The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-08-01
CAN'T PARSE
CASE OUT OF
COURT JUDGE
AmidOn Insists That Intent and
PlrpOrt of Evidence be
Considered 5
FONTANA HIT RED CROSS
Feared American Society Would
Not Help Wounded Ger
man Prisoners

NOI 11Slp VOOuueU UeI.
man Prisoners
You cant parse this. case out of
court gentlemen Judge AmidOn this
morning advised counsel for the de-
fense after considerable argument had
been made on a motion to dismiss the
indictment against Rev. A. L. FOn-
tana of New Salem on the grounds
that none Of the witnesses for the
government had testified to the exact
words ip the indictment. I'VE are in
terested in discovering whether these
words in effect were used" contin-
ued the court. 1T is the thought con-
veyed, not the exact wording In which
the thought was garded, in which we
are interested"
The government rested at II o'clock
this morning. The defense also rest
ed, and the jury was excused while
Judge Knauff and Attorney Shaw, Of
the Defense argued their motions that
the jury be directed to return yer.
.lict for the defendant.
The defense stated that its motion
was addressed to count No. l for
the same reasons as stated in the de.
murrer previously filed, and for the
further reason that the testimony had
failed to substantiate the charges as
to count No. 1. The evidence did not
show that the defendant had wilfully
made or conveyed or caused to be con-
veyed false reports with wilful intent
to interfere with the military and nav
al operations OF the United States nor
that he had conveyed or attempted to
convey information of such movements
to the enemy, argued counsel for the
defense.
Under the second count the de,
tense argued for q directed verdict on
the grounds advanced in the demurrer
originally filed and for the additional
reasons that mo evidence has been
introduced that the. defenda Mt caused
or attempted TO cause tinsubOrdinatiOn
'lful refusal OF duty on the part
Of the military and naval forces OF
United States" 81
On the third count the same argh>
ments were advanced as In the origin
al demurrer and there were cited as
additional reasons for direct yer
dict the contention that the testt.
mony doesn't show. that the defend
ant wilfully obstructed the recruiting
r enlistment service OF the United
atates."
The defense then proceeded to an:
alyze and dissect the governments $
evidence with the avowed purpose Of
impeaching the testimony of }. l.,
Killing, cashier of the First National
bank of New Salem, and principal wit
ness for the government.
lanterman's Testimony.
The testimony of r. r. Lanterman,
L. S commissioner at Mandan before
whom Rev. Fontana's preliminary
was held, substantiated to some ex-
tent the evidence wiven by Mr.. Killing.
The U. commissioner stated that on
the stand at his preliminary hearing
Rev. Fontana stated that he would
not buy Liberty bonds for the reason
that it would be feeding the war" He
testified that Rev. FOntana also stated
at this hearing tha4 ''he was proud OF
the fight the Germans were putting
up"
Mrs. Fred Deitz, one of Rev. Fon-
tana'es parishioners, was the last wit
ness on the stand for the government.
She told of a ladies' aid society meet
ing held at Rev. Fontana's home.
where in the preesnce of Is or IL
other ladies, Rev, Fontana told her,
The testified, that he would not join
the Red Cross. as he had not salts.
fled himself as to certain writings"
Of Chairman Davidson, who, Rev:
r ontana said, testified the witness, had
written an article stating that the
American Red Cross would not extend
aid to wounded German soldiers with
in the allied lines.
Assistant Cashier Podan of Rev.
own state bank was recalled
to the stand to testify as to certain
pictures which he had seen on the
walls pf Rev. Fontana's home since
the declaration of war, but the cours
ruled that this evidence was not ad-
missable.,
1t is probable that the closing argu-
ments on both sides will be completed
this afternoon. and that the court will
charge the jury this evening or the
first thing tomorrow morning.