The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-07-12
STATE IS SUSTAINED

10
When Attorney Hoke asked the wit
ness who comprised the organization
Assistant Attorney General ]. e. Mark
ham said: ,e -
There is no possible relevancy to
this. The defense repeatedly has re-
ferred to some organization opposed to
the activities of the NOnpartisan
league. If there were dozen Of them,
it would make no difference SO far as
the indictments against TOWnley and
Gilbert are concerned" @9>
The states objection was upheld.
Mr.. Patterson was In court this aft
|ernoon waiting to be called as q witness
for the defense. +, ,S-.,. ,- ,.. I: .' z
The ruling out Of the Johnson testi'
mony brought some warm clashes be-
tween the attorneys T. V. Sullivan,
representing the league, told Prosecutor
Nicholas the defense could show that
"there is a frame up and you are IN 1t. y
SULLIVAN is STOPPED
Judge Dean stopped Sullivan by say
ing the court had been too lenient with
the lawyers and that a few arrests
probably should have been made.
Representative A. C. Welch Of Glal'
coe testified that when Townley spoke
at Glencoe, F. A. Teigen, the states
leading witness, was half block away
most of the time, soliciting Nonpartisan
league memberships.
Herman Rossow, farmer living near
Lakefield, testified that he was with
Irving Freitag, league organizer, for
some time and that he never heard
Freitag make any dlsloyal remarks.
On cross-examinatiOn, RossoW ad-
mitted that he attended what Prosecut'
ing Attorney Nicholas referred to as an
anti-draft meeting.
"Were not delegates appointed at
that meeting to attend the anti-draft
meeting held later at New Ulm?"
II don't know" the witness replied.
HAVE POLITICAL REASONS
Attorney George Hoke, chief counsel
for the defense, took the position that
the defense attempted to show that per-
haps the county authorities had po-
litical reason for bringing the prosecu-
tion against Townley and Gilbert.
'NoW if this action can be shown to
bc an action brought not in the ordi-
nary sense for the purpose OF punish
ment, but for political purposes as a
result of what would be sometimes call
ed frame up"
Judge Il. G. Dean interposed at this
roint and said: -,
"Wait a moment. Will you permit
the suggestion, Mr.. Hoke, that this law
suit is a criminal one under an indlct-
ment brought by grand jury?
Hoke replied:
Eyes, and the grand jury was OF
course influenced by Mr.. Nicholas,
the prosecuting attorney, very large
ly. He was a witness pe1ore 'he
grand jury, and they were able to
l!lear only such witnesses as ne pro.
duced. The grand Jury was misled.
when you are attacking this, In
the manner that you have, you are
attacking the motives OF the grand
jury of Jackson county," said Judge
Dean.
Il deny that, your honor" answer
ed Hoke.
Argument Gets Warm.
every well, you can have your ex-
ception," replied the court, who then
called the attention Of the attorney
for the defense to the fact that he,
Judge Dean delivered the charge to
the grand jury and that one or botn
CT the defendants, Townley and Gil
bert-were present when the charge
was read.
"The grand jury retired, deliberat.
ed and an indictment was presented
to this court and properly filed" the
Judge added. eAnd any reflection
upon the action of the grand jury as
being unwarranted and unlawful will
not be entertained by this court
When court adjourned at p. M,
the deefnse had not called any lead
ing members of the league to the
stand. It was expected that William
Lemke. a member Of the executive
committee, Of President Townley
Continued on Page Three.)