The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-08
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Of this kind were used the intent had
oeen distorted. Witnesses for the
government insisted that the state
nents were made in the nature and
with the intent noted in the indict-
nents.
u. S. District Attorney NJ. A. Hill
dreth and Assistant u. S. Attorney
'ohn Carmody prosecuted, and V. r..
Lowell Of Fargo defended. The trial
occupied two days and half, during
which fifteen witnesses We're examin-
ed. The summing up began at II
o'clock Friday forenoon and continued
S Ssn # N sssrs Sef to 'ss 3iy
Judge Wade announced he would
defer sentence a week in order that
he may make personal investigation
of Mrs. O'Hares activities in other
quarters.
Goes to Jury at O'clock.
The case of the United States YER.
sus Kate Richards O'Hare. charged
with the violation of the espionage act
~ lime Is. 1917. went to a federal
district court jury at 5 o'clock Friday
afternoon after Attorney Lowell, for
the defense, had filed eleven specific
exceptions to the charge of Judge
Wade of Iowa to the Jurors.
Mr.. L0vell took exceptions to the
courts statement. to the jury that the
charge had nothing to do with the Tot.
ems of Bowman county. leaders of
the faction which furnished all of the
witnesses for the defense; to the
courts statement that it was not in
evidence that Judge Totten's wife had
been appointed postmistress of Bow
man by the Wilson administration nor
~ any other: to the courts statement
<hat the fact that witness CHANGED
to hold political office should not
be considered by the jury in weighing
his evidence. Mr.. Lowell also took ex-
ceptions to Judge Wade's definition
Of reasonable doubt and to the hope
he expressed that any person guilty of
the charge preferred in the indictment
might be convicted.
Judge Wade before giving the case
to the jury replied to each of Attor-
ney LOvell's exceptions in order and
noted that exceptions and answers
would be included in the record.
About Mr.. Totem.
The Totten's were brought into the
Judges charge to the jury through
Attorney Lovell's effulgent praise in
his closing argument. He called upon
the jury to consider Judge Totten as
a man whom had receiver the endorse
went of the Deorle of his county, and
to regard Mrs. Totten as the represen-
tative of President Wilson at Bowman,
and appointee working hand in hand
with the administration. Judge Wade
instructed the jury to obliterate these
impressions and to remember that
nothing had been introduced in evil
dence to show that Judge Totten had
ever received the endorsement of his
county nor that Mrs. Totten was an
appOintee of President Wilson or of
any other administration. The Tottens,
he charged the jury, were not con-
cerned in the case, nor was any po-
litical issue or any feud which might
exist in Bowman.
Denounces laFoiIetc.
Worse things are said right on the
floor of congress than Mrs. O'Hare
is charged with saying-even if she
did say them,'' said Attorney Lowell in
his closing argument, which was a
rather remarkable oratoriCal effort.
Senator LaFOllette at St Paul the
other day said things which do not
believe any of the gentlemen of this
jury can approve. He said things that
did not meet my approval. If anyone
should be arrested why not LaFol-
lette? But no, the United States attor-
ney goes down into Bowman county