The Bismarck tribune., 1933-10-06
Government Offers
Relief Road Jobs
TESTIFY REVISED
PETITION USED AS
COPY BY WALSH
Trial OF Bismarck Man or
Charge Of Using Mails to
Defraud Begins


Testimony to the effect that James
p. Walsh used q revised copy or the
beer bill petition printed for the Asso-
citation for Legalizing the Sale Of Beer
as copy for petition which he had
printed three days later was giv-
en- In federal district court here FRI
day forenoon by two employees Of the
Bismarck Tribune company.
Walsh, young Capital City man,
faces charges Of using the mails to
defraud In connection with his alleg-
ed circulation OF alleged fictitious beer
bill petitions.
L. F. Bechtold. assistant manager Of
the Job department Of the Tribune
company, testified that Walsh placed
his order for the petitions on last
May 5, three days later than officials
Of the Association for Legalizing the
Sale Of Beer had placed their order.
His copy" Bechtold said, was q
printed copy Of the associations Pc
tition, revised with pencil marks, most
Of which were made In his presence
By Walsh when the order was placed.
Walsh ordered 5000 copies printed,
Bechtold said. He also testified that
5000 copies Of the first petition had
been ordered by the association.
Bechtold testified that Walsh had
delsted parts Of q phrase In the pro-
posed initiated measure to legalize the
sale OF beer which gave authority to
the governor Of North Dakota to ap-
point the beer commissioner.
Wanted More White Space
Walsh also requested more white
space below the names Of the commit
tee to represent the petitioners, Bech-
told said, but under ross-examination
Of John =. Sullivan Of Mandan, who
is associated with Thomas j. Burke OF
Bismarck as defense counsel. could
not recall whether Walsh explained
why he wanted more white space.
Tracy Nelson, assistant Job press
man OF the Tribune company, testi-
fled that he delivered printed mater
tal on May 6 to room designated by
Walsh in residence at 412 Fifth ST.,
Bismarck. Bechtold previously had
testified he requested Nelson to de-
liver the petitions ordered by Walsh.
Three other witnesses called were
G. p. Stone of Fargo, who called q
convention In Bismarck last April "a
Of county representatives, which or
ganization later became known as the
Association for Legalizing the Sale Of
Beer; A. G. Sundfor of Fargo, who
was named permanent chairman Of
the convention and chairman of the
conventions executive committee; and
D. E. Shipley Of Bismarck. who be-
came secretary-treasurer of the con-
vention and executive committee.
Sundfor and Shipley testified that
the executive committee was delegat-
ed by the convention to choose name
for the organization and take steps to
legalize beer. The committee retain
ed ]. M. Hanley Of Mandan, member
Of the committee. and Usher L. Bur-
dick, then an attorney at Fargo but
who now resides In Bismarck, to draw
up the associations petition, assisted
by Sundfor, Shipley and Fred Peter
son Of Bismarck.
Care No One Right
Sundfor and 6hipley testified they
had given no one outside Of their
agents the right to use the names Of
the associations committee on peti-
tionS.
An objection to this testimony by
Sullivan was overruled by Judge An
drew Miller. Sullivan argued the tes-
timony was irrelevant" In view Of the
fact that the constitution Of North
Dakota gives anyone circulating Pc
titions the right to use any names he
desires as the petitioners committee.
Four exhibits were introduced III
evidence by the prosecutors, District
Attorney p. w. Lanier and his assist
ant, Harry LaShkowitz Of Fargo: No.
/. record OF the meetings Of the ex-
ecutive committee Of the association:
No. z, the printed petition ordered by
the association: No. 8, copy" for the
petition ordered by Walsh; and No.
I, the petition as printed for the de-
fendant.
Members Of the Jury are John
Brown Of Killdeer: Peter semingson
Of Crosby; p. NJ. Bjugstad Of Finley;
Louis E. johnson Of Grand Rapids;
II. q. Proctor Of Jamestown: Adam
+. Mischief Of Richardton; Otto Marchl
and Charles r. Marvin Of HankinSon:
Harve Robinson and william J. Dick
inson Of Dickinson: Glen H. Collins
Of West Fargo; and Curtis Peterson Of
Raub. 81.
Before the Walsh trial began Friday
morning, Judge Miller. at the request
Of District Attorney Lanier, ordered
issued . bench warrant for the arrest
Of francis Winter. facing . statutory
count.
Ars. George J. ShArff Of Wishek
.1as fined q for sending obscene lit
srature through the mails.