Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-01-11
HEARING WAS
EA|RCE, BANGS s.
TELLS COURT } /.
- N'ENN *rSfNN SID A3TIft IIassN3 PA - 4 {
McInerneys Counsel Claims
Client Deprived Of Con
stitutional Rights.

EaH ~ -. HaaHaGN. HfLLN NNafst EirEE-
IN the district, court. before Judge
Charles n. Cooley. Attorney Geo.. A,
RANEs this morning characterized the
preliminary proceedings against his
client, John Il. McInerney, charged
With bookkeeping and with conspiracy
To commit the crime of Bookkeeping,
as illegal and larcical.
Mr.. Bangs ,N1s arguing before I the
court In support Of his motion g! have
erney set aside. Geo. r.: Robbins, the
associate Of Mr.. Bangs, was In court,
Is were also Assistant Attorneys Gem
eral Dan v: Brennan and H. A. Bron-
son representing the prosecution
which has been instituted by Attorney
General William LANCER.
Says Hearing Was No Hearing.
In h course of his argument Mr..
Bangs, asserted that the so-called
hearing held before JUS
tice of the Peace Phil Mclaughlin in
August, 1917, was in reality no pre-
linlinary hearing whatever it may
have been in form.
This assertion vas based on the
claim that the prosecution made it
for the defendant to in
testimony.
For, the purpose of making it clear
why the. motion to luash INDICTMENT
was filed, Mr.. Bangs described in de-
tail all the various steps leading up
to the present case at bar. and, dwe,,
with emphasis on the raid on the
night of July %, at the apparent in
stigation of the North Dakota Law
league.
Special Correspondent Again.
Mr.. Bangs read from the records of
the preliminary hearing pan of the
of +. l.. Watkins. superin-
the effect that on the night of the
raid the league officers and legal rep
of the state, were &C
companied by a special correspondent
of the Fargo Daily Courier-News. On
that occasion Mr.. Watkins also had
that several hundred copies
of an. edition of: that paper we're
sent to this city and distributed from
the Office of Mr.. Bronson. The spe-
cial edition contained. it was said. a
report of the raid which had taken
place the night before.
Character1ins the Seizure.
In describing he act of selling the
records, papers. and books of the East
Grand Forks Brewing company and
John H. Mclnerney. Mr.. Bangs said
NA4dl lAS SCa6NlS was AhtdlO MSACSIAOa
the search warrant issued was legal
or not. because that warrant was not
utilized.
Furthermore, MI. Bangs said, the
seizure in Minnesota was not made
by. the. minnesota authorities lttttt, by
men. from North Dakota and that it
appeared from testimony given by
Sheriff Kelly of Polk county in the
recent federal trial of h conspiracy
case against MIR. 1~McinerlreS, ,l,a. ~
sheriff was used merely a 2 a stool
pigeon or a sort of catspaTv."
The burden of Mr.. Bangs argu-
ment was that the prosecution con-
sistently had deprived the defendant
of the constitutional rights to defend
himself; the prosecution had withheld
all the records and papers upon which
the defendant was to prepare his case,
and every attempt to o the ma
terial for the purpose cof defense. had
been frustrated by, the. unceasing ef-
forts of the prosecution:
For this reason, Mr.. Bangs claimed,
all the proceedings so far had been
invalid and had caused his client to
be paced in the position where he
was unable to defend himself, thus
violating the constitution Of nation
and state which prescribes that a de-
PENDANT has the right to appear I'M
shackled before the court and to
avail himself of every opportunity to
defend himself.
At 2 o'clock this afternoon Mr..
Bangs continued his, argument. and il
is possible that: the. greater, part. Of
the. afternoon. will he taken up tby il.
When Mr.. Bangs. finishes, either.'' Mr..
Bronson or Mr.. Brennan will offer
counter arguments and oppose the
u~ar<Snr oF tho vAI,tior 70 cnr ouido
the Information upon which arraign-
ment has been based.
The mai step in the proceedings
before Judge Cooley. announces his
decision will be closing arguments by
Mr.. Bangs. after which the court will
take the matter under advisement.
Grand Jury Did Not 1ndict.
The Polk county grand jury, which
adjourned at .Crookston yesterday
afternoon, failed to indict Mr.. NC
-InerneN and the East Grand Forks
Brewing. company, who, were Enlarged
with having violated the option, Jaw
of Polk county. ~. =, -.
time County Attorney .Youngquist al
Crookston had indicated his willing
it was supposed that this attitude was
dictated by the presumption that the
material gathered did not justify &C,
eve; ver 0e that the Folk county spSs's attorney ,ue
had reconsidered the matter and
thought it his duty az q prosecuting
officer to present the case to the grand
jury.
Before the case came before tbs
grand jury Mr.. McInerney had pub.
licly explained his attitude Of himself
and the brewery. toward the operation
,aof h county OBSERVATION-DISCLOSURES rIsI
- 4isc -rTT-En ~ .t
SEATTLE MAYOR AND :