New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1919-09-24
JUDGE TRIES TO
JUSTIFY ACTION.
E. c. DEAN ISSUES STATEMENT
TO DEFEND ATTITUDE IN
ToWNLEY TRIAL.
HAS NO REGARD FOR COMMON
LAW RECOGNIZING RIGHT
OF OWN DEFENSE.

| OF OWN DEFENSE.
/ JACKSON, Minn.-In an attempt
! to clear himself before the country.
Judge E. G. Dean issued statement
last week when A. c. Townley and
Joseph Gilbert appeared in court for
sentence.
In his statement the Judge made an
elaborate effort to defend his own ac-
tons and those of the county attor-
ney for their tactics during the trial.
Both defendants were sentenced to 80
days in the county jail, the maximum
penalty. A 60-day stay Of execution
was granted.
Because of many glazing inconsist-
encies and misstatements included in
the statement, there is some tendency
to believe that the document was pre-
pared by hands other than those Of
Judge Dean.
County Attorney E. H. Nicholas al
so spoke, defending his own course
and complaining against the articles
! in Nonpartisan league papers showing
that he had aided Teigen in the sale
of his anti-League book and had later
denied it on the witness stand. AL
though he made an earnest effort to
squirm out of the lie, the county at
torney was unable to deny fatty that
| he had lied on the stand.
Tries To Meet Charges.
Among the other things, Judge Dean
asserted that there had been no re-
quest or suggestion made to him for
a change of venue and, that no affi-
davit of prejudice had been filed. Con
trary to the statement, however, the
fact is that in addition to charges of
bias made to the judge in more or less
diplomatic language, Attorney George
Hoke, for the defense, on one occasion
during a recess told the judge that his
bias and prejudice were so apparent as
to wholly unfit and disqualify him for
trying the case and asked that another
judge be called to sit in Deans place.
In reply Judge Dean denied that he was
conscious Of any bias whatever.
In another part Of his defense Judge
Dean asserted that there was no right
of the accused to plead to the jury in
his own behalf. Nevertheless, com
mon law, on which the Minnesota
statues and constitution are based
has recognized this right for centu-
ries, and the statutes themselves pro
vide that the plaintiff shall commence
and the defendant conclude argument
to the jury while another specifically
recognizes the right Of layman to
address the jury in his own behalf in
any action Sin his own behalf when
party thereto
SIS. Judge Wrong On Law.
Judge Dean asserted that a short
and simple affidavit that any attorney
Of ordinary ability could easily draw
and file, alleging prejudice on the part
of the court, would have been suffi-
Gent to GUST this judge" The stat
utes provide, however, that only in
criminal cases, in which the defendant
is liable to death or Imprisonment in
the state prison, can change Of venue
be asked.
| Only by action Of the governor or
the judge himself was it possible for
the defense to remove the court on the
ground Of prejudice, and neither Mr..
Gilbert or Mr.. Townley had any rea-
son to hope that Governor Burnquist
would interfere n their behalf in this
case. .
AS soon as a transcript Of the evil
dence, which is being prepared by w.
!. Nicholas, a brother Of the county
attorney, is available, plans for a mo-
ton for a new trial and an appeal to
the supreme court will be prepared
| by the defense.
When 10 Jackson county farmers
| appeared IN court ready TO Sign new
bonds, Judge Dean decided that the
old ones would do.
Last week employees At The Madelia
Mills went on strike asking for a raise
in wages. The matter was soon adjusted.
Louis Altman, who formerly resided
on the Henry Forst farm in Lafayette
township has removed to his. own farm
one mile east Of Klossner.
Miss Minnie Becken from Hanska
visited with friends in New Ulm last
week, She came to be present at the
shower sl given in honor Of Miss Hildegard
i ,Julins