Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-31
WOULD ARREST Officer
.0F IST NATIONAL BANK
JUSTICE PIERCE ORDERED J. l..
BELL TO PRODUCE BANKS
BOOKS IN COURT.
Sensational Features Injected Into
Temple Trial Friday morning-Jury
Was Finally Secured.

The third act of the trial of c. w.
Temple, manager of the Grand inca
ter. who is charged with violating the
Sunday theater closing law on Sun
day, March 20, was staged at the court
house Friday morning. Thursday al
ternoon after A. w. Lucas had been
secured for the twelfth juror, four pre-
emptories were used, two by counsel
for each side and c. J. Busch, S. 5.
Clifford, S. E. Register, and F. j.
Glitschka were excused. This left
only eight jurors and a recess was
taken while other summons might be
served.
When court convened later in the
evening the other four jurymen were
secured and the complete panel is as
follows:
F. G. Grambs, contractor.
l.. X. Thompson, agent, 500 line.
Andrew Pierson, contractor.
w. E. Breen, retired merchant.
O. w. Roberts, section director U. S.
weather bureau.
f. L. Peck, undertaken.
A. w. Lucas, member board Of city
commissioners, merchant.
F. w. Murphy, president Bismarck
Bottling Works.
w. E. Lair of Lair Motor Sales Co.
A. F. Lenhart, druggist.
G. Juhnke, merchant.
T. E. Flaherty, county auditor.
Court convened at 10 o'clock Fri
day morning and the first witnesses
were put on the stand. There were
frequent clashes between the opposing
attorneys, and as Justice Pierce said:
"You fellows on one side think one
thing is law, and you other fellows
think the opposite, and I'm going to
decide to the best of my knowledge"
Another of the Justices remarks
which occasioned considerable merri-
ment was, when l make q ruling
don't want you to kick about it."
This followed strenuous protest on
the part of one of the lawyers re.
garding the legality of some Of the evil
dence to be put on record.
There was considerable excitement
in the court room when J. l.. Bell, vice
president of the First National Bank
ives ordered by the court to produce
the books of the bank within 80 min
utes or be arrested for contempt of
court. Mr.. Bell on advice Of counsel
refused to do this, as he claimed that
the relations of depositors with the
bank were confidential.
At the expiration of the 80 min.
utes Mr.. Bell appeared in the court
room accompanied by w. F. Cochrane
attorney for the First National Bank.
Mr.. Cochrane stated that in his Opin-
ion the court could not legally issue
an order requiring the books Of a
bank to be produced in court, and ask
ed to be allowed to confer with the
attorneys of both sides of the case.
States Attorney Smith refused to con-
fer with him, but Mr.. Cochrane ex-
planned his point to Justice Pierce
with the result that the order was
quashed, so Mr.. Bell took the stand
without the books.
There were a large number " wit
nesses examined by the attorneys dur
ing the morning and it is expected
that the case will 60 to the jury Fri
day evening or Saturday morning.
At half past three this afternoon the
testimony was all introduced and the
address 23456theirhWLi nmiETAO1N
attorneys for the state had started
their address to the jury.
Before the addresses Of the state
were started the attorneys for the de-
tense asked that the judge instruct
the jury to return a verdict of not
guilty and gave as their reasons for
the request that the complaint upon
which the arrest was made was not
SIGNED nor sworn to and that there
had been irregularity in making the
jury on account of the alleged fact
that some Of them had been empan-
eled in one case and others in anoth-
err The case will in al probability 60
to the jury late this afternoon.
"For Shoes Go See Busch."