The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1920-05-27
HAGAN GRANTED SECOND TRIAL
Verdict of Guilty in Case of Scandi-
navian American Bank President
Set Aside by Judge Englert

Set Aside by Judge Englert
H. J. Hagen, president of the Scan
dinavian American Bank of Fargo,
who was last December found guilty
of having exhibited a false paper
with intent to deceive a bank exam
iner, has been granted a new trial and
the verdict of guilty was set aside
by Judge M. J. Englert Of the attor-
neys for the prosecution notably of
Judge W. S. Lauder of Wahpeton,
special assistant of Attorney General
LANCER, and error in allowing certain
letters to be presented to the jury as
evidence are the grounds upon which
Judge Englert granted the new trial
asked for by Hagen's attorneys, Will
liam Lemke of Fargo and James Man
ahan of st. Paul. States Attorney
Green of Cass county said that the
second trial would not be held before
November.
Supreme Court Order Quoted.
In his decision Judge Englert holds
that "the fact that supreme court
held that the letters in the Hagen
case were secured through means I'M
warranted, unreasonable and without
foundation of law, settles the ques-
tion so far as the trial is concerned
of the method and manner in which
they were taken, and brings the case
~squarely within a holding of the Su-
preme court of the United States"
Judge Englert also holds that Tin the
present case our supreme court has
ordered the return of the letters, TAX
en- from the defendant and the Scan
dinavian-American bank, and hence
the decision Of the supreme court on
that subject is not only binding, but
is conclusive"
Relative to the receipts of exhib-
it's in evidence, upon the ground that
there was not sufficient foundation
laid for their introduction, Judge
Englert cites a United States supreme
court decision relative to securing EVIL
dence by unlawful search and seizure
and thereafter making Photographic
copies and returning the originals,
that "the essence of a provision for
bidding the acquisition of evidence in
a certain way is that not only evil
dence so acquired shall not be used
before the court but that it shall not
be used at ALL"
Letters Unlawfully Secured
Judge Englert holds that Gin the
case at bar, the letters were secured
as our supreme court held, by unlaw.
full means, and before the originals
were ordered returned, Photographic
copies were offered and received in
evidence"
In regard to one exhibit containing
the signature of MI. Locker, the court
says the letter was offered in evidence
under the objection that no sufficient
foundation has been. laid.
eff the Objectionable matter con
corning the way in which these letters
were secured were entirely eliminated
it strikes me most forcibly from
reading Of the cold record that no suf
fcient foundation was laid for the re
ceipts Of this exhibit in evidence
holds Judge Englert. .
Hagen Not Responsible
He rules that there was nothing t.
show that the defendant had anythin,
to do with the letter; that he invite,
it; that he opened it, or that he ack
nowledged receipt of it, o that he il
any way acted thereon, and that Their
is no proof Of the genuineness Of tn,
letter, or that it had actually been sen
by any one"
The court says that Gin view of m,
conclusions upon the assignment Q
errors already discussed, ! do no
deem it necessary to consider the as
signment Of error relating to the il
sufficiency Of the evidence to sustat
the verdict"