The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-05-31
M'FARLAND DELAYS
OPINION ON POTTER
CHANGE OF Venue
Bismarck Business Men State
Fair Trial Can Not Be Sc.
cured in Burleiqh County
22 AFfIDAvIrs SUBMITTED
Prosecution Declares Most OF
Prospective Jurors Are
UnduIy Influenced

After hearing arguments IN Bur.
leigh county district court this after
noon on the states motion for q
change OF venue In the second trial
Of Raymond E. Potter, Judge r. G.
Mcfarland announced that he would
make no decision on the motion until
after 8 p. m. Monday, June 3.
In making the motion for the
change Of venue, George 8. Register
states attorney, submitted affidavlts
signed by 10 prominent Bismarck
men in which they expressed the
opinion that q fair trial could not be
secured in Burleigh county.
Having less than two hours after
II q. m. today in which to secure
affidavits signed by Bismarck busi.
ness men expressing the opinion that
q fair trial could be secured in Bur-
leigh county, Scott Cameron and
Louis H. Connolly. Mandan, defense
counsel, submitted only three afft'
davitS In rebuttal.
First Jury Disagreed
Potter is charged with first degree
murder in connection with the fata
shooting Of Oliver Webb in Bismarck
Oct. q, 1928. The jury disagreed II
hi. first trial here last December.
Because Judge Mcfarland desired
4 reasonable amount Of time in which
to consider the motion, the case wa
carried over to the next term Of Bur-
leigh county court. Prosecuting ane
defense attorneys may file additiona
arguments with the court up until
p. m. Monday. the Judge ruled.
Register and John Sullivan. Man
dan, prosecuting attorneys, and thu
10 sieners Of the affidavit claimes
that Burleigh county. In their belief
could not give Potter fair trial be-
cause the acute interest evidencet
here almost daily since Oct. n II
street conversations and newspape
articles had influenced = great man.
,rrospsctiye Jurors in favor Of o
against the defendant. They claimed
that because Potter, his attorneys
and Webb have lived in this commun
its 20 long and are known by 8
many, most Of the prospective juror
would be influenced unduly.
Newspapers Influenced Area
The motion asked for change o
venue from Burleigh to some othe
county in the state outside OF tn
fourth judicial district, claiming tina
the whole judicial district and tn
western part Of the state have beel
influenced by articles concerning tn
case published in Bismarck ant
Mandan newspapers.
Declares Papers Neutral
Cameron claimed that every dali.
paper in North Dakota and Mime
apolis and St. Paul carried detailc'
accounts Of the case, thereby givini
all points in the state good review
Of the case. He claimed that Bis
marck and Mandan newspaper
treated the whole case in so neutra
q manner that prospective juror
could not possibly have been influ
enced one way or another in the case
Cameron also stressed the allega
ton that the defendant should no
be subject to so great an expens
Is would be incurred in a change o
venue. He explained that more thai
20 witnesses on each side of the cas-
necessarily would be forced to NOV
with the trial, mourning q great ex
pense and causing great incon
venience.
Upon completion Of the argu
ments, Cameron moved that tn
grand jury indictment charging
Claude Rossen with keeping an
maintaining . common nuisance q
. second offense be dismissed be
cause Of irregularity in the filini
OF the indictment by the grand jur.
last December.