The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1919-08-01
JUDGE DEANON SQUARE
GAVE DEFENDANT TOWELEY
FAIR DEAL. AT TRIAL
ALL LATITUDE

uIt7NIIU NIL LHuJOUL
Jury Not "Handpicked';; Was
Satisfactory To Defense
Attorneys
Fairmont. Minn.-July 2S.-Asked
for a statement in reply to charges
in The Nonpartisan Leader, official
organ Of the Nonpartisan league, pub
lished in st. Paul, that the trial of A
c. Townley and Joseph Gilbert, leag
ue leaders, at Jackson, was "a farce
and that the verdict returned was
by a'hand picked jury" and virtually
was directed by the court, Judge E.
c. Dean declined to make state
ment. saying he would stand On the
court record.
League papers published in other
cities, it is said, have made similar
charges. Hundreds of copies of the
Nonpartisan Leader are being receiv-
ed by subscribers in this part of
the state, one being sent, apparently
to every taxpayer.
b Some of the statements in the
Leader and the facts as contained in
the court record are as follows:
Nonpartisan Leader of July ia
prejudiced Judge practically directed
a jury hand picked by political op-
poncnts of the organized farmers to
find the defendants guilty"
Record Made BY Stenographer.
The record of the court stenogra-
pher, after the last juror had been
sworn, shows the following.
The Court-"Are you satisfied with
the jury, gentlemen"
George Hoke, chief counsel for the
defensive are satisfied your hon.
or"
The Court-"Are there any further
prelimiraries before the actual tsial
commences? Are you satisfied with
the jury?"
Mr.. Hoke-"T he jury is entirely
satisfactory to u.s."
The Nonpartisan League Press bu-
reau charged that Judge Dean had
refused to allow the defense to chal-
lenge prospective jurors.
The record discloses that - re re-
quest of counsel for Townley and
Gilbert three triers were appointed to
pass on the challenge and that the
judge had nothing to do with pass
ing off the challenges.
Only two challenges were submit
ted to these triers by the defense and
none by the state. The record FUR
fher shows that at, sthesd time the j;lry-
was sworn in the defense that two
of its five challenges unused and the
state one of its three.
What the Record Shows.
Nonpartisan Leader of July 49,
"The Judge allowed Prosecuting At
torney Nicholas and Assistant Attor-
ney General Markham to make long
patriotic speeches during the trial,
but when the attorneys for the de-
Tense tried to. make their arguments
they were constantly interrupted
both by the Judge and the prosecut-
ing attorney"
The record discloses that attorn oys
for the prosecution seldom addressed
the court except in reply to argu-
ments made by Attorney Hoke for
the defendants and that statements
made by the prosecuting attorneys
were in comparison with those OF the
other side.
Nenpartisan Leader of July 10
s'The Judge also repeatedly ruled that
tbe Nonpartisan league officials could
not show what their oganization had
done to assist the war, but strictly
limited the testimony to denial or
the charges brought by the state"
The record discloses that wide lat.
titude was allowed the defendants to
show everything that was said and
done at any of the, meetings cen
which the state had offered
testimony. AS to these meetings
many witnesses were sworn and ex-
amined for the defendants and type
written transcripts of some OF the
speeches prepared by Norbert u
Leary. Mr.. Townley's secretary, were,
in evidence The defend
ants further sought to show what MT
Townley had said at meetings other
than those complained OF by the
including speeches MAGE
by him in June 1919, month or more
after he had been indicted and ar
raigned in the case then being tried
This testimony was excluded on on
lection by the state, according to the
record, to the effect that an accused
man could not disprove the commits
sion of an offense by proving that at
another time, under other circurn-
stances, he refrained from commit
ling similar offense.
Testimony Was Allowed.
Nonpartisan Leader.-"The defense
,ould not show that thousands of dol
airs had been raised by Red Cross
at Nonpartisan league
! The record discloses that testimony
as to Red Cross collections at meet
rigs cited by the state was allowed
and amounts given. In fact, witnesses
FOR the state testified to the amount
If Red Cross collections at Townley's
meeting.
Nonpartisan Leader-"A score OF
witnesses appeared and, would have
testified that the Glencoe speech was
entirely patriotic, had they been per-
mitted to do so by the court.
The Glencoe speech in its entirety
was read to the jury as part OF the
,t.to,s case and later the defend