The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-01-04
Indictment Quash
Moves Prepared

VAsJVSiU'NJ STSSutt Sv0tSS VbsOV
warrant for his arrest was sworn TO
until the time he was arrested ut
Casper, Wyo. The attorney said that
Walla had communicated with Z
friend at New Salem, the bonding
company which was protecting his
employer, and his bank In Bismarck
during that time and that no regis.
tered In hotels under his correct name
during that period.
Walla Is charged with embez1ling
approximately 5000 from Edward
q. Patterson, owner Of the Patterson
hotel.
Judge Coffey yesterday ruled. that
among other things which were done
in violation to the law during the
grand Jury investigation, the Jury It.
self was drawn In violation to sta.
tute. It is assumed that this viii Be
the chief argument Of defendants who
will attempt to have indictments re-
turned by the grand jury against
them quashed.
Judge Coffey's opinion in quashing
the indictments Thursday follow:
by THE COURT
The statement made just before
the noon recess Is q forecast Of what
my decision u in these various cases.
There are some 20 Of 50 indictments
here, as I understand 1t. I have not
counted them, but they oil grow out
Of the matters and business relations
of the Bismarck Bank, and are known
as the Bismarck Bank indictments.
There is very little difference between
the issues involved in these indict-
ments, 80 they are treated Is whole.
There are several legal reasons why
these indictments should be QuaShed.
A good many Of the ordinary hui
man and business relations and court
dealings are here involved, affecting
the method Of arriving at Justice in
our institutions, and are not ap-
plicable to the cases here As think
Of these cases. or these indictments.
I think Of the manner In which they
were initiated: how these matters
were approached. That brings us to
a consideration OF the jury system,
the system which We like to think Of
as the very foundation Of our rights
under our form Of government, and
wholly endorse the view that our jury
system Is the bulwark Of our property
and personal rights, when 1t r. prop
erly invoked. I believe that Is the
mind Of the people generally. The
bar Of this state has taken IN i'd
vanced position In regard to that
matter. and very rightfully 80. It il
the duty Of the bar and Of. the ju-
dietary to stand for these rights In all
OF their pristine meaning.
Dislikes to Comment
I rather dislike to comment upon
the method Of selecting the jury as
shown by the. record In this case. It
is not q matter involving any one
person or group Of persons. but 1t IL
q system that has been invoked &C.
cordipg TO the record IN this case for
some time, perliape In many Of the
counties Of this state, II not oil. II Is
nevertheless Z system that should
meet with the most absolute disap-
prevail Of everyone connected with the
administration Of justice.
These indictments were returned by
grand jury called upon the petition
Of the people Of this county. A grnnd
jury Is selected as an ordinary jury Is
selected, from the same box which has
been supplied with names supposedly
provided according to law. This grand
jury has passed upon oil classes Of
crimes from simple misdemeanors to
murder in the first degree. and crimes
OF all kinds In between. There Is be-
fore us an affidavit standing unchal-
lenged and unimpeached In every way
setting forth the fact that there was
q lack Of names In the box: that an
attempt was made along In August to
replenish the names by having others
selected in accordance with the law.
Notices were sent out that names
might be sent In and that the list
might be kept full, - provided by law.
It appears from the record O. It
stands here unchallenged that very
little regard had been paid to the law
in any instance with reference to the
selecting Of the jury. Some Of the
names In the jury box are the names
Of officers whose duty It was 70 &C.
lect the names Of impartial jurymen
from the poll lists Of the county. AZ
though the labor was too great. the
clerk In such case has sent In his
own name rather than 60 through the
Formally Of following the law.
In other words, utterly disresardino
the law.
Disregard An Law
So FIR a. selecting the names from
Bismarck Is concerned. the apportion-
ment heinu orae.hnN Of thu entire lid