Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-06-24
ATTORNEY FOR I,
STATEN BOWEN
CASE Gus I'D Fl
Regarded as First Political
Move in Famous Murder
Case. ss4
Senator Peter Garberg, the
League Floor Leader, IS
Substituted. &,
~
'IA.IEjH
49,. So
(Herald Special se,v,oe. !, /.

Attorney Oppergard of Golden Valley
county, the legally constituted prose-
cutor OF the alleged slayers of M K.
Bowen. has been disqualified by Judge
n. L. Berry. and Senator Peter Gar
berg, one of the league floor leaders
In the recent session Of the legislatures.
has been substituted by the Judge a.
the representative of Golden Valley
county. @
The trial of D. R. offley for COM
plicity in the alleged murder Of N. K.
Bowen opened late yesterday after
noon. The final juror was selected at
3 o'clock, after the opposing attorneys
had spent four days. since Monday
afternoon. examining and rejecting
several score of talesmen.
The disqualification of States At
torney Oppegard injected what is held
to be the first political move In the
case. Of which much political capital
has been made by the Nonpartisan
league since the date of the shooting.
Sustatns Ob3action.
Attorney L. A. Simpson, who claims
he is the representative Of Attorney
General William Lemke. objected 10
states Attorney Oppegard having to
90 with the prosecution. Oppeg1rd
denied he was disqualified. He ad-
mitted that he had been employed in
the Law offices of Kohane & Jones a&
Beach, and that Attorneys Kohano
and Jones were originally retained BY
D. r. Offley. z. w. Taylor, q. R
Jeffrey. and Ira J. Stark to defend
them However, he claimed, he had
nothing to do with the case. Szhoe-
quently he was elected states sttor-
ney. Because OF his connection with
the law offices of the defendants
counsel he was held to. be disqualified
by l. A. Simpson. Judge Berry eus-
by l. A. Simpson. Judge Berry sus-
tanned the objection.
Attorneys J. F.. Sullivan and T-sF.
Murtha, who are defending the al
legged slsyfrs of Bowen, insizted that
tRs dsssete vss The 80 IS the as,s.
made: that il Mr.. Oppegard had any.
Information at all 1t would be cozh-
dences which would, il anything, BE
detrimental to the cause of the de-
ense. Attorney Sullivan insisted tho
defense raised no objection to Oppe-
CARDS connection with the case.
Judge Stands Pat.
However. Judge Berry stood pat and
held the states attorney disqualified.
He then appointed Attorney P. Gar
berg of Hettinger Adams county, to
represent Golden Valley county, re-
fusing to name any other Golden VAL
ley attorney. saying they were not
handy. Attorney l. A. Simpson tipped
his political hand when he declared
that he had already taken the matter
up with Mr.. Garberg, and the appoint
ment would be satisfactory to the
prosecution.
Attorney S. L. Nuchols, formerly OF
Mandan, is also connected with the
prosecution. He averred that he had
been retained by former Attorney
General William LANCER to conduct
the prosecution of the case, and the
LANCER retainme Mt had been approved
and continued by the present attorney
general, William Lemke.
Ofney First Up.
After the attorneys representing the
state refused to try all cases in one
action, the counsel for the defense
moved that w. E. Taylor be the first
defendant to be placed on trial He
has been in Jail for long time. and
it was only fair that he be given the
first trial, was the plea.
Judge Berry, however. held with
the league appointees that they could
name the defendant, and D. r. Offley
was placed on trial.
First Witness Called.
Following a lengthy statement to
the jury and the COURT Attorney L. A.
Simpson of Dickinson late yesterday
afternoon called j. Mcclure as the
first witness Tor the state. He was
under cross-examination by the de-
fense this morning.
Mcclure told of being at the Bowen
farm when the hired man of D. r.
Off1ey came over to get cattle held by
Bowen. He was told to tell Off1ey to
j come and get them himself" Mcclure
testified further that he was to the
Bowen farm after the shooting July
81. 1919. and that he picked up five
e. G~r> ~ >1l~ La
! ty-two caliber shells the forty I'VE
shells fitted the gun of Taylor's. who
was accused of the actual killing, but
he could not connect UP the 80 cali
Der shells in any way.
The defense will attempt to pro1D
that Bowen was shot by Taylor in
self defense after he threatened with
gun four men who called at his
farm with replevin for the cattle
held Af str ~ 5F