The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-06-24
M'FARLAND ORDERS
RAY POTTER TRIAL
TO M'LEAN COUNTY
District Judge States Selection
I OF Unbiased Jury In Bur. I
leigh impossible
PREVENTS ADDED EXPENSE
Believes Washburn Offers Sat.
!, isfactory Place for sensa.
tional Murder Trial

Ray Potter will face second trial
for the alleged first-dcgree murder Of
Oliver Webb in Mclean county. prob
ably Washburn. The time has not
been set.
Judge r. g. Mcfarland announced
today the granting Of q change Of
venue after consideration Of the mat.
ter since May 81 when counsel for the
state made q motion for change Of
place Of trial.
In q memorandum decision. Judge
Mcfarland stated that 1t would Be al-
most impossible to select q fair and
unbiased jury In Burleigh county to
sit in the second trial and that It
would promote the ends Of justice to
change the place Of trial.
In the first trial held In December,
1928, the jury was unable to agree on
Q verdict. The state then asked that
the second trial be held outside Bur.
leigh county, contending that public
interest had been aroused to such an
extent that it would be impossible to
select q fair and impartial jury.
bitterly Fight Application
The defense bitterly contested the
application citing the fact that the
defendant has the right to be tried
In the county Of his residence.
In his memorandum, Judge NC
Farland pointed out that the first
trial lasting 20 days had been given
widespread publicity and that many
citizens had formed opinions Of the
merits Of the cause
THAT the interest In the trial and
the facts involved have permeated all
classes Of people residing In Bismarck
ana that this condition exists
throughout Burleigh county.
Selecting Jury Hopeless
"T11at the present states attorney
under oath states that 1t would be
impossible to obtain q jury IN Bur
leigh county. that he's not e{oemoAtAn
opinion as to the guilt Of innocence
Of the defendant which would dis
qualify jurors from serving In this
case"
Other facts pointed out by McFar-
land are: That the extended ac-
quaintanceship Of both Potter and
Webb has unduly aroused public In
terest; that evidence offered In the
first trial has been widely dissemin-
ated by press and private converse
ton; that 1t would be an added cx-
pense to endeavor to select jury as
It would be necessary to call q great
number Of prospective jurors.
1.-THE place Of trial, II had In NC.
Lean county. will be but IS miles dis
tant from the residence Of the de.
fendant. and many Of the witnesses
and persons necessarily interested IN
view Of our present modern methods
Of travel, will not be seriously bur
dened by. distance or unusually added
expense" Mcfarland stated.
Covers Wide Territory
Mclean county includes territory
from q wide field from which satis-
factory jurors may be drawn. The
court believes Mclean county Is the
most convenient. opportune and sat-
isfactory place Of trial"
George 8. Register. Burleigh county
states attorney. and John F. Sullivan,
Mandan, special attorney general,
represent the state. Scott Cameron,
Bismarck, and L. H. Connolly, Man.
dan, are counsel for the defense.
The first trial was one Of the most
sensational in the history Of Bur-
leigh county.
shooting Occurred Oct. 70
In the early morning hours Of Oc.
tober q, 1928. Oliver Webb was shot
In front Of the Ray Potter residence.
He died q few hours later In = local
hospital from gunshot wounds.
Potter and Webb were close friends.
webb was the son Of pioneer mer.
chant Of Bismarck. Potter was en-
ployed In the Webb store. They had
spent part Of the fatal evening to-
gether.
The state contended that Potter
shot Webb deliberately and In cold
blood.
The defense contendcd that the
shooting was an accident, partly due
to the fact that Potter had been un.
der the influence Of intoxicating liq-
uor.
The next jury term Of Mclean
county district court will be held ct
Washburn beginning July 3. 1t was
announced this morning by Judge
Mcfarland. Judge Fred Jansonius
viii be the presiding Judge, but It y
not definite who will preside during
the pokker trial.