The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-02-15
FORMER LEADER OF
NATIONAL GUARD TO
fight ACCUSATION
Held Under $500 Bonds on
Each Of Two Complaints
Following Arrangement
SAYS STATE LOST NOTHING
Attorney Expects to Prove That
Charges Are Matter Of !,
Bookkeeping
SAYS STATE LOST NOTHING

G. Angus Fraser. adjutant general
Of North Dakota for Is years until
his retirement month ago, will have
a preliminary hearing at IL a. m.
March on charges of obtaining prop
erty and money from the state under
false pretenSeS.
The time for the hearing was set
wednesday forenoon when Fraser
made his appearance before Edward
S. Allen, Bismarck police magistrate,
in company with his attorney. James
M. Hanley, Of the Sullivan, Hanley
and Sullivan legal firm of Mandan.
The former National Guard head
was liberated under $500 bonds for
each Of the two complaints against
him pending his appearance March 6.
Surety bonds were presented to the
court and approved by the prosecu-
ton. 1t was explained the bonds
were continuing" and would serve
until FraSer's appearance in district
court. in case the former adiutant
general is bound over to the higher
court.
In statement issued following the
hearing, Hanley said the defense ex-
poets to prove that North Dakota
has not lost one cent" in the Fraser
transactions. adding that the charges
grow out Of a system of bookkeep-
ing only"
Came Here Voluntarily
Learning from a newspaper story
that warrants for his arrest had been
issued here, Fraser Tuesday afternoon
boarded a train at Fargo and came to
Bismarck to face the charges volun-
tarily.
| Upon his arrival here he commune
Gated with his attorney. who made
arrangements for the appearance at
10 a. m. The appearance later was
postponed until II a. m, at Hanley's
; request.
BY arrangement Fraser visited
Sheriff Joseph L. Kelley shortly be-
fore the hearing and the warrants
were served on him at that time.
! Fraser Is charged with obtaining
under false pretenses 1892 for two
! weekly pay rolls at Camp Grafton al
Devils Lake in 1892 and with felon-
iously obtaining $198.73 In expenses
for trip which he took to Chicago
and Baton Rouge, La, in 1891 as a
| member of the state capitol building
commission.
Fraser arrived at the court We'd
nesday morning in company with
Sheriff Kelley and Hanley. Waiting
for him was Attorney General A. j.
Gronna, Jr., at whose instigation the
warrants were issued. who handled
the prosecution details since States
Attorney George S. Register did not
appear because of illness.
The only other persons in the court
room were Magistrate Allen. State
Representative Arnold E. Sandlie,
Grand Forks: Ronald N. Davies.
Grand Forks police magistrate and
newly appointed member OF the state
pardon board; A. B. Carley. Bismarck
man. and newspaper reporter.
Asks Date for Hearing
Hanley began the proceedings i'm
mediately, telling the court that he
desired a date for a preliminary
hearing be set. He added that it had
not yet been decided whether the
defendant would waive or face pre-
liminary hearing. but that he prob
ably would ask for a hearing.
Referring to the amount Of bonds
to be recommended, Hanley said the
defendant has been a resident of
the state many years, has served 1t
well, and has no intention Of not fac
ing these charges in the proper
courts"
He declared that the charges do
not necessarily call for the imprison-
ment OF his client should he be found
guilty. saying that the discretion Of
the court in such case could vary
from fine Of 81 to imprisonment.
In view of Fraser's long residence
and record and the nature of the
case. Hanley said, bond should not
be set too high.
He said the defendant has no rea-
son to believe that future charges
are to be placed against him and for
that reason preferred to post bond
on each charge rather than q bond
to cover ANY future charges such as
in recent case" He apparently was
referring to the case in which John
Gammons, former Secretary OF the
state industrial and securities COM
missions, was charged with embezzle.
ment and furnished bond to cover all
charges which might be placed
against him.
When ~Hanley suggested bonds Of
$500 on each charge, Gronn4 readily
agreed and the amount was accepted
by Magistrate Allen.
FoEmalities Ended Quiclly
Hanley first asked that the hear
ing be set for Wednesday. March I,
but changed his mind upon reconstd-
Grafton so that the hearing would Be
after the next president Is inaugur.
ated."
The whole proceeding In the court
required but . few minutes and was
! not attended BY the atmosphere Of ex-
element which prevailed when CAM
mons made his appearance ana
waived preliminary examination q
few weeks ago.
Hanley did not amplify his state
ment that the state had not lott olae
i penny" through Fraser,s transacticns,
but he apparently meant that Frasor
spent at least . much q ~ receiyod
from the state on the trip.
] Continued On paos sevsO