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August 22: Circumstantial Evidence

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According to LaMoure County officials, the murder of Hans Bjone was one of the strangest crimes in the county’s history. Bjone was a bank official. On the afternoon of February 28, 1927, someone came into the bank, murdered Bjone, emptied the vault, and disappeared. Over three thousand dollars had gone missing. The killer left no clues, and the authorities were at a loss, but suspicion quickly fell on Francis Tucker.

Tucker lived and worked on a farm near Verona and was in financial difficulty. A merchant had refused to sell him coal because his unpaid bill was over one hundred dollars. Then the police learned that Tucker, just an hour after Bjone was killed, paid his bill in full with crisp, new bills and a few silver dollars. Over the next few days, Tucker spent over eight hundred dollars, using new bills and silver dollars. Part of the money missing from the bank included one hundred silver dollars.

Tucker’s family stood by him. His brother-in-law John Magill pointed out that there were several cars in town on the day of the murder and they had not been accounted for. Why hadn’t the drivers of those cars been investigated? When asked why Tucker’s explanation of where he got the money kept changing, Magill brushed it off, saying Tucker “is such a forgetful little cuss.”

The case against Tucker was based on circumstantial evidence, but it was enough for a jury. He was found guilty of murder in November, 1927 and sentenced to life in prison. He was released on bail pending his appeal of the verdict. In December, his bail was revoked and the court ordered his arrest.

Over the years, family and neighbors and Tucker himself filed appeals for a new trial, but those efforts were fruitless. Another appeal for a new trial claimed there was new evidence that could exonerate Tucker. The state argued that the time limit for such an appeal had passed. On this date in 1931, Judge Fred Jansonius agreed with the state and denied the appeal.Tucker’s case came up before the Parole Board several times over the years, but he was denied each time.

Dakota Datebook by Dr. Carole Butcher

Sources:

  • Galena Gazette. “Found Dead in Vault of Bank.” Galena IL. 3/2/1927. Page 1.
  • New York Times. “Robbers Murder Cashier and Loot Vault of a North Dakota Bank and Escape.” New York NY. 3/2/1927. Page 2.
  • Bismarck Tribune. “Francis Tucker is Denied New Trial in District Court.” 8/22/1931. Page 1.
  • Bismarck Tribune. “Circumstantial Evidence Points Strongly to Tucker As Slayer of Verona Banker, Officials Claim.” Bismarck ND. 5/20/1927. Page 1, 7.
  • Bismarck Tribune. “Tucker’s Neighbors Petition State for Reopening of Case.” Bismarck ND. 3/5/1929. Page 1.
  • Bismarck Tribune. “Tucker Appeal Will Be Heard in June.” Bismarck ND. 5/17/2928. Page 9.
  • Bismarck Tribune. “Parole Board Meets to Hear ‘Lifer’ Pleas.” Bismarck ND. 7/20/1933. Page 4.
  • Bismarck Tribune. “Denied Clemency by Parole Board.” Bismarck ND. 7/22/1933. Page 1.
  • Bismarck Tribune. “Pardon Board to Hear Many Pleas.” Bismarck ND. 11/5/1937. Page 7.
  • Case Text. “State v. Tucker.” https://casetext.com/case/state-v-tucker-228/ Accessed 7/4/2024.

Dakota Datebook is made in partnership with the State Historical Society of North Dakota, and funded by Humanities North Dakota, a nonprofit, independent state partner of the National Endowment for the Humanities.

Any views, findings, conclusions, or recommendations expressed in the program do not necessarily reflect those of Humanities North Dakota or the National Endowment for the Humanities.

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