Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1919-06-26
ABSENT
WHEN HIS TRIAL
E0PENED TODAY
League Chief Fail. to Make
Appearance at Jackson,
Mimi, Court Thi. Morning.
&By the Associated Press,


resumed this forenoon in Jackson
county court Townley had not yet
made his appearance. He was in
Fargo yesterday, and his associates
said they understood he would leave
Fargo some time today for Jackson.
Prosecuting Attorney E. H. Mich
olas began his opening address to the
jury shortly after 9 o'clock. He
dwelt upon the legal phases of the
crime of conspiracy which is charged
against Townley and Gilbert jointly.
The indictment returned against
the two men alleges that they entered
into conspiracy to teach disloyalty.
''The crime of conspiracy means
that two or more persons have been
in unison together to commit an un-
legal act," said the attorney. "These
persons must only have to agree to
commit the offense, they do not need
to commit the act. One or more of
, them however, must commit an overt
act. Two persons, for instance,
might conspire to commit the crime
Of murder Should one of these per-
sons purchase a pistol the law would
hold that the crime of conspiracy had
been committed although the murder
had not been completed. 1t is not
necessary for the state to prove where
or when the crime of conspiracy had
been entered into"
Only few spectators were in the
court room when the case got under
way. The county attorney did not
make any reference to the actions OF
Townley at the outset of his address.
Mr.. Nicholas dwelt at length in his
opening address upon alleged activi-
ties of Townley, Gilbert and Erwin
Freitag, "a league organizer, during
the early months of the war.
1--WE intend to show that Mr..
Townley's whole attitude was oppo-
sition to the war and that the people
should not assist in the prosecution
of the war;
Nicholas said that the state would
attempt to show that Townley was
responsible for the presence of Gill
bert and Freitag in Jackson county
as we'll as for the distribution of Non
partisan league literature in which
some of the governments war policies
were questioned.
Conviction OF the defendants on
the conspiracy charge would entail a
jail sentence or a fine, or both.
Shortly before a recess was taken
Nicholas discussed the address which
Gilbert made at Lakefield, Mimi, in
January. 1918. The indictment al
leges that Gilbert, in this address,
told his audience that "men would
not invest money in United States
bonds and that the United States
soon would be bankrupt II we con-
tinue in this war"
d, Defense Motion Denied.
Jackson. MINI. June 25.-Taking
of testimony at the trial Of President
A. C. Townley of the National Nom
partisan league, and Joseph Gilbert,
former. league organizer, on an in
dictment charging conspiracy to COM
NIT sedition, was begun in district
court here this morning after Judge
E. C. Dean denied motion of defense
to dismiss the case.
Attorneys for the defense asked for
dismissal on the grounds that the in
dictment charges more than one of
tense and that the action brought by
the state usurps the power of the fed
eral government to prosecute dis
loyalty cases.
A motion of the defense to segre-
gate the witnesses was denied for the
present. .f it becomes necessary.
the witnesses will be. segregated. !"
said Judge Dean. sss y, Il,
Ole Thorson, Judge Of probate at
Lakefeld, was the first witness called
by the state. Thorson was chairman
of the federal county war board. He
testified that on January IS, 1918,
the county authorities sent letter
to Nonpartisan league headquarters
notifying the league that 1t could not
hold meetings in Jackson county.
Thorson testified that on January %,
1918, Joseph Gilbert came to Lake
field and said the county authorities
had no right to stop the meetings Of
the league and that he intended to
speak. Gilbert stated, according to
Thorson, that the Nonpartisan league