The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-10-11
WALSH HELD
| And FINED 500 in
BEERPETITIONCASE
Jury Recommends All Leniency
Possible; Judge Says He
ConcurS
SCORES OTHERS INVOLVED
Says Defendant Was Not En-.
tirely to Blame; Outlines
Political Angle

After telling James p. Walsh that
the court realized his conviction re-
suited from his unfortunate part in
. political scheme, Judge Andrew
Miller, in federal district court We'd
nesday forenoon. fined the 28-year-
old Bismarck man 500 for using the
mails to defraud.
He imposed no Jail sentence.
Walsh was convicted by a jury
tuesday evening Oh the charge In
connection with distribution of set
of beer bill petitions similar to those
put out by the Association for Legal
lzing the Sale Of Beer.
Judge Miller told Walsh that he
concurred with the jury both in find
Ing him guilty and in recommending
ALI lenieney possible adding the
court realized the scheme was not in
tended to defraud any persons out of
money or property.
1T was politics." Judge Miller said
flatly.
He then pointed out that in some
aspects the conviction in this case Is
more important than in ordinary
fraud schemes, saying that III poll
ticians can use the mails for their
cchemes it strikes more directly at
the integrity Of the United States
mails"
Not Entirely T9 Blame
"You didn't have the real interest
IN this scheme that others might have
had" the Judge continued. "You are
not entirely to blame by any means,
ne pointed out in sympathizing with
Walsh for the unfortunate situa.
tion."
1.-THE conviction alone has pretty
well satisfied the law" the judge said
1T has shown you and many others
rilat it Is an unsafe thing to fool with
United States statutes"
The justice said he favored q len
lent punishment in view of Walsh's
good past and probable future, telling
the young man that "a mans life is
mis- own to make Of it what he may. 1t
IS his own wagon"
Judge Miller gave Walsh 80 days In
which to raise 500 to pay the fine.
With the calendar cleared of GRIM
inal and civil cases for trial, the Judge
adjourned the term Of court shortly
after passing sentence upon Walsh.
y. s. District Attorney p. w. Ian
Ter Of Fargo told the court he con-
Cured In the jury's recommendation
OF lentency. Lanier and Harry Lash
kowitz, Fargo, his assistant, prosecut-
ed the case, the first tried by Lanier
since he became district attorney.
The Jurors, who received the case
at 4:35 p. m., Tuesday, arrived at q
verdict at $3.50 p. m. With time taken
out for dinner. they had deliberated
less than three hours.
Lanier in his closing argument to the
jury, declared conviction Of Walsh
would not be considered by the gov
eminent as an acquittal for other
parties that may be involved In the
case.
He declined to comment on the
governments plans after the verdict
was read, except to call attention to
his statement to the jury.
Had Different Petitions
Walsh was charged with circulate
ing petitions differing somewhat from
those circulated by the Association
for Legalizing the Sale Of Beer, and
with renting q postoffice box here for
receipt Of financial contributions.
In his testimony Monday, Walsh
claimed State Treasurer Alfred s.
Dale suggested the plan Of sending
cut q set Of beer bill petitions similar
to those circulated by the Association
for Legalizing the Sale OF Beer. He
contended Dale maintained there
were Objectionable features In the
associations beer bill.