The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1935-11-01

liam LANCER and three associates
face two separate charges when
they appear in federal district
court at Bismarck Tuesday. They
are scheduled for re-trial or, the
conspiracy" count which figured
in the original court action brought
last year, while a second indict-
ment charging perjury in connec-
ton with the affidavit of prejudice
filed by the defendants against Fed
eral Judge Miller, was returned
last week by the grand jury sitting
in Fargo.
u. S. district Attorney, P. w.
Lanier has indicated he will move
for trial of the perjury" case i'm
mediately following the retrial of
the other case regardless of a con-
viction, acquittal or disagreement
in the original action. {"
SAME DEFENDANTS
CITED
The same four defendants figure
in both actions-Langer, Frank Vo
gel, 0. E. Erickson and R. A. Kin
ger, Oscar Chaput and Harold Nc
Donald, who were convicted with
LANCER, Vogel and Kinzer in the
original case and which conviction
was subsequently reversed by the
U. S. Circuit court of Appeals have
entered pleas of guilty to the con-
spiracy charge and will appear as
government witnesses in the forth
coming trial.
Following the disqualification Of
Judge Miller as a result of the
affidavit of prejudice filed bv the
defendants. Judge A. Lee Wyman
of Sioux Falls, S. D., was named
to preside at the retrial.
CHALLENGE
AFFIDAVIT
The new indictments returned bv
the grand jury last week charge
the defendants with making two
false assertions concerning Judge
Miller in the affidavit of prejudice.
The grand jury challenged the de-
PENDANTS statement that Judge Mil
Ter called the entire petit jury be-
fore him and talked to its members
for an hour and that during his lee
ture he infamed the mirds of the
jurors and prejudiced them against
the defendants.
It is charged the affidavit falsely
states Judge Miller pictured un-
scrupulous groups, pictured Com
munistic gatherings and public en-
emies and likened them to the de-
PENDANTS in the LANCER case.
Further, it is alleged. the afidav
Is falsely declares Judge Miller
had issued commitments to the
penitentiary and to jail for the de-
PENDANTS before the jury had re-
turned a verdict.
! CONSPIRACY
CASE FIRST
Asked if the perjury case would
be tried first at the Bismarck term,
Lanier replied:
mo, the original LANCER case
will be conducted first and the per-
jury case will be moved for trial
Immediately following. It is I'M
fortunate the perjury case had to
develop. but it will be tried i'm
mediately after the original Ian
ger trial"
I Pressed if he intended to try the
perjury case, regardless of the out
come of the original LANCER case,
Lanier said, ''The perjury case will
be tried regardless OF a conviction
acquittal or disagreement in the
ORIGINAL action"
Commenting on the grand iury's
action in returning the prejurv in
dictments, Lanier said:
"Even before the original Ian
ger trial more than a year ago.
speeches were made throughout
the state bv the LANCER crowd at
lacking the district attorneys Of
flee, the federal clerk of court, the
marshal and even the court. These
/ speeches have been continued, even
IN TO the presen time.
'UTTERANCES
IGNORED
"No attempt has been made to
reply to such speeches. All utter
ances were ignored until they
reached a point where integrity of
the United States court was attack
ed by a false affidavit of preju-
dice.
cit is in the integrity of the
court the people should concern
themselves, not in the PERSONAL or
! kCnntin,,nd on, No. 4L-..A