Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1921-06-22

leaflet, exhibit 3, entitled why
Judge Bancroft should not be elected
circuit judge" Answer-No.
Did the defendant, Smalley,
cause to be published and circulated
by others, the leafet, exhibit 3, en-
titled, "Why Judge Bancroft should
not be elected circuit judge.
Answer-No.
With their answer in the negative
the jury that went out at 4:10 Thurs
day and returned at 8:15 rendered a
verdict for the defense and absOlved
Sherman E. Smalley from penalty
under the corrupt practices act relat-
ing to election. Four other ques-
tions relating to the truth or falsity
Of statements in the leafiet were I'M
answered by the jury as their ensweI
depended upon an affirmative ensWer
to the first two questions.
The case, the biggest tried in this
county i'll years, and the first in the
state where a circuit judge had been
tried for corrupt practice III election
was fought out last week. The trial
began Monday with G. F. Clifford OF
Green Bay appearing for the state
and A. w. Kopp OF Platteville for Mr.
Smalley.
A jury was selected Monday and
first testimony heard the same day
During the week Judge Bancroft
Judge Smalley, Ada James, Pearl
Lincoln, w. H. Goldthorpe, Frank
Ralph, and other Richland or Grant
county notables appeared on the wit
ness stand.
Judge Reid, presiding, stated
Thursday that the leadet was with
out doubt a fragrant violation OF the
corrupt practices act and it is am
sumed generally that while the &C
ton against Judge Smalley is done
with the parties who composed and
circulated the celebrated leafet may
begin preparation to defend them
selves for against litigation, either
civil or criminal.
The state endeavored to prove that
Judge Smalley had practically ac-
copied Pearl Lincoln and Ada James,
both Richland Center, as agents. 1t
alleged that because he had shown
one of the leaflets he had received
through the mail to GOldthrope,
MAXWELL and Donnell, Cuba City
friends, that he had virtually pub
lished the leafiet in the true sense OF
the word by giving it circulation.
Both of these contentious were
denied by the defense. Attorney
Kopp figuratively washed his hands
of Ada James, Pearl Lincoln and their
agents, who had to do with the leaf
let, in claiming that Judge Smalley
was absolutely innocent of any con-
nectiOn with the discriminating
pamphlet.
Judge Bancroft in his testimony
stated that he had written Mr.. Small
ley asking to publicly deny and re-
pudiate the ISLANDERS circulated in the
James leaflet Judge Smalley on the
stand swore that he had never re.
ceived this letter which was written
about March Goth, several weeks be-
fore election.
Prosecutor Clifford made a telling
point when he said that the Bancroft
opponents in getting up the circular
had called upon Mr.. Smalley to write
his own record as comparison with
a record on Bancroft written by his
deadliest enemies. 1t seemed obviou;
enough that a Smalley record writer
by himself and a Bancroft tecord
written by those who wished to teal
him down would be favorable tt
Smalley and certainly not beneficial
to Bancroft.
Following the jury verdict Judge
Reid granted one week for the filing
of motions. 1t is said that Prosecu
tor Clifford will take further steps
but just what these will be is no
known.
Judge Smalley refused to common
on the verdict Friday morning Ban
croft declared that he was satisfied
with the result, the trial having
cleared his name in that it was shown
that he had clean record.
While Miss Ada James admitted
violation of the practices act in cir
culating literature in behalf of Judge
Smalley, she will not be brought tt
trial for the reason that she wa:
granted immunity by the state wher
it was found that she was necessar!
as witness. This immunity, how
ever, does not extend to cover al
action in civil way.
Mr.. Clifford in his closing plea fol
a conviction touched the heights O
real oratory although his effort wa:
in vain. He asked the jury 10 answer
the first and second questions affir
matively.
An effort made to connect SmaHe!
up with the James-Lincoln comblna
ton at RichIand Center because h'
had been there at various times con
ferring with them, proved fruitless
although without doubt Rancroft''
strongest opposition in the oistric
came from residents Of his OWL
town. 1t seemed from the testimony
that Bancroft's enemies had offered
to help Smalley and would have
helped anybody else who ran agains
Bancroft.
Richland county is a hotbed o.
political and private hates hoary
with antiquity. The last word has
not been said from what the Herald
has learned.