The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-02-01

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Jury Is Selected to
Hear LANCER Action
pany could sue for recovery Of what
ever was due 1t.
Tells Of 'Shenanigans'
In his opening statement to the
jury, McCurdy recited some "shenani-
gans" which went on with regard to
a settlement on Buckley's policy,
He said Buckley was told the set
Element actually was for only 1880
on q $1,000 policy. The difference
between the face Of the policy and
the 5000 claimed to have been paid
was said by one Of the attorneys to
be due to the dact that It had q lot
Of trick" clauses which built up the
claim.
McCurdy said further that, while
Buckley was told by LANCER and King,
that the settlement was for only So
500, he was asked to tell the public
that the settlement was for 5000 be-
cause the insurance company wanted
the value Of the advertising which
such . statement would give 1t. It
was not until later, the Jury was told,
that Buckley learned 5000 actually
had been paid BY the insurance COM
pany. It Is the balance between the
$1,000 he admits receiving and the
5000 which the insurance company
paid that Buckley asks in the suit.
Says Appointment Invalid
McCurdy also commended that the
appointment Of King as guardian for
Buckley was invalid and that LANCER
acted, In effect, as both attorney for
Buckley and attorney for the insur-
ance company. McCurdy charged
that LANCER prepared . complaint
against the insurance company for
Buckley and signed it as his attor-
ney, then prepared an answer to the
complaint, which was signed by one
Donohue. then agent for the company
in this district.
It also was disclosed that McCurdy
had trouble In getting certain papers
in the case from Alvin Strutz, who
took over Langer,s law business when
the latter became governor, but that
these were filed with the court when
McCurdy obtained an order for Strutz
to do SO.
Answering charges that the plain
tiff had waited too long to file his
case, one Of the technical arguments
advanced by the defense, McCurdy
pointed out that the statute Of limi-
tations had not expired. This was adj
mitted. The defense contended, how
ever. that II the plaintiff had any
cause Of action he had neglected to
file It for 80 long that hts neglect
had estopped him from prosecuting
the case.
It also developed. in the exchanges
between attorneys, that the defend
ants had filed demurrer to the orr
ginal complaint, which had been s,ls-
tanned by Judge r. q. Mcfarland, and
that the complaint subsequently had
been amended to cover the points
raised IN the demurrer.
Governor LANCER was in court both
Wednesday afternoon, when the case
opened, and Thursday morning.
The business Of picking . Jury to
hear the case went along smoothly
Wednesday until the panel Of jurors
available for call was exhausted.
This occurred by reason Of the fact
that II members OF the jury panel
were busy deciding another case and
only ~ members were available when
selection Of the jury began.
OF the regular jurors the defend
ant used up all of its six peremptory
challenges in removing from the jury
Henry Solberg, Bismarck; George
Gullickson, Bismarck; w. E. Doty,
Bismarck: Gerald r. Jones, Regan:
william label, Bismarck: and Neddy
Asplund, Wilton.
Challenges Used Up
The plaintiff challenged Mrs. w. F.
McGraw, Bismarck: j. L. Clifford,
Bismarck. and B. o. Refvem, Bis
marck, and this, together with Those
excused for cause, exhausted the
members Of the jury panel available
for duty.
When this situation developed,
Judge G. w. Buttz Of Devils Lake,
presiding in the action, ordered Sher-
If Joseph L. Kelley to summon seven
additional citizens for jury duty.
Five Of these were produced In
court before the session ended on a
stormy note as the result Of protests
by McCurdy.
Produced by Kelley for service. in
the order in which they were called,
were E. b. Klein, Bismarck; o. w.
Roberts, Bismarck; william B. Fall
coner. Lincoln township; John F1eck,
Bismarck, and Adolph Giovonnonoi,
living east Of Bismarck.
McCurdy had used only three Of
the six peremptory: challenges al
lowed to each side when the emery
ency Jurors were brought in, but the
rest Of them went quickly.
Klein had hardly settled into his
Jury box scat before he was excused.
Roberts went the same route with
similar speed and when Fleck APP
peared there was some fireworks.
.McCurdy examined him in the reg
:,lar order and then turned to the sale
Qf automobiles by the Fleck Motor
company, in which he is one Of the
directing heads, to the state beer
commissioner. department directly
under control Of the governor.
Not Cause For Removal
Fleck admitted he had sold 20 cars
to the beer commissioner and Nc
C,rdy challenged him for cause, con-
tending tina. his business relationship
IT, one Of the defendants made him
unsuitable for service as q juror. Judge
Butte ovetrlkd this contention, how
aver, and McCurdy used his last