The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1919-07-17

sentence until Sept. 10 TO permit tne
prepare tons of the court record and the
making of motions for new trial
Two other criminal actions against
Gilbert We're continued until the jan
uary term Of court. He. was convict
lawful assemblage sentenced to 80 days
in Jail and appealed to the district
court. Both charges are based upon
a speech which Gilbert made at Lake
field Jan. 23 1918.
The States Position
County Attorney E. H. Nicholas is
sued the following explanation of the
states objection to allowing Townley
to address the jury:
This is one of the few jurisdictions
in the United States in which the prose-
cutor does not have an opportunity to
the states the prosecutor has the clos
ing argument and in other states where
he does not the state has the privilege
of replying to the defense's closing ar
gument.
I'm this; case. the defendant, Townley.
did not take the witness stand and did
not subject himself to cross examina-
ton at any stage OF the proceedings
states argument that he wished the pri-
vilege Of explaining to the jury what
he meant by the language in his
speeches. If this had been granted by
an opportunity to testify. before the jury
as to matters not contained in the evil
dence while he was not under oath and
without any opportunity for the state
to cross examine him."
3oW1lsy's Flea to Court
When Prosecutor E. II. Nicholas COM
pleted his argument shortly before 8
o'clock. Townley made a personal plea
to the court that he he permitted to
argue his own case to the jury.
Standing in the crowded court room
he told the judge that he had dismissed
his attorneys. that the cc-defendant, Sill
Z q.
representation by counsel and he asked
for the privilege Of speaking on the
ground that he felt the Nonpartisan
League was on trial
Prosecutor Nicholas spoke nearly four
hours before he closed his address to
the jury. He charged that the state
had proven it's conspiracy charge against
the two ,Ncnpartisan League leaders
heard various speeches made by the
defendants, through evidence in the
form Of league literature and through
the testimony of the states leading wit
a former member Of the league. who de-
clared that Townley told him in 1917.
I'VE are against this war. but can't
afford to advertise it,
argument, Townley stepped before the
court. the president Of the NonnartisanI
League, an organization which Townley
said has more than 25O.000 members
snapped as he stretched his long arms
and began speaking. Scores of women
We're in the crowd which jammed the
Had Discharged Counsel
Your honor he said II have dis
charged my counsel. ! have come to
the conclusion that from this point in
the case. I want to say that ] have
men who have been representing me,
but I feel that and the organization
are on trial and feel that ! can handle
this ne case better thar my ;,h attorneys
to do about it: / do not know whether
torneys."
At this point George Hoke. who has
been counsel for the defendants an
nounced that Gilbert waived his right
to be represented by counsel "T ask
your honor That may he permitted to
very anxious to do this. The attitude
Of more thar 250O00 farmers and mil
lion of people throughout the northwest
will depend upon the dicision of the
jury and again ask that ] may be per-
half"
Judge Dean pointed out to Townley
that this Is case alleging conspiracy
considered equally guilty The court
questioned whether the law would per-
init one OF the defendants to try his
own case in an action Of this kind, with
out legally representing the other de-
PENDANT. TOwnley is not a lawyer
1.-THE application Of common sense
written into words and applied to the
rules Of life-is law, your hrbor," said
the Nonpartisan League chieftain, Gil
eide to plead guilty. Would that mean
nocent and ask the right to make my
own plea
Assistant Attorney General Markham
objected, holding that the court could
not properly grant the defendants re-
quest. Judge Dean then asked the
attorneys to submit authorities on the
issue and Townley took his chair, while
the lawyers argued.
no Chance TO Examine
"As the jury has been excused. the
court may discuss the ISSUE" said Judge
Dean ..The defendant has not seen IL
to submit himself to cross-examination
but he seeks to 90 before the jury and
give his version Of the literature that
was put out by the league Now then
that would be a version without an OPP
portunity on the part Of the state to
cross examine or even to reply to the
statements There Is the difference"
II am indicted in this case This
case means my life" shouted Townley,
when Prosecutor Nicholas urged the
court to dispose Of the issue. The
county attorney may not think much
and everything TO me and $50, 900 other
people. !" q.
IA w 4 1 y