The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-07-28
T0WNLEY'S PLEA
REFUSED; FACES
SENTENCE
League Leader, Convicted Of
nslbyalty, Expected to Ap-
peal to Supreme Court
ATTORNEYS ARE SCORED
Judge Says They Insulted Courts
and Declared League Papers
Distorted News
ATTORNEYS ARE SCORED

Fairmont, Mimi, July 28.-
Judge E. C. Dean today denied
motions for a new trial for A.
c: Townley, president Of the
Nonpartisan league, and Joseph
Gilbert, former organization
manager, who were convicted at
Jackson last. summer on charges
OF conspiracy to encourage dis
loyalty during the war.
The charges were based on speech
es of the two men delivered in be-
half of the Nonpartisan' league in
jackson county. . .B,
Townley and Gilbert are under
sentence to 80 days in the jackson
county Jail. 1t is expected that The
case will be applied to the state ST.
preme court. 45.
The two league officials were con.
victed last July by a jury of jack
son county farmers, after a bitter
fought trial lasting three weeks.
Scores Lawyers
In a memorandum accompanying
his action, Judge Dean severely CEN
sured the attorneys for Townley ana
Gilbert, who were George Hoke,
George Nordlin and Thomas V. Sull-
van. all of St. Paul. Conduct of tho
defendants counsel is characterized
as "uniformly insolent and extremely
obnoxious.
The judge states his belief that
many Of these insults were obvious
ly studied and pre-arranged for the
purpose OF bringing about errors that
would overturn the case. G
1T would require Judge Deans
memorandum says, court of far
greater patience and more angelic
disposition than this court possesses
to have passed through the insults
and cOntemptuous conduct displayed
and persistently indulged in by some
Of the attorneys for the defendant
with an unruffled temper and
tongue.H
League Papers Distorted
H Judge Dean further charges that
Nonpartisan league newspapers
which has representative in the
courtroom, published vicious and un
truthful statements in an attempt to
discredit the court, the jury and tho
trial.
Courts Language
The decision in part. follows: 81
"The grounds on which the motion
for a new trial is apparently based
and which the court in it's ruling takes
into consideration are:
Because the verdict is not justified
by the evidence.
Because of errors in laws occur
ring at the trial and excepted by the
defendant at the time. .....
Because the verdict is contrary to
law. s.
Because of errors of law occurring
at the trial and hereby excepted to
and stated. -,. ./
after. a full and careful considera-
tion of all matters before the court
and the several assignments of error
it is ordered that the motions of de-
PENDANTS for new trial be denied.
..... Reasons For Trial
In his memorandum Judge Dean in
party says:
considering the motion for new
trial the court has been obliged to do
so without the aid of counsel in pre-
senting a brief or citing law authori-
ties on the questions raised and with
out argument of counsel either oral
or written, nor has the case been pre-.
sented in the usual or customary way.
"A brief was to- have been prepared,
by counsel for defendants oh certain
questions raised and presented to the
court before the case should be con-
sidered submitted More than ample
time has been allowed the defendants
attorneys to prepare and submit their
brief and written arguments, but none
has been received. Therefore, 1t has
been deemed best to treat the case at
(COntinued on Page Three)