The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-22
IS It POLITICAL DEAL
Peculiar Action of High Off,
Gals Looks More Like it
Than Law Enforcement.

Bismarck, March 22.-The hearing
of the case of the state against E, G,
Patterson before Judge Spalding of
the supreme court assumed an ag-
gressive turn when motion was
made that the proceedings taken in
the star chamber session at which
the facts were procured on which the
complaints were, based be filed and
made a matter of the public record.
The motion was denied and the de-
mand refused.
The defense then filed regular
affidavit of prejudice and asked for
change to another Justice. This
motion was denied on the grounds
that the statute does not apply to
supreme court judges sitting as COM
uniting magistrates, whereupon the
defendants counsel moved for a
change of magistrates on the ground
of actual bias, supporting the motion
by lengthy affidavits setting cut the
entire history of the case, and show
ing that the prosecution was inspired
by the political enemies OF E. G. Pat
terson, for the purpose of defeating
him in his candidacy for the Office
of mayor of Bismarck.
1t was shown how. early in the
legislative session, the states attorney
of Burleigh county and the assistant
attorney-general, for the purpose of
preventing the candidacy of E. G.
Patterson, had endeavored to secure
the passage of senate bill No. 4. which
prohibited the holding OF two elective
offices by the same person. The de-
tails of this memorable fight in the
legislature and the final defeat of the
bill referred to were related at length.
1t was then shown that, after fail
ing in this attempt. the states at
torney and the assistant attcrney-gen-
eral induced the county commission
ers of Burleigh county to appoint two
justices of the peace at Bismarck. in
contemplation of legal proceedings
against E. G. Patterson. and to that
end there were selected one OF Mr..
PattersOn's worst enemies and another
gentleman who was under the influ-
ence of the states attorney and that
these two men established their Oh
fees close together-one across the
street from the other-so that if a
change of venue was taken from one
1t would have to go to the other. W.
der the statutory provision that in
cases where change Of venue is
granted the case must be taken to
the nearest justice.
The affidavit then goes on to state
that within three or four days after
this matter was arranged, the states
attorney and assistant attCrney-gen-
eral started proceedings against E.
G. Patterson. commencing with a
search warrant on March 9, on in
functional proceedings brought before
Judge Winchester. The Northwest
hotel was searched at six o'clock and
no evidence found and another search
followed at midnight with the same
result. On the following Wednesday
Judge Spalding. who was then at
Fargo, was telephoned to come to
Bismarck and assist in the prosecu-
ton. Spalding arrived on Thursday
at noon and shortly thereafter insti-
tuted the star chamber proceedings
referred to in the first motion. Nu-
meyous witnesses were subpoenaed
and taken before Judge Spalding,
where they were subjected to rigid
and secretly conducted examination.
These inquisitional proceedings were
continued throughout the 14th. 18th
and 10th. no one being permitted to
be present but the judge and prose-
cutting attorneys. 1t was set forth
that the witnesses were interrcgated
in a violent and threatening manner.