Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-01-17

larry examination"
This was the first chip that was knocked
from the shoulder and The audience set
tied down for an afternoons entertain
ment.
County Auditor Marsh was the first wit
ness sworn. He testified with regard to
the mutilation of the record by Healy.
When the bills of the TRIBUNE and Dis
trict Attorney Barnes and Superintendent
Perkins were allowed the roll call was de-
manded-Messrs. johnson and Edgerly
voting in the affirmative and Mr.. Healy in
the negative.
Judge Francis asked if there had been a
warrant drawn for the bill allowed to the
Bismarck TRIBUNE.
Newton objected.
Court overruled objection.
Marsh replied "yes."
The record book of the minutes was pre-
scented by the prosecution to show that the
TRIBUNE bill had been allowed and Or
dered paid and that at the next meeting
these minutes were approved.
Newton objected on the ground that the
minutes had not been attested by the audi
tor.
Francis: That objection is so frivolous
when compared with the serious character
of the charge, that l will make no an
SWer.
The court overruled the objection and
the minutes were admitted.
The warrants drawn to the Bismarck
TRIBUNE in pursuance of the action of the
board was then presented, together with
the warrant book. Here another objection
was i%nterposed by the defense and another
brief wrangle ensued. When Francis
sly A orc Il mi INn hhN nv y,>k trN Nv,
was attached to the book, the defense OBJ.
iected, but the court permitted an answer.
The stub OF the warrant was introduced,
the defense objected, the court Overruled.
Then the book, warrant and stub was Of
fered again came the objection from
the defense, some one raj the little bell
on the miniature hook and ladder truck in
the rear of the room, the court o%yerruled,
and the exhibit was admitted.
AFTERNOON SESSION.
In the afternoon Auditor Marsh de-
scribed the change that had been made in
the warrant by Commissioner Healy. On
Monday morning Healy came to his office
and asked for the warrant book. He then
signed all of the warrants that were writ
ten up or the stubs of which had been
written.
Francis: Was the stub for this warrant
written up?
Marsh: Yes. The stub, warrant and all
was written. Healy, after signing the
warrants, went out and was gone about
twenty minutes, when he returned and
said he wanted the book to sign the re-
mainder of the warrants. He was told
that he had signed all of them. He said:
mo, l haven't"
Francis: Had he then signed all of the
warranted
Marsh: Yes sir. But when he got the
book in his hands he sat down at the end
of the table. l turned around and while 1
was looking away he erased his name
from Mr.. Barnes warrant. When l again
looked at him he was drawing his pen
through the TRIBUNE warrant. l snatched
the book from him and asked him what he
was doing. He said he was erasing his
name from the warrants.
After answering a number of questions
in identification of the mutilated warrant,
the witness was given over to the attorneys
for the defense for cross-eXaminatlon. The
points attempted to be made by the defense
were: That the warrant was not a part of
the records OF the county auditors office;
that it was not regularly drawn; that there
is no reason to believe that Healy did any
thing he should not have done as the COM
missioners at the next meeting changed
the amount of the bill When asked the
practice in the past with regard to the ap-
proval of bills, Mr.. Marsh replied that they
had been presented to the board and if
man who signed them-that was when the
chairman was in the majority. When he
got in the minority he refused to sign them.
During a little tilt here Hanitch retorted
to an interruption by Francis by remark
ing: You are not the judge now-you are
IN ~ex-judge," thus pleasing the audience
who were there to see a row.
Another paSSage-at-armS tool place when
the defense offered the bill of the TRIBUNE
in evidence, and some personal remarks
between MI. Hanitch, in which the latter
retOrted to the %insinuatiOn that he was not
Overstocked with a knowledge of the law,
by saying that he had practiced so long
before Francis, as Judge, that e,could moi
be ignorant. YES" replied Francis. II
discovered the same woeful lack of know.
ledge then"
A little sizzling noise indicated that the
boiling point had been reached and again
the attorneys returned to the paths OF
peace.
The great dramatic event of the day was
furnished by the gallant O. p. M
Jamison, who, with his most impressive
scoWl and tragic mien, sprang to the centre
aisle and presented a book called the
warrant record book" which it was
charged in the complaint was mutilated
He defied the prosecution to show where il
was mutilated. In other words he claimed
that there had been a mistake made in the
drawing of the complaint and that the
book claimed to be mutilated had not been
touched.
Now it was Judge Francis turn to take
the floor, and ne did so with that agility
which characterizes all his movements.
He said he had never seen so brazen a
piece of etfrOntry in a conrt room. 1.-THE
defense gets up here" said he, land tells
us that we did not mean this warrant book
but some other book, and then proceeds tU
argue from the false standpoint. Not only
do they make a bold attempt to misrepre.
sent counsel for the state, but what is
worse, they insult the intelligence of your
honor who drew the document which thew
critlcise. What a prepoSterOus position!
What a ridiculous attempt to evade the
questlOn-as II a man arrested for stealing
a horse should say, this is not the horse /
stole; l stole another one [Laughter.1
"After a brief season of parrying in
which all sides were given 'shots,' the
court adjourned until to-day at IL O'Clock
a. M, VIXEN the examination will be con.
tinued.
HOW THEY MEET THE ISSUE.
One Of the most noticeable features OF
the examination was the number of law.
yers employed by Healy. Three of them
were in court, 1t is understood on good
authority that he had a guard stationed
between this point and Washburn to EN-.
ploy F. Fl. Register while on his way back
----H mr.