The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1914-03-28

AFTER the NerdlCC was reached, Sui
livan said he again called Bangs, tell
ing him the verdict was acquittal.
ITO hell you say" vas Bangs only
comment, Sullivan maintained.
Got $1ss More.
On the day after the verdict was
reported, Sullivan said he went to
Bangs office and asked for more mon
ey, telling him he needed some. Bangs,
Sullivan says. called Carley by tele-
phone, and told him to give Sullivan
$135.
Sullivan says he went to Carley, and
received $1S5.
Only the foundation of the states
case against Tracy Y. Bangs and j.
G. Mahon, accused OF bribery OF the
jury in the McI4ain Cooper murder
trial, was laid at the first session of
the preliminary hearing held at the
city hall this morning before Justice
Phil Mclaughlin.
NJ. W. Spaulding. clerk Of the dis
trict court. was or the witness stand
during the entire mornisg session. He
testified from memory, and the rec
ords of the district court, as to the
general circumstances of the trial.
Only Mr.. Bangs and MIR. Malon APP
peared, States Attorney o. b. Burt
ness informing the court that the case
against Harry Cooper. continued on
account of the necessary absence Of
Cooper from the state. on an I'M
portant business trip"
Tracy Bangs, accompanied by his
brother, George Bangs, who is appear
ing for him. arrived III the court room
a few moments befor,: the opening of
the court, and took seats within the
20 n n rTHnS. :>~ ~ n--v
nlents later by Q. j. Murphy and Ar
defense.
States Attorney Burtness. L. B. Ell
ton, assistant. G. 8. Lyche. states at
torney for Trail county, then entered
the room, with J.. A. Sullivan and
Detective O. H. Hatfield. They occu-
pied seats on the opposite side Of the
room.
SpauIdina is Called.
NJ. w. Spaulding was called by the
state Immediately following the open
ing Of court. He testified that he was
clerk Of the district court during the
trial of McLain Cooper on a charge
OF murder during November and De-
cember. 1911.
He stated that the complaint
against Mclain Cooper was filed in
his office Nov. IA. 1911, on a change
Of venue from Traill county. the jury
having been drawn or the regular
court term here on Oct. 20. 1911.
The trial began with the selection
being complete November 20. A spe-
cial venire was necessary before the
jury was complete. The case went to
the jury December IL, and a verdict
Of not guilty was returned December
IA.
On cross examination by Attorney
George Bangs, MIR. Spaulding said
of Bailiffs J. A. Sullivan. J. G. Hart
and George Boyd. appointed by Judge
Iempleton, and of a number Of the
deputy sheriffs. including Martin
Haugen and Thomas lawson. Boyd
he said, was appointed after the rest,
beginning work November 20.
Sullivan, said MI. Spaulding, was
in general charge of the jury assisted
by Hart and II. NJ. Fischer, deputy
sheriff.
Shows Method of Selecting Jury.
Questioned as to the method used
in selecting the jury, Mr.. Spauldine
said that Edwin Johnson. J. c. Stew.
ems. Thomas Waller. Martin johnson
Ole Holiene and Il. n. Bruyere were
chosen from the original panel fol
~ AS6NioA lCtJh VI SouIls INeIs
Thompson. Norman Winslow, Johr
Griffin and G.. y. Engen we're taker
from a special venire ordered b,
Judge Templeton November 81, and
that A. Fl. Lindaas and George Hy.
slop were simply selected by the
sheriff. according Ia a stipulation
made by the opposing attorneys.
Mr.. Spaulding further testified tina,
the jury was In charge of Sullivan
when not in except at the re.
cess usually taken between 3 and 4
O'Clock in the afternoon. At tina,
time. and while in court. the jurymer
We're in charge of the sheriff and hi.
deputies.
The jury slept at the Hotel North.
stated that he understood there was
q telephone in the room occupied by
the bailir.
The jury was allowed to attend
church and the theater. Mr.. Spauld.
Ing said, in accordance with a verbaI
order issued by Judge Templeton.
Sometime before the jury was com.
pleted the talesmen were given Fhtc
the charge of the hafliffs, according Il
Mr.. Spaulding. He was not sure a,
lust what stage Of the proceeding.
this was done, however.
Tcmpleton Feared Tampering.
WI. opduluinS SAID Lnat ne re.
called, however. that Judge Temple.
ton had called Tracy Bangs and
George Bangs. the opposing attorneys
before him and had told them thai
certain information had reached hi,
ears regarding certain men who were
In town who might be planning tc
tamper with the jury which made II
advisable to place the jurymen in tho
custody of the bailiffs.
No names were mentioned by tho
Judge in this connection, according tt
Mr. S%paulding.
Asked as to the connection Of Dep.
uty Fischer with the case. the wilmer.
said that he had understood that he
sometimes assisted Sullivan in guard.
Ing the jury. but could not state OF
his " knowledge as to whether OF
not this was true.
The hearing was then adjourned
until 2 o'clock this afternoon to per.