The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-06-24
Jury Box is Filled in District
Court This Morning After
Motion is Argued
BRINTON MAKES CHARGE
Says Townley Threatened To
Punish Him If He Gave
Sisal Trust Testimony

' The jury to try the Brinton case was
completed at $3.50 o'clock this AFTER
noon. It follows: John E. Johnson,
Braddock, farmer; Tony STREET, Bis
marck. farmer; l.. E. Heaton, McKen-
zie. farmer and stock buyer; H. S.
Dobler, Bismarck, lumberman; John
Gunderson, Driscoll, farmer; E. A.
Lewis, Baldwin. farmer; Joe Schneid-
or. Bismarck, oil company filling sta
ton manager; S. S. Clifford, Bismarck.
restaurant; John Weber, Sterling, far
mer; w. H. Webb, Bismarck, mer-
chant; Fred Ryberg, Frances town.
ship, farmer; w. 8. Nichols, Florence
Lake township, farmer.
The perjury case against J. W.
Brinton, formerly private secretary to
A. C. Townley, was ordered to trial
In district court today after Weeks,
appearing as attorney for the state,
asked to have the case continued un-
til the next term of court, on the
basis of an affidavit Of Attorney Gen.
eral William Lemke, and Judge
|Nuessle denied the motion.
In resisting the motion for continu.
ance Brinton made an affidavit, read
in court by his attorney, Arthur Le'
Sueur, in which he made the charge
that he talked to A. C. Townley in
St. Paul and Minneapolis last week,
that Townley told him he would not
appear in the case, called the case
another of Lemke's CD bulls" aud
threatened ,Brinton with personal vic.
lence il Brinton SHOULD testify'in de.
tense concerning Townley's connec'
tion with the Sisal Trust"
Bring IN Recall
Mr.. 'Wteks advanced the 'forthcom.
ing recall election as ground for
continuance, because he said officials
threatened with recall were bound by
duty to 90 out before the people to
speak in defense of their administra'
ton. and they were witnesses in the
case. while ;Brinton's attorneys main.
tanned that the recall election while a
motive for the state seeking cOntinu'
ance should 60 to trial and attempt
to clear their names before the people
of tn estate of charges made against
them.
Judge Nuessle in refusing to con-
tinue the case said that the case
had been pending since February, that
1t had been in court longer than su-
preme court rules for time of trial
required, that it was set for trial ten
days ago, the court calendar Of IS
cases disarranged at great expense to
the state to hear this case and now,
at the last minute, without any inti'
nation that the motion would be made
the application is made for continu-
ance in the case"
1T seems to me that politics has
nothing to do with this case," Judge
Nuessle said. whether or not 1t is a
political case remains to be determin-
ed, but I do not believe politics should
be taken into consideration in decid
ing this motion for continuance"
Ridieules erlnton Allegation
MIR. Weeks referred to Brlnton's
affidavit regarding Townley's state
ments as 80 unreasonable that l do
not think 1t worthy of consideration"
He said that 1t was unreasonable to
think that Townley would make a
remark about a bull Of somebody to
one known to be an enemy"
LeSueur had declared that he be-
lieved the state sought continuance
because of the forthcoming recall elec-
tiOn, fearing to have testimony come
out concerning the actions of state
officials of this administration. and he
said that Brinton had talked the
Governors mansion two days ago for
Governor Frazier and had been in
formed that the Governor was not ex'
pected back for week.
Answering Weeks, LeSueur declared
with respect to Townley's alleged re-
mark that "the burden is not on the
defendant to prove Townley sane"
1T is just as important that citi'
zen Of this state be relieved OF the
stigma that has been cast upon him
as that state officials defend them.
selves in a recall campaign said Le-
Sueur.
III ever they wanted to try this
case it is now, when these officials
in charge of the state administration
and facing recall election should
want to prove-that Brinton was per.
jurer when he testified as he did re-
garding their official acts.'
Judge Nuessle then ordered the jury
impaneled and attorneys began ques-
tioning the jurors.
1r4nton's Charge
.Brinton's affidavit charge against
Townley follows:
u. W. Brinton, being duly~sworn.
on oath says: That about two weeks
prior to the date hereof, affiant talked
with A. C. Townley in the City of
St. Paul, Mimi, and again about three
days later in the City of Minneapolis,
that in said conversation with said
Townley, said Townley informed this
affiant that he would not attend this
trial nor testify thereat, nor in any
way aid the prosecution thereof. That
in referring to the above entitled
cause said Townley remarked. That's
another of Lemke's CD bulls That
the same times above noted the said
Townley threatened afaant with physi.
cal violence and injI11 Z o0ant should
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