The Tomahawk., 1919-11-06
LEMKE ANSWERS
DEANS DEFENSE
League Lawyer Answers Main
Points in Attempted Justifi-
cation.
TOWNLEY CASE BACKFIRED
Only Judge Could Have Changed
Venue in Case-TownIey Had Right
to Address Jury-Proper Evil
dence Excluded.

st. Paul, Minn.-"A wide departure
from the TRUTH" is the way William
Lemke, attorney for President A. C..
Townley and Joseph Gilbert, charac'
terizes Judge Deans explanation OF
his conduct of the trial of the Non
partisan league leaders.
At the time when he imposed the
maximum sentence on the farmer rep.
resentatives, the Jackson county, Min
nesota judge entered into an elaborate
defense of the methods used to make
the foolish charge of sedition stick.
The prosecuting attorney likewise
tried to explain away the documents
which the League produced showing
that he had not told the truth when
testifying under oath.
Mr.. Lemke's reply to the main
points made by Judge Dean reads as
follows:
"The prepared statement read by
Judge Dean, protesting his fairness
and honesty, departed widely from the
truth in the statement: No effort
was made to oust this court from pro-
ceeding in the case; neither was it at
any time intimated that a change of
the place of trial or a different judge
was desired The fact is that Mr..
Hoke, attorney for Mr.. Townley, told
Judge Dean at q conference in cham
bers that it was apparent he was un-
and urged the court to call another
Judge.
Change Of Court Denied.
"Again, Judge Dean read: "A very
short and simple affidavit that any at
torney of ordinary ability could easily
draw and file, alleging prejudice on
the part of the court, would have been
sufficient to oust this Judge and an
other Judge would have presided in
the case There is no provision for
obtaining change Of venue in q mis-
demeanor case. Judge Dean ON his
own motion could have arranged for
the trial of the case by ssme other
Judge, but he took no action I'm this
direction.
"Judge Deans statement attempts
TO take credit for himself for allowing
four speeches by Mr.. Townley to be
read to the jury. The facts are that
all these speeches were submitted by
the prosecution; the defense was al
lowed to introduce no speeches. Be-
cause it was apparent that the court
would not allow any evidence of
speeches other than those which the
prosecution introduced, Mr.. Townley
did not go on the witness stand.
The right of defendant to address
the Jury, which Judge Dean refused
Mr.. Townley, has existed for centu-
ries In the common law. The ccnstitu-
tion and statutes of Minnesota specific
ally recognize this right in section
4947 of the code and elsewhere. While
denying Mr.. Townley the right to ad-
dress the jury Judge Dean made much
OF the failure of the defendant to be in
court on the opening day, although
section 900 of the code states: If
the Indictment be for a misdemeanor
the trial may be had in the absence Of
the defendant II he shall appear by
counsel
I'm view of these and many other
siaring inaccuracies in the statement
read ny Judge Dean one Is naturally
led to suspect that the statement was
no. Only prepared by him.. but had
not even been carefully considered by
him before he read it.
WILLIAM LEMKE,
.Attoeney fes Defsndants."
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