Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-03-27

GIVE final
ARGUMENTS
TRACY BANGS MADE ELo-
QUENT PLEA LAST NIGHT
IN CLOSING CASE FOR THE
DEFENSE.
BILORETn ROUNOLY SCORED
For More Than Three Hours Jim
Jam Jems Analysed by Grand
Forks Attorney.

Jam Jems Analysed by Grand
Forks Attorney.
The case of the United States VS..
Sam Clark and c. H. Crockard will go
to the jury today. Attorney Tracy r.
Bangs, senior counsel for the defense,
followed District Attorney Hildreth's
Introductory arguments to the jury
yesterday afternoon, and late last
night at a special session of court
completed his remarks in behalf Of
his clients. Adjournment was then
taken until $3.50 o'clock this morning
when the district attorney will again
be heard in the final arguments for
the government. Judge w. F. Booth
will then charge the jury and it is ex-
pected the case will be submitted for
consideration about noon.
Final Witnesses Examined. ,.-
J. ]. Casey of Billings, Mont, was
the first witness called to testify
when the trial was resumed yester-
day morning. Mr.. Casey is named in
the Indictment as one of the parties
to whom he March issue of 1912 was
sent. This is the particular issue on
which the government has founded it's
charges. @
District Attorney Hildreth renewed
his efforts to refresh Mr.. Casey's mem
Ory as to his recollection of having
received, the particular March issue.
The witness testified that he could
not positively say one way or the 9TH
er that he had received the shipment
of this number. A transcript of Cas-
ey's testimony at the first trial Of
Jim Jam Jems in March, 1913, failed
to show where Casey had testified pos
itiyely at that time as to his receiving
the certain March issue
Exhibits Are Offered.
After the the witness had been ex.
cused from the stand, the district at
torney offered in evidence the March
issue ioft1912, as having ben deposit.
ed hefedby the defendants and sent
by express to Casey. Attorney Tracy
Bangs Tbjected to this, stating that no
foundation had been laid for it's adj
mission, and was sustained in his OBJ
lection by Judge Booth. Letters to
certain Chicago parties concerning in
dividual orders for Jim Jam Jems and
containing Crockard's signatures were
introduced. They had previously been
accepted by the court, as counting
against Crockard only. They were
now accepted generally as against
both defendants. e. ,.
stipulation is Made. i
On Thursday afternoon, about the
time the district attorney had practi-
cally completed his evidence, he NOV.
ed that a recess be taken until yester-
day morning in order to permit the
arrival of an important witness from
South Dakota whose testimony he be-
lieved would have an important bear
ing on the deposit and delivery of the
March issue of 1912 and receipt of
said issue at the Monogram Cigar
stole in the city of Aberdeen of that
state. The witness did not arrive,
and Mr.. Hildreth asked the further
indulgence Of the court and suggested
another adjournment until o'clock
yesterday afternoon. The senior coun-
sci for the defense stated that he
would like to facilitate matters and
inasmuch as the district attorney had
knowledge as to what the aforesaid
witness would testify, he believed the
matter could be stipulated. This was
done.
Moves for Directed Verdict.
The government and defense then
rested their cases. Senior counsel for
the defendants then moved for d.
rected verdict of mot guilty. on the
grounds of insufficient evidence, i'm
proper jurisdiction, and the contention
that there was no proof advanced that
the articles deposited had been writ
ten or designed for immoral use. His
move for directed verdict covered
both counts. This motion was denied.
Attorney Bangs then offered to sub
nit the case to the jury without argu-
ment, but the district attorney would
not agree. Later, and prior to his in.
troductory remarks yesterday after
noon, the senior counsel stated that
if it would please the court he desired
go the argument for the defend
ants offered jointly by himself and At
torney George Bangs. Mr.. Hildreth
did not believe this fair, inasmuch as
it was the custom of the federal court
of this circuit to bar this arrangement
in any other but homicide cases and
because of that fact that he appeared
alone in the prosecution. He added
that the task of answering to both op-
ponents would be exhaustive. The
court rn1ed in favor of the district at
tOrney. .. . ~.
District Attorney Heard.
Attorney Hildreth opened his argu-
ments to the jury at II o'clock. His
first remarks were advanced in an ef-
for. to bring to the minds of the jury
ment, the obligation resting upon
their oaths, any friendship that they
might bear towards the defendants be-
CONTINUED on Page Four.)