The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-14

SAID. III was the governments con
tention that about May II, 1888, tn
governor and his co-defendants de
cided to broaden their field and hire
Mcdonald to solicit the federal EN-
ployes. In the meantime, there
testimony to indicate that Mc0onal
said he was working for the governor
and that he came back later and sal
he had seen the governor and tn
governor said it was .. K I sal
the testimony tends to show that. !
you find that to be-that McDonal'
consulted the governor and that tn
governor advised him he could-ther
gentlemen, that conspiracy include,
federal employees and you will so find
for the law is that 1t Is not necessar,
for each and every conspirator II
know all the details. but II two O
more get together on plans-if the,
conform to the general plan-then j
includes all of them"
Defense claims that all money II
THE Leader" account was not fed
eral money were dismissed by tn
Judge as "a quibble."
DAoSSSAA6 VAC paw Vi VdSA NVACA1u
ant In the trial, Judge Miller said
1T is not necessary to show tina
they received any financial gain.
Recites Vogel's Position
with reference to Vogel-if Voge
knew LANCER knew it was unlawful
and fraudulent on his part, and h,
cooperated in any way, he comes int
the conspiracy.
"Kinzer is much the same. Evi
dence shows he was the executive sec
rotary of the relief administration
that Mcdonald came down there ant
he permitted him to collect from tn,
federal employees and that he assist
ed by collecting money and subscrib
ing himself.
Mcdonald came into it, If he cam,
in at all. by the fact that he was EN-
ployed by the governor or Chaput
or both, as you Finland by goini
out soliciting.
"The theory Of the defense is the,
are not guilty. They introduced evi
dence to show they had no inten
or plan to evade federal relief laws
Mcdonald testified he did not know
they were federal employees in tn.
building. Vogel testified he had II,
intent to violate the federal statutes
Intent" the judge explained. iii
something the government must infel
or not infer. from circumstances.
In the law a person Is presumed tt
intend the natural consequences Of hi!
voluntary act and his testimony tina
he did not SO intend Is not sufficien,
to offset the presumption of the law
But that is question for you to de.
termine.
Must Find Conspiracy
Before you can convict any de.
PENDANT in this case you must frs
find conspiracy to impede a fedora
statute was at some time, during thu
life of the conspiracy, entered into ane
understood by and between two o.
more'of the defendants: that some on<
or more of the defendants did some.
thing or more of the overt acts ane
chat some two or more of the defend
snts were guilty Of conspiracy.
"You may find any two or more
guilty. You may find any two or mo-s
innocent, or you may find all guilty
or all innocent"
Judge Miller halted his charge, as
he neared the end. to tell defense
counsel they might take exceptions tc
his charge IF they wished Thorr
and Hanley had stepped from the
courtroom. and were hastily recalled
while the court waited.
Hanley asked that the court read
the charge Of circumstantial evidence
Il didn't give it, because evidence in
this case seemed direct and positive
he said. However. if you wish it I'll
give it."
He gave the charge and the case
was taken under the jury's considera-
ton at 1858 p. m.
Courtroom damned Wednesday
A damned courtroom, SO crowded
special benches became necessary to
accommodate those clamoring for
admission. heard opposing counsel at
tack and defend, attack and defend
They heard appeals to the jury to
forget political alignment and render
a verdict of mot guilty.; they heard
opposite demands for judgment Of
guilty"
Charges Of corruption and Of hon
est intent were laid before the jury
in imprisoned summations which
worked to a climax with the statement
of presiding Judge Andrew Miller, to
the jury. Il will tell you what it's all
about-wait until you hear the court
define what it's about before you
definitely make up your minds as to
the merits of this case"
In conversational tones, so low that
spectators. court attaches and counsel
on both sides sat immobile to avoid
losing word. Defense Attorney
George Thorp made dramatic ap-
peal for the freedom of LANCER and
his associates.
He analysed the testimony Of each
witness and drew a picture of LANCER
as man who had only the best In
terests of North Dakota at heart, q
man whose only fault was human mis-
take.
DO not convict us of state law.
because when we do that we want to
be tried in our own state Thorp sp-
pealed. I'VE bare our bosons to you
you cannot say that any Of us has
not told the truth. Bill LANCER Is not
afraid to tell the facts. He was not
afraid to tell them here. Whether
you believe all the advocates or not Is
beside the question:"
These-"Curious Times"
These are curious times-people
become excited. and the honest are
condemned when they should be
complimented."
In tones so low, his arguments many
times were audible only to the jury,
Thorp said, I'VE shall be worried, ma
II our government is any,
thing-it will never abide verdict
rendered because the nation Is look
ing at YOU"
His closing barb was q thrust ct
1iafr3rf AffAsssaAsy ToAln,. vs,baa