Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1920-07-29
TOWNLEY DENIED
MOTION FOR new
TRIAL BY COURT
Judge Dean Scores Actions Of
Attorneys For League Boss
Nonpartisan Organs Print
ed Vicious and Unhuthful
Accusations.

l 1A~~006ASAVxAO0
! Fairmont, Mimi, July 28.-Judge
E. C. Dean today denied motions fo1
a new trial for A. c. Townley, presi-
dent of the National Nonpartisan
; league, and Joseph Gilbert, former
Organization manager, who were con.
victed at Jackson, Mimi, last sum.
mer on charges of conspiracy to en-
courage disloyalty during the war
The charges were based on speeches
Of the Nonpartisan league in Jackson
county, Minnesota.
| Townley and Gilbert are under
sentence to ninety days in the Jack.
son county Jail 1t is expected that
the case will be appealed to the state
supreme court The two league off,
cials were convicted last July by a
jury of Jackson county farmers after
a bitterly fought trial lasting three
weeks.
| In the memorandum accompany.
ing his decision, Judge Dean severe.
ly censured the attorneys for Town
ley and Gilbert, who were George
Hoke, George Nordlin and Thomas
v. Sullivan, all of St. Paul. Conduct
of the defendants counsel is char.
acterized as uniformly insolent
and extremely obnoxious The
Judge states his belief that many OF
these incidents were obviously stud
led and prearranged for the purpose
Of bringing about errors that would
ioverturn the case.
1T would require" Judge Deans
memorandum says, "a 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 INDUCED in by some
of the attorneys for the defendants
with an unruffled temper; and
tongue aE
Judge Dean further charges that
iNonpartisan league newspapers
which had representative in the
court room published vicious and un-
truthful statements in an attempt to
discredit the court, the jury and the
trial.
The decision in part follows:
The grounds on which the mo-
ton for new trial is apparently
based, and which the court In its
ruling takes into, consideration, are:
Because the verdict@is not justi-
fed by the evidence. -s.: - es@
rs Because. of errors in law occur
ring at the trial and excepted to by
the defendants at the time. &
Because the verdict is contrary to
law.
Because of errors of law occur
ring at the trial and hereby excepted
to and stated.
after a full and careful consid-
'eration of all matters before the
court and the several assignments of
|error, it is ordered that the motion
|of defendants for new trial be de-
!nied."
In his memorandum Judge Dean
in part says:
considering the motion for new
trial, the court has been obliged to
do SO without the aid of counsel in
presenting brief or citing law au-
thorities on the questions raised and
without argument of counsel either
oral or written, nor has the case been
presented in the usual or customary
way.
"A brief was to have been pre-
pared by counsel for defendants on
certain questions raised and present
ed to the court before the case should
be considered submitted. More than
ample time has been allowed the de-
PENDANTS attorneys to prepare and
submit their brief and written argu-
ment, but none has been received;
therefore it has been deemed best to
treat the case at this time as fully
admitted and decide the case at this
time without further waiting.
Particular attention is called to
the assignment of error number 100,
the conduct on the part of the at
torneys (for the state of Minnesota).
TOWnley Attorneys lnsOlent
"This assignment is absolutely
without merit. The conduct Of the
attorneys for the state was at all
times during the trial courteous,
and dignifled, except
that there were very many exasper-
ating incidents during the trial that
required the utmost patience and
control Of temper on the part Of the
attorneys for the state and the court
to endure.
MANY Of the Incidents were OBJ
viously studied and prearranged for
the purpose Of Irritating the states
counsel to the end that error would
be committed. The. words used and
in record do not give an
adequate idea Of the conduct and
manner Of opposing counsel, which
were uniformly with bat rare inter
walls insolent and extremely obnoxL