The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-10-05
|ArQlle on Demurrer
In J. p. Walsh Case
Fictitious Beer Bill Petition
Case Opens in Federal
Court Here
INDICTMENT Is ATTACKED
Thomas j, Burke and John E.
Sullivan Defending Young
Local Man
BULLETIN

James p. Walsh, Bismarck. charged
with using the mails to defraud in
connection with circulation of beer
bill petitions, pleaded not guilty
Thursday afternoon In federal district
court after Judge Andrew Miller
overrulcd demurrer on two counts,
and sustained demurrerS on two other
counts in the indictment. Plans were
made to begin the trial of the case
Immediately.
Walsh will be tried on the counts
alleging fraud Of money. Judge Mill
er sustained the demurrers on the
counts alleging fraud Of signatures.
Arguments on q demurrer to the
indictment In the James p. Walsh
Fictitious beer bill petition" case
we're begun before Judge Andrew MIL
Ter in federal district court here
shortly before noon Thursday and
promised to continue through the af-
ternoon.
Before launching into his attack on
the indictment, which charges the
young Bismarck man with using the
mails to defraud, Thomas J. Burke,
defense counsel, announced that John
F. Sullivan of Mandan had become
associated with him In the case.
Walsh is charged with representing
himself as associated with commit
tee delegated by a Bismarck conven-
ton to circulate beer bill petitions
throughout North Dakota while send
ing out similar petitions which lacked
vital and material" parts. He is &C.
eused of renting Box 164 In the Bis.
marck postoffice to aid him in alleget
fraud. $500. -.
As he began his attack, Burke de.
aied that the petition which Walsh Il
accused of circulating lacked vita
and material" parts and declared thai
the petitions could be filed and re.
cetved by the secretary of state, pro.
yided the necessary number Of sigma.
lures were affixed. under the STATE
constitution.
Denies Representation
Burke denied further that Walsh
represented himself as associated
with the committee delegated by the
Bismarck convention. declaring ne
such inference" could be drawn from
a letter allegedly sent by Walsh t<
one James Jakowski of Michigan. N
D. He claimed the letter. which wa.
included in information with the in
dictment, made no reference whatever
to such committee.
At this point court was adjourned
for the noon recess.
Another demurrer to an indictment
was sustained by Judge Miller Thurs.
day morning In the case against
George Santee, Indian Of the Stand.
ing Rock Indian reservation, who
faced a statutory count.
]. M. Hanley Of Mandan, defense
counsel, demurred to the indictment
on the ground that the indictment
was insufficient in that 1t failed Il
charge the crime was committed or
property over which the government
has exclusive" jurisdiction.
The indictment declared the crime
was committed within the confines o.
the Standing Rock reservation bu
Hanley argued that the government,
does not have exclusive jurisdiction
over the territory involved. pointing
out that the state Of Moth Dakota ha!
jurisdiction in such cases also.
Three Sentenced Thursday
Three men were sentenced Thurs.
day morning after pleading guilty K
charges.
Frank Lindere Of Mercer county
who sold liquor to an Indian. wa.
sentenced to so days in jail and finet
500, the sentence to become effectiv,
next May l.
Earl Bradley Of Kuhn, who PLEADED
guilty to transporting alcohol from
Kuhn to Mandan, was sentenced t.
four months In jail.
Mike Kotchman Of Pembina, VIII,
used the mails to detraud was sen
fenced to- 10 days in Jail.
Charles Meyers, charged with sell
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