The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-07-07
DENIES MOTION
TO DlSM ISS
T0WNLEY CASE
Declares Evidence Sufficient to
Warrant Matter Going
to Jury
DEFENSE OPEN ARGUMENT
Declares Whole Case Against
League Head Hangs Upon
InnuendO

Jackson, Minn., July T. District
Judge E. G. Dean today denied the mo-
tion of the defense to dismis the con-
spppiracy charge against Pres. A. G.
Townley of the National Nonpartisan
League, and Joseph C. Gilbert.
Attorney George Hoke for the de-
Tense in the final part Of his argu-
ment upon his motion to dismiss and
Judge Dean in his decision overrul-
ing the motion Of the defense dwelt
upon the charge of conspiracy.
A running fire Of objections by the
state and sharp warnings directed to
the defense by Judge Dean marked the
address to the jury this morning by
George Hoke, chief of counsel for A.
c. Townley and Joseph Gilbert, on trial
here on charge of having conspired
to teach disloyalty.
Threatened to Fine Hoke.
Judge Dean twice Threatened to fine
Hoke for contempt of court. He charg-
ed the St. Paul attorney with attempt
ing to discuss testimony which the
court indicated would not be admitted
as evidence. Hoke, after a brief out
line in which he declared the defense
would show that Townley and Gilbert
ard the Nonpartisan organization were
thoroughly loyal, stated the defense
would place a number Of NOnpartisan
league members on the stand to testify
that their sons had volunteered for
war service after they had attended
Nonpartisan league meetings. Then
he began to enlarge on their probable
testimony. Assistant Attorney Gener-
al Markham declared the state would
object to such testimony.
"Do you think such testimony would
be proper proof?" Judge Dean asked
Attorney Hoke. ,...u.. ..a
Hoke responded in the affirmative,
and asked the court reporter to take
the judges statement.
"The reporter is under the control
Of the court and is not subject to your
directions sharply retorted Judge
Dean. "This thing has got to be stop
ped You must show proper respect
for the court or fines for contempt will
be imposed"
Hoke denied that he voluntarily vio-
lated any rule Of the court.
The first witness called this after
noon was Prosecuting Attorney E. II.
Nicholas.
Evidence Sufficient.
~ have given this matter consid-
erable thought" Judge Dean said.
"There have been many cases brought
before me under this section of the
state law. The indictment charges the
defendants with conspiracy to violate
the laws of Minnesota. The defend
ants may never have violated the law
but still be guilty. 1t is the conspir4
acy to do it that is charged as part
of the crime. Anything uttered for
the purpose of discouraging enlist
ments is a violation Of the state law.
am inclined to think it is sufficient
evidence to submit this case to the
iury on the question of conspiracy
Opening Address.
Attorney Hoke then began his op-
ening address to the jury:
"This whole case hangs upon inun-
endos alleged to have been contained
in a speech which Mr.. Townley gave
in Glencoe. "This Is really case
against Townley. They have other
charges against Gilbert. The sharp
question for you to decide is: Did
Townley and Gilbert make IN unlaw-
full agreement in Jackson county and
can you find that beyond reasonable
doubt" :,
The states star witness admitted
that Townley has always counseled
against outward opposition to the war
and that Townley's opposition was
based on inunendos and mannerisms.