The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-12-14

Jurisdiction. The defense's conteri
ton that Judge Nuessle should no
have recognized the states afiioayi
OF prejudice against himself, mas
much as the state has no power
file such affidavit, this privilege be
ing reserved to the defense, was sus
taincd bv Judge Corey In a decisl0
announced during the morning. F.
held with the defense that any lac
of discretion which may have nea
shown by Judge Nuessle in rcmoVlm
himself from the case az the requea
OF the state still did not AFFECT tn
inrisdiction of the court; and tina
Judge Nuessle or any ether 1urist
anv time and in any case had a per
feet right under the law to call in
brother Judge to sit for him.
THE attorney generals ONCE
seeking to dictate not unto this conr
but to the entire district" said At
torney Thorp. "As powerful as tn
attorney general is. he isn't bigee
than the legislature. and the legisla
ture has wisely conferred certain
discretionary powers on the courts.
Juror Protests.
Ed. Adams, a pioneer Burleigl
county citizen who is member
the present jury panel. arose follow
ing Judge Coffey's decision and ask
ed that the court give. the veniremei
the protection of thorough investt
CATION of the charges Of bribery pre-
ferred by the state.
I'VE have young men in this pane
whose future is before them, and W.
have old men who have lived al
their lives nearly here among US
Their reputation is valuable to them
and they should be protected from
unwarranted attack
Judge Corey PROMISED that tn,
matter would receive very careful
consideration from the court.
Bad Faith.
Each side charged the other with
bad faith in the arguments on this
states contention that Judge Coffey
whether he would or no, had nj
right in the case, and that the case
had no right in Burleigh county. At
torney Thorp declared he was pres
emit in Judge Nuessle's chamber
when Attorney General LANCER stated
that he wanted change of venue
from the county but not from the
district, because he wanted Judge
Nuessle to try the case. ''Langei
said there that Judge Nuessle wai
his choice among all the judges ID
North Dakota, because he was un.
prejudiced and fair. That was be.
fore dinner. After dinner. Brennan
as he arose to make a motion fol
adjournment until this morning
threw across the table to me an aft,
davit Of prejudice. / could not but
regard that as a threat that liz tht
court did not grant the states re.
quest for an adjournment, an affl'
davit of prejudice would be filed, an6
for that reason we did not oppose
the motion. The judge, after seeking
and hour and half for some way OF
accommodating the state, found hS
could not accommodate the state
which then Haunted an affidavit OF
prejudice in the face of a Judge whom
General LANCER, only three hours be.
fore, had voluntarily declared his
choice of all the judges in North Da-
kota because he was unprejudiced.
I'VE are ready to try this case and
have been ready for a week. The
state doesn't want to get to trial on
this case"
Brennan charged a violation OF
confidence on the part OF counsel for
the defense, and then made his
allegation that a pot had been raised
in Bismarck to influence someone
who was to be connected with the
trial of the case. He did not name
the men whom this money was to
reach" but stated that Attorney
General LANCER had positive informa-
ton that someone was to be paid
something.