The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-07-26

STIRRING UP GLASS AGAINST
GLASS NO CRIME IN AMERICA,
JUDGE AMID0N INFORMS JURY
U. S. District ,Jurist Declares
When Agitation Ceases Re.
forms Will End and United
States Will Enter Crustaceaa
: Stage

States Will Enter Crustaceas
Stage
]. w. BrlntOn was acquitted At
S:S0 this afternoon In federal
court after the jury which had his
case On two counts charging sedi.
tIea had dellberated three hours.
BrinteA walked Into The Tribune
office; asked for private inter.
View with the publisher, stating
that ke wished to learn certain
details as to the letter from ]. L.
Sullivan of Garrison which The
Tribune published some time xgo,
and while the publisher was en-.
gsyed In couFtesHsly texplaining
the facts surrSsndiny this matter,
BrlntOA, whsswssa standing, com.
nltted IN suaprovoked assault
apOn the publisher, whe was seat.
cd ard net In Z position to defend
himself. BriRt0ns then sfArted for
the exit. The publisher stopped
HIN and the men cllnched, but
were separated by members Of
The Tribune staff before any fur.
tier blows were struck. Brinton
was allowed to leave the office
unnOlested, stating that he ad.,
nitted himself In the wrong and
that he would give himself np ut
police station. This he failed to
DO, and warrant was issued for
his arrest. Brfnt0n was found In
the lobby Of heaMckenxie by Po.
lice Capt. Huber and was arraign.
ed before Justice CT. Bleckreid,
where he waived animation, He
was bound over to district court,
and his bond In the sum Of 500
was signed BY Edward G. Patter.
SON, proprietor Of the Mckenzie.
"A ruptured eyeball has resulted
from BrintOn's cowardly blow, and
serious consequences are feared.
The defendant isn't charged in this
indictment with stirring up class
against class. That isn't any Offense
against the law, We haven't come to
fhe time that the discussion OF evils,
though 1T does stir up class against
class, Is forbidden in the United
State and made criminal. And when
We do. then we will simply, pass into
the. .crustacean stage. We won't see
any more changes as.elong as such a
statute is in. force.
4 30. Judge C. F.sAmidon III federal
court instructed the jury to which he
consigned the case of the government
versus Job w. Brinton, general man.
ager OF the. Consumers United Stores
Co., at 1880 this afternoon. Brinton
was charged on three counts with vic.
iati0n Of the espionage act of June Is,
1917, Judge ssAnlidon dismissed the
ilrst count, charging interference with
the military and naval forces OF the
United States, on the ground that it
was not sustained by the evidence,
and the case goes to the jury on two
counts, charging an attempt to cause
characterization oramutinys and an at
tempt to interfere with the recruiting
and enlistment service of the United
States army and navy.
He referred especially to District
Attorney Hildreth's closing argument,
in which he made a ringing appeal to
the jurors to back up their country
and the president and the national ad-
and, to come back from
their deliberations with consciousness
OF duty we'll done. Hildreth scored
the arraying Of class against class;
the preaching OF class hatred and the
rousing Of class prejudice, which he
declared tended to handicap the gov
ernment in the successful prosecution
Of the war. He commented on the
fact that B'rinton had failed in his
Garrison to make any reference to
Americas glorious achievements in
the past.
'Hew to the line and let the chips
fall where they may quoted the dis
trtct attorney in conclusion. Let us
retire from this trial with the con-
sci0usness that whether as jurors, ad-
vocates or citizens we have done our
duty in enforcing the laws of our coun-
try"
/. Judge Amidon's charge to the jury
consumed about an hour In part. he
said:
The Judges Charge.
Gentlemen >Of the jury: You have
heard almost everything argued ex-
cept the issues in this lawsuit Now,
want to see if can take your mind
back to the simple question which you
are here to determine. You may think
that when you bring in verdict in
this case you are passing on whether
Brinton at Garrison made a good, eco.
n0mic discussion or not; whether he
divided his time between pa
tri0tism and the discussion of the
stores whose establishment he was
here to promote. but your verdict
really won't respond to- any of these
things. You cannot vote in this case
On these questions at all. The only
question you can vote on when you
get to your jury room is this: is the
defendant guilty of the crime that
he is charged with in the indict-
Ment?' or is he not guilty of that
;rime?' This is the only issue that is
submitted to you and entertain the
yravest doubts from the argument
hat has been made whether you can
.etch your mind to that question or
not.
Class Agitation Endorsed.
Take for example the argument
hat has just closed. The head and
all of his argument was that Brin-
.on attempted to array class against
class. have been on this earth quite
! spell myself, and l never have
Known, of any great reform being car