The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-22

several of them being threatened with
contempt proceedings and penitenti-
airy sentences when answering con-
trary to the desires of those conduct
ing the inQuisition. Among the wit
nesses subpoenaed vas a trusted en-
ploye of E. G. Patterson. who was
commanded to produce Mr.. Patter-
sons private books, to be kept as
evidence against him. Nearly all the
employees OF the hotel were summoned
in this matter. They testified to 60
ing out and procuring liquor at the
different blind pigs in the city at the
request OF guests OF the Northwest,
but the inquisitors refrained from at
tempting to ascertain the names of
the parties where the stuff was pur-
chased, and at the conclusion OF the
inquisition warrants were issued for
E. G. Patterson and for no one else.
A third search warrant was issued
and another search was Immediately
made, the states attorney conducting
the search in person, but nothing was
found.
That the inqqisition was wholly
without precedent and reflection on
the supreme court, and therefore
showed prejudice on the part of JUS
tice Spalding in going to such I'M
warranted lengths in prosecuting E.
G. Patterson. That the complaint
which is under consideration at this
hearing was drawn up on a type
writer with an order attached bind
ing over the defendant, indicating that
the party who drew up the complaint
hot no nf no rt
would be.
It was emphasized both in the aft
davits and by the attorneys in their
member OF the supreme court to the
some private motive and this infer
the demand OF the defendant that the
proceedings had during the star cham
Der session be made public was de-
MED.
Judge Spalding attempted to excuse
his action in coming here to conduct
the proceedings by stating that he was
sent for by two OF the highest officials
OF the state-supposedly the governor
and assistant attorney-general-which
created a great deal OF surprise and
which is generally considered as bear
ing out the contention of the defense
that the prosecution is for political
purposes. This contention is further
borne out by the fact that Mr.. Pat
terson's opponent for the Office of
mayor is prominent democrat and
also that the candidate for city treas
urer is private secretary to the gov
ernor-a man who is known to be
bitterly opposed to Mr.. Patterson's
candidacy.
Throughout the arguments by the
attorneys for the defense, it was
urged that whether or not there was
actual prejudice existing. Judge Spald-
ing and the supreme court were be-
ing made use of for political pur-
poses and that it was the duty OF
Judge Spalding to protect the SUI
preme court from the stigma and OBJ
loquy which might attach to it from
the nature OF the proceedings.
Throughout the days proceedings it
was frequently urged that the first
duty OF the magistrate was to pre-
serve the dignity of and the respect
for the supreme court. which were
threatened by the present proceed
ings. Judge Spalding frequently
interrupted counsel with the state
ment that he did not consider such
arguments proper, and that he had
concluded to act as magistrate to
comply with the request made OF him,
which he considered at the time to
be sufficient reason for his acting In
the case, and that it was not his duty
to give further reasons to anybody.
He stated that when he left Fargo
for Bismarck he did not know that
he was to act in a case against E.
G. Patterson, nor did he know that
Mr.. Patterson was a candidate for
mayor-although he afterward re-
tracted the latter statement.
One OF the affldavits submitted by
the defense set forth the fact that
the Fargo Forum Of last Thursday
the same day Judge Spalding left Far
go for Observation-Disclosures an item
to the effect that the judge had gone
to Bismarck to commence proceedings
relating to charges against f. G. Pat
terson for alleged violation OF the
prohibition law. and it is reasonable
to suppose that the Forum must have
gotten it's information from Mr.. Spald-
ing.
After running argument OF about
two hours duration. in which the at
torneys for both sides and the Judge
took part. the court denied the motion
for change of magistrates, and the
sufficiency of the complaints and other
questions will probably be raised by
tho defense.