Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1918-03-07
CASES IN U.S..
DISTRICT COURT
Two Parties Found Guilty Of
Violating Espionage Act.

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F. Amidon doubled the bail in the
United States district court after the
jury had convicted Henry Won Bank,
president of school district No. 70 of
Cass county, for violation of the es-
pionage act in the defamation of the
Stars and Stripes.
Bail, which had been fixed at ST.
900 when he was arrested in Decem-
ber, was raised to $4,000 and prompt
ly furnished.
> A. w. Fowler, attorney for Mr.. Won
Bank, will ask new trial on the
ground that the evidence was not
sufficient to warrant his conviction.
If the motion is denied, the case
will be appealed to the circuit court
of appeals. -..-
The jury was instructed by the
court to determine whether the Ian
guage used by the, defendant in his
alleged defamation of the American
flag was made with the deliberate in
tent and purpose of causing insubor-
dination, mutiny, disloyalty, or re-
fusal of duty in the military or naval
forces of the United States. The jury.
the court said, must not find the de-
fedent guilty on the grounds of dis
loyalty, but guilty or not guilty of
the particular crime charged in the
indictment. n
The jury retired, and returned a
verdict of guilty.
Won Bank, who had admitted on
the witness stand that he had re-
marked to Miss Burt, the 17-year-old
school teacher in his district, that he
had made the statement that che
would just as soon see pair of old
trousers flying over the school house,
as the American flag" was visibly af-
fected when the verdict was an
nounced, declaring in broken Eng
lish that the verdict was unjust, and
that he was "just as loyal as any
one." Won Bank claims that the jury
and everyone else had misunder-
stood him, and that the remark had
been made in joking manner.
Attorney Hildreth, in, the closing
remarks for the prosecution, declared
that the most dangerous of all enc
mics are not those who have funds
in their hands.
Ebbens Found Guilty.
John Ebbens of Fargo was con-
victed by jury in federal court for
violation of the espionage act, and
was sentenced by Charles F.. Ami
don to serve three months in the
Cass county Jail. Ebbens was tried
on an indictment carrying three
counts. The, count on which convic-
tion was secured was for obstructing
recruiting and enlisting.
Ebbens pleaded not guilty when ar
raigned last week. The government
charged that he made statements in
the Webster hotel of Fargo, that the
United States government was not
paying it's soldiers, that money con-
tributed to the Red Cross was not 60
ing for the purpose intended, and
that the war was for Morgan and
Wall Street." In charging the jury,
the court warned the Jurors that
they should not let patriotism con-
troll them in the administration Of
Justice, but should conflne them
selves to the charges in the indict-
ment.
The John Wishek Case.
Fargo, N. D., March 6.-John H.
Wishek, banker and former candi-
date for governor of North Dakota,
Of Ashley, N. D., indicted by the fed
eral grand jury here hecently, charg-
ed with violation of the espionage
act, pleaded not guilty to the charge
in federal court Tuesday and was re-
leased upon bonds of $4,000. His
case will be brought up for trial at
the May term of the federal court in
Bismarck.
His attorney is Judge Lauder OF
Fargo.