The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-27
Court Refuses to Direct
Verdict in CQt11111Ot1S Case
Plea Is Made BY Defense After
Prosecution Completes
It's Evidence

A motion Tor a directed verdict OF
acquittal was entered by John Sui
Ivan, defense counsel, in the trial Of
John Gammons, former industrial and
securities commission secretary,
charged with embezzlement, after the
state rested Tuesday afternoon.
Judge Fred Jansonius denied the
motion after Attorney General A. j.
Gronna completed arguments resist
ing 1t.
In moving for a directed verdict,
Sullivan said there was insufficient
evidence to support the charges
against Gammons; that the secretary
of the commission Is an officer sub
ject to instructions and directions of
the industrial commission; that there
is total absence of testimony show
ing Gammons had acted contrary to
Instructions; that no evidence has
been given to show the fund involved
was public fund; and that there was
no evidence to show the money be-
longed to the state.
Sullivan said there was no evidence
to show that the $4,000 military his
tory fund involved in the case did not
belong to the Bank of North Dakota,
and then cited a supreme court decis-
ion holding the state and bank are
separate units.
Could Still Be Innocent
He referred to the states case as
building up circunstantial evidence,
declaring that If all this evidence
u,aro fr,,a Gopor,anc GOULD ct}I1 ho
innocent.
At the opening session of the trial
Tuesday morning II exhibits were Of
fered and several witnesses examined.
At the afternoon session. a 18th
exhibit, Gammons' signature card at
the First National Bank, was enter
ed during testimony by Warren.
F. e. Shepard, vice president and
cashier of the First National, iden-
titled four exhibits dealing with the
$500 deposit by Gammons.
The state then rested its case.
Eleven banking instruments had
been offered in evidence by the state
Tuesday forenoon as testimony be-
gan.
The state alleges that Gammons
appropriated to his own use check
for $500, caShed on Aug. IT, 1881,
which represented three perc ent in
terest on the $4,000 state military
history fund for one year. Gammons,
as SECRETARY OF the industrial COM
mission, had charge Of the military
history fund.-
The jury of eight men and four
women in the case was selected
week ago but taking of testimony
was delayed until Tuesday forenoon,
due to illness of Sullivan, defense
counsel.
Sullivan's Neck Bandaged
Sullivan appeared in court Tuesday
forenoon with his neck bandaged. AS
sisting him In the defense Is Scott
Cameron, Bismarck attorney.
Seated near the defendant through
out the proceedings was Mrs. Gam
mons, with whom Gammons con-
ferred often.
Handling the prosecution was At
torney General A. J. Gronna, aided
by Assistant Attorney General Mil
ton K. Higgins and States Attorney
George s. Register of Burleigh coun-
ty
The II exhibits follow:
No. Bank of North Dakota CASH
ier's check No. 22.856, in the sum of
$500 issued Aug. II, 1881, to the secre-
tary of the industrial commission,
signed by Theodore w. Settle, teller,
and counter-signed by George w.
Janda, director of audits.
No. 2-Slip attached to affidavit re-
ferring to $4,000 certificate of depos-
it for military history fund.
No. 3-Affidavit signed by Gammons
in lieu of $4,000 military history
fund certificate Of deposit, No. 1887,
which was destroyed In state capitol
building fire In 1890.
No. +Bank of North Dakota In
terest debit slip, showing payment Of
$500 interest on $50 600 military his
CONTINUED on Page Seven)