Grand Forks herald., 1919-06-25
T0WNLEY NOT .
PRESENT:
TRIAL TODAY
Prosecuting Attorney Ex-
plains Conspiracy in Ad-
dress to Jury.
Hoke Objects to Reference
Regarding to League
Literature. u

jackson, Mimi, June 2S.-Tak-
ing Of testimony at the trial OF
President A. G. Townley of the
National Nonpartisah league, and
Joseph Gilbert, former league
organizer, on an Indictment
charging conspiracy to commit
sedition, was begun in district
court here this forenoon, after
Judge f.. G. Dean denied motion
of the defense to dismiss the case.
Attorneys for the defense
asked for the dismissal on the
ground that the indictment
charged more than one offenee
and that the action brought by
the state usurps the powers Of
the federal government 20 prese-
cute dlsloyalty cases.
A motion of the defense to seq.
regate Witnesses was denied, for
the present. 'sIf it becomes nec-
essary the witnesses will be seq
regated,'' said Judge Dean.
Ole Thorson, judge of probate
at Iakefield, was the first wit
ness called by the state. ThoFson
was chairman of federal county
January 18, 1918, county author
/ titles sent letter to Nonpartisan
league headquarters notifying the
league that it could not hold
meetings In jackson county.
'Thorson testified that on Janu-
ary %, 1918. Joseph Gilbert came
to Lakefield and said that tho
county authorities had. no right
to stop meetings OF the leagne
and that he intended to speak.
Gilbert declared. according to
Thorson, that the Nonpaftasan
league. was prepared to take q
test case to- the federal eupeeMie \
&court II necessary.
I'm ThOrs0n4 was ON the stand when
the noon recess was taken.
Jackson, Nsjnn., June z6.-Whe,
,fsths sMipartis a ssaSne. and Jesasa
this .forenoon& /. IN jackson
county district court, Townley had no
ret. made his appearance. He was II
Fargo yesterday and. his, associate
aid they understood he would leAv
Fargo some time today for jackson.
Prosecuting Attorney e. H. Nicho
as began his opening statement t
he jury shortly before 9 9<o'clock. HI
lwelt upon the legal phases of tn
,rime Of conspiracy, which is charged
against Townley and Gilbert Jointly.
The indictment returned agains
.hese men alleges that they entere'
nto conspiracy to teach disloyalty
:. Conspiracy Explained.
Y The crime of conspiracy mean
hat two or more persons have ,beel
awful act" said the county attorney
These persons must only have t,
lgree to commit the offense, they d
reed to commit the act. One or NOR,
# them, however, must commit q,
vert act. Two persons for instance
night conspfre to commit the crim'
II murder. Should one of these per
IONS purchase a pistol, the law. woult
1old that, the crime of conspiracy haa
been committed although the murde
lot been completed. It is not neces
'ary for the state to prove where o
when the crime of conspiracy ha
oeen entered into"
7 The county attorney did not max
my reference to the actions Of Town
ey at the outset Of his address. Onl,
l New spectators were in the cour
'oom when the case got under way. :
Mr.. Nicholas dwelt at length, in hi
opening address. upon the alleged &C
:ivities Of Townley. Gilbert and Irwin'
Freitat, a league organizer during tn
early months Of the war. Referring
~ charges contained in the indictmen
against Townley and Gilbert whicl
were alleged to have been committe,
IN 1917. Nicholas said:
I'VE intend to show that Mr.. Town
ey's whole attitude was opposition +
The war and that the people shoul
not assist in the prosecution Of tn
war" Nicholas said that the stat
would attempt to show that Townle
was responsible for the presence o
Gilbert and Freitag In jackson coun
Y as we'll as for the distribution Q
Nonr,artisane league literature i
which some Of the governments wa
policies were questioned.
= & Hoke Objects.
Attorney George Hoke, of st. Pau
chief counsel for Townley, objected t
reference regarding the literature O
the ground that the literature ha
been held by the supreme court Of th
isg5 fl 81 y