The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-04
RECORD BATTLE
THROWS LIGHT
ON ACTION BY THE
FEDERAL JURY
Judge Amidon Hears Argu-
ments on McInerny's
Claim to Co. Books
.HILDRETH INSISTS
RECORDS ARE NEEDED
Say They Will be Required
In Later Trials-Bangs
Outlines Plans
INDICTMENTS HINTEp BY
u. s. DISTRICT ATTORNEY.

INDICTMENTS HiNTED BY
U. s. DISTRICT ATTORNEY.
That the federal grand jury,
recently in session here, return
ed indictments against officials
Of the East Grand Forks Brew
ina Co, was indicated in the fed
eral court this morning when
United States District Attorney
Hildreth told Judge Amidon that
he desired to retain records Of
the corporation 70 be used in
trials that would come up later.
The brewing eonpanys opera. .
grand jury, but no announce.
Tnent had been previously made
by the district attorney of the
result.
indictments intimated by the
district 3 attorney during his
argument this morning would be
directed against all officers Of
the company. Officers and
stockholders Of the company are
MIR. Mcinerny and his wife; Mrs.
Mary White, and J. NJ. O'keefe.
Whether the books, records and
documents seized by Polk county,
AIinn. officials in the raid at East
Grand Forks on July q. are the
personal property of John II. Nc
Inerny or of the corporation known
as the East Grand Forks brewery
will be the ground on which Judge
Amidon OF the federal court may de-
eide the order made returnable be-
fore today why the books should not
be returned to McInerny.
After arguments lasting all morn
ing, the court decided at the noon
hour that the books, records and
documents should be brought into
the courtroom for the purpose OF
identifying them. Atty. George A.
Bangs of Grand Forks. representing
John II. McInerny,et. al, stated al
the noon recess that he would place
Mr.. McInerny on the stand this aft
ernoon to have him make the
Identification of the material which
belonged to him, and which he hopes
to take from the federal officials.
A One Man Institution.
Atty. George Bangs in opening the
arguments declared 70 the court that
McInerny owned all the material. or
rather the stock, and had rented 2
stock or store GROOM in which he kept
the material brought in by the farm
ers, and for which contract slips
were issued.
These contracts" said the attor-
ney to the court, made Mr. Nc
Inerny agent to purchase these ma
teriaIs from himself or any one else,
he taking the title of agent in the
name OF his principal These con-
tracts were aggregated and when
there was a sufficient number ac-
curnulated a single brew was made. 2
According to the counsel for Mr..
McInerny, when this was done, Nc
Inerny or one Of his employees would
20 to the warehouse and measure
out the amount necessary for the
brew and deliver 1t to an employe
OF the brewery company, Attorney
Bangs said was a separate institu-
ton from McInerny's office.
The brewery, which was under
an agreement with Mr.. McInerny,"
said Attorney Bangs, would return
the beer, and the brewing company
was paid for its work by McInerny
on behalf Of the principals, for whom
he acted as their agent
Brews Given Separate Number.
United States District Attorney
M Al. Hildreth argued during the
early part Of the morning that the
East Grand Forks brewery was a
and that the federal
courts having obtained jurisdiction
over the books, are entitled TO keep
them. He said that the matter was
under federal jurisdiction because
shipments had been of an inter-
state nature. He denied a
statement published in a Fargo
however, that said feder-
Al ofTicia1s acted in cooperation with
the state officials in making the raid.
He stated that Sheriff Kelly Of Polk
county, brought the records, books
and documents to Fargo, and that
no formal subpoena from his Office
had ever been issued for them.
One of the facts in connection with
the hearing was the question asked
By the court whether the seizure OF
The papers was made at the same
time as the arrest Of McInerny and
whether he was arrested in the same
place as where the papers were kept
Attorney Bangs said that the seiz-
1re and arrests were made at the
same time. Attorney Hildreth argu-
"a that the books were part of
which operated in violation
81 the bone-dry law, and that the
federal authorities were outlined TO
them for evidence 70 be submitted Ia
Ehe case which. win be tried later.