The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-05-12
M'KENNA RULE
ISATTACKED
IN PETITION
Statute of Limitations Has Elk
pired on Some Scandina-
vian-American Cases
WOULD ESCAPE TRIAL
New Cases Could Not Be
Brought on Some Charges
Against Lofthus, Others

Petition for a review Of the action
of Judge George NJ. Mckenna in dis
missing indictments by the Cas-
county grand jury in connection witt
the alleged wrecking of the Scandi
navian-American bank of Fargo wa
presented to the supreme court this
afternoon by Attorney Genera
George Shafer, and Special Assistant
Attorney General George A.. Bangs.
The petition asks that the supreme
court issue an order to Judge Nc
Kenna requiring him to show cause
why the further order should not b"
issued, requiring that the records il
said proceedings be certified to the
supreme court, and that the said OF
der dismissing the indictments b
set aside and in lieu thereof there
be entered an order Of the distrit
court dismissing the motions to st
aside the indictments together wit
such further relief as the suprem
court may deem just.
In support of this petition the at
torneys for the state claim tha.
Judge McKenna erred in several of
his rulings made in setting aside the
indictments; namely that the grand
jury should have segregated each Of
fense and defendant SO far as the
hearing of testimony was concerned;
that the names of all witnesses ex
amined before the grand jury should
have appeared on each Indictment,
and that the name OF Attorney Gen
eral Sveinbjorn johnson should have
appeared as a witness on all indict-
ments found against F. w. Cathro.
No Appeal From Order.
1t is further declared that there is
no appeal from the order of Judge
Mckenna and that there is no othel
adequate remedy and no method b
which the order may be reviewed, r.
versed or modified except by ord
of the supreme court.
The petitioners also point out TIL,
since the final adjournment of IT,
grand jury on May 1S, 1922, the st,
tute of limitations has run again
a number of the offenses charged IL
the indictments. These include tho
charge of perjury against o. E. Lof
thus, the charge of making false r
ports against P. R. Sherman, II. Be-
Hagen, Lars Christianson, and n. g..
Eggen, and the charges Of false e
tries against Hagen, Sherman, Egge
A. c. Townley and H. A. Paddoci,
This means that unless the order
Judge Mckenna be reversed or mos
fled these men would escape all pro
ecution for the offenscs specified
In the other cases involved, ins
tuting new prosecutions either
preliminary examination or by CT
ing Il new grand jury would cause
great and needless expense on t..
taxpayers, it is pointed out, and gr.
delay would be caused as from
to so witnesses must be called
that there would be great inconvc
ience, and delay to the business
the courts.
Setting forth the facts in conn,
tion with the finding of indc-
ments by the Cass county gra
jury the petition states t.
witnesses were examined in order
the various questions before
grand jury, first as to the insolvel
of the Scandinavian-Americ ba
then as to whether or not depos
had been received after the bank !
become insolvent, then as to
questions of false entries, false
ports, etc, in their regular ordey
1t is also pointed out that v
nesses were examined by the gr;
jury touching possible offenses Tor
which no indictments were retur, cd
and that the names of these WI.
nesses were not endorsed on the
dictments.
JOhnson's Appearance.
The appearance of Attorney Gen
eral Johnson before the grand juS
is dealt with at some length and
it is stated that he gave testimor
before that body only on the ques
tion of F. w. Cathro's claiming his
constitutional rights in regard 50
giving testimony. His name is net
endorsed on any Of the afidavits. TIE
testimony Of Arthur LsSueur is al
dealt with in the same way, L.
Sueur's testimony having dealt on Y
with matters occurring prior to his
becoming an Investigator for, the
state in connection with the Scand
navian-American bank wrecking it Is
claimed.
"There was introduced before the
grand jury, ample. competent evi.
dence to justify the grand jury in
finding and presenting each and
every one Of the indictments in que. !
tion-this fact has not been chal-
lenged at any time by any Of the de-
PENDANTS" says the petition. d
The petition is made in the name
Of Attorney General George Shafer
(COntinuAA Nn pann II ~