Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-13
NO REPORT FROM JURY
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ed to the jury. Mr.. Bangs for the de-
Tense objected to that as he stated
the indictment referred to the entire
publication as offered for shipment and
not any particular part but the Objec-
ton was Cverruled and exception tax
ell.
Immediately following the noon re.
cess Mr.. Bangs for the defense asked
for directed verdict setting up the
claim that the charges alleged by the
prosecution had not proven and the
request was denied by the court.
At this point Engerud for the gov
eminent made the statement that for
the purpose Of Fastening the case
he would consent to a verdict Of
not guilty in 16 of the counts,
leaving the rest for the judgement of
the jury and he asked that the Judge
direct 'erdict Of guilty on the re-
naming counts but this Judge Willard
refused to do stating that he .ould
leave that part to the jury to decide.
Attorney Engerud made the opening
statement for the government and was
followed by Tracy Gangs for the de-
Tense. The attorney for the govern
! ment Of course argued that the ar
ticles referred to in the indictment
were obscene and lewd and that the
publication was issued for the pur-
pose of profit only and that there
was no excuse for the jury not re-
turning verdict of guilty as regards
both defendants on every count that
was in question. Bangs argued that
there was nothing in the publications
that was of a wrong nature and that it
was published for the purpose OF
teaching a lesson and that where
there was graft, dishonesty and wrong
practices exposed the publication was
doing a. world Of good and that it
would be an infringement of the free
dom of the press to suppress the pub
LEGATION Of Jim Jam Jems. As is the
rule in court the government got the
last chance at the jury and Attorney
Engcrud repeated the statements that
he had made in his opening arguments
and closed with an appeal that the
jury find the defendants guilty.
Judge Willard in his charge to the
jury reviewed some of the articles
referred TO in the indictment and
went into detail in number Of them.
He explained to the jury the meaning
OF obgenity and stated to the jury
that it had been proven beyond a
doubt that the books had been offered
y<, ;pt< tatI chi hnt ~,
fact the defense had admitted that
part OF the charge. He did not in.
struct AZ TO the verdict that was
to be rendered but did warn them that
they should be very careful in ar
irving at their decision.
Ed. Higbee was appointed bailiff
to take charge Of the jury and they
were conducted to their retiring room
at twenty minutes past five.
There has been packed house at
each sesion Of the court since the Jim
Jam Jems case has been on and every
word Of the evidence and argument OF
the attorneys was listened to with in
tense interest
There are a number o. other cases
that will be tried at this term. One
of them is the case against man
named Davidson who is charged with
embezzlement Of the funds of a post
Office in Morton county at Kaiser.
Another case that will be tried at
this term is that of a soldier named
Slower, who Is charged with cashing
a money order after having forged the
name of the rightful owner Of it. On
this case there are a number of sol.
diers of the 14th Infantry U. S. A.,
formerly stationed here, but now at
Fort Wright, who have been. summon.
ed as witnesses.
1t Is probable that the term will not
be completed before Saturday.
FOR RENT-Modern large front
room to gentlemen, all convenient