The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1919-08-01
FRIDAY, AUeusT !, 1918.

league on a charge pt having obtain.
cd money under false pretenses. When
the case was called In court, next
morning, the testimony says, the
charge was dismissed by the presid,
ing Judge and Teigen set At liberty.
Nonpartisan Leader-'"The surpris-
ing fact, and the one really proving
the fiimsy character Of the states
case, is that three jurors out Of
panel selected for its anti league bias
the defendants innocent and voted
Tor their innocence. until oyerborne
by the majority"
The first ballot of the jury was
ten for conviction with two votes
blank. The second ballot was unani-
nous for conviction Press reports
sent out at the time that the Jury
stood 8 to were in error.
Nonpartisan Leader-"The crown
ing injustice Of the whole burlesque
was Judge Deans denial of Mr..
Townley's constitutional right to ad-
dress the jury in his own behalf."
Why TownIey Was Refused Speech
There is no such constitutional
provision in Minnesota, and the re-
cord shows that the state objected to
Townley speaking on the ground that
the two defendants, having been
jointly indicted and jointly tried, any
argument made on behalf Of one must
and that Townley, not being a lawyer,
had no right to plead the cause of
Gilbert
The prosecuting attorney further
pointed out to the court that Mime
sofa is virtually the only state in the
union where a defendant is accorded
the closing argument, and that in this
case Townleys not having taken the
stand in his own behalf, not having
been subjected to cross examination,
and not being under oath, 1t would be
manifestly unfair to the state to per-
NIT him to explain to the jury what
he meant by the language which the
state testified he used on the various
occasions in question. go
Citing English Authority,
The court then asked counsel to
produce authorities on the question
and Mr.. Hoke cited an English case
which, he said, was the only authori-
ty he could find. He read it to the
court This case held that where
defendant appeared with counsel he
had no right to argue the case him.
were conducted by counsel the argu-
mcnt also must be made by counsel.
After listening to the reading Of
this case by Attorney Hoke the court
ruled that Mr.. Townley was not en-
titled to address the jury in his own
behalf
Nonpartisan Leader-"The court
strenuously insisted on defaulting the
defendants bond of $1,000"
The county attorney asked for for
fixture of Mr.. Townley's bond. but
the court did not grant the request
and Mr. Townley absented himself
from the trial until the fourth day.
On the following Monday he asked
for and received permission of the
court again Iftp absent I. himself to
make a Nonpartisan speech in Martin
county. e.s -
Another False Charge.
Nonpaytisan Leader-The jury
venire of LA names was hmdpicked
by the hostile board of commission
ers of Jackson county, who did their
work so well that, not single Nom
partisan leagues was :. on the entire
list" ss,r ,tsIi.
An examination of the list discloses
the fact that some thirty men known
as Nonpartisan league members ap-
pear upon It, A former Nonpartisan
league organizer was examined as
Juror and challenged
by the state.
Devils Lake journal. Nonpartisan
instructions Of the
court, verdict Of guilty, was rem
dered." 80. a9s
The Judge gave the, jury the usual
charge in such cases and the record
discloses that he instructed the mem
bers to weight and consider the tes-
timony an decide whether the Ian
guage said to have been used by the
naturally an reasonably
violation Of Chapter
1853, Minnesota laws of 1917, and
whether the defendants conspired to
teach disloyalty by tho use OF such
language. so