The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1920-12-09

A number Of co-defendants with
Austin were discharged by Magistrate
Duell for insufficient evidence. They
are Martin Hoghaug, said to be a
stakeholder in the World corporation,
j. w. Smith, Nonprtisan county man
ager and Carl Aaberg, Eugene and
John Stoesser, charged with having
circulated the circular.
Made Vicious Charges
The circular which led to the ar
rest of Austin and the other defend
ants was distributed two days before
election. It implied that Edward F.
Flynn, president Of the city commits
sion here, had received graft from the
100000 paving job the past sum-
mer; that Rev. H. Garfield Walker,
rector Of the church of the Advent
had used indecent and vulgar language
in his addresses against the Nonpar-
tisan league; that A, B. Jackson, Jr..
secretary of the Boyey-Shute & jack
son Lumber company had shortweigh-
ed in coal; that the Devils Lake Jour-
nal was "yellow" and traitorous; that
it's managing editor, c. F. Mccarthy,
is "traitor poet" 1t insinuated
that Rev. Prentiss Hovey Case, pas
tor of the Westminster Presbyterian
church, had been driven out of the
state Of Idaho by peace officers while
talking against the Nonpartisan
league, and it hurled epithets at Silver
Serumgard, A. R. Smythe, local law
yers, who had opposed the league, and
r. P. Mann, President Of the North
Dakota Retail Dealers association.
Deaf Printer on Stand
The most damaging witness against
Austin at the hearing yesterday was
Henry Morris, instructor at the Devils
Lake School for the Deaf, who is also
lintoype operator and is employed
occasionally by the Devils Lake World.
Morris, who can neither speak nor
hear, gave his evidence by means OF
the sign language, which was inter-
preted by Principal Mcclure of the
deaf school,
Morris testified that he set on the
linotype machine in the World office
the type used in the alleged libelous
circular, and that while he was set
ting it, which was on Sunday, Oct.
21, Austin was there and knew what
was being set.
Austin, in an editorial in the World
a few days after election, denied en-
phatically that the circular was print
ed in his office or that he ever saw a
copy of it until it was shown him by
Sheriff Ed Elliott, who served upon
Austin demand signed by those men.
toned in the circular, for a retraction
of the libelous statements contained
in it.
Slugs Are Exhibited
E. ]. McCannon, a printer employed
by the World, testified that he hat
resurrected from the office lead cast.
ing pot the linotype "slugs" from
which the circular was printed anc
turned them over to A. f. Wheeler
local attorney, who IN turn gave then
to States Attorney Rollo F. Hunt. Mr.
Hunt produced the slugs in court. Nc
Cannon testified, however, that he was
not in the World office when the cir
cular was printed, but later he was
accused by Austin and Cantor, thu
foreman, Of having stolen the slug!
and turned them over to the states
attorney for evidence. He gave a!
his excuse for taking the s!ugs GU
of the office his desire to secure thu
800 reward offered for evidence ths
would lead to the arrest Of the pub
fishers of the circular, and he sal
that he already has received half o:
that reward,