The Nonpartisan Leader Newspaper, September 29, 1919, Page 8

| BY A STAFF CORRESPONDENT NOTHER act in the drama, “Put | Townley in Jail and Bust the League,” was put on at Jack- son last week by Judge E. C. Dean and Prosecutor E. H. Nicholas. The occasion was the hearing set to pass upon the application of Townley and Gilbert for a new trial. The court, it developed, was not really, ready for the hearing. The transcript of the case had not been completed, although the trial had been finished more than two months before and Townley and Gilbert had paid in advance for the tranécript, the t court reporter, a brother of Prosecutor Nicholas, | i representing that this was necessary to have the ¢ & work hurried along. . Without the transcript before him, Judge Dean | admitted that he was unable to determine whether | i errors had been committed during the trial or not. | | He strongly inclined to the opinion that there was " error in the record, but he added that he didn’t think the error was bad enough to grant a new trial. He. couldn’t pass on the question finally, of course, until the transcript was completed. But the opportunity for some anti-League publicity ; was too good to pass by. So Prosecutor Nicholas { # made a half-hour speech, in which he tried to clear i himself of his lie on the witness stand, and, failing i in this, expressed regret that | & -the legislature had not passed | i a law prescribing a more se- i vere penalty for Townley and ¢ Gilbert. Judge Dean read a written statement, prepared in ad- vance, in which he claimed he was absolutely unbiased and then azreed with Nicholas, who had just been regretting that Townley and Gilbert couldn’t be sent to the penitentiary. On top of telling how unbiased he was Judgze Dean sentenced % Townley and Gilbert to three months in jail, the maximum penalty under the law, and ¢ then explained that he wasn't ready yet to pass finally on the question of whether they should have a new trial or not. R Judge Dean’s statement, in the nature of a decision on the case, was prcpared and distributed to news- papers in advance of the hearing, before the judge knew what points, if any, would be raised by attor- neys for Townley and Gil- bert. It was being circu- lated in Minneapolis by the Minneapolis Jour- nal while Judge Dean was reading it from - the bench. Long “alibis” to justify their attitude in the con- duct of the trial of A. C. Towrley and Joseph Gil- bert were made by both Judge Dean and Attorney Nicholas. Both officials made bitter attacks upon i TR newspapers and magazines favoring the defer!d- ants and assailing the conduct of the trial. *° NICHOLAS ATTEMPTS TO SQUIRM OUT OF LIE Attorney Nicholas made an effort to squirm out of the charge made in the Minnesota Leader that he had made deliberate misstatements on the wit- ness stand, and sought to convince the auditors that the assertion that he had been active in the circulation of Ferdinand A. Teigen’s anti-League book was-a falsehood. He was forced, in reading the transcript of the statement which he gave on the stand, to show that he had said he had not helped Teigen dispose of the books, a statement which was flatly refuted by the publication of cor- respondence between Nicholas and Teigen. . The county- attorney also asserted that the League agents “are still preaching sedition, still preaching open revolt, still preaching the overthrow of the United States Constitution.” He had reference to a meeting held in the St. ¢ the defendants, their counsel, the League and- ‘ganization. Paul Auditorium a few months ago at which an attorney, formerly connected with the League, spoke. He made the assertion that' the meeting was under the auspices of the League and said that the attorney who spoke was the secretary of the Nonpariisan league. Both of these statements are flat lies, and Nicholas knew them to be so. One act showed clearly the attitude of the court toward the defendants. When court opened, the judze stated that, as the presiding officer of the court, he alone made the rules and extended the priviteges of:the court, and that none but favored press representatives 'would be permitted inside the courtroom railing. The Associated Press cor- respondent and reporters of two papers favorable to the prosecution in the case were permitted to remain in the presctribed area, and the Leader rep- resentative forced to find a seat in the rear of the courtroom. Judge Dean admitted, when he started reading the typcwritten statement that had been prepared in advance, that the effect of the Jackson trial tended to the benefit of the League by “adding large numbers to their list of members.” He said he wanted to dispose of the idea that he was biased against the League and attacked an interview ap- pearing in the St. James Plaindealer in 1918, in which he was quoted as attacking the farmers’ or- He said the statement was “unauthor- Nineteen farmers appeared at Jackson when A. C. Townley and Joseph Gilbert came up for sentence last week, ready to sign bonds. When the judge saw them he de¢ided no new bonds were necessary.. The men in the picture are: Axel Sandberg, Herman Pohlman, C. F. Rossow, Henry Beseke. .Second row—F. C. Sie- vert, C. W. Pohlman, N." A. Johnson, F. E. Day, C. J. Zwirn, Henry Brill. Bottom row—J. P. Koster, C. F. Wendel, A. P. Van Dam, H. H. Albers, L. W. Kraft, Matt Gentry, Gus Nimmerman. ized,” but failed altogether to deny that it repre- sented his opinion; in’ fact admitting that the statement was written as the result of his conver- sation on the League with two other men. Judge Dean went on to .read from the prepared statement that at no time had any one “intimated that a_change of place of trial or a different judge was desired.” \ This statement was so far from the facts," well known to Judge Dean, that hearefs who knew the’facts doubted whether Judge Dean had actually prepared the statement or had even read it over in-advance of the time it was delivered from the bench. During the trial Judge Dean’s attention had been called spe- cifically to his apparent bias and it was sug- gested that the case be assigned to another judge, but Dean replied that he was without bias and insisted on going ahead. Judge Dean showed either his lack of knowledge of the laws of Minnesota or a plain attempt to dodge issues when he intimated that a change of venue could have been secured by filing an affi- davit with him. As Judge Dean should know, a change of venue can be demanded in a criminal case only when the crime is punishable by death or i state prison sentence, while the offense of which Townley and Gilbert were accused is only a misdemeanor. b Judge Dean also showed his disregard of the PAGE EIGHT Upper row—Art Gentry, Herman Rossow, - Judge in Townley Trial Tries to Alibi | Glaring Misstatements Found in Dean’s Defense, Made When Defendants Appear for Sentence—Nicholas Tries to Squirm Out of Lie law by referring, again and again, to the fact that Townley had not taken the witness stand, to jus- tify his own refusal to allow Townley his right to addressg the jury. It has been a rule of law for hundreds of years that a person accused of crime is not required to take the stand and it is’ judicial misconduct under the laws of this country for a judge, while a trial is being held, to refer to the failure of a defewdant to take the stand. Judge Dean tried to make out that Townley had no right to dismiss his counsel and address the jury, al- though section 4947 of the Minnesota code’ plainly provides for a layman appearing in an action as an attorney, “in his own behalf when a party thereto,” and the constitution, in providing that a man can not be sentenced “without due process of law,” guards this common law right of a defendant, which has been exercised and approved by courts for centuries. SUPREME COURT PERMITS PLEAS BY LAYMEN As a matter of fact, the supreme courts of many of the states have allowed laymen to present cases on appeal before these courts, although in such cases only law points are involved. The intention of those in charge of the defense at the Townley-Gilbert trial had been to put Mr. Townley upon the stand. This intention was only abandoned after Congressman John M. Baer had been upon the stand and the court had shown clearly that he would not allow a fair exami- nation of the witness. Con- gressman Baer was browbeaten and insulted by Attorney Nich- blas and Assistant Attorney General Markham, with the ap- proval of the court, while law- - yers for the defense were not important facts in regard to the loyalty of League leaders. Since it was apparent that Townley, if he went on the stand, would be permitted to give no other testimony than a bare denial that he had been disloyal, the plan of putting him on the stand was abandon- ed and it was decided, instead, that he should explain his own speeches to the jury on the argument. This legal and con- stitutional right was denied him. - Judge Dean tried to pick minor errors in accounts of the trial appearing in Leslie’s and the Public, two of a large num- ber of magazines that have A % : soundly berated Jackson coun- ty “justice.” He failed. to try to answer articles that have appeared in the Nation, the New Re- public, the Outlook and many other magazines of like character. After denying that Mr. Townley had the right to address the jury, Judge Dean attacked him for failure to be present on.the opening day of court. Judge Dean failed to mention section 9200 of the Minnesota statutes, or pos- sibly whoever wrote the statement for him didn’t know there was such a statute. This statute provides: - “If the indictment be for misdemeanor the trial may be had in the absence of the defend- ant, if he shall appear by counsel; but if for a felony, he shall be personally present.” The offense charged .against Townley and Gil- bert was a misdemeanor, hence it ‘was not neces- . sary for them to be present. : Judge Dean also sneered at the Red Cross col- lections that League farmers had -taken up. He did not seem to realize that the farmers did not have quite as much ready money as the group of Jackson county business men and politicians who presented him with a diamond pin after the Town- ley trial had resulted in a conviction. ‘- As soon as possible the Townley and Gilber cases will be appealed to the supreme court and this body will be given a chance to pass on the kind of justice administered in Jackson .county. allowed to bring out the most -