The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-22
TO QUASH
INDICTMENTS MADE
IN FEDERAL court
Attorneys Claim Grand Jury I'm.
properly Drawn; Say
Charges Defective
NEW LAWYERS ENTER CASE
Legal Battery Grows as Cover.
nor and Cohorts Face Fed.
eral Bar Of Justice

A motiin to quash two indictments
against Governor William LANCER ana
eight associates was made by the de-
Tense before Judge Andrew Miller In
federal district court Tuesday after
noon.
Defense counsel made the motion
in addition to demurring to the in.
dictments. which charge conspiracy
to solicit funds from federal employees
and conspiracy to obstruct an act of
congress.
The motion to quash IS based on .
contention that the grand jury that
returned the indictments was illegal
~ selected. and also on grounds OF
defects in the indictments.
Arguments on the demurrerS and
the motion to quash were started al
2:l5 p. m. by George Thorp, Fargo
of defense counsel
Thorp and E. A. sinkler, Minot,
appeared as representing all nine de-
PENDANTS, with five other attorneys
appearing individually for some of
the deiendantS.
New Lawyers Enter Case
j. K. Murray Of Mott is counsel for
Highway Commissioner Frank Vogel;
P. J. Garberg. Fargo, for Paul J.
Yeater: F. j. Graham. Glendale, for
r. A. and Joseph Kinzer: j. M. Han
ley. Mandan, for Harold Mcdonald
and John Sullivan. Mandan. for 6.
A. Hample.
Erickson In Hospital
State Senator Oscar Erickson was
the only one Of the nine defendants
absent. sinklert told the court he
hoped Erickson could appear BY We'd
nesday. Erickson is i'll in q hospita,
here.
The afternoon session followed q
brief ceremony in the morning DUR
ing which Judge Miller addressed the
prospective jurors, emphasizing that
partisanship has no place in the court
The opening was delayed by the task
Of issuing admission tickets to Wit
nesses, jurors, newspapermen and
others entitled to them. Even the
defendants were required to get
tickets.
OF the defendants in addition q
Governor LANCER, Vogel is state high
way commissioner: Erickson Is pub.
Usher Of The Leader. administration
newspaper; r. A. Kinzer is former
secretary of the state emergency re-
lief committee: Joseph Kinzer, his
son. was clerk in the same depart
ment; Chaput IS business manager
of The Leader: Yeater and Hample
are employees Of the state highway
department and Mcdonald Is q solicit
tor for The Leader.
60 Jurors Report
The sixty-one prospective jurors,
with one exception, reported. They
are: Charles K. Hills, Grand Forks;
Oscar Larson, Leeds: John T. Morris,
Warwick; Jack Smith, Darlington;
T. T. Ridl, Dickinson: J. w. Brant,
Harvey; B. o. Refvem. Bismarck: H.
A. Kluver, Minot: John Irmen, Bis
bee; Levard Qua1ve, Fessenden; w.
w. Cooke Fargo; Charles Lueck.
Gardena: Jess Shelley, Egeland; J. !.
Brady, Fargo; Nick Eckes, Wahpeton;
Albert Anderson, Hillsboro: Lester r.
Crist, Grassy Butte: E. e. Culver,
McHenry; O. 8. Hjelle. Mercer;
Thomas Cooper, Parshau; H. r.
Emery, Fargo; Otto Roder, Easily;
OLAF Lien, Kermit: r. D. Smith,
Oriska: A. T. Spanberg, Baldwin;
David Riley, Killdeer: Price Owens,
Bismarck; Sam Bye, Heimdal; H. J.
Sutton. Williston; r. G. Duncan,
Judson: George +. Richmond, James,
town; Robert Kerr, Milton: L. r.
Ptckard, Niagara: Harry Smith, Rog-
ers; p. G. Mohr, Mandan; Ed. Ora
ham, Ross; Ole Melland, Hampden:
p. L. E. Goodwin, Fargo; John Jones,
Garske; william Hammer, Crosby:
William Norman. Glen Ullin.
r. G. Collingson, Devils Lake:
Arthur Ebentier. Darlington: George
Hamilton, Grafton; John T. Skar.
Deep; Edward Arnegard, Hillsboro;
Solomon Burchill, Pillsbury: Frank
J. Veitasa, Fairdale; I. G. Hulett,
Mandan: Arthur 8. Malm, Grand
Forks; Albert Linn. Bisbee; Julius
Moen, Tioga; Elmer Brynjulson, Bow
den; Fred Hanna, Lisbon: Roy r.
Baker, Fargo: Emil J. Moen, Hunter;
Gregor Henrickson, Fort Ransom; w.
!. Mum, Westhope; A. D. Scott,
Fargo; ]. g. Beattte, Bismarck: J. Z.
Kennedy, Maudan.
Court Warns Jurors
The court. pointing to the political
atmosphere Of Bismarck, said that
these defendants have political
friends and enemies" and admonish-
ed jurors that the case must b tried
on its merits.
When court convened, Judge Miller
ordered the prospective Jurors TO ap-
pear before him and, . they were
grouped IN semi-circle, 10 proceeded
to outline their responsibility 81 judg-
ing the defendants fairly.
Gov. LANCER was present, seated
behind seven other defendants Who
were grouped In one ROW. with ID