The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-10
STATE CHARGES
BURLE|CH WITH
FAV0R|NC HALL
Moves for Change of Venue On
Ground Community Knows Too
Much About Case
DEFENSE QUESTIONED
COURTS JURISDICTION
Urged That Failure to Call Grand
Jury has Removed Matter
From Nuessle's 8 Hands
DEFENSE QUESTIONED
COURTS JURISDICTION

The state late this afternoon
filed an affidavit Of prejudice
against Judge W. 1. Nuessie OF
the District court. Judge Nuessie
then announced he would call
Judge J. A. coffey Of jamestown
and the case would open Tuesday
morning at 9 o'clock as scheduled.
Holding that the burden OF proof of
prejudice was on the side of the party
making the motion for change of
venue, and that such proof had not
been established, Judge w. L. Nuessle
this afternoon denied the states mo.
tiOn for change of venue in the Hall
case. So.
Attorney w. H. Stutsman, represent.
ing Secretary of State Hall, in an
affidavit in opposition to change of
venue said: "Affiant has read all the
articles touching upon preliminary
hearing and the prosecution Of this
action, appearing in the Bismarck
Tribune, and in his opinion none of
the said articles is in anywise unfair
to the state, or misrepresents any Of
the facts or evidence produced in the
preliminary hearing; but the same
had been a fair and impartial resume
of said proceedings, and has not in
fluenced the people OF Burleigh county
against the state" a.
Attorney Stutsman laid special
stress upon the fact that all of the
evidence introduced at the prelimin-
ary hearing was on the side OF the
prosecution; that no evidence was pre-
sented by the defense and that the de-
fendant did not take the stand and
that the publication Of the states eyi-
dence upon the; strength of which the
defendant was held could not we'll be
held to- prejudice the states case. He
further ,argWedf that, any condition ex-
listing in Burleigh lcOunty with regard
to friendship, for Thomas hall would
be found to prevail in any other coun
ty in Narth ,DakQta.baaHo1g as" e''' y
Following the denial sof its motion
for a change of venue, the state moved
for a continuance until Wednesday
morning, advising that both the at
torney general and his assistant had
considerable business in supreme
court. Judge Nuessle ordered a IT,
minute recess that he might learn
from States Attorney McCurdy wheth-
er there was any case which could be
advanced on the calendar to. fill the
void. Judge Nuessle announced its op-
position to a continuance unless other
grist could be found to keep the court
occupied.
Because Attorney General LANCER
and Assistant Attorney General Bren-
nan find that most everybody in Bur-
leigh county reads the Bismarck Trib-
une. and because the Bismarck Trib-
une carried very full and complete re-
ports of the preliminary hearing OF
Secretary of State Hall, the state, up
on the arraignment of Mr.. Hall on
charge of embezzlement this morning,
submitted to Judge W. l.. Nuessle IN
affidavit in which it expressed its be-
lief that the state could not get fair
and impa artial trial in Burleigh county
and demanded a change of venue
1--WE have reason to believe that the
people of Bismarck and Burleigh :oun-
ty are so prejudiced against the state
as to trevent the state from getting
a fair and impartial trial. said the
attorney general and his assistant IN
their afidavit. They referred to the
constant publicity which has been
given the arrest of the secretary or
state and to subsequent proceedings,
"especially The Bismarck Tribune,
paper of large circulation in Burleigh
county, has given wide publicity to
the hearing, with facts and figures IN
minute detail from day to day." The
state felt that because OF this fact
there could not be obtained jury in
Burleigh county which had not al
readv formed an opinion.
The state commented upon secre-
tarv of state Halls long residence in
bismarck and the many expressions
upon the question of his guilt or IN
nocence which It alleged had been
made since his arrest. The court up
on request of Attorney W. Il. SUITS
man. for the defense, adjourned court
until o'clock this afternoon. IN order
that the defense might submit al.
1Continued on Page Three)