The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-06-25
BRlNT0N CASE
MOVES SLOWLY
IN DIST. COURT
State Laying Foundation For
Introduction of Evidence
BEGIN THE TESTIMONY

BEGIN THE TESTIMONY
The trial of J. w. Brinton. charged
! with perjury in connection with tes
timony given before the house audit
committee last winter, proceeded to.
day with jurors, attorneys and few
: spectators in the courtroom swelter'
; ing under 9Odegree temperature. All
! Of the jurors removed their coats
when they entered the jury box, al
! though one juror clung to his vest
! J. J. Weeks, special assistant at.
! tOrney- general recalled Secretary OF
State Thomas Hall to the stand when
! the court opened to. elicit from him
the information that records of the
house journal, which We're sought, are
now in use in the preparation OF hc
official copy, and then placed Charles
! Wattam official reporter for the house
! committee, on the stand.
After Judge Nuessle had sustained
: Attorney LeSueur's objection to Mr.
Weeks request of Wattam to read
from the transcript of the testimony
an agreement was reached whereby
j the transcript of Brinton's testimony
would be read to the jury, with the
understanding that it would be avail
able to the jury, court and attorneys
all of the time during the trial, but
would not be taken to the jury room.
Cathro Present
!, e. w. CathrO, directOrgeneral OF
the Bank of North Dakota, was in the
court room to be called as witness
when the state completed its prelim-
mary action. Mr.. Cathro was placed
on the stand about 2 p. m.
ID. ID. Shipley, who was secretary
of the house audit committee, was
called, to the stand by the state to
testify to the fact of Brinton's testi-
mony before the house investigation,
and was asked other necessary ques-
Ntions. in the states preliminary. At
t0rney LeSueur asked him to return
this afternoon and produce the find
ings of the house audit committee.
Jury Is Selected.
The jury was selected about $3.50
o'clock yesterday afternoon, IL men
being selected out of &c called to the
jury box. The members OF the jury
are: John E. Johnson, Braddock,
farmer; Tony STREET, Bismarck, farm
er; L.. E. Heaton, Mckenzie, farmer,
stock-buyer and Independent member
of legislature; H. S. Dobler, Bismarck,
lumberman; John Gunderson, Driscoll
farmer; E. A. Lewis, Baldwin, farmer;
Joe Schneider, Bismarck, manager
Standard Oil filling station; S. S. Cliff
ford, restaurant owner; John Weber,
Sterling, farmer; W. H. Webb, Bis
marck, merchant; Fred Ryberg, Fran
ces township, farmer; w. S. Nichols,
Florence Lake township, farmer.
The Jury was obtained much sooner
than was expected, and without the
exercise Of all Of the peremptory chal.
lenges, of which the state was allowed
five and the defense ten. Several
were challenged for cause. The jurors
called to the jury box before the, jury
finally was obtained included John F..
johnson, A. S. Bolster, John Homan,
Adam Voight, Tony Streit, Carl E.
johnson, L. E. Heaton, Ed Olson, w. s.
Nichols, Fred Long, Max Kupitz, A.
Mccoy, H. S. Dobler, John Sabot, John
Gunderson, G. N. Remission, E. A.:
Lewis, Joseph Schneider, l.. M. Ost-
man, N. F. Julius, S. S. Clifford, John
Weber, Melvin Olson, Emil Kaiser,
Tom O'Connor and Fred Ryberg.
George X. Foster, assistant att0r-
ney-general, a Bismarck resident to
whom many OF the jurors were famil-
lar, sat with Mr.. Weeks during the ex-
animation of the jurors. Attorney
General Lemke, who is to be witness
was not present.
Reads Information.
Mr.. Weeks read the long information
filed by the state against Brinton In
which certain testimony given ny
Brinton before the house audit COM
mittee last winter when the investlga-
ton of state industries was conducted,
was set out. He said that the state
would establish by records that Brin-
ton actually said the things he was
alleged to have testified to before that
committee and would prove by wit
nesses and documents that Brinton
testified falsely.
fllS OUCllA6 SSdlCnCut, AA ~uoASAoA
to the reading of the information, was
confined to brief statement that the
state would prove its contentious that
Brinton's charges Of wrong-doing
against members of the state admins
tration were false.
First Witness Called.
Thomas Hall, secretary Of state, was
called as the first witness at 4:45 p. m.
but was not present and Charles Wat
tam, shorthand reporter for the house
audit committee, was called. When
Mr.. Weeks began to question him At
torney LeSueur objected to the line OF
questioning, pointing out paragraphs
in the information which he said were
not properly drawn.
Mr.. Hall came in the courtroom and
was put on the stand, LeSueur OBJ
jected to Mr.. Weeks questioning of the
secretary of state, who produced
copies of the daily house journal, from
which Mr.. Weeks expected to estab-
r.. @e A. to-, S,t