The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-12-07
UP AGAIN TOMORROW

Judge James A. Coffey in
district court this afternoon
denied the motion of the
state to remove the last two
grand jurors drawn on the
panel and substitute two who
had been drawn but set aside
because their names were
names of women.
After ruling on this point
Judge Coffey asked attorneys f
this question: If the grand
jury panel is held void would
the petitions on which the
grand jury was called be suf-.
ficient for the calling of a new
grand jury?
After some discussion court
was adjourned until morning
while attorneys for defend
ANTS took time to examine
the petitions.
Attorney J. NJ. Hanley,
who resisted the states mo-
ton, told the court that he
wished time to examine the
petitions, "that we have been
informed that there was
fraud and Misrepresentation
in obtaining signatures to
these petitions; and many Of
those who signed them now
are sorry that they did So"
Former Governor John
Burke for the first time ad-
mitted his interest in the
matter by appearing and
arguing with the states at
torney in the case.
William LANCER suggested
the court discharge the pres
ent panel, Mr.. Hanley also as
serted there was evidence a
grand jury was wanted to |
wash political linen" and
declared a grand jury was
utterly useless in Burlegih |
county when the states at
torney had power to issue
warrants.
Mr.. McCurdy pointed out
that the petitions, if valid.
compelled calling of a grand
jury.
Hanley Challenges Panel.
Judge Coffcy opened court at 2:OF
p M. and announced there would b.
further consideration of the grarC
jury matter.
Mr.. Hanley, who yesterday allepnt
errors in drawing the jury and spc
officially objected to any appearane,
| by former Governor Burke on tn
ground he had been privately re
tanned by E. A. Hughes and other
and his appearance before the grant
jury would not be in good faith, sale
that in addition he wished to chal
lenge the entire grand jury panel on
the ground that it was illegal.
drawn, on the basis of the irregu
larities cited by States Attorney Nc
, Curdy.
1t was stated by counsel that tn
challenge to the grand jury wa
made solely for the purpose of hav
ing the legal questions brought be
fore the court.
Judge Coffey said that he had op
portunity to look up some authori
ties cited by the defendants, but no
by the other side and asked State
Attorney McCurdy to cite them. H
did so.
Mr.. McCurdy said that the objec
tions of the defense fell into thre
classes. among them that the nam
of one of the jurors drawn was mis-
spelled. He said this was not tn
test; that the test was whether the
were competent persons. He quote
South Dakota and California statue
and decisions as they, in his opinion
affected North Dakota grand jur
rulings.
Mr.. McCurdy said one of the re-;
sons he raised the question yestcr
day was to give all persons a chanc
to act. so that the court might b
informed and so that no mistak
might be made. He said that he bd
lieved that regardless of whether tn
court granted his motion to amen
the grand jury drawing or not he be
lieved that it was valid grand jury
Burke Assists McCurdy.
Mr.. McCurdy said that forme
Governor Burke was in court an
wished to make a statement concern
ing the statements Of Mr.. Hanley.
Mr. Burke appeared before Judg
Continued on Page Three)