The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-16
MOVE DESIGNED TO
SKATER DEADLOCK
ON final VERDICT
Seek Specific instructions on
Seven Overt Acts Charged
To Defendants
COURTROOM NEARLY EMPTY
Judge Says He Will Comply With
Request Insofar az He
Can Do So

without reaching a decision, the
jurors in the conspiracy case
against Governor William
LANCER and four co-defendants
asked for new instructions
from Federal Judge Andrew
Miller at 3:15 p. m. Saturday.
They specifically asked that
ne repeat his instructions on
the seven overt acts which the
government charges were de-
signed to obstruct the opera
ton of an act Of congress. The
judge convened the court to do
so.
Present in the courtroom
were the defendants and their
attorneys, George Thorp and
E. r. Sinkler and Federal Dis
trict Attorney P. w. Lanier.
Aside from these the court.
room was empty as the jurors
sought new advice in their ef-
fort to adjust their differences
of opinion.
Judge Andrew Miller opened the
session by saying:
Gentlemen Of the jury, received
some communications from you and
IN so far as It can be complied with
I shall comply with them. The first
request is the reading Of the seven
overt acts"
The court then referred to the ne
quest Tor his charge on the seven overt
acts.
The court stenographer WAS ordered
to read this matter.
Answers Further Request
On completion Of the readine Of
that material, the court referred - =
further request Of the Jury. telling
the stenographer: Read that part Of
the charge with reference to the
number Of defendants that must be
found guilty or not guilty." and that
part Of the charge covering conspiracy
and violation of state laws as it may
relate as a continuation of conspir-
acy in violation of federal law" The
stenographer read those portions OF
the judges charge.
The court then ordered the reading
OF additional matter requested, COM
prising that portion Of the charge In
which he illustrated conspiracy by
means Of postoffice robbery.
The stenographer started to read
that portion.
The judge refused to answer two
Of the questions asked because, he
said. they called for an expression Of
opinion on his part. In reply to
them. however. he did elaborate on
his previous charge as to the basis
at q conspiracy.
Here Are the Questions
Two questions asked by the jurors
and read by the court were:
u Can m alleged conspiE1-
tor be held responsible for hired
agents when such agents do the
same acts contrary to orders q
their SUPERIOR and which acts
the superiors never get knowledge
Of"
~ Can the alleged conspira-
tor be held responsible for the
hired agents?"
The two questions, the court
said, are Substantially the same.
THE court now tells yoa, Il +
mot necessary Or essential 70 The
existence Of . conspiracy that
each conspirator shall have 70
know Ill the details Of the ooa-
spiracy.
"Where . party u men com.
bine m unlawful thing anA IN
performing It one party gees .
step beyond The ret and doos N
act which the rsst - not per.
form, Ill are respectable fer the
net. In pursuit q . oonGplfncy
each = responsible for the scts
Of tho others.
If one brochures e oonsplres Win
another 70 commit Q crime. he =
guilty q anything aene by . ooo.
federste IN Whatever follows IN
cidentally In ~ executien q .
common design, even thoagh &
was MT intended = part c the
original plan"
Concluding hi charge the cesst
explained. 'SThero are enc = To
eusstisns here which IL eosFt =
unable = answer boeaaso q their
ferm and beoa1De q - asgnmp.
ton q facts.
The court oool1 ut answer
then Questi9ae W1thoot oUgon-
ing N onfnfo0 = - fn0fR Yhaf