The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1919-11-21

The case Of the state of Montana
VS.. John H. Zook was called for trial
November 18th. In the case the de-
fendant, Mr.. Zook, was charged with
the crime of sedition, alleged to have
been committed in April, 1918. Mr..
Zook is farmer living in the vicinity
of Glentana and Richland. C. D. Bor-
ton, county attorney, appeared as coun-
sci for the state, and the defendant
was represented by Col. C. B. Nolan of
Helena, and Messrs. Goodrich & Rob-
erts Of this city. Saturday was taken
up with the impaneling of the jury,
and Monday the. evidence was introdu-
ced and arguments made to the jury
and the case went to the jury Monday
evening. After being out for about
an hour the jury returned into court
with verdict of not guilty.
Tuesday, November 18, at 9:30, the
case of the state of Montana VS.. D. F.
McGregor was called for trial. In this
case the defendant was charged with
the crime of disturbing an election at
the general election of 1918. The
state was represented by Otto F.
Gerth, assistant attorney general, of
Helena, and G. D. Borton, county at
torney. The defendant was represented
by Messrs. Slattery & Kline of this
city.
On the calling of the case Messrs.
Slattery & Kline made motion to dis
b miss the case on the ground that the
defendant had not been brought to
trial within the six months period, as
provided by law. Mr.. Gerth stated
that he had no knowledge of this case
prior to the month Of August so he
was not in a position to show any rea-
son why it had not been tried before
this time. On the statement of the
state that they could not show any
&C I'd cause why this case had not been
brought to trial within the six months
period, as prescribed by the statute,
the court granted the motion for dis
missal, discharged the defendant from
custody and exonerated his bail. Mr..
McGregor resides in the vicinity of
Baylor and was member of the cleo
tion board in 1918, when it is alleged
this crime was committed.
November 18th, at II a. m., the
case of the state VS.. w. B. Shoemaker,
Carl Alderman, John Gritz and Sid
ney j. Rumble was called. This was a
case in which an indictment was re-
turned by the grand jury against the
above named defendants, charging
them with the crime of conspiracy, al
legged to have been committed in con-
nection with the general election of
1918, in the matter of procuring, or
conspiring to procure, certain persons
to vote under the absent voters law.
At the time the crime is alleged to
have been committed w. B. Shoemaker
was clerk and recorder of Valley coun-
ty and John Gritz was deputy clerk
and recorder. Carl Alderman was,
and is, manager Of the Glasgow Drug
company of this city, and S. J. Run
die is engaged in the real estate busi-
ness here.
In this case the state was represent
ed by Otto F. Gerth, assistant attorney
general, Of Helena, and C. D. Borton,
county attorney, and the defendants
were represented by Messrs. Hurd &
McKellar and A. o. Hallett of Glas-
gov. A jury was impaneled and the
state called c. w. Kampfer as the
first witness. The defendants interpos-
ed an objection to the introduction of
any evidence on behalf of the state on
the indictment in this case on the
ground that said Indictment did not
state facts sufficient to constitute
crime of public offense under the laws
of the state of Montanar and asked
that the case be dismissed, which OBJ
lection and motion was by the court
over-ruled and denied. The state then
introduced its evidence and rested it's
case just before the noon recess We'd
nesday. After court convened the de-
PENDANTS moved the court to dismiss
the indictment and proceedings on the
ground that there was a total failure
on the part of the state to prove or es-
tablish any material or essential allie
cations of the indictment, no evidence
to prove a cons piracy of any kind or
character, and that the indictment fail
ed to set forth facts sufficient to con-
stitute crime or public offense un-