The Tomahawk., 1919-08-28
GROSS INJUSTICE
IN !. 10W'NLEY [ " IN TRIAL
sEE Es}.f- ..,N.
Conduct of Prosecution and
Judge so Unfair as to Silence
Farmer Opposition.
METHODS CAUSE BACK FIRE
Evidence OF Plotting and Frame-up
Too Obvious to Make Case vaIu-
able to Anti~Farmer interests
League President in No Danger.

Jackson, Minn.-The veroict
Of guilty brought against A. G.
Towniey, president Of the Nom
partisan League, and Joseph GIL.
bert, former organization man.
ager, did not surprise those who
attended the trial or those who
followed accounts Of it even in the
hostile papers. The local county
officials, including the judge,
furnished one Of the worst perver.
sions Of our court machinery tho
country has seen up to the pres.
ent time.
A hostile board of county COM
snissloners handpicked a jury,
venire Of 144 names so we'll that
there was not a single Nonpart1.
san League member on the entire
list, although the league candi-
date for governor last fall came
within 81 votes Of carrying the
county. The judge repeatedly
ruled contrary to the law in be.
half Of the prosecution. League
attorneys were prevented from
proving the perjury Of certain w.t.
nesses and from proving the 10y
atty Of the league leaders by con-
structive testimony.
Not q Federal Case.
The case was brought, not under Q
federal law but under state statute
of very doubtful constitutionality. be-
cause sedition and disloyalty are
properly federal matters only. The in
dictment alleges merely misdemean.
or for which the sentence to be
passed by the judge in September
cannot be more than six months. Tho
case, of course, will be appealed and
the bias and unfair ruling of Judge
Dean will be great advantage in the
appeal, as they are now before the
larger jury of public opinion.
There is no possibility that tho
farmers leader, who has had tho
courage to oppose the profiteers and
demand new day for the farmers and
working people, will spend even a day
in the jackson county jail, although
a vacation from his strenuous efforts
even in jail would probably be of con.
siderable personal benefit. ..-D ......
Judge Dean refused to permit
another Judge to try the case when
attorneys for the defense filed an afh-
davit of prejudice against him,
although on April %, 1918, he had said
in a public interview:
r "There are no Nonpartisan League
candidates for Office in Martin county,
nor will there be. We are suspicious
of them, and have barred them out.
Most of the rank and file of the
leagues membership are doubtless
perfectly honest, but the platform OF
the organization is an appeal to class
interest and prejudice, and it seems
to me there is something sinister be-
hind the whole thing. True, the lead
ers make great professions Of helping
the president win the war, and their
talk is surely sugar-coated and on
the outside looks good"
! Unfair Rulings.
! At the trial he interfered with tho
right of the defense to challenge GER
tain jurymen, and refused to segre-
gate those chosen. They we're left
free to 20 about a town that had been
worked up to strong feeling against
the league and exposed to tampering
by the anti-farmef interests.
The defense was also prevented
from introducing evidence that would
show the indictment to be a part OF
a conspiracy against the league by
special interests in the Twin Cities
and from showing proofs OF the loyal
ty of the league men. At the same
time the prosecution was allowed the
utmost freedom in gathering scraps
of testimony.
Another instance of gross injustice
was the refusal Of the judge to allow
Mr., Townley his constitutional right
to address the jury in his own behalf
So far as known court records cannot
show a similar illustration. Judge
Dean at first assigned as his reason
that, since Mr.. Townley was not an
attorney, he could not speak for MS
co.1efendant, Gilbert Mr.. Gilbert
then waived his right to address the
Jury. thus leaving the league president
by himself and destroying the ob1ec-
tion of the Judge. The judge then
bluntly refused to give Mr.. Townley
the opportunity to speak.
Biased Charge to Jury.
III Townley is allowed to address
the Jury" said one Of the witnesses
for the prosecution to a group OF
newspaper men, there will be dis
agreement and there is likely to %
an acquittal. II the state is wise. they
wont allow him to speak"
The charge to the jury by Judge
Dean was in keeping with the one.
sided presentation Of evidence aao
the unanswered TRADE by the prose-
cutting attorney. The judges entire
charge carried an intimation, to the
tury that the defendants were guilty
what mean ye that ye beat r,y reo.
ME to pieces and grind the faces OF
tie poor? saith the Lore God Of nsssA