The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-09-02
THE NET T|GHTENS ABOUT
THE ACCUSED MURDERESs

pleaded for the vindication of her
name, her husbands name and that
OF their four small children.
Gives Defense Opening Wedge.
Assistant States Attorney Popham
gave the defense the opening wedge
by declaring that although it had been
said that mistake had been made by
the. state in arresting Fitzgerald, he
was convinced from the investigation
made last week that no error had been
committed.
There is absolutely no question:"
said the prosecutor, that crime was
committed and we will show reasons
why we believe George. w Fitzgerald
to be guilty of the charge-reasons
sufficient to hold him to the grand
jury. We believe that, following an
Indictment, a jury will sustain our
contention by conviction"
Litzinger Grows Warm in Talk
Attorney Litzinger, who. in the
meantime, had waxed warm, pointed
his finger at court and counsel, while
he poured fusillade of oratorical
ammunition into the states intrench-
ments. He said:
Il say to the counsel for the state
and the court that George w. Fitzger-
aid has courted and demanded the
fullest investigation for the last year
and half and l have documents in
my pocket to prove that he had asked
Boldenweck to make the investigation.
But Boldenweck did not have the man
hood to make these charges, but
shielded himself behind a midnight
raider. There is stigma that must
be removed attached to George w.
Fitzgerald and his wife and four small
children.
Says Clients Conscience is Clear.
"F'itzgerald's conscience" shouted
Mr.. Litzinger, "is just as clear as that
OF the judge sitting on this bench, and
his conscience will be the bulwark OF
his defense, which Boldenweck cannot
break down."
Earlier in the proceeding Mr.. Lit
Finger referred to Young as "an un-
known person and midnight raider"
He sought to get from the state an
admission whether the present prose-
cution was shouldered by the state or
Mr.. BoldenweclS, but the court sus-
tanned the states objection that the
query was "impertinent."
AT the opening Assistant States At
torney Barbour informed the court
that States Attorney Healy upon his
return to the city had written to Mr..
Sims, informing him the state had no
desire to usurp the authority of the
United States district attorneys Of
flee and had received a reply that Mr..
Sims was unable to determine what
he would do at this time. Mr.. Bar
bour asked for continuance for ten
days and Assistant United States Dis.
trict Attorney Benjamin Davis Joined
Ill this request. 1t was in the argu-
ments which followed that Mr. Lit
Finger criticised Mr.. Boldenwecks at
titude in the case. Judge Cbetlain
declared that as tl.e government is
deeply interested and might want the
defendant held to the federal grand
jury he would continue the case to
- 2ten.t.er Q.
Denies United States Will Prosecute.
Although it might seem from the ac-
ton taken in the Fitzgerald case this
mo!l ing :ss't the government will as.
sumo the prosecution, tni. vas denied
by Assistant District a.. ,rney Rem
Jamln Davis, when seen at his office
in the federal building.
The continuance does not mean that
the government will take over the
prosecution" said Mr.. Davis. at
simply means that Mr.. Sims desires
me to carry out certain instructions
ne has sent me. l cannot disclose
what these instructions are, but will
state that the prosecution of Fitzger-
aid will. in all probability, rest entire
ly with the state. Tnasmuch, however,
as the $173,000 theft was from the
government funds, the government ma
turally is interested in what is DONE"
Letters Are Made Public.
Letters which passed between Fitz-
gerald and Assistant Treasurer Boil
denweck were made public by Attor-
ney Litzinger late today. Boldenweck's
letters refer to the discharge of the
asserting teller and charge violation
OF the rules for permitting other en-
playes in the asserting tellers cage,
as well as gross negligence, for the
$4,000 shortage. The rules referred
to by Mr.. Boldenweck, FITZGERALD
points out were passed March 1,
twelve days after the discovery of the
shortage, and he denies gross careless
ness on the ground that other en-
ployes permitted outsiders in their
cages with the knowledge OF the as
sistant treasurer. His requests for
a full and thorough public inyestiga-
tion remained unanswered, he de-
clares.
Tries to Assault Reporter.
Fitzgerald attempted to assault E.
w. Clark, reporter for the Inter
Ocean, after the adjournment of court
today.
"Ill land you in the penitentiary
before get through with you!" shout
ed the defendant, dashing toward the
man and attempting to
strike him. Fitzgerald's attorney,
Edward R. Litzinger. prevented the at
tack by physical restraint.
The newspaper man was the spe-
nj S0,. -.