The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-03-10
DEMURRER TO
INDICTMENT IS
HELD NOT GOOD
Judge Miller Overrules OBJ
lection in Jones Case;
Proceeds to Trial
MAY BEGIN MONDAY

Although holding one count OF tae
governments indictment of c. X.
Jones, former assistant cashier of
the City National Bank, % be de-
fectivc, Judge Andrew Miller in fed
cra] court today held seven other
counts to be good, and overruled
the defendants demurrer. Tao de-
Tense then filed a demand for a bill
of particulars in the case, which
was granted. District Attorney Hill
drcth said it would take sometime
to complete the bill of particulars
and the trial could not well pro-
coed before Monday or Tuesday
Judge Miller ncld one count of an
indictment against f. 0. Hellstrom
involving alleged lack Of payment
of government tax on receipts OF
the former Rex theatcr, to be de-
fectivc and held one count of the
indictment to be good. Trial of this
case will take place at this term of
court.
While getting ready for trial of
the Jones case, District Attorney
liildretn moved to proceed with trial
of James Root, charged with sell
ing liquor to Indians at Fort Bert
hold reservation.
Exception to Rule
Judge Miller said that if the
Jones indictment were sustained lt
must be sustained on the eXccP-
tion to the rule, in beginning his
remarks on tne demurrer presented
yesterday afternoon. 1t has been 4
rule that indictments must descend
into particulars, he said. The ex-
; ccption to the rule was wnerc the
person charged is a public official
or officer of a corporation, or hay.
ing supervision over some part OF 1t
wnere the person was not under the
immediate supervision of the en-
ployer, and where it might not be
possible to descend into particulars
The rule, he said, had been settled
by the United States Supreme Court.
The Jones case was held to come
within thc exception to the rule and
all counts of the Indictment except
one were held valid The second
count was held defective, the court
stating there evidently was an omis-
sion of the most important part of
the count in the typewriting.
Must File Bill
George Bangs, counsel for Jones
then requested bill of particulars
be filed stating in detail the charges
of embeZzl ement of $17,S66.60, which
: the government charges.
District Attorney Hildreth pro-
tpStpd Judpa Millor said no comic
see no good reason why such a bill
should not be furnished. District
Attorney Hildreth, after consulting
with representative of the nation
al banking department, said that il
would take sometime to furnish this
and wanted the case to go over un-
til Monday or Tuesday.
In his decision on the demurrcrs
flied in the Hcllstrom case, Judge
Miller said the Indictment conflict
: ed in that it charged cmbezzlement
in the second count and violation
of the national revenue act, or q
misdemeanor, in the first count
Since the national revenue act APP
piled specifically to the case
charge of failing to turn in govern
ment tax money-this act prevailed
The second count was dismissed and
the first held good. The government
charge, he said that the defendant
, was secretary of the company and
had charge of the funds, must be
proved on trial. The defendant den
les that he was responsible or had
control over the matters alleged.