Name: James Albert "Mickey" McGlynn


Age/DoB:  Nov. 28, 1881

County of Conviction: Carter

Judicial District:  16th

Case No.: 10

Date of Conviction: Nov. 21, 1918

Sentence: $500 fine

 

 

 

 

 

 

 

 

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Allegations:  Arrested in Miles City at trial of his assailants and charged with sedition. Later re-arrested in Carter Co. Alleged to have said on March 29, 1918, that maimed children being exhibited in this country as having been injured by the Germans had in fact been maimed in factories in the eastern states.

 

Case Details:  Jury had been 11-1 for conviction with recommendation of not less than 10-15 years in penitentiary. One juror stuck out and a compromise of a $500 fine was agreed on. McGlynn refused to pay fine and remained in jail. Supreme Court issued writ of habeas corpus in December. See Helena Independent Dec. 3, 1918. After release, McGlynn appealed his conviction and Supreme Court reversed on June 27, 1921, 199 Pac. 708 (1921) #4472, on grounds that he was improperly charged, as the prosecutor had added seditious meaning to McGlynn's alleged comments by adding explanatory material in brackets. Facts, not conclusions, must be stated in the information, the court said.  Court also noted that circumstances under which remarks were made should have  been set forth, "as it is obvious, if uttered in private conversation to a single person, it would have a radically different complexion than if spoken from a public platform."

 

Personal Information: Born in North Dakota. Raised in Sidney, one of at least five children of a wealthy farmer. Married about 1908. Had four daughters. Worked as an organizer for the Non-Partisan League. Beaten up in Miles City. Assailants "tried" and found not guilty. McGlynn arrested for sedition at same time. Was a gas and oil salesman in Minneapolis as of the 1930 census. Died Jan. 13, 1952, at age 72 of burns suffered as he was trying to rescue puppies from his burning cabin in Woodinville, Wash.

 

The Montana Sedition Project