The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-23
DENIES CONSPIRACY
CHARGE PRESENTED
BY U.S.. GRAND JURY
Seven Other Defendants in
Leader Racket Case Enter
Similar Answers
DELAY IN TRIAL ASKED
Defendants Assert Erickson. in
Hospital, Is an import
ant Witness


Pleas of not guilty to Z charge or
to obstruct operation Of an
act of congress were entered in fed
eral court Wednesday afternoon by
Gov. william LANCER and seven Of
eight co-defendants arraigned with
him, after which the defense asked
Tor continuance Of the case for q
period Of from 10 to 80 days because
If the illness of one defendant, State
Oscar e. Erickson.
A recess was taken to permit de-
tense counsel to draw up = formal APP
plication setting forth the grounds on
which continuance is sought.
Judge Miller previously denied q de-
tense motion challenging the petit
jury. At the morning session, the
court had denied tw emotions to ouash
The indictments.
The indictment to which pleas Of
not guilty were entered was sustained
~ the court following argument on
demurrers this morning. The court
mas not ruled on the demurrer to the
Indictment charging conspiracy to
solicit political contributions from
federal workers for support OF ''The
Leader" LANCER administration news
paper.
All defendants except Erickson. Ill
n hospital here. were present.
Asks Separate Pleas
AS court convened for the after.
noon session, E. r. sinkler, Minot, de-
tense attorney, entered pleas Of not
guilty for all defendants, but Judge
Andrew Miller asked that pleas So
entered by the defendants than
selves. During the discussion, District
Attorney p. w. Lanier informed tlhe
court he had learned IrtckDon > III.
and has temperature Of from 10l %
l0lh degrees. Judge Miller aid h
understood Erickson Is suffering from
heart disease.
As Lanier read the name q IL CT
defendant, Gov. LANCER. JudeD Nm.
Ter asked: What Is your plea?s
The governor answered In Z oloax.
ringing voice: mot guilty, yosr
honor"
As the names of the seven othar e.
PENDANTS present were read, the aasne
answer, mot guilty. your honor" was
given.
In the motion challenging the petit
Jury, the defense used some Of the
grounds on which the motion 10
4uash the indictments was based.
The motion on the petit Jury STAT
ed that . political campaign is now
N progress and one of the issues is
the right Of the Nonpartisan League
@ solicit contributions to maintain
The state administration newspaper.
The Leader" It also was alleged
The jury panel was selected contrary
10 law.
1t was claimed that the State Rec
ord. weekly newspaper published at
Bismarck, had published Infamous.
defamatory and sucrrilous statements
concerning William LANCER and
others for the purpose Of prelude
ing the jury panel"
After the arraignment. Sinkler told
he court that Erickson is considered
~ the defense one Of 1.-THE material
md indispensable witnesses" and
lsked for sufficient time to make for
nal application for q short time"
Until Erickson can be produced Is q
witness.
Has Gradually Improved
He said Erickson has shown grad
lal improvement the last few weeks
Ind that the defense was hopeful he
would be in court Wednesday. He
'equested an adjournment Of from 10
o 80 days or such time Is physicians
,elieve necessary to permit Etickson
o regain his health sufficiently "a
;one into court.
Judge Miller told sinkler you won't
iced him for several days." pointing
tut it probably will take some time
or the government to present its
:ase.
Sinkler replied that I'VE don't zee
low We can 60 to trial without him:
le IS the important witness"
The court then granted the defense
recess to permit sufficient time to
lraw up the application for = con-
inuance.
Earlier in the day Judge Miller had
demurrers to the charge
hat the defendants coa1spired to OBJ
truct an act Of congress, the one to
which the pleas were given.
This reversed his action Of several
weeks ago at Fargo when he SUSTAIN
d demurrer to similar Indictment.
subsequently, the grand jury rein-
Itated the charge, revising the lang
Rage to correspond with that In .
California case In which three per-
IONS were convicted On . similar
:harge. M
Also overruled were two defense
notions to quash the indicements on
he ground that the grand jury Will:
brought them was hand picked fro1m
,olitical groups inimical to Gown
nor LANCER and tn other detend-
lnts.
Makes 1nllng q Noeo
The ruling came o noon altar a.
;orneys Tor the defendants had spent
III Of Tuesday afternoon and We'd
1esday morning n, peoeonttng p1ooa
Intended % knock out ~ m1iet-
ments On technical grounds.
Remaining TOR deooaioa NJ Z -
murrer 70 two in6ictnonts oharG1lr
% solicat po1I11ea1 So.
1roGn &eheral elp1G
When th1s I'M ut - n
lOenfa1o4 = - !.