The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1919-07-17
TOWNLEY AND GILBERT
GUILTY OF CONSPIRACY

broadcast over the state Of Minnesota"
said Nicholas
There was something said about
pamphlet was gotten out. Towniey was
in this, Gilbert was in this and they
know how much money they We're maxi
ing out OF It,"
Nicholas urged the Jurors not to "be
deceived by statements from counsel
on the other side that the war Is over"
I'VE are not through with our
ope and attempting to, sweep the, world
We are having trouble with Mexico,
and have trouble with Japan"
Then the prosecuting, attorney dis
leaguers in German communities and
spoke for some time on the problem Of
the men and women Of German descent
who tried to be loyal to the land of
their adoption.
Some of you had boys who thought
about going to war. While these boys
were considering that problem per-
chance they went to a Nonpartisan
that this is rich mans war and he
gives them one of these pamphlets.
What was the effect of the language
on the mind Of that boy? When you
swered the question of whether the law
was violated as to the encouragement
of enlistments and think ] know what
your verdict will be-"
Rest HIS Case
Townley, after brief conference with
his attorneys. announced that in view
of Judge Deans decision he decided to
rest his case without argument.
II believe that my interests as citi-
zen and defendant will best be served
in this manner unless | can address my
self to the jury" said Townley. Judge
Dean began his charge to the jury at
S:55 p. m.
Judge Dean. in his charge to the
jury. discussing the conspiracy phase,
said:
Conspiracy is a combination Of men
for an evil purpose. An agreement be-
tween two or more persons to commit
& crime in concert: plot. A conspir-
proved by circumstantial evidence and
persons performing disconnected overt
acts all contributing to the same result
and the contamination of the same Of
Tense may by the circumstances and
their general connection or otherwise
satisfactorily show the conspirators and
confederators in the commission of the
offense.
"A common design is the essence of
charge and this may be made to an
pear when the defendants steadily pur
sue the same object whether acting sep
arately or together by common or differ
ent means all leading 70 the same I'M
lawful results.
Proof Of an agreement actually en-
tered into is not essential. The mere
tacit understanding between consprat-
OFS 10 WDfk To II common purpose Is dll
that is essential to an actionable COM
bination. 1t is not necessary for the
state to sprove a formal agreement to
effect 4 purpose but the conspiracy may
be regarded as proof that the parties
were pursuing the common purpose.
''You are further charged whore two
or more persons enter into conspiracy
to accomplish some unlawful act any
act done by one of them in pursuance
Of the original conspiracy is in con-
temptation Of law, the act of both.
IF the proof shows a previous meet
ing or meetings and a concert of action,
each Of the parties doing some act con-
tributing to an unlawful purpose, you
are justified in finding that they were
conspiring together to accomplish that
purpose.
1.-THE concurrence Of mind essential
to conspiracy may be proved by di-
rect or circumstantial evidence or both
and the facts may be inferred when
the parties are apparently pursuing the
same object. whether acting separately
or together by common or different
| means all leading to the unlawful pur-
pose"
Judge Dean was very careful in in
structing the jurors that they must con-
slider the question of reasonable doubt
and not convict unless there was no
reasonable doubt in their minds.