Great Falls daily tribune. [volume] (Great Falls, Mont.) 1895-1921, 1920-02-19

arguments on the motion for dismissal of
the charge against Faulkner, Judge VIII
son said:
If there is a presence By preconsert
it must be preconcerted effort or in
tention to carry out the conspiracy which
led to the elimination of the crime
State Held Pre-concert Shown.
The jury was recalled and told that
there Were circumstances which pre-
vented continuation of the case, and.
with a repetition Of the usual admin
tions. sent back TO its quarters. 1t was
not informed of the court ruling affect
ing Faulkner.
The testimony offered by the state
had been that he was aware OF impend-
ing trouble at the J. W. ". hall on
armlstice day: that he went home and
hid his |. ". ". membership card and
that he was in the hall at the time cf
the shooting. 1t was upon this evidence
that the defense sought dismissal. The
state resisted with the contention that
Faulkner's prior knowledge of I. ".
w. preparations, and other evidence in
troduced, showed preeoncert. while his
presence in the hall was clearly
established
Self-D efonse i'm Home Limited.
"The right of self-defense does not
go to the extent of stationing men N
other places to shoot declared W II.
Abel. state counsel, arguing against the
motion for the freedom of Elmer
Smith. "A man has the right TO defend
his home, but he has not the right TO
fortify the neighborhood and shoot in
discriminatory into the street
Abel declared the shooting of met
from places outside the hall was an act
of murder. and that Elmer Smith had
full knowledge of the plans.
What State Holds Proved.
In the presentation of it's case the
state contends that it has proved:
That no attack was made upon
the l. W. W. hall before the parad-
ers were under fire.
That riflemen were stationed in
the T. ". W. hail. Seminary hill. in
the Arnold hotel and in the Avalon
hotel, and that firing came from all |
four sources.
That Warren Q. Grimm was
Killed by bullet from the Avalon
hotel of 3S-55 calibre. fired by
Eugene Barnett. and that the
Identification of Barnett is per-
fected
That Arthur AlcElfresh was
killed by a 30 high power bullet,
fired by Loren Roberts from
Seminary hill.
That American Legion members !
had no knowledge of any raid, and
were marking time when fired
upon.
That Grimm. McElfresh and
Casagranda, three victims. were
slain at points distant from the
I w. W. hall and that by no pos
sible showing can their killing be
ascribed to self-defense.
Elmer Smith Denied Bail.
The defense made individual motions
or dismssals Of all of the defendants,
arguing separately in behalf of Elmer
smith. Faulkner. Mike Sheehan, and
Ray Becker. Vanderveer said his
arguments for the others cover virtual-
Y the same ground. and the court ruled
Vanderveer. when the motion seeking
dismissal Of Elmer Smith. was denied.
lsked that Smith be permitted liberty
N bail. This the court also denied.
Roberts Insane Says AIlenist.
The defense will begin its case Thurs
lay. by offering testimony of DR..
Arthur G. Calhoun, Seattle alienist, who,
ccording to defense counsel. will
estify to the effect that Loren Roberts.
ne of the ten remaining defendants, is
insane and was insane at the time he
made and signed an alleged confession,
This alleged confession and the un-
signed supplement thereto We're adj /
ltted into the court record last week.
Ailbi for Barnett.
The defense will also offer. Thurs
ay to counsel, an alibi to prove that
EUGENE Barnett, one Of the defendants.
ras sitting in the lobby of the Roderick
oteI during all the time the shooting
as going on. The defense has been
tests in Centralia. it was
aid, to show that no flash from dis
harged gun is apparent in the day time,
the shell contains smokeless powder
testimony concerning these tests, it is
will be offered to disprove
ne states contention that flashes were
cen coming from rooms of the Avalon
nd Arnold hotels.