The Dickinson press., 1917-10-27
JUDGE NUESSLE
RENDERS VERDICT
IN FAMOUS CASE

An echo of the famous J.. S. White
forgery cases in Stark county was
fheard in Bismarck Wednesday, when
Judge w. L. Nuessle handed down a
decision that T. F. Murtha, former
states attorney of Stark county, was
not entitled to the $4,794.70 in fees,
for which a contract in which he had
entered with a former board of county
commissioners called. He also held
that judgment should be entered
against the commissioners and bonds
men equally with MI. Murtha.
Stark county, represented by Leslie
A. Simpson, w. F. Burnett, T. H.
Pugh and States Attorney H. A. Bur-
geson, was plaintiff, and the defen-
ants were T. F. Murtha, Adam F.
Mischief, Delbert Hughes, Frank A.
Roquette, Dominick Wetzstein, Thorn
as Braun, Adam Foster, Joseph Kill
zer, Peter F. Berringer, John P.
Berringer and the National Security
Co. of New York. Defendants were
represented by the following law
firms: Engerud, Divet, Holt &
Frame, Fargo; Lawrence & Murphy;
Fargo, and Sullivan & Sullivan, Man
dan.
J. S. White, who served as auditor
of Stark county from 1908 to 1909,
was charged with forging salary war
rants and other warrants numbering
300 to the amount of $4,000. The
county, following Whites conviction,
recovered from the companies that
had bonded White during his four
terms, the sum of $s333,553.04..
Of the warrants forged $4,000
worth had been registered but not
paid, and were held by the First Ma
tional Bank, the Dakota National
Bank and the City of Dickinson, which
in turn brought suit against the COM
panies who had bonded the county
treasurer, who paid Whites warrants.
They also recovered.
The bonding companies, feeling that
some one had recovered too much
money, brought suit against the
Northern Trust Co., the banks and
the City Of Dickinson, and made the
county a c~o-defendant, on the grounds
that it had recovered about $1,000 IN
excess of the amount of which White
had Sdefrauded it, had been paid in
full and had nothing more
coming. /
The county, ~contending that thad
something still due in fees, interest
and the cost Of expert counsel, again
sued in its turn, and in February,
1913, procured Judgment for $4,000.
This case was appealed to the SUI
Epreme court by the bonding COM
panies in June of that year.
In August T. F. Murtha resigned as
states attorney, and j. =. Cain was
named a successor by the county COM
missioners. With the alleged ap-
proval Of the new states attorney a
contract was made with MI. Murtha
by which he was to defend the county
in the appeal and was to receive a
contingent fee Of so per cent of the
amount finally recovered. Murtha
won his suit for the county, but oh
lection was then raised to paying him
his fee, the contention being made
that he had only done his duty as
states attorney, and was entitled TO
no extra compensation.
The matter. came Ito trial dis
trict court, and finally went to the
supreme court d demurrer from
which it was sent back again to the
district court for trial. Last winter
the case came up before Judge Nues-
sic, who sat on the bench in place OF
Judge w. C.. Crawford, and at the
close Of the trial the Judge made. it
known that he would find against Mr..
Murtha, but would take the matter
under advisement ais to whether NOr
not the county commissioners should
be held equally responsible; because OF
making the contract.