The evening times., 1911-08-09
many POINTS ARE
INVOLVED IN
MOTION
Request For New Trial by
Bickford Hinges on Several
Different Contentious

That there exists sufficient grounds
for the motion for new trial to make
almost certain the setting aside Of
proceedings already had, is the be-
lief entertained by counsel for G. l..
Btckford. the former treasurer of
North Dakota convicted recently at
Washburn Of embezzlement. August
81 ia the date that was fixed by Judge
Crawford for the hearing of the new
trial motion, but the present indica-
tions are that It will be some time
later before the case is heard mas
much as there has been an unavoid-
able delay in the transcribing of the
evidence.
One Of the first grounds upon which
the verdict Of the district court of
Mclean county will be attacked will
be that relative to the soundness Of
the information itself. District court
judges have twice ruled on that fea-
ture, the efforts of the defense to have
the information set aside both times
being fraught only with failure.
Contains Several Counts.
In the information, the legality Of
which Is questioned, the charge Of
embezzlement. To make up that
charge there are several items, name
ly, the so-called Barnes county deal,
the insurance money and certain de-
posits or checks. The total amount
with which Bickford was originally
accused Of embezzling was $6O,48O. OF
that amount $25,000 is identified as
being the insurance money, $15,4SO is
the Barnes county item. and $4,000
is the deposit in the Bowbells bank
which, at the time, belonged to Mr..
Bickford.
During the trial of the case, each
OF these items were shown to be clear
ly defined and separate of each other.
The claim the defense makes is that
under the North Dakota law, 1t is not
legal to try man on three separate
criminal offenses at the same time,
alleging that as matter Of fact, the
information does allege three different
offenses, while there is only one gen.
eral charge.
Another point on which the defense
will make strong fight when the
case comes up again is that on which
the verdict of guilty was returned.
During the progress of the trial there
was an item admitted as evidence
tending to indicate motive on Bick-
fords part relative to alleged crook
edness in the administration of the
affairs of the Office. This particular
item was one for d little over $54, and
it is the one on which the jury re-
turned verdict finding Bickford
guilty.
The Convicting Item.
In the evidence that was drawn out,
the small amount in question was
shown to have been paid into the
treasurer's Office by the FlaXton bank
as interest on deposit of about $4,000
in that institution. The defense, when
Mrs. Mitchell was on the stand,
brought out the fact that there was
approximately $160 in cash in the
not known, and 1t was the theory of
the defense that the s54 In question
was part Of that amount, having
been put into cash and not credited
to the interest account. as 1t should
have been.
With these points constituting the
principal basis Of attack, the defend
ant Is confident that the supreme court
will reverse the lower court and or
der all proceedings so far had aband-
oned. The motion for O new trial
must first be argued before Judge
Crawford, and his denial Of the mo-
ton would send it to the higher court.
The former state treasurer Is at
the present time located in Bowbells,
having been there constantly since his
retirement from the office last winter.