The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-03-09
L. A. Simpson, Defendant, Ar
CUES for Himself and Har-
tung Before Judge Miller
ATTACKS INDICTMENT
District Attorney Hildreth Re-
plies to Accusation Grand Jury
Proceedings Irregular

To what extent the secrecy Of the
federal grand jury can be penetrated
in support of motion to quash ar
indictment is the issue before Fedora
Judge Andrew Miller in the plea OF
Leslie Simpson of Dickinson to have
an indictment dismissed against him
charging him with conspiracy to OBJ
struct justice.
Mr.. Simpson introduced in support
of his contention that the government
used hearsay and improper evidence to
indict him on, an affidavit from grand
juror who served when the indictm ent
was found. It was contended in this
affidavit that Col. Hildreth introduced
as material evidence statement from
u. j. Sewell serving term at Leaven-
worth and that Hildreth promised to
have Sewell in court when Simpson
was placed on trial.
Leslie Simpson argued his own mo-
tion citing many authorities in his at
tempt to show that it was a legitimate
function of the court to inquire into
the proceedings Of the grand jury.
Opinions were introduced that tended
to show that under certain circum-
stances it was right and proper for
courts to scrutinize the conditions sur
roundings the finding of an indict-
ment.
There were several lively, tits be-
tween Col. Hildretl who attacked the
sufficiency of the grand jurors affi-
davit and Leslie Simpson. Col. Hill
dreth declared that Sewell was not the
only witness brought before the grand
jury but that the others and in his
opinion competent witnesses were
summoned Some from Beach he said
were there and from other points along
the Northern Pacific railroad.
Mr.. Simpsons chief argument in his
motion to ;quash the indictment was
directed against alleged irregularity OF
the grand jury proceedings and the
nature of the evidence of one Sewell.
He appeared as counsel also for
Hartung, former sheriff of Stark
county. J. K. Murray appeared witt
Mr.. Simpson.
The indictment against Simpson was
returned November 2, 4191 s. r All issues
involved were taken under advisement
by Judge Miller.
History Of Case.
This action is the outgrowth OF the
trial of A. B. Boxrud, Northern Pacific
freight conductor; Fred and Ray
Youngblood and L. J. Sewell, who
were charged by the federal govern
mont with robbing freight car be-
tween Dickinson and Beach, N. D.,
from which It is said, goods consist
ing of enough merchandise to furnish
a store, and valued at about $2,50O
was stolen. This is alleged to have
taken place In July, 1913.
In the complaint against Messrs.
Simpson and Hartung, it is charged
that they conspired in inducing Fred
Youngblood and Sewell into the mill
tary service, after the arrest of the
offenders for the purpose of evading
justive. Simpson appeared as defense
counsel for the men and Hartung was
on the draft board Of Stark county.
The men went to tae army, but
were returned on complaint of Mr..
,Hildreth. They stood trial and were
convicted. Fred Youngblood, L. j. Sc
we'll and Ray Youngblood, were given
sentences of three years each in the
penitentiary. The first two named men
died in prison during the Influenza
epidemic in 1918. Boxrud was tried,
but was acquitted. rHartung and Simp'
son were indicted by the federal grand
Jury, and were released from custody
under bonds. sr% .s# .