The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-13
- ON TIN u E n
from page one
Judge Expected
To Charge Jury
Early Thursday

counsel, in fact, to the contrary,
there is spirit of friendlineSs."
Presentation in this case is not one
that gives the government attorneys
qualification. This is not lawsuit
In which to engage the pyrotechnics
of Fourth of July celebration"
Lanier said if he were choosing q
text for his talk to the jury it would
be THE majesty Of the law is SUI
preme; her seat is the bosom OF God"
Cites Purpose of Law
He pointed to the purpose Of the
law, TO protect the weak, unemployed
and poverty stricken
Outlining the charges lin a few
words" Lanier told the jury that the
government contends:
That the defendants knowingly took
large amounts of money available for
relief and proceeded to form a con-
spiracy by which they could obtain.
a portion Of the money for their own
personal interest and political gain"
That the means used to obtain this
money was through postdated checks
tIOH leQcIdl employees.
The charge is that there was con-
spiracy.' Lanier explained. Con-
spiracy is a combination OF two or
more persons to do a certain thing,
either by lawful or unlawful methods.
The defendants lawfully organized
q newspaper. The unlawful part
comes in raising the funds for it,
"A conspiracy statute" Lanier said.
enables the law to reach out behind
the scenes to get the master mind di-
recting the forces. Without con-
spiracy statute that cannot be done
It does not require to show meeting
Of men, or agreement, written or 9TH
erwise, because the conditions OF the
conspiracy are such that the public
never sees them. From an instance
here and a meeting there, the sum
total Of these acts can be shown to
be serving the interests of certain
number of persons and give us rea-
son to look behind the scene to see
the plan we know to be in action.
Mentions Acts Of Congress
Here Lanier pointed out the spe-
cific acts OF congress which the gov
eminent alleges we're the object Of
the conspiracys formation. BY con-
gressional approval, in June, 1882, on
May II, 1888. and again In June, 1888
three acts were passed to provide
funds for the relief of widespread
distress and unemployment in the
several states, he said. The acts had
th0i,s houinyi,,r .,v%o,. fHn IYAnuop n :
miniStration and continued under
the Democratic administration to
provide means for the relief of "pov-
erty and distress In each and every
state in the nation" Lanier pro-
ceeded to read the captions Of each
OF the three acts and then launched
into the effects Of the national legis-
lation upon North Dakota.
In January, 1893. under the act OF
1882, into North Dakota came an
officer of the United States who had
taken an oath to sustain the laws OF
the nation. Then North Dakota could
participate In the funds for the first
time. The setup was made, the state
committee was chosen and the move
ment started with the first applica-
ton for funds in February" He traced
the progress Of the relief administra-
ton in securing monies for North
Dakota and then emphasized to the
jury, The government In this case
is not complaining about the money
taken, but Is complaining about the
amount Of money intended to be TAX
en-. Under the federal relief plan the
money which has come into the STATE
IS small in comparison with what i
to come"
Sets National Precedent
The case, he said. is not importan,
to the state alone but also as to thu
effect Of the outcome as q nationa
precedent He continued with "upor
the verdict Of this jury hangs tn.
effect not Of state but of national i'm
portance" and determines "whethel
the government has the sacred righ
to aid suffering humanity
Finished with preliminaries, LAME
began painting the governments pic
ture Of the conspiracy.
Lets take up. first, Conspirato
No. l." he said. 1.-THE government TO
two weeks, over the strenuous objec
lions Of the defense counsel, put II
Its proof and evidence to establish
control Of The Leader In the hand
Of one Of the defendants, to transfe
funds In the hands Of one Of the de
PENDANTS, and after two weeks, whel
It was established conclusively, tn
defense counsel frankly admits thes
facts. AZ to Conspirator No. I. vii
quote to you the statement Of De
tense Attorney Sinkler Ia the omen