The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-14
STATE LOSES THIRD TIME
Continued From Page One.)

sire to hold this case over until the
primaries in June are near"
Attorney General Brennan referred
to ThOrp's attack on the attorney gen
eral as bitter and unjust and declared
it one more evidence that the state
could not obtain justice in Burleigh
county, 80 great is the public indig
nation against the attorney general in
Bismarck and throughout Eurleigh
county,"
After a long day Of heated ar.
guments in which charges of brib.
cry against the defense in coIIus.
ion with certain unnamed Bis.
marck men were made by the
state and when counsel frequent
Iy came to the point Of blows, the
Hall case Thursday evening had
regained the exact stage in which
it was left last Monday, when the
state made its first motion for a
change Of venue.
Attached to Judge Nuesse's letter,
as it appeared in The Bismarck Trib-
une, was an affidavit from Attorney
General LANCER in which he stated
he had investigated all of the pris.
oners held for trial in the county Jail
at the time the petitions were circulat-
ed and he finds that none of them was
Of sufficient prominence to warrant
his friends calling for grand jury.
Therefore, stated Mr.. Brennan, the
only logical conclusion to be derived
from Judge Nuessle's letter is that
the grand jury was called for by
friends of Thomas Hall with view to
clearing him of the charge which the
state had preferred
Challenged by G.. w. Thorp, of
Jamestown, of counsel for the defense,
Assistant Attorney General Brennan
admitted that this conclusion was not
stated under oath in Mr.. Langer's af-
fidavit, but he insisted it was a fair
conclusion under the circumstances
and that the jury, which had been
RECALLED throughout a long day by dis
cussions occasionally verging upon in
vitations to 60 outside and fight it
out, had right to hear it.
Judge James A. Coffey, of James
town, who already had 0ver-ruled the
state when it questioned his jurisdic-
ton, did not seem greatly impressed
with the grand jury incident as a
proof OF prejudice in Burleigh county
against the state. The fact that a
juror has read newspaper article
does not disqualify him under rulings
of the North Dakota supreme court,
the Judge stated.
$50 far as the fact of mans hav-
ing friends in the county in which he
lives is concerned, any man is en-
titled to friends, so long as he has
justified their friendship, and provided
these friends do not illegally exercise
themselves in his behalf. There is
nothing in this affidavit 20 prove that
Mr.. Halls friends have been illegally
active in his behalf, nor is there any
thing to indicate that he has any more
friends in Burleigh county than he has
in any other county in North Dakota.
1t is reasonable to suppose that Mr..
Hail. having been elected to public
office repeatedly, as he has, has per-
sonal friends in every county in the
state to whom the same thing would
apply. ...
Retains His Seat.
In the face of repeated assaults
from the state, Judge Coffey stoically
declined to rule himself off the bench
on the grounds of lack of jurisdiction.
Inc license contention that Judge
Nuessle should not have recognized
the states affidavit of prejudice
against himself, inasmuch as the state
has no power to file such affidavit,
this privilege being reserved to the
defense, was sustained by Judge Cot
fey in a decision announced during the
morning He told with the defense
that any lack of discretion which may
have been shown by Judge Nuessle in
removing himself from the case at
the request of the state still did not
affect the jurisdiction of the court;
and that Judge Nuessle or any other
jurist at any time and in any case
had perfect right under the law to
call in brother Judge to sit for him.
1.-The attorney generals office is
seeking to dictate not onto this court
but to the entire district" said At
torney Thorp. AS powerful as the at.
torney general is, he isn't bigger than
tn Legislature. and the legislature has
wisely conferred certain discretionary
powers on the courts.
Hall Against Jury.
Affidavits were submitted by the
defense this morning in opposition to
the states motion for change Of
venue. citing as grounds the petitions
recently circulated calling for a
grand jury, which Attorney LANCER
cOntcnded was to whitewash Hall. Ali
OF these affidavits tended to prove
that the purposes for which a grand
jury was desired by 800 Burleigh coun-
ty and Bismarck citizens whose names
appeared on the petitions filed with
Judge Nuessle the last of November
had to do with alleged irregularities
in connection with paving in district
No. / in Bismarck. At least two of
the affidavits quoted Secretary OF
State Hall as personally opposed to
a grand jury embarrassing.
w. II. Stutsman, attorney for Hall
quotes from a letter received from
the latter November 90, as follows:
"A grand jury planned by some OF
the city folks failed because they did
not file the petition in time. I am
just as we'll satisfied that no grano
jury passed on my case. If they fail
ed to indict me, it would be taken as
whitewash, and l want to come
through with clean skirts, or not a
all