Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-01-22
The District Court Again in Session
to Hear the Argument in the
HealY Case.
Attorney Crum Of Fargo Attempts
to Show Prejudice on the Part
Of Jurors.
States Attorney Register Given Two
Weeks to Answer the Argu-
meRts of Defense,
District Court.

torney for MI. Healy, made his argument
for a new trial. The first point he made
was that the constitution, section 81,
provides that all prosecutions shall be
carried on in the name and by the au-
thority of the state of North Dakota, and
conclude against the peace and dignity
of the state of North Dakota" The in
formation in this case reads "in the name
and on behalf of the state" emitting the
words 'by the authority" and the words
North Dakota" Mr.. Crum claimed that
this was a fatal defect which the defense
could not waive, and the fact that no OBJ
lection or demurrer was made to the in
formation on the trial was no bar to rails
ing the objection at this time. He quoted
a number of authorities to sustain his
position, and claimed that there were
only two courts in the United States that
had ever ruled against his position, and
those courts were a couple of small coun-
ty courts in Pennsylvania. He had never
before argued for a new trial in a court
that he had not been able to find some-
thing on the other side, but in this case
he could find nothing whatever on the
other side.
Mr.. Crum had an objection to the YER
dict, but he said, after looking the mat
ter up further, he was satisfied there was
nothing in this objection.
He then attacked the veritication
which appears at the end of the inform
alton.
Mr.. Crum then paid his respects to
the jury. He read a number of authori-
ties in support of his position that if a
juror has, prior to the trial expressed a
strong opinion against the defendant or
has falsely testified as to his qualifica-
tons to sit as a juryman-these facts
are grounds for a new trial. He then
read from the stenographer's transcript
covering the examination of Mr.. VAIN
wright, one of the jurors, in which Mr..
Wainwright said he had not talked with
any one about the case and did not
know anything about it. Mr.. Crum
then read al affidavit from Richard
Falkenstein, who swore that on the 9th
of December, 1891, he had a c%onversa-
ton with Wainwright in which VAIN
wright said: "Anderson Healy was
guilty of the charge Of bribery with
which he had been charged before E. G..
Chase; that he, the said Healy, would go
over the road that if he was on the case
he would sinch him d quick, and
would sinch him if he got a chance, and
the said Healy was a d. scamp"
Wainwright further said to Falkenstein
that he was on the jury in the case Of
BLY, vs.. Healy and Ecklund, and he de-
sired to find a verdict for Ecklund and
against Healy. Wainwright seemed to
be very unfriendly and hostile toward
Healy.
An affidavit from Alfred Cressey was
to the effect that in December, 1890, two
or three days after the trial in the dis
trict court Of Bly, vs.. Healy and Eek
lund, Wainwright, IN a conversation with
Greasy in the presence of George Beaver,
said that Healy was a rascal and a vii
lain and a thief and he should be sinched
n it he ever got a chance he would
sinch him; that Wainwright expressed
himself as very much dissatisfied be-
caus the jury in the case did not find a
verdict against Healy.
Timothy w. Griffin had an affidavit
stating that he had a conversation with
Henry Grambs, on or about the I'd of
December, 1891, and Grambs said that
Healy was and
not a proper man to be trusted with
county business, and he believed Healy
to be guilty of the charge of bribery.
VIM G. Mckinney also made an aft
davlt in which he stated that on or about
November l, 1891, and before the trial,
he was in Grambs' store on Main street,
and Grambs said Healy was a id ras-
cal, and a stinker, and Healy was now
putting in a hardware stock; that he
(Grambs) had been buying goods of Hea-
ly and he would never buy anything else
of him and he would get even with him
-"now you see if I don't; I never had
any use for him aud now I have a id
sight less" Grambs made other state
ments about Healy of a like nature.
John G. Nolan had a conversation
with Grambs on the Sd of November,
1S91-election day-and Grambs said he
would like to see Healy beat, as he had
no use for him since the spring election,
since Healy ran for alderman and done
dirt on Grambs.
AFFIDAvlTs FROM JURYMEN.
Bernard O'Reilly, one of the trial ju-
rors, said that the jurors, while consider
ing their verdict, occupied five differ
emit apartments in the court house, one
Of the apartments having a stairway to
the lower floor to which said lower floor,
Aaron N. Mason was confined during q
rorfion n an,1 time. ~ ~ fhorn v,ao no