The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-09-11
FIRE FLIES AT
LIBEL HEARING
IN CITY COURT
OratOrical Outbursts, Near
Fights and Graft Charges
Feature Hearing
BRIN-ON TO CLOSE CASE
State Rests, LANCER Asserting
Criminal Libel Case Made
Against BrintOn


Frequent oratorial outbursts, neal
fist-fights, word battles and charges
Of graft and embezzlement marked
the preliminary hearing before Police
Magistrate Howell in which ]. w
Brinton was charged with criminal
libel on A. C. Townley and William
Lemke.
Brinton was acting as his own at
torney. Rebuffed in attempts to ask
certain questions of F. w. Cathro di-
rector-general of the Bank of North
Dakota, and l.. P. McAneney, credit de-
partment manager, Brinton broke out
in oratorial flights, rested his case
and will make a speech in his own
behalf Monday evening.
Some serious charges made by
Brinton during his many speeches re-
manned unanswered in particula"
though his charges of any graft Of
embezZlement of misuse of funds in
the Bank of North Dakota were met
with flat denials by Mr.. Cathro and
Mr.. McAneney. :,
imposing List
Brinton, just before the close OF
the hearing, shortly before noon to-
day, which was held in police head.
quarters in the basement of the city
hall, gave to the magistrate list of
witnesses he wanted summoned to
testify in his defense. His list in
cluded Governor Frazier, A. c. Town.
7 II T nf fh o
Scandinavian-Na National bank of Fargo;
j. J. Hastings, Thomas Allen Box.
James Grady, H. A. Paddock, w. G.
Johnson, Ray Craig, state manager OF
the Nonpartisan league, the editor OF
the Courier-News, the foreman of the
mechanical department of the Cour-
ier-News, and added that he wanted
to take depositions Of people outside
the state.
However, when Police Magistrate
Howell held some Of his questions
were improper, he rested his side OF
the case, all except another Oratorial
flight.
Some of the charges he made dur
ing the hearing were:
That indivuals interested in the
Bank of North Dakota received ben
efits from the depositing of large
sums of money outside the state.
He said he would later on show
embezzlement and false payments Of
money.
He said he had letters from the
former transit manager in which he
said it was stated that entries were
changed and put on the books with
out any apparent reason.
That Cathro paid money to men de-
nounced by Townley as crooks and
embezzlers.
That Cathro received benefit from
depositing millions of dollars in Twin
City banks during the first part of
April, 1920 :E1
What CathrO Said
Mr.. Cathro, on the witness stand.
admitted that millions of dollars was
deposited in the out-state banks dur
ing the period named, but denied
there was anything irregular in the
practice. He said it would have been
bad banking practice to do otherwise
that the money was held only tenn
porarily until counties paid out the
money and that to put it in North
Dakota banks and then withdraw it in
very short time would embarass
North Dakota banks.
.Brinton elected the information
that North Dakota banks pay 4 per
cent on daily balances on funds from
the Bank of North Dakota while the
Twin Cities banks pay but 2 per cent.
The hearing began about 5 O'Clock
last evening, continued until Z p. M.
and lasted from 8 a. m. today until
about noon. William LANCER, Attor-
ney-General, who appeared against
Brinton, charging criminal libel.
prosecuted the case. w. A. Anderson,
secretary of the Industrial commits
sion. appeared as attorney for the
Bank of North Dakota.
State Rests
LANCER rested his case after Ca
thro and McAneney made denials OF
croockedness in the bank. The inter-
ruptions and arguments over proce'
dure were 50 frequent that it took an
hour last evening to get the brief
questions to Cathro. Anderson, as at
tornev for Cathro. instructed him last
evening to refuse to answer questions
but after argument allowed him to
proceed.
Brinton, at the outset, asked that
the case be dismissed unless the
good Townley and Lemke were
shown. This was held not material
by the court. Both Anderson and
LANCER agreed this morning that this
was not essential.
Wants the Records
Brinton renewed demand mace
Yesterday that he have access to al
the records of the Bank Of North
Dakota, which, he said, were neces-
sary to prove his case Anderson
and LANCER declared he had the right
only to any particular record to prove
a particular point. The judge up
held this contention.
When the judge held that he must
confine his uestioning of Cathro, who
was on the witness stand, to specific
matters, Brinton tried to explain
what he was driving at.
II want to show that funds were
transferred from the Bank of North
nakota RI an institution in which Will