The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-01-03
GRAND JURY DRAWN
BY UNUSUAL MEANS
JUDGE COFFEY SAYS
Method Of Selecting Jurors
Names Was In Total Dis
regard of the Law
CITY TELEPHONE BOOK USED
indictments Defective, and De.
PENDANTS Put In 'unfa.
vorable Position

WI 0Ou0 Y UV0VSJObt
Motion to quash indictments Of !
p. Baker, George H. Russ, Jr., ant
other officers Of the closed Bismarck
Bank, were sustained by Judge james
A. Coffey In district court here to.
day.
The defendants, together with Ben
ton Baker, son Of /. p. Baker, and
Arthur G. Wilkinson. were indicted
by the grand jury on charges Of re-
ceiving deposits In an insolvent bank
and conspiring to receive such de.
posits.
In addition Russ and Wilkinson
were charged with embezxling $500
OF the banks funds.
The decision Of the court brings tc
nothing. tn SO far as the bank cases
are concerned. the work Of the grand
jury which was In session six weeks
and which cost the county almost
5000.
Before quashing the indictments,
Judge Coffey stated in court that
many irregularities vitality affecting
the rights Of the defendants appeared
in the case.
He said that the methods adopted
IN securing names Of jurors was OF
q most unusual character" The
method adopted, he said, In securing
names to go In the jury box was "a
total disregard Of all law, the names
being taken from the city telephone
book at the option and choice Of one
man.
He said that the special assistant
attorney general appointed to aid the
grand jury investigation had had I
previous connection with the bank
depositors.
He said that practically all details
IN the case put the defendants In an
"unfavorahle position and that the
indictments were defective In that
names Of witnesses before the grand
jury were omitted.
Motion to quash the indictments
was entered yesterday morning and
afternoon and arguments were con.
Quoted yesterday afternoon and this
morning, the arguments closing at
1l:20 q. m. today.
The four defendants, who face %
indictments. are I. p. Baker, Benton
Baker, his son, George Fl. Russ. Jr..
and Arthur G. Wilkinson.
!. r Baker was represented BY J. N.
Hanley and John Sullivan. Mandan
attorneys. and Russ was represented
BY Edward B. Cox and Gordon Y.
Cox, Bismarck. The motion was made
by both firms.
Judge Coffey this morning denied
that F. E. McCurdy. states attorney.
nad tour times moved that the former
bank officers be arraigned. He said
that McCurdy's first motion was made
last weekend.
!. p. Baker and George H. Russ. Jr..
were present in court yesterday and
today during the presenting Of the
motion and arguments.
The embezzlement charges against
George II. Russ. Jr., and Arthur q.
Wilkinson were also included IN the
Judges decision. It was establisl1ed
mat no personal charge was intended
Mr.. Russ and Mr.. wilkinson
md the basis Of the whole charee
vas 2 technical proposition involving
me method OF handling q Mjuuesota
oankS cashier check turned over to
ne bank for collection, and tho credit
or which was In the bank n the
'ooks at the time the bank closed.
The motion to quash charged that
ne indictments were not found. en-
lorsed and presented, or filed q pre.
cribed by Law: that the names Of
he witnesses examined before the
rand jury were not inserted ia the
ndictments; that persons were sl-
owed IN the jury room unlawfully
vhen the jurors were considering the
harges: that the defendants had not
zen held TO answer before any court
!efore the finding Of the indictment:
nat the said grand Jury was not
allied under the provisions Of tho
Nv; that certain Of the jurors Wera
ot lawfully qualified: that the grand
lry was not legally constituted: ttat
lany Of the jurors were In the poei-
lon OF prosecutors: that certain of
he jurors acted partially: that oue
the jurors was under Z suspended
lil senteuce and that the prosecl,tore
kerted pressure on him to vote fx
adictment: that the grand Jury re-
eived testimony that was not liver
y witnesses produced ana sworn ~
re the jury: that John Kuauf, spe-
=! prosecutor aiding the grand hurry.
% been connected with the depoej.
NJ ~ the closed hank PREVIOUS. q
- grand jury Investigation: that
1e states attorney nequoGted tho ~
'rney general to appoint Knau1 q
'ecial assistant: that depoettorS hid y
lstttuted false runner that recur1e
the Bismarck Bank had boon sN1th.
~ from the inspectiou e - ~.
pettorS: that tho depoG1tog8 pg4c u
- calling Of the grand Jury ~ 81:
eevcrod to have the 6oeen1n
harged with oclne criuainnl of31
vt thy might b pCog1clto4 c.
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