The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1924-10-24


kinS and TimmOns. Chester Beiseker
confessed the whole transaction be-
fore Arthur Rueber, Charles E. Tay- |
lOr and Attorneys Wheeler and Vol
lum. It seemed that the case was
complete. L. J. Onstad was the local
attorney for the Beisekers and for the
Commissioners.
But here the judges got in their
work.
ENTER JUDGES
Judge Conner did not call term of
court for over a year. When he could
delay no longer, Watkins and Tina
mons and Beiseker petitioned the
Court for a change of venue as to
counties. About half a hundred af-
fidavits were secured from the old
gang henchmen, including L. J. On
stad, Beiseker's lawyer, to the effect
that these gentlemen could not get
a fair trial in Sheridan, Daniels,
Roosevelt, Richland or McCone coun-
ties. The affidavits were mostly from
Sheridan county, a number from Dan
iels county, probably half a dozen
from Roosevelt county, and none at
all from Richland and McCone coun-
ties. One man in Roosevelt county,
said in his affidavit that he had trav-
eled in Richland and McCOne Counties
and made inquiries and he found great
prejudice against the defendant there
that would prevent a fair and i'm
partial trial The basis of this preju-
dice was the unfavorable publicity Civ
en- to the defendants by the Producers
News. The paper had four subscrib-
ers in Richland County, three in Nc
Cone County, six in Valley County,
and three or four in Philips County.
The state filed counter afidavits, many
of them showing that fair trial could
be secured in Sheridan County, or
Roosevelt County, or any of the other
counties. L. J. Onstad secured most
7 of the affidavits.
Now the law provides that in case of
change of venue as to counties, that
the Judge shall set the case down for
trial in the nearest county in which
the prejudice does not exist, and that
the affidavits showing prejudice, must
states positively the existence of the
prejudice, and heresay and belief may
not be set up. The existance of pre-
JUDGE in Richland and McCone Coun-
belief by the friends of the defendants
which in reality was false. Judge Com
er heard the motion and granted it anC
set the case down for trial not in Daw-
son County, or Valley County the
nearest Counties, but in Philips Coun
ty, in Judge Borton's district The
reason for avoiding Valley County is
not known, unless it was because
Judge Borton did not want to do his
stuff in his home town. The defend
ants did not want Judge Leiper t.
try their cases, that was the reason
the fake showing was made as to Rich
land and McCone Counties, Judgl
: Leiper's district. The defendants want
ed Judge Borton to try the case fO-
the reason that Borton's later acts dis
closed. L. J. Onstad played a prom
inent part in the act.
The cases were set for trial il
February 1922, at Malta, but distric
court was also in session at the same
time in Plentywood Lawyers 70,
both sides were busy on the first tern
that had been held for over a year
The cases at Malta were continued
by Borton until April. At this time
Commissioner Watkins filed a sick Ger
tifcate signed by DR.. Jones Of Willis
ton, North Dakota, setting up that h
: was so i'll he could not stand trial
Sheridan County fought a continuance
and filed counter affidavits, but Judg,
BortOn granted Watkins the contin
uance, when Timmons asked for a con
tinuence, setting up that Watkins wa!
a material witness, which Judge Dor
ton granted. Beiseker was ready fol
trial, but the state wanted to try the
cases altogether, for it seemed thai
evidence might be brought out in one
trial available for use in the others
all cases we're again continued. On the
very day of the hearing, when Com
Matkin was too sick to attend trial, h
: hauled wheat from his ranch to the
elevator all day.
In May, 1922, the Sheridan County
State Bank was re-Organized and re
opened, after a purported settlement
with Sheridan County by L. L. Bel
seeker. When the receivers, Oscar Gul
dickson and Lou Nelson were dismissed
by Judge Conner, attorneys Vollum.anC
Wheeler and County Attorney Erick
son appeared before Judge Borton anC
asked to have all of the records of the
bank relating to the cases agains
Watkins, Timmons, Beiseker and Mo
vious impounded in the district cour
awaiting use at the trial. This thu
defendants resisted-a thing that i
done everywhere. The state Offered
the bank certified copies of all records
IN place Of originals. Judge BOrtol
refused the request of the State anC
ordered all documents returned to tn,
possession of the Sheridan County
State Bank, and frowned upon the
suggestions that the records would
probably disappear before the tria
took place. So the original records
were returned to Assistant Cashier
Oscar Gullickson, the ex-receiver o.
the bank. Geo. Hurd and L. J. OnstaC
opposed the impending Of the evi-
dence.
Autumn of 1922 passed and there