The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1935-12-13

Siuslons some other person who
neard the same statement might
nave arrived at, because the same
oca.Slnent made to number of
pJopie uoes no necessarily leave
Mnat conclusions he may have ar
tlved at by showing what con-
Inem with the same impression.
on and | might attend a politi- /
cal speech. If the speaker belong
ca 10 your same political party
you might go away with the idea
mat inns man made a splendid /
speech, patriotic speech. IF II
belonged to another political faith |
might hear the same speech and /
go away believing he was talking |
anarchy. and / can't be convicted
Tor my honest opinion.
MR. LANIER: Well, the point 7 |
made under the irdictment.-this
Indictment as to the affidavit of |
prejudice does not state on in
formation and belief.
No Basis For Suit
The COURT: No, but it
states lot of conclusions, Mr..
Lanier. You have put portions of
that affidavit of prejudice into
that indictment which are nothing
more or less than the opinions and
and conclusions of the men who
made the statements, and this can
never be made the basis for a per-
jury suit.
M R.LANIER: If I understand
the Courts ruling CORRECTLY there
are three facts in this affidavit of
prejudice.
THE COURT: Well, as / saw.
l think there are more facts alleg-
eed than that. l don't limit the
number Of facts to three. There
are several statements of fact in
the first paragraph of the affida-
Wit of prejudice you had in YOUR
indictment. There is a statement
that Immediately after Court con-
vened Judge Millerr called the
jury before the bar or the bench
and made a speech. That is a
statement of fact, and if YOU can
cOntrovert that that is not their
conclusion, they state that as an
absolute fact-if you can show
that was false, you will be permit
ted to do so, because that contro-
verts statement of fact, not a
conclusion, not an opinion. rot a
belief, but a statement Of fact.
There IS another statement of fact
there, that during the course of
this speech. he made a statement,
II will not attempt to quote the
exact language, but in effect he
; made statement that the Courts
had very frequently been in dam
ger from powerful groups. Now
there is a statement of fact. If
; you can show that as a matter of
} fact Judge Miller did not make
that statement, then you have
demonstrated its falsity. That is
not am opinion; that is a statement
by these men that he used that
! language; and if he did not use it,
and they knew he did not use it,
: they are guilty of perjury; but
can't convict. man Of perjury be-
, cause he believes that the purport
! or a meaning of a statement is
! thus and so. You can't convict a
man for his beliefs; and YOU can
! ask any questions you want to
: controverting any statement of
! fact in that affidavit and you will
! find that the Court will be per-
! fectly willing to let your witness
es answer; but / am not going to
take up the time of the Court here
in examining all these jurors ard
having them come in and tell
what their impressions were, be-
cause it doesn't make any differ
|, ence what their impressions were.
/, If any juror could state he did
Mt make those statements, or that
he didn't make a speech, or can
contradict any statement of fact
! in that affidavit you will be per-
!. mitted to ask that question.
. Quotes Affidavit
MR.. LANIER: To see if l don't
: go afield in the Courts ruling, the
t affidavit says this: "that in this
. speech statements were made
: which did in fact prejudice all the
said jurors against this crime"
r THE COURT: Well, now what
is that? Is that a statement of
4 fact?
' Mr.. LANIER: Well, L
/ THE COURT: It is a concur
sion of fact. 1t is an ultimate
fact which the man who made the
S statement arrived at from that
fact. You nor can pretend to
t say someone was prejudiced as a
! matter of fact. We might state
: from circumstances, from things
], they do, we might state as an al
{ innate fact one was prejudiced
: but that simmered down to its fl
: nal analysis is nothing but a con-
: clusion on our part. The person
: al prejudice or bias is mental
e conviction; there is nobody but the
r individual himself who knows; anC
In great many cases the most
: biased and prejudiced pe-ton in
: the world is honestly and sincere.
: ly certain he is not prejudiced.
Il n