The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-02-01
jury Is Selected to
Hear LANCER Actor,
Constructive Fraud Charged
to Governor in Suit by
Crippled Youth
LAWYERS IN HOT DEBATE
Defendants Raise Technical
Points to Halt Offering
Of Evidence
BULLETIN

Action brought by James Buck
ley, crippled boy, against william
LANCER. c. d. King and the Mu..
tual Health and Accident Assoc
citation OF Omaha, Neb.. was dis.
missed in district court late
Thursday afternoon by Judge c.
w. Buttz. Devils Lake.
Grounds for the dismissal wero
that the complaint, filed In Buck
ley's behalf by Attorney r. E. Nc
Curdy, was not properly drawn TO
constitute 4 cause Of action.
The complaint named LANCER -
attorney for the Insurance COM
pany.
The Judge held that II this were
-. and there was any iregularity
In the handling Of money, only
the insurance company had the
right 70 sue LANCER for it, recov-
cry.
Al 70 the insurance company,
he held that II had paid the
money and that the plaintiff, In
his complaint ratified the pay
ment.
As TO King he held that he, Is
guardian I'd litem for Buckley,
IL accountable to Judge Fred jan
sonius, who appointed him, - IN
officer Of Jansonius' court, and
that any action against him must
DO filed there.
McCurdy asked for several
hours In an effort to revise the
complaint, asserting that his cli-
ent is too poor to finance an ap-
peal 70 the supreme court or to
spend much money in pressing the
alton. He asserted he would like
to keep the case In court SO that
the evidence might be presented.
Judge Buttz granted him q half
hour.
No evidence had been taken
when the Judge ruled on the pro-
test Of the defendants.
Having selected q jury to try the
'ase of James Buckley VS.. William
anger, G. D. King and the Mutual
Health and Accident Association Of
Neb.. a suit which is expected
o develop some sensational angles
BECAUSE Of Langer's prominence as
Governor, attorneys Thursday turned
. legal phases Of the question.
In an effort to prevent the presen-
alton of evidence, lawyers for all Of
re defendants advanced technical
as to why the case should be
brown out of court. Judge Buttz,
Devils Lake, presiding at the trial,
vaS to rule on those later In the day.
Jurors finally selected, after a
late Wednesday. were Ray
iazelgrove. Arena: M. H. Sidener,
Bismarck, Nils Tosseth, Wilton; Mrs.
+. Beatt, Bismarck; J. A. De Long,
Baldwin: Mike Scher. Bismarck; Gil
'crt +. Haugen. Bismarck; A. j.
Veinberger. Bismarck; William Fall
oner, Lincoln township; Adolph
iiovonnonoi, east Of Bismarck; Syl-
ester Halverson, Regan, and Einard
|uhala, Wll.g.
The jury was selected only after at
'rneys for both the plaintiff and de-
endants had exhausted the six chal-
enges permitted them by law.
Technical Objections Urged
The suit, involving q payment Of
300. alleged to be due Buckley, a
ripple, on an insurance policy, was
hallenged by attorneys for the de-
on various technical grounds,
I ief among them being the fact that
i've years have elapsed since the time
1 the alleged wrong.
Buckley admits that the insurance
paid 5000 in settlement Of
I've suit but asserts 1t never paid q
ent to Buckley. the money going to
ne or more OF the other defendants.
anger is said to have been attorney
or the insurance company and King
pas guardian for the boy, who was
lnder age when the settlement was
made.
He admits getting $1,000 but says
e got that from LANCER or King, not
rom the insurance company.
In arguments on technical phases
{ the case, it developed that the
laintiff really Is accusing LANCER or
ling, or both. with constructive
raud," this being brought out in q
match between opposing at
orneys.
George Thorpe. Fargo. representing
anger, said he wanted to know II
raud were charged and insisted that
. wanted no insinuations, because Of
position.
r. =. McCurdy, representing the
laintiff, said he was charging & con-
tructive fraud In that LANCER re-
eived money from the insurance
intended to be paid to Buck
" and that Buckley never received
The status Of this money promised
b one Of the main technical points
4 the case. Thorpe contendine that,
the facts set up were true, the
latntiff had no action against
anger but that the insurance COM
Continued on Page y
ANARCHIST CONES HOME
Niagara Falls, N. r, Feb. l.-(R-
Cmma Goldman. Americas most no.
orious anarchist for almost . zen.
ration came "home" to the United
Hates Thursday from . ls-year exile.
Ihe entered from Canada, cruostng
~ fnkngDnnfhannnl $3.50 49,