Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1921-06-22
-SMALLEY ACQUITTED BY JURY.
TRIAL INDICATES BANCROFT
COURT TERMS LEAFLET FLAGRANT VIOLATION OF
LAW.--JUDGE- ELECT FREED OF CHARGE
CASE MAY GO TO SUPREME COURT.
TRIAL SIDE LIGHTS.


(Some interesting points on the
trial are brought out in an article
written by Edward F. Helm, etaff
writer for the Wisconsin State Jour
nal.)
Side Lights on the Trial.
On the first question as to whether
Smalley personally published or cir
culated the statements headed "Why
Judge Bancroft should not be elected
circuit judge" the jury voted mo
unanimously on the first ballot. On
the second question as to whether
Smalley was responsible for the cir
culation or publishing of the article,
the jury stood, 10 to 2, then II to /,
and then voted acquittal.
The violation Of the corrupt pract-
ice act by Ada James, P. L. Lincoln
and others of the Richland Center
group was undisputed by the defense
and Judge Reid announced that it
was "one Of the most fragrant viola
ions of the act"
The defense did not attempt to de-
fend the Richland Center group for
their actions in the campaign. Arthur
Kopp, counsel for Judge Smalley,
made it as his sole contention that
his client was not responsible for the
actions of those whom he said worked
more to defeat Judge Bancroft be-
cause of personal enmity han to sup
port Judge Smalley, although the lat
ter happened to be the beneficiary OF
their actions.
Il hold no brief for Ada James. If
-,+r 70 ~
[ hold no brief for Lincoln and if the
state wants to arrest him, it can. But
| object to Judge Smalley being made
the goar," was his explanation.
Mr.. Bancroft asserted that he was
satisfied with the results of the trial
inasmuch as it indicated his public
record. He referred to the testimony
of Ada James, who admitted being
one of the authors of the anti-Ban-
croft literature, that the material she
had placed in it had either come from
hearsay or newspaper accounts and
that in one instance she had discov-
cred that information which she had
placed in the circular she since found
was untrue.
With Smalley's permission the
Richland Center women and Pearl
Lincoln had published the records, of
the two men running for judgeship
at the spring election. On request
Judge Smalley had written his own
record and furnished it to the women,
Ada James and Lincoln, admittedly
two bitter enemies of Bancroft, wrote
his record for the campaign.
The failure of the state to establish
connecting link between the Rich
! land Center group and Judge Small
| ley to the satisfaction of the jury
caused the release of the judge from
the charges yesterday. Although a
letter was introduced that was writ
!; ten by Smalley to Ada James in
which he stated that the voters had
| the right to see the records of both
/ Bancroft and himself, the jury found
that Smalley was not responsible fol
the action of those who worked in his
behalf and found that the publication
/ of the statement was not authorized
by the Judge. Judge Smalley admit
| ted that he had seen the literature
! condemning the record of his oppon-
ent during his campaign.
/ Attorney Clifford pointed out that
he believed that Judge Smalley had
no duly qualified campaign commit
tee He asserted that any candidate
could tell his friends to Ego to it
during campaign and himself re-
main aloof from making charges di.
rectly and would not suffer from the
consequences under the defenses in
| depreciation of the corrupt practice
act.
The trial of Judge Smalley invol-
we'd peculiar situation, according
to Judge Alexander Reid who tried
the case. The examination of jurors
as to their utilization with political
camps was barred from their exam
/ nation. The jurors were selected
from Grant county only, which is the
county of Judge Smalley. Technical-
| ly at least, each of the jurors ha6
either favored one or the other of the
! two men at the spring election
When examined some stated that
they had heard of the charges against
Judge Smalley and had formed opin-
| ion but stated that this would moi
bar them from giving the judge al
/ impartial trial and they were allowed
to hold their seats.
Another angle of the case is thai
Grant county has with the exception
of few years been the home OF the
circuit judge of the circuit which en-
braces five counties. Several Of the
| jury came from within few miles
of Judge Smalley's home, Cuba City
Smalley carried his own city by big
majority in the election, his opponent
getting only Is votes.
THE personal rights and interests
of the candidates at this election is
of small Importance as compared with
the Importance of maintaining the
purity of our elections and also espe-
cially of preserving the Office of pre-
siding judge of this court without re-
proach," Judge Reid warned the jury
before they retired yesterday. BE
! careful, therefore, to lay aside al
matters of personal or political pre-
ference in respect to the candidates
and bring your minds to bear solely
upon the very questions which are