Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-05-02
JUSTICE WAS DONE

Mr.. Townley jokes over his failure to secure a new
trial from the supreme court of Minnesota. He dismisses
the ninety day sentence as a bagotellc, something he says,
which is less than would be meted out to a chicken theft
in Nebraska where he was speaking. The onense of which
he was convicted was committed nearly three years ago.
He was brought to trial a year later. For nearly two
years he has been at large after having been convicted of
a crime involving what amounted to scdition against the
American government. He has taken advantage of every
expedient permitted by the law to delay procedure and to
stave off the execution of his sentence. He has had a
hearing in every court to which he applied. In the first
instance his case was tried before d jury chosen in accord
ance with the regular forms, and in the selection of which
ne had and exercised the full right of participating. The
jury chosen was one with which he had every right to be
satisfied il he desired to submit his case before twelve
impartial men. In. the progress of the trial his defense
was characterized by a studied effort to inject into the
hearing extraneous matter which had no bearing upon it,
and he insisted on making speeches rather than in present
ing evidence. There was a studied effort on his own part
and on the part of his attorney to annoy and heckle the
judge, and 1t was necessary from time to time for them
to be warned to proceed with the case in accordance with
the usual legal methods. After a hearing in which he was
given every opportunity to present all the testimony that
had any bearing on the case, he was unanimously declared
guilty by the Jury. Since then he has carried the case
from court to court. maintaining that the judge was naised
and the procedure was Illegal. In each case, his conten-
tons have been dismissed without foundation. Each court
to which he has appealed has refused to confirm his claim
that errors had been committed which were prejudicial
to him. The supreme court of Minnesota which has lust
moved on the case declares in very plain language that
whatever errors there may have been in the conduct of
the case, there were none which prejudiced the right of
the defendant.
Townley had a fair trial, full hearing, was convicted
on indisputable evidence, and unless he chooses to kill
time still further by carrying his case to the federal su-
preme court. he must begin to serve his sentence when
ordered to do so by the court.
Townley compares his sentence to that of a chicken
thief. The chicken thief would hive been sentenced about
as heavily, but he would have served his term long ago.
The man who conspires against the government OF his
country and seeks to tie its hands when of all times, its
hands nesd to be free is able to evade. punishment for
months and years, to delay the execution Of his sentence
until the whole thing has become. an old story and the
circumstances which surround the commission Of his Of
Tense have become almost forgotten. This condition does
net conducs to the strengthening Of the hands or govern
msnt. It rather tends to bring government. into disrepnte,
to create the conception OF It as something to be played
with, to be jusEled. and to be held up to ridiculs. The
In each case where Il occurs, . denaonstration 10 given OF
the fact that our laws are d eanal application % Tar a.
the rights Of the individual before the seourts are con-
cerned. Under 4 government less Nbefal in its opera
zion. Townleys case would have been acted upon more
suEnnnarily. Long ago he would have begun to serve his
teehny ana It would not have been a term as Is given q
chicken thief; It would rather have been a punishment
neted ont to q convicted traitor. Townley has been lightly
dealt with. Sometime probably he viii serve his ninety
days. He will occupy himself durpg that period in posing
- . martxr, sending out propaganda against the very gov
eminent which has shown such forbearance toward him.
He is constitutionaliy the enemy 81 q real free government.
The more free the government Is the moro he will take
advantage Of It's freedom to denounce it. It is not likely
that much GOOD win come Of his sentence. No good would
hsye come Of permitting him 70 so unprosscuted. II IL
.hasdhto AAo4noSAnadsAo under which xuythius sood
co opnAA 49, nan - ToMulsy.