The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-07-14

lot be sentenced until September
been granted by District Judge
were convicted under a Minnesota
lied two or three weeks, attracted
The defense asserted that speeches
! meetings in Minnesota, early in 1918,
were not disloyal in their Differences
to the government and prosecution Of
the war. These speeches were made
the basis of the indictment together
! with circulation of the Nonpartisan
leagues so-called war program, over
ToWnley's signature.
Conspiracy Charged.
During the three weeks of the trial
the defense has made repeated
charges that the case is an out
growth of efforts to injure the Non
partisan league. Testimony along
this line, and also testimony by Rep
resentative John M. Baer, and North
Dakota state officials concerning the
loyalty of Townley and the league,
was excluded by Judge E. G. Dean.
The jurors announced that they
took two ballots. The first was nine
to three for conviction. The second
was unanimous for conviction.
After receiving the verdict, Town
ley made the following statement:
Judges and lawyers may quib-
BILE but in the court Of public
opinion the common sense Of the
people will never approve rul-
ing that says man may merely
deny he is disloyaI and is forbid
den to prove by constructive tes-
timony that he is loyal" .r
Judge E. C. Dean granted stay OF.
sentence until September Is to per-
NIT the preparation of the court rec
ord and the making of motions for
new trial. ..4
TownIey Request Denied. q
When Prosecutor E. H. Nichols
completed his argument shortly be.
fore o'clock tonight in the case Of
A. c. Townley and Joseph Gilbert,
charged with conspiracy to teach dis
loyalty, Townley made a personal
plea to the court that he be permit
ted to argue his own case to the
jury. -
Townley, standing in q crowded
court room told the Judge that he had
dismissed his attorneys, that the CO..
defendant Gilbert had waived the
right Of further representation by
counsel and that Townley asked for
the privilege of speaking on the
ground that he felt the Nonpartisan
league was on trial.
Prosecutor Nicholas spoke nearly
four hours before the closed his ad-
dress to the jury. He charged that
the state had proved its conspiracy
charge against the two Nonpartisan
league leaders through the testimony
of witnesses who heard various
speeches made by the defendants
through evidence in the form Of
league literature and through the
testimony of the states leading wit
nesses, one of whom was F. A. Tel
gen, a former member of the league,
who declared that Townley told him
in 1917, 1--WE are against this war;
but can't afford to advertise it,"
TownIey Before Court.
A moment after Nicholas closed his
argument, Townley stepped before
the court, the president of the Non
partisan league, an organ cation
which Townley said has more than
100000 members, had taken off his
coat, his suspenders snapped as he
stretched his long arms and began
speaking. Scores of women were In
the crowd which jammed the court
room.
"Your honor" he said, II have
discharged my counsel, have come
to the conclusion that from this
point of the case, want to say that
l have every confidence in the ability
of the men who have been repre-
senting me- But I feel that l and the
organization are on trial and feel
that l can handle this case better
than my attorneys. l do not know
what Mr.. Gilbert is going to do about
it; do not know whether he Is 60
ing to be heard thru his attorneys"
Gilbert Valves Right.
AT this point George Hoke, who
has been counsel for the defendants
announced that Gilbert waived his
right to be represented by counsel.
Il ask your honor" said Town
ley, that may be permitted to make
my own plea to the jury. I am very
anxious to do this. The attitude Of
more than 250,0O0 farmers and mil
lion of people throughout this north
west will depend upon the decision
of the jury and I again ask that
may be permitted to make the -ad-
dress in my behalf.
Judge Dean pointed out to
TOWnley that a conspiracy In
which the law holds that the
two defendants, if found guilty,
would be considered equally guilty.
The court questioned whether tho law
would permit one of the defendants
to try his own case in an action of
this kind, without legally represent
ing the other defendant. Townley is
not lawyer. m....
The application of common sense
written into words and applied to the
rules of life is law. your honor said
the Nonpartisan league chieftasn
Colbert has quit, suppose he would
decide to plead guilty? ':ould that
mean that 1 am guilty I feel that
| am innocent and l ask for the right
to make my own plea"
Assistant ttorney General Marham
objected, holding that the court could
not properly grant the defendants re-
quest Judge Dean then asked the
Continued on Page Stx.)- -