The Bismarck Tribune Newspaper, June 7, 1934, Page 8

NTINUE co D from page one Minot, cldy. 55 49 «78 Napoleon, cldy. . 63 44 2.75 L 6 54°C CD Dakotas Hardest Parshall cd 6 2) Hit Says Wallace _ {sanisn, rain .. 45 72 In Bismarck Talk|”" =" es: Sudge Christianson introduced him te the crowd and to the radio audi- ence, the set address being broadcast over a chain hook-up. It was the first chain program ever to originate in Bismarck, according to officials of EPFYR. Secretary Wallace said his main in Bismarck “is to assure you your government will do every- thing in its power to soften the blow of this devastating drouth.” Homan Relief First ‘The first move, he said, “must be for the relief of human beings in dis- tress; the second, for the protection of property, notably livestock. “More food, more clothing, and more money, in so far as it is neces- gary, must and will be supplied,” he} explained and added, in regard to the crisis facing the livestock industry, that, besides the 127 counties in the} Dakotas named as “emergency drouth counties,” others will be added if nec-| essary. He divided relief measures into four classes: First, the government will buy surplus cattle where feed and water are short; second, feed will be transported to enable the stockmen to maintain their foundation herds; third, the railroads have granted freight rate reductions on cattle mov- ing out and feed coming in; and fourth, farmers who have acres under AAA contract will be permitted to use them for production of forage and pasturing. “As always, however,” he added, “the main burden rests on you who live in the drouth area. “I do not see how anyone who has gone through this drouth area can say a kind word for nature's method of crop reduction. Man's methods may be full of imperfections but they are perfection itself by comparison.” He defended the agricultural ad- justment act on the grounds of its flexibility as witnessed in government methods of meeting the unpredictable @routh crisis. Point to AAA Flexibility “Its flexibility,” he said, “becomes deeply significant. No one can safely predict that our problems will always be one of reducing the agricultural output. Some such flexibility is need- ed and is provided by the agricultural adjustment measure.” He spoke of the AAA contract pay ments as a form of “crop insurance,’ adding that “every year in this coun- try, some farmers somewhere see their crops ruined by drouth, hail, flood, wind, disease or pests. Insur- ance on farm animals covers less than 1 per cent of the value of livestock. “Under the agricultural adjustment ‘act, this form of insurance is a real- ity. It may not provide as much to the individual grower as he needs, but it does go a long way toward it. ‘Wheat growers have already had one benefit payment, and another one is coming along now. Corn-hog pro- ducers are beginning to get their first payments, and a second will be due in the fall. They have that much against utter economic ruin in a @routh such as this and they have that much less need for relief. “I have never believed,” he admit- ted, “that our present program of ag- ricultural adjustment could or should be permanently continued in pre- cisely its present form and our ex- perience thus far, plus the impact of this drouth, suggests the direction in which we may have to move. Need Farm Reserves “Perhaps it would be possible to set up a mechanism whereby growers could maintain necessary food re- serves -by means of the loans similiar to the present corn and cotton loans. Stored commodities owned by produc- ers and held in the country might be part of the system of benefit pay- ments in an adjustment program, the commodities stored in years of sur- plus to become available to farmers in lieu of benefit payments in subse- quent years of production curtailment. But whatever the mechanism, it ‘would, of course, have to be so de- signed and operated as to fit smooth- ly into the commercial marketing sys- tem without disturbing effects on mar- ket prices. “I hope,” he concluded, “that you ‘will discuss this problem among your- selves and that farmers everywhere will do likewise, so that we may have your own experience and sound judg- ment as to the wisest course for the nation to pursue.” — \ Weather Report | FORECAST For Bismarck and vicinity: Showers and possibly Friday morning; slightly warmer Friday. For North Da- ature. For WARMER Showers tonight; cooler southeast portion; Friday un- settled, probably showers southeast portion. GENERAL CONDITIONS A well developed low pressure area extends from the Plains States to the Mountain slope (Sher- overlies Great Lakes region. Pre- ‘western Rocky bog? 20.52) while a “High” has lapoleon, N. Dak. over the ‘tes and southern region. Cool weather continues ot vaio She Central Clatricta. “| kota: Showers to- change in temper- Montana: | time attend any of the meetings Lisbon, cldy. .. Max, rain .. SOUTH DAKOTA POINTS High- Low- est est Pct. 56 (74 Huron, cldy. . i Rapid ‘City, eld; MINNESOTA POINTS High- Low- est est Pet. Minneapolis, cldy. . 62 52 22 Moorhead, rain 6 4 WEATHER IN OTHER STATE! High- Low- est est Pet. | Amarillo, Tex. clear... 94 70 .00 Boise, Idaho, rain . -66 52 12 |Calgary, Alta., rain 50 48 «10 Chicago, Ill, cldy. 66 50 .00 Denver, Colo., clear . 90 52 .00 Des Moines, Ia., clea 90 62 02 | Dodge City, Kans., peldy. 94 74 .00 Edmonton, Alta. cldy... 66 52 .00 \Havre, Mont., rain 48 112 Helena, Mont., rain 46 1.16 Kamloops, B. C., clear.. 86 52 .00 'Kansas City, Mo., clear 100 78 .00 |Lander, Wyo., peldy..... 68 48 .00 Medicine Hat, A. rain.. 64 48 01 |Miles City, Mont. cldy. 58 52 .2¢ |Modena, Utah, clear.... 54 32 .08 |No, Platte, Neb., clear.. 98 68 .00 Okla. City, O., clea 76 00 Pr. Albert, S., peldy 44.00 |Qu’Appelle, S., cid; 46 «00 | Roseburg, Ore., cld; 54 00 | St. Louis, Mo., clear. 70 00 |Salt Lake City, U., cl 48 «12 S. S. Marie, Mich., peldy. 36 «00 | Seattle, Wash., cl + 66 54 02 |Sheridan, Wyo., cldy.. 72 52 00 Sioux City, Ia., clear... 72 62 1.36 |Spokane, Wash., cldy... 72 58 01 | Swift Current, &, rain. 66 48 .0¢ The Pas, Man., clear. 0 — Toledo, Ohio, cldy .... 52.00 | Winnemucca, Nev. rain 70 48 46 Winnipeg, Man., cldy... 58 46 .00 Co NTINUEJD from page one: Executive to Say He Alone Planned Fund Collections he was employed by Oscar Chaput. “For what purpose?” “To solicit for "The North Dakota Leader,’ help increase circulation and help obtain money for any purpose the Nonpartisan League wanted to use it for.” McDonald said he started work the same day he was employed. He admitted soliciting employes in the State relief administration offices but explained that he thought the offices were purely a state organization and that he had the right to solicit those employes. He said he had been hired to solicit state employes by Chaput. Prior to soliciting employes in the relief office, McDonald said he had solicited employes in the state indus- trial co mission. Sinkler. and I saw a sign which said ‘State Relief Office.’ I went in and the first persor. I saw was Mr. Kinzer. I_ went to him—I had known him when he was in the state game and fish commission, and explained the proposition to him. = asked him if I could solicit employes in his depart- ment and he said he thought I could. Introduced to Help “He told the help I was McDonald of ‘The North Dakota Leader’ and that I wanted to talk to them. I talk- ed to the help and explained the proposition to them. Finally they de- cided they wanted to think it over. I said I would come back the next morning.” McDonald said he explain- ed the money was to be used for the newspaper and the League. From the relief office, McDonald said, he went to the Bank of North Dakota. McDonald testified the testimony of R. M. Stangler, manager of the bank, relative to his visit was correct. The following day, McDonald said, he returned to the relief offices. There, he testified, Kinzer met him and said the employes had been to him asking if their jobs would be lost if they didn’t subscribe. “Kinzer told me he had explained to the em- ployes that no pressure would be brought to bear on them,” McDonald said. “Did you confer with anyone before going there?” asked Sinkler. “No, sir.” fo, “Did you going the: “No, sir. “Did you talk either to Chaput, Vogel or Governor Langer before going there?” McDonald laughed deprecatingly and answered, “No, I didn't.” Thought Them State Workers “Did y a believe them to be state employes?” “I did.” “Did you intend to do anything to obstruct the laws of the United States?” “No.” “Did R. A. Kinzer turn over to you inform anyone you were ” collected from individuals you had solicited?” Sinkler asked. “I think he did.” “When he turned over the money, did you deposit it any place?” “I don't know whether I did or someone else.” ful of exhibited deposit slips and asked him to pick out those in his ;handwriting. As the attorney started to name them by numbers, his brow puckered and he stopped. “I get all mixed up sometimes, judge. T’m just human, I guess. Excuse mé.” continued, “Now tell me which of these are in your handwriting!” . |had been written by him. cate you received cash from them?” “Yes,” was McDonald’s reply. After the morning recess, Sinkler ness opening with “Did you at any which ‘The Leader’ was j were thrown into the “These are the wrong ones,” he satd.| marck?” McDonald said, “Half of this one,”|ing and was told to list the items which|“well, he kidded me.” “Didn't he ask you about how the | the “Now behind each of these is writ-| work was going and wasn’t there some ten the word ‘cash’. Does that indi-/talk about commissions?” watch continued his examination of the wit- | lost?” tified them as showing the amounts of cash received from employes solicited in the federal emergency relief office. Under cross-examination by Lanier, McDonald testified that he had served an “apprenticeship” befure beginning his work of soliciting under Oscar Chaput, business manager of ‘The Leader.’ “In all of your work you never made threat and you just asked for Pledges?” Lanier inquired. McDonald replied that he always tried to be “gentle” and denied ever having made threats. “Did you ever have occasion to solicit the professors at the University ‘84; 0f North Dakota?” “No sir.” “Any of the university employes?” “Yes sir.” “Now,” said Lanier, “isn't it true that the pressure you exercised there caused a revolt among the students and resulted in your being thrown into a lake?” “tT had a swim in the lake all right,” | McDonald replied, smiling. “As a result of your solicitation you lake. Just why?” Just Youthful Exuberance “I don’t know. It was the last day Of school and they wanted something to do and I was there,” McDonald ex- plained. The statement brought a chuckle from the courtroom spectators and a comment by Sinkler, “Dod you get wet?” The court reprimanded the defense attorney with “Now that isn’t proper, Mr. Sinkler.” Lanier asked, “Chaput employed you?” “Yes.” “When did he first talk to you?” talked to him at the office.” “After you got the job, to whom did you talk?” “How many trips did you make to ae _ighway department with Cha- put?” McDonald replied that he had made several, “How were you paid?” “By the month.” a check came from ‘The Lead- er'?” “Yes,” “Did you go to the governor's office eae Chaput had a desk to get it?” “Yes,” “While you were there, did you ever alk to the governor about collec- ions?” McDonald said he had not. “When you went to the relief office, you saw Kinzer?” “Yes” ae told him what you were there “Yes.” Made Money Collections “And later you went back to solicit Edith Scott and French?” He did, McDonald said. “And thereafter you made collec- tions from these parties?” The reply was affirmative. “Your collections continued into the fall?” “I can’t say. I don’t remember just | ti ti fe “Where did you go then?” asked | how long.” “Well,” Lanier said, “‘we've got some “Well, I was coming down the stairs |¢xhibts here.” Lanier showed him re- ceipts of collections made August 31, ya 3, November 6 and December, “You signed these and the date rep- resents the approximate time you re- ceived them?” Lanier continued. “Weren't you ever told that you mustn’t solicit these people (in the relief office)?” Lanier inquired. “Didn't you have some conversation with Stangler?” McDonald replied that he could not: remember ever having had a conver- sation with Stangler on the matter of soliciting in the relief office. He qualified his statement by say- ing, “about May 11, 1933, Kinzer told me Stangler had talked to him about it and I said ‘one thing I want under- stood is that this is to be voluntary’ and I told Stangler that if I had giv- en anyone to believe that he would lose his job because he didn't sign up, I was sorry. The next day in the of- fice the first fellow I saw was Kinzer and then I talked to the employes and told them if I had inferred that they were to lose their jobs, I was sorry.” Don't Recall Testimony “You heard Mr. Stangler testify here that he saw you and in the course of the conversation he said that ‘By God these people were put on jobs because of need’ and he didn’t want it done?” McDonald said he didn’t recall just what Stangler had said. “Do you say that he never said that?” Lanier inquired. “It was over @ year ago and I don't exactly recall what he said.” “How many trips did you make to the relief office?” Lanier asked. Mc- Donald said he probably had been there “half a dozen times.” “Didn't you learn what they were doing there? Didn't you know that the federal emergency relief office was operated to distribute federal funds, over the state of North Dako- ta?” “No, I don’t believe I did. I just went in and talked to Kinzer or Joe.” “Well, the sign said ‘State Relief Of- fice’.’ “Did the governor know you were solociting five per cent?” “He knew I was working for ‘The Got $100 a Month “what was your salary?” “$100 per month.” “Did you get any commission?” “No,” “Have you any expense account?” “Well, hotels and transportation any of the money which had been| reader” Sinkler handed McDonald a hanit-| were paid.” “Oh then you did have an expense ount?” Ih, yes.” “Now after that trip to Grand when did you return to Bis- “gome time in May.” “Did you, after you got back, have He extracted another group of ex-|s talk with the governor at the Pat- Ne : tt reported 2.75 inches. Fair’ weather hibits from a pile on the desk and|terson hotel?” southern Plains Rocky Mountain “I don’t believe I did.” Lanier pressed the question concern- the governor, and McDonald said, “No.” to have “Well—someone had written him a at letter and—” 2”) ‘The judge leaned forward “Now, Mr. Lanier objected to the question and| McDonald, that's not answering the 4 Donald re- | question,” he warned. “Wasn't there something about a supposed “I think it was after.” “Was there any place you went to- gether before you went to the relief office?” “Well, I don't remember.” The name of 8. H. Dolve, Fessenden attorney and former employe in the governor's office, was brought into the cross-examination, “Do you remember talking to Mr. Dolve at the Patterson hotel when the matter of how much nioney was on deposit in ‘The Leader’ account came up for discussion?” “No sir, I don’t believe I talked to him about the account.” “Did you have a talk with Dolve anywhere regarding the amount of money in ‘The Leader’ account?” “No sir, I don’t believe I have—to the best of my knowledge.” “Now—when you went into the re. lief offices you stated the same ap- Proach as Chaput?” “Similar.” “Did you make any statement as to purpose of the paper?” es, sir.” “You told them it was to tell the facts regarding the administration?” “Something like that.” Purpose Was Varied McDonld testified he “heard the money was to be used for ‘most any- thing’.” “Then you weren't employed for the newspaper only?” shot Lanier. “I was employed to get subscrip- tions,” answered McDonald. “Did you ever talk to Kinzer about his losing his job?” “No. I don’t believe I did.” “You knew why he lost his job?” “No, sir.” “When was the first time you heard about Kinzer losing his job?” “In this courtroom.” “You never heard about his losing his job until this trial started?” “Well—I want to take that back— I was mistaken—I first heard about it at Fargo, during the grand jury.” “Kinzer lost his job in August, wasn’t it.” “About then, I guess.” “And you went right on collecting money during September, October, November and December and you nev- | er heard that Kinzer had lost his job/ because of his connection with the) collection of five per cent?” “No, sir.” “Now when you solicited Mrs. Scott, she protested against it didn’t she?” Admits Woman Protested “Yes—she didn’t want to take it.” “Did she tell you she was supporting her mother and child?” “Yes—she said she had a child.” “Did you tell her to bring the moth- er and child here and have them help sell subscriptions?” “No, I did not—I never did.” “When you solicited Ryckman, did he ask you whom you represented and did you say you had been hired by the governor?” McDonald laughed and replied, “No sir, I did not.” “Well—you suggested quarterly payments and they wanted to pay by the month, didn’t they?” “Yes.” “And you told them you'd find out if it could be done?” “I don't remember if I said that or not.’ “But the change was made? The next day?” “Whom did you see in the mean- time?” Memory Is Not Clear “I don't remember if I saw anyone or not—I remember that that evening T went to ‘The Leader’ and saw Cha- put but I don't know if I talked it over with him or not.” Lanier pressed him regarding where he got his authority to make the change, and McDonald said he had; made similar changes iguring he! had the authority to do it.” He denied again statements attri- buted to him in the testimony of Mrs. Scott and Ryckman. “Then when Ryckman and other witnesses say that you said you would have to see the governor and did see the governor—they're mistaken about that?” “No—I wouldn't say that,” replied McDonald. “You see I talked to hundreds of people around the state " MeDonald’s testimony was cut Short by the court recess and by de- fense attorney's objections to the form of the question. Lanier replied, “All right—I'll with- draw it—but I haven't finished with the witness.” Defense May Take Week ‘Testimony of defense witnesses is expected to take approximately a week, according to George Thorp, who has been acting in the capacity of leader of the defense counsel. It was indicated by Sinkler that a number of prosecution witnesses who have not been cross-examined will be recalled as defense witnesses. Sinkler asked that three other al- legations in the indictment be strick- en. One alleged R. A. Kinzer dis- charged Rose Zlevor from the state relief office because she did not sub- seribe to “The Leader,” administra- tion newspaper. A second claims G. A. Hample ap- Proached Frank Cave asking him to pay his pledge to “The Leader.” A third charges Paul J. Yeater request- ed Cave to pay his two per cent as- sessment toward support of the Non- partisan party, and the fourth claims Frank Vogel discharged Giles Per- sonius for failure to pay his pledge. Kinzer, Hample, Yeater and Vogel are defendants. Sinkler based his motion on the claim that no evidence had been ad- duced at the trial in support of the charges with respect to the various defendants. ‘Thorp, in support of the motion for directed verdicts, presented the fol- lowing formal petition to the court: “Come now the defendants and each of the defendants and move the court to direct and advise the jury to return a verdict in favor of the de- fendents and each and all of the de- fendants upon the grounds and for reasons, to wit: “2. That there is not sufficient evi- dence and no competent evidence to prove the corpus delicti herein, to wit, &@ conspiracy to perform or commit any of the acts alleged in the indict- ment. “3, That the evidence is insuffi- cient in law to establish any conspir- acy of which this court had jurisdic- “4. That the evidence is insuffi- 1e hypothesis of innocence and 1s as consistent with innocence as with guilt and is con- sistent with innocence, “6. That evidence of any and all overt acts herein admitted performed by either or any of the defendants as @ circumstance or as evidence tend- ing to prove conspiracy or any un- ijawful agreement is not shown to have been committed or performed ‘any such defendant with the knowl- edge or approval of the other defend- ants or any of them. “tT. Upon the ground that upon all the evidence in the case no verdict that the defendants or either or any of them was or are guilty of having conspired to commit any offense fraud the United States in any man- ner or for any purpose. “8. And that upon all the evidence introduced the jury could not prop- erly find a verdict of guilty against the defendants or either or any of them upon any ground for any req- son “9. That the evidence is insuffi- cient in law that the defendants or any or either of them at the time or any of the times of the alleged con- spiracy or at any other time knew that any of those solicited from were receiving compensation from the United States and fails to show that there was any conspiracy or agree- ment to solicit from any employe of the United States or to in any man~ ner appropriate any money or value from the United States or defraud the United States in any manner or do any purpose, and that there is no evidence to indicate that when ‘The Leader’ was organized or at any- other time that any defendant par- ticipating in such conference con- templated solicitation from any per= son in a prohibited class, “10. That the evidence is insuffi- cient to show a corrupt motive in any agreement as to the alleged design or alleged purposes of the defendants or any of them. “11, The evidence is insufficient to show that any of the contributions were involuntary. “12, That evidence is insufficient to show that the conspiracy alleged in the indictment was denied into— that the evidence fails to show as to each defendant that such defendant ‘was @ party to the conspiracy alleged in the indictment—that as to each defendant the evidence is insufficient to prove that there were acts done by him to effect the object of the alleged conspiracy.” Howard Taylor, Bismarck, senior highway engineer for the U. 8. Bu- reau of public roads, was called to the stand as the afternoon session opened. When he finished District Attorney Lanier conferred briefly with members of his staff, then announced: bi ae court please, the government rests.” ft Governmen’ Rests “The government rests,” repeated the court, and then excused the jury until 10 a. m. Thursday to give the de- fense time to prepare and submit several motions this afternoon. Taylor was asked about appropria- tions made under the emergency relief act of 1932 for highway building pur- poses. He explained there were two ap- Propriations, one for $120,000,000 for the regular highway system, and one for $2,000,000 for roads on public lands. Of this amount, there was allotted to North Dakota, $1,933,901, and $24,- 850, he explained. Asked to state the amount of money made available to North Dakota under the emergency provision of the indus- trial recovery act of 1933 for highway projects in North Dakota, Taylor tes- tified that from the main appropria- tion of $5,804,448 there was allowed the state for use on work relief pro- jects $900,000, while $63,733 was grant- ed for use on federal land projects. He was further questioned about the amounts already paid to North Dakota, and replied “in the neighbor- hood of $3,000,000.” “What percentage of these monies made available under these acts go to labor?” He replied about 60 per cent ir North Dakc Taylor was then questioned whether the 1933 state legislature appropriated money for highway construction. He said the appropriation was “ap- proximately enough” to cover main- tenance costs. Asked if there were funds left for construction, Taylor answered “pract- ically none.” Taylor Cross-Examined Under rapid-fire cross-examina- tion by E. R. Sinkler, one of defense counsel, Taylor was asked numerous questions relative to his knowledge of disbursement of funds, number of men employed on highway projects, and details of contracts. “How much money went for relief?” asked Sinkler. “I don’t know,” replied Taylor. “How much was paid under the 1933 act to North Dakota?” Taylor said he was unable to say without reference to records which he did not have with him. “You don't know how much was peg to North Dakota?” Sinkler pur- sued, “Not exactly,” Taylor replied. ‘Well, was all the money used for labor?” ‘Not directly—it goes to the con- tractor and gets to the laborer, al- though not directly.” “What date did the first money come in?” asked Sinkler. “I don’t know.” ‘What date did the last money in?” come “The last hasn't come in,” Taylor replied, somewhat testily, “there's still more to come.’ Taylor then testified that under the May 12 act, North Dakota has re- ceived approximately $200,000. He explained vouchers for payment went through his office for approval, then went to Washington. ‘The first contract was let for work in September, 1933, he said. “Are you sure it wasn't in October?” Sinkler cross-examined. ere. was in September,” retort- ed Taylor, Sinkler hitched forward on his chair, elbows resting on his knees, his fingers locked together. Trouble With Langer “Now, Mr. Taylor, you had trouble with Governor poy pegs you?” Lanier called “we our honor —that’s immaterial” Sinkler, smiling, leaned back in his chair, as the court sustained the ob- jection and Taylor was dismissed. Following Taylor’s testimony, Lanier informed the court the government rerted its case. Immediately, the entire staff of defense counsel arose and in AL the conclusion ot the cone! whispers, the attorneys st zee and the courh be tomorrow.’ he expected to dispose of the motions could properly be found to the eftect| Wednesday afternoon, against the United States or to de-| their places around the table. At the second table the three prosecution at- | cording to testim produced by the torneys leaned back in thelr chaits,|covernment, and that “any issuance Continued their heavy work finished for the/of checks does not constitute an as- time being. signment.” One More Week Usting 12 arguments for the court to consider “in directing @ verdict in fa- vor of the defendants.” fendant Hample, was next to Hample,” he began, court to return a as to Hample of a total absence of any or all testl-} At the conclusion of the attorneys’ VAT DYE PERCALES, mony connecting him with any con-|motions for directed verdicts, Sinkler VOILS, LAWNS, BATISTES spiracy or association with the al-jaddressed another motion to the All Fast Colors leged conspirators. court. 180 yard; “And further that the facts dis- Wants 20 Overt Acts Stricken 2 yards . closed by Hample show that he acted on the instruction of his superior in aot money in the highway of- ice. not only but are entirely consistent with his innocence. the grand jury and again submitted himself as a witness in this case. and complete absence of any and all testimony associating himself with the alleged conspiracy, except only such conduct as testified by him, shows, his conduct to have been entirely in- consistent to guilt.” defendant Yeater, said he wished the court to direct the jury to return a grounds stated in the general motion by Thorp and on the further grou that the testimony brought out by government failed to connect Yeater with the alleged conspiracy. call the court's attention to:the case of Hample. He pointed out that the government's testimony in regard to collections of money from persons in the highway department, where Ham- the purpose of showing an overt act but to show the existence of the gen- eral conspiracy. Ham| his conduct in the highway dapart- ment.” A. Kinzer, F. J. Graham moved for stated by Thorp” and further that there is “an entire absence of testi- mony to show that he was present] in the fall. — Rope, 7- oa alleged conspiracy took| "Due to the great amount of interest aa por sein ae took charge of some money left with him in the federal emergency relief pected to important and best years 4 inauguration of the DeMolay ae ter. Members hope that they wi able to bring the state DeMolay cone clave to Bismarck within the next few years. ra 1934 conclave, held at Grand Forks May 4-6, was the first intere national meeting of DeMolay mem- bers ever to be held. ic meete ing, delegations represen! Sainnesota and North Dakota were ing year office after his father had left. For the elder Kinser, he also asked for a directed verdict of not guilty on the grounds that “there is no evidence to show that he was present at the time the alleged conspiracy was formed.” Gordon Cox, acting for Oscar Ch- put, made a similar request for his Client, on the general grounds stated by Thorp, on lack of evidence to show that he attended any of the alleged conspirators’ meetings and that he solicited only among state employes. In asking for & directed verdict in favor of Vogel, J. K. Murray stated that there was “no impounding of employes’ salaries, either state or fed- eral, in the highway department, “ac- “Gentlemen,” said Judge Miller, “the government has rested, and vari- ous defense counsel hr.ve advised the court that they have several motions which they wish to present. “The court must dispose of the mo- tions before the case can proceed. De- fense counsel have not yet decided on the order of the introduction of their testimony. i “I am inclined to think the case will expedited if I excuse you until 10 a. m., ” The court said As the court crier shouted the end ‘Thorp rose and addressed the court,| For these reasons he asked a directed verdict in favor of his client Vogel. Hanley made a request for a direct- ed verdict in favor of Harold Mc- Donald “on the grounds of reasons named | in the general motion by ‘Thorp.’ “Are there any motions?” the court inquired. The attorneys remained silent. “The court will rule on these mo- tions at 10 o'clock Thursday morn- ing.” By Popular Demand John Sullivan, attorney for the de- address instruct verdict of for the reason “The defense at this time moves to hhave the court strike from the indict- ment the alleged overt act number 1 and to take from the consideration of the jury also alleged overt acts 2, 3, 4, 5, 6, 7, 8, 0, 11, 12, 13, 14, 15, 16 for the reason that the court in re- spect to all such overt acts has indi- cated that evidence introduced be considered only as to the intent of the crime charges, to-wit—a conspir- acy to defraud the United States. And we move to strike out number 17 for the reason that there is no evi- dence whatsoever in the records per- taining——” “Just a minute,” the court inter- vened, “aren't you getting ahead of the procession? There is nothing as yet to present to the jury.” “I thought it proper to introduce this motion now along with the other motiors,” Sinkler replied. The judge said he would consider the motion now if Sinkler insisted. Sinkler then added overts acts 19, 20 and 21 to his list, to be striken from the indictment “for the same reasons.” DeMolays Elect Luck As Master Counsilor Robert Luck was elected master councilor of the Bismarck chapter, Order of DeMolay, at the last regular meeting of the year held Wednesday night. Luck succeeds Charles Swen- s0n. Other officers chosen are: Donald Bor Neil “The circumstances in this case are inconsistent with his guilt “Voluntarily, he appeared before “Therefore,” he concluded, “the total HOSE, chiffon, service, pair Peter Garberg, attorney for the favorable verdict to his client on the nds the Sullivan again got to his feet to Ladies’ percale WASH DRESSES ........00. Child@’s COVERALLS, fall cut sizes......... 89c 59c ple is employed, “was not offered for “The only overt act charged against ple,” he continued, “concerned Asks Verdict Favoring Kinsers In behalf of the defendant Joseph Here are some real values at Gamble Stores. All Rub- ber Garden Hose, 250 lbs. pressure test, 25 ft., $1.29 Humphreys, scribe, and John Cam- eron, treasurer. Remaining officers will be appointed by the master coun- cilor prior to resumption of meetings directed verdict “on the grounds shown in DeMolay by members of the Bismrack Masons and the per- sonal attention given to chapter meetings by the older men, the com- The Bismarck Tribune ~ Offers To The Public ™ a VJ A> TC SLY Li PRICES fi still get soap at our low “The only evidence prices, that he 5 a CLUB Ne. 8-123 CLUB Ne. 8-123 CLUB Ne. 8-137 thtinder (Wkly) 2 Ye, | Pictorial Review, 3 ¥r. Saige romans worla,t Ye. Household Magesine, 2 Ye. | “ners! a i Sond Seneie 2 xe sen | sasthere Meme Lite, 4. 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