The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-18

by Judge Andrew Miller at Fargo.
The other was sustained.
Back into session at the request Of
Lanier came the grand Jury. 1t had
only recessed at the end Of the first
round. New evidence was adduced.
The government spent &36 In tele-
phone and telegraph tolls to get from
Los Angeles the text of an indict-
ment against three persons there who
had been convicted Of conspiracy In
connection with renting trucks to the
CWA. The grand jury voted an in
dtctnlent almost exactly identical with
that In the California case. The
bud had bloomed and the fruit had
set.
To Bismarck on May 20 came Judge
Miller and the attaches Of his court
Here. Also came 60 citizens, called as
prospective jurors in the greatest
legal fight in North Dakotas history.
But the real battle was delayed while
the defense sought. by more tech
nicalities, to delay the trial. These
proved In vain. The decks were
cleared and the battle began.
How the smoke rose and the bull
let's flew was detailed In the columns
Of The Tribune from day to day It
made interesting reading.
First there was the slow unfolding
Of the governments case. It ,as
tedious but the government laid its
groundwork for the consp racy
charge carefully. To a friend one
Of the attorneys associated with the
defense is said to have remarked that
1t looked puncture proof. LANCER was
obviously worried.
Results Are Disclosed
This done, things began to pep
up" little. What was done as q re-
suit Of the conspiracy was disclosed.
The Jurors were informed how state
employees, having once earned their
money, accepted" the opportunity
to donate five per cent to The Lead
er" then earn it back again by at
tempting to sell Leader" subscrip-
tons.
What became of the money was
disclosed by testimony that q large
part Of the $4,000 collected for 1.-THE
Leader" had gone into the account Of
Governor LANCER. The net was slow
ly closing. The fruit was ripening
rapidly under the heat OF the gov
ernment's attack.
Finally, the government rested. Its
case was complete. Curiously enough,
only one Of the men who had signed
the original affidavits for the gov.
eminent was called to the stand. He
was Seed-Planted Personius.
subsequently Highway Car Frank
Vogel testified personius was dis
charged because he talked. too
much" Had he known, he might
have added that Personals had writ
ten too. much" but. Vogei didn't
know about that then.
[ The defense took up the cudgels.
It had been attempting to "impeach"
| government witnesses on cross-exam-
nation, In one case by showing that
one young man had served. term
/ in prison. The inference was that
his word was not trustworthy.
| Whether these tactics did the defense
any good IS doubtful. for subsequent
witnesses bore down" more heavily
in their appearances. The rumor
went the rounds that some felt the
young man with the bad experience
had been treated unfairly.
To the witness stand in their own
behalf came LANCER and his fellows.
along with some who previously had
testified for the government All but
LANCER denied everything. Some Of
them were obviously disturbed when
they took the stand. Some tripped
over their own tongues under cross
examination by Lanier The judge
had barred comments by newspapers
on the appearance and attitude Of
witnesses while the trial was In pro-
gress. Nothing was said about these
matters publicly. for no one wanted
to risk contempt OF court, but the
scribes knew. The fruit was growing
heavy on its stem. The harvest time
was at hand.
Defendants Grow Desperate
Desperately the defendants tried to
knock the apple off the tree and keep