The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-11-05

i,S~s w Iva sAAo SSeAsO OAA ShO C0AA VI luO
calendar. The states attorney of
Foster county said he was not en-
ployed, and would not appear. The
states attorney Of Morton county was
not there, and was informed had
refused to appear. Accordingly l d.
rected the clerk to forthwith wire the
attorney general at Bismarck, that
these cases were on call, and defend
ants were insisting on trial, and ac-
cordingly on March 81, 1910, at $40
o'clock p. M, he sent the following
telegram: n.
.,n- .carrlngton, NJ %21. 1910.
TO Attorney General,
Seven Morton county &,on
cases for trial, in Foster count> Co
you wish to appear? The defendA, =
have an attorney here.
(Signed) Malen, Clerk"
Not hearing from the attorney gen.
erals Office by noon the following
day. sent the following telegram to
the attorney general myself:
Darlington, N. D., March 22, 1910.
To Attorney General,
Bismarck, N. d.
BE ready for trial Morton county
cases here, Thursday morning, or dis
missal will be ordered, they being the
last criminal cases on calendar, and
defendants insist on trial.
(Signed) E. B. Goss."
received the following telegram:
Bismarck, N. D., March %, 1910.
To the Clerk of District Court,
Darlington, N. D.
Dismiss cases.
(Signed) Andrew Miller,
Attorney General"
The next day, March %. 1910, re-
ceived the following letter:
valley City, N. D.. March %, 1910.
Honorable E. B. Goss,
Darlington, N. D.
Dear Sir:
II saw Judge Burke last night, and
he told me motions to dismiss the
Morton county cases are pending. II
not already granted, would like time
to take up with Mr.. Miller the ad-
visibility Of fling statements. II we
decide to file, will send same tomor-
row. If not, will call you.
Yours very truly.
(Signed) G. L. Young"
The readers will bear in mind that
Mr.. c. L. Young is. and has been. and
was at that time, the assistant attor-
ney general Of this state. After re-
ceipt of this letter, waited two or
three days to hear from the attorney
generals office at Bismarck. The
statements mentioned in his letter,
referred to statements as to reasons
why the court should dismiss those
cases, and from his letter and per-
emptory telegram, ordering the dis
missal, concluded the cases were
not for trial, and the criminal busi-
ness of the calendar getting we'll
toward completion, In order to know
what the Jury were to be used for, L.
myself, personally phoned to the at
torney generals Office, at Bismarck,
some time after the receipt Of the let
ter above quoted, and over the phone
talked with Mr.. c. L. Young, assist
ant attorney general, in charge, and
he informed me that there was no
longer need for delaying disposition
of the cases, and that the state had
lost its evidence. and were not in po-
SlIlOA W. OVOl SCt NOAVAStAOAoS 1AAest A40
had gone into the matter carefully,
and desired the cases dismissed, and
that, under the circumstances, there
was no necessity for him fling q
statement of reasons for dismissal,
with written request therefor.
Accordingly on Saturday, the mo-
ton of defendants counsel was
granted, and the cases dismissed.
Nothing else could have been done,
without arbitrary action on the part
of myself, for which could have
been justly criticised.
In the light of the foregoing actual
record in the cases. / trust you will
be fair enough to editorially correct
your statements made editorially, and
take the same steps to inform the
public of the fact that you published
false matter concerning me, mislead-
ing to them, that you took to mislead
them and injure me, through the col
umns of your paper, and II you have
any more similar falsehoods to pub
lish concerning me the last day or
two of the campaign, when 1t is too
late for me to answer, bearing in
mind that it takes one full day for
your paper to reach Mlnot and anoth-
er day for my answer to reach your
paper, please do me the favor Of in
vestigating before publishing, and
know that / will have nothing Of
which to complain, as I have not to
my knowledge, performed one official
act that l cannot In any place, or be-
fore any one, defend and justify.
I trust that in fairness to your read
ers, yourself, and to myself, you will
publish this communication, and also
acknowledge that you have the certi-
fled copies of the clerk of the district
court, under seal Of that court, Of the
record in the case relative to the mat
teer contained herein, that send to
you with this letter.
Respectfully,
e B. Goss.
Minot, N. d., Nov. 4. 1910.
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