Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1913-05-30
Jury Recommended Him to
Courts Leniency-Was Chalg-
: ed With Attempted Bribery Of
Legislators.

ing.
The closing arguments of the at
torneys in the case of the state
o! Moth Dakota VS.. E. ]. Ness.
charged with attempted bribery
were made Monday morning and
afternoei. States Attorney
Berndt + ened for tn. state in the
morning and made a careful ,e.
view of tie evidence and present.
ed the case to the jury. After the
noon hour Attorney Sinkler of
Minot, who was chief counsel for
the defense opened for the defen-
dant and addressed the jury for
three solid hours, not finishing un-
til nearly FIVE o'clock and at that
time stating that the judge had
warned him that he was taking too
much time and also saying that
there was material to keep him
going for some time.
Attorney Shinkler made the
statement during his address that
there was no doubt in his mind
nor could there be any in the
minds of the jury that there was
an effort made by someone in con-
troll to smother the anti-snuf bill,
but he contended that the men
who would be back of such a
movement were not men who
would employe a man of Ness
calibre to take charge of their
work. He insinuated that there
were members of the legislature
who were there looking for bribe
and during the course of his talk
directly accused Twichell one of
the prosecuting witnesses with hav
ing been one of those, who were
active in getting the representa-
t;ves of the tobacco company to
make an offer. He contended
that there was a fear finally en-
tered the minds of those who were
willing to take money for their
votes that they were going to be
found, and that in looking around
for goat they picked on Ness
as the most likely victim and had
him brought before the bar of the
house where he was convicted of
the charges preferred. Mr.. Sink
ler was particularly severe in his
arraignment of Twichell for the
part he played in the proceedings,
coming out flat footed and stating
that he was looking for the money
before Divet was brought into
hhe case. He dwelt at consider
able length on the relations be-
tween one Mr.. Rice, was allowed
to have been here in the interests
of the tobacco company and a
Mrs. McKensey who was house
stenographer during the session,
He said that in his opinion Mrs.
Mckensey was one of the parties
implicated and that Ness was used
here in an effort to cover up some
of the proceedings. He also came
out point blank with the statement
that Twichell was the man who
got Rice to come here and tina,
'"he was not so anxious to capture
the criminal as he was to get the
money" He closed his argu.
ments by making an appeal tc
the jury to let his client off as he
was not the man they should gel
but that there were those highes
up who were the real criminals.
Attorney General Miller who
has had charge of the case for the
state opened his address to thu
jury by endeavoring to impress
upon their minds the gravity O
the case. He said that it was {
case where the honor of the mem
bers of the legislature had been at
tackled and that if the case wa
not decided justly it might leae
to circumstances whereby the ef
forts of years to preserve law ane
order and instill into the minds:o
the people the respect for the Law
would have been wasted. HI
made no bones of stating that i,
his opinion it was the America,
Tobacco Company who were fur
nishing the sinews of war for tn
defense in the present instance ant
also stated that there was no quea
ton as to the fact that there ha.
been an effort to secure the dealt
of the anti-snuf bill by the use o
money. He stated that Ness wa
not the imbecile and no goo,
characted he had been pictured
That he was a man who kne1
men, one who had made success