Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-07-04
DEAN TO I GIVE
DECISION in
TRIAL MONDAY
Will Answer Hoke's Plea for
Dismissal Of Case Against
Nonpartisan
OPPOSING CoUNsELs
IN VERBAL Tits
Argument Based on Acquit-
tai Of Mills on Sedition
Charge.

jackson, Minn., July s.-A. c..
Dean, trial Judge In the case Of the
state against A. G. Townley, president.
and Joseph Gilbert, an organizer of
the National Nonpartisan league. will
announce his decision Monday morn
ing at the opening of court on a mo-
ton made by the defense today that
the case be dismissed. Townley and
Gilbert are being tried on a charge Of
conspiracy to teach disloyalty.
George Hoke, attorney for the de-
fense, moved the case be dismissed
Immediately after the state rested its
case at 10:40 a, M, Attorney Hoke
based his argument for dismissal on
a decision by Federal Judge sAmidon
of Fargo, who directed a verdict of
not guilty in the case of Thomas Mills,
Nonpartisan league leadersin North
Dakota, several weeks ago. Mills was
charged with violation of the gespion-
age act by anti-wars uttePnees.
p. H. Nicholas, prosec ag iattor-
-ney, argued that the statefhad shown
that the claims made in the indict-
ments were upheld by testimony an
troduced. The afternoon session was
consumed by the arguments. 4 ~
Nicholas Criticized Hoke.
Hoke, in his argument this fore
noon, said that after the supreme
court decided that the Townley-Gil-
bert case should be tried in Jack
son county and had overruled the de-
PENDANTS demurrer, that he, Hoke,
discussed the decision with Justice
Quinn OF the supreme court regarding
the intent of some of the statements
in the opinion.
Prosecutor Nicholas this afternoon
criticized fHoke for this act and de-
clared that such action indicated an
attempt to have the decision "modi-
fed"
Hoke leaped toflis feet and chal-
lenged the statement. Nicholas de-
MED that he had charged Hoke with
a corrupt act. % ~
The prosecuting attorney pointed
out that Hoke said this morning he
had told Justice Quinn after the su-
preme court had decided the de-
nurrer, and before the official pub
lication Of the opinion, that the
prosecuting attorney of jackson
county might put a constructions on
sstl.ss language ef,-the opinion that was
not warranted. Hoke said he :ssug-
gested to Justice Quinn that the LAM
euage of the opinion be made SO plain
that this possibility would be avoided.
hoke said Justice Quinn told him he
did not think any changes were nec-
essary and Hoke added that he has
not semitic opinion since and does
not know whether any change was
made. ~
Demanded Apology
Mr.. Hoke leaped to his feet and
challenged the statement that he had
suggested any modification. He de-
manded an apology (which was re-
fused.
Either you will apologize or I viii
report the incident to Judge Quinn
said Townley's attorney.
Nicholas replied:
You are at liberty to do whatever
you want to about it,"
charge to the jury made by Judge c.
F. Amidon of the federeal district
court at Bismarck, N. D., at the trial
of j. B. Brinton, member of the
Nonpartisan League, in August, 1918
read extracts from the charge as fol.
lows: q
, Il have never known Of any great
reform being carried through where
the people whose esta blished condi.
ton would be disturbed by the carry.
ing out of the reform, did not say thai
J the people who were trying to bring
about Sthe reform were stirring ur
class against class. The people who
are benefited. by any existing condi
ton always say the victims who suffer
from it and want to change it art
stirring up class against Glass;
Hoke J argued that Townley'.
speeches were a discussion Of eco
nomic conditions and that his criti.
cism Of certain phases of the war was
based upon economic grounds.
Prosecuting Attorney Nicholas II
his argument took the position thai
some Of Judge Amidon's interpreta,
tions were not the same as the inter.
pretations of judges of higher fedora
courts in cases where alleged dis
loyalty was the issue, t....,s.4
May Call Townley First
Attorneys for the defense ,announc
ed this afternoon that II their motion
they will call Townley as one of thei
first witnesses. ,.'.. t g. Ss $50 ',
It was evident that they expecte.
an adverse decision as they said. ,
large number of witnesses for the de
fense would be here Monday.
Ferdinand. A. Tetgen. star witnes
for the state, was sharply cross ex
amined by Hoke this morning. Hok'
sought to question the witness regard
ing his business connections since h
was discharged from the Nonpartisal
League In 1917, but the court sustain
ed objections raised by the stat
against this phase Of cross examina
ton.
Upon direct examination yesterday
Teigen testified that while he was as
ISOLATED with Townley just before ant
Immediately after the United Statel
entered the war. tina. Townley tolt
him that the league would oppose thu
Z war as far as 1t dared, and that il
German communities Of Minnesota
the league would play to pro- Ger
man sentiment" for the purpose Q
obtaining new members. Teigens testt
fed that; T0Wnley s.sacrinced him
when things were getting too hot f9l
the league"
Teigefl .was asked upon cross exam
ination today whether he yas not dis
charged from the leaue because HI
had been. disloyal. because she had be
trayed the Equity Exchange. hi
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