Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-02-05
STATE WANTS
CASES TRIED
! OUTSIDE C.F
Attorney General Makes
] Motion to Change Place Of
I McInerney Trials.

4 That there were 1900 East Grand
Forks brewery contract, holders in the
city Of Grand Forks last summer.
and that there we're cast about 1000
Votes at the last general election in
this city; that there were 1900 con-
tract holders in the county and about
ALSO Votes cast at the last election,
are facts which have been set forth,
without comments and without n
attemptaatl making deductions, in an
afidavit presented to District Judge
Charles M. Cooley yesterday by the
attorney general of this state and his
assistants, who made a motion that a
change of place of trial and trial judge
be granted for the further disposition
OF the twenty mine cases still pending
against John H. McInerney.
The joint af1davit is signed by Will
Ham Langer,eattorney general, and by
the assistant attorneys general. H.. A..
Bronson and d. v. Brennan. as we'll
is by States Attorney Thee. b. Elton.
In addition, there are separate atfi-
davits signed by G.. w. Finwall and +.
i. Watkins, and all the documents
unite in praying the court that the
coming trialA take place outside
Grand Forks county because not only
the judge but also the citizens of this
county are sc prejudiced. the atfi-
davits say. and so biased and unfair
that it will be impossible to obtain an
Impartial and just trial here. A sup
porting affidavit was filed today by
r. B. Griffith, president of the Law
Enforcement league.
No Decision Yet.
Judge Cooley said today hat he had
taken the motion under Amusement
and would not render any decision for
several days.
In regard to the legality of bringing
motion of this nature on behalf of
fhe state before the judge who has
presided over one of the cases in
Yolved in the application, it was
Dointed out today that such action had
been held unconstitutional in. a South
Dakota court where it was said that
criminal actions could not be tried out
N the county without the consent of
the accused.
/ On the other hand. it has been held
in this state, notably in the Barry
~nlurder,case at Langdon, that it would
be constitutional to change jurisdic-
ton without the consent of the ac-
Gused, so what the outcome will be in
this particular action is problematical.
Publicity Was Prcjudicial.
In a great many places in the joint
affidavit occur references to the pub
Ncity given the various steps in the
McInerney cases. and that the inter-
AstS Of the state V been prejudiced
by this publicity is stated repeatedly.
The fact that original publicity was
given in an out of town paper was not
mentioned in the application as being
prejudicial despite the fact that extra
copies admittedly were sold in his
community, but the publicity given in
The Grand Forks Daily Herald is said
to be responsible for the biased min
Of the citizens of Grand Forks county.
One circumstance to which refer
ance is made in connection with Gre
ating prejudice in the minds of the
local citizens, was the brief mention
in The Herald of the approximate ex-
sPense to which the county had been
put by eason of the prolonged Nc
1nerney trial in January.
x The allegedly unpleasant and harm
ful publicity given to the McInerney
cases by The Herald is mentioned as
n of the prime causes of the biased
condition OF mind which prevails
among the citizens in Grand Forks
county. In addition thereto, it is re-
cited that h owners and manager of
the East Grand Forks brewery were
so well known and so prominent in
this city that a fair trial cannot be
had in this community.
What Counsel Says. ="
Geo. A. Bangs, counsel for Nc
1nerney, said when asked for an inter-
view regarding the new phase of the
cases:
mo fewer than AZ jurors from he
state at large, from Polk county.
Minnesota, and from Grand Forks
county, have unanimously declared
Mr.. McInerney innocent. Twelve Of
these men were in the federal court
IN November, 1917, % were in the
Polk county grand jury in January,
1918, and IL were Grand Fork coun-
~ citizens who returned their verdict
q few days ago The cas- in the fed
eral court was tried before Judge
Charles +. Amidon and in the state
court before Judge Charles NJ. Coo
ley. 1t really is preposterous to think
that either of these judges were bias
ed OF unfair to the state.
The Aggregate Penalty
The, buildings and real estate of
the brewery are sold; %$125,00O worth
OF property was practically destroyed;
1T sold for $500 last October, and
all Of the manufactured product was
u into the river, while Mr.. McIner-
sney has bee compelled to take his
wife away for medical treatment be-