Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-11
Boucher: What next and who said ite

III the llu'lOF case 10 De Crleu IN November.
After a little consideration on my part |
said l would do it.
Boucher: Did YOU say on that occasion
that you would do what you could without
doing anythingiwrong?
Mason: l think l stated to Mr.. Healy
prior to the conversation; | think that was
the first answer l gave him.
Boucher: By hat occasion, l mean the
time that you three were IN the office to-
gether. Now please state whether you did
or not say o would do what you could
without dong anything wrong?
Mason: Yes, | did.
Boucher: What was next said by either
of you after the last that you lave testi-
fed to?
Mason: That is about the closing of our
conversation
Boucher: State anything else that
was SAID by either Of you three at that
interview in the office.
Mason: Mr.. Healy said 'you wanted
some money, didn't your? | said I did
He said "you can have it," I went out
of the office.
Boucher: Nothing further was said
by either of you three?
Mason: No sir, not to me.
Boucher: Well, while you we're in
there?
Mason: No, sir.
Boucher: Was some money then paid
TO you, and if SO, how much and by
whom?
Mason: I received S. by his son, Will
Healy.
Boucher: What was that S. for?
Mason: For %janitor work at the Baptist
church.
Boucher: 1t was all of it for that:
Mason: Yes, sir.
Boucher: When Judge Gray saw you at
the Jail, who besides yourself was present
at the Jail?
Register: Objected to.
Court: Sustained.
Boucher: Did you not on the occasion
that Judge Gray was in to see you at the
court house on "Wednesday or Thursday of
last week, say to him in the presence of
the sheriff, Frank Donnelly, that Mr.. Healy
had nothing to 90 with yOur going away
and failing to appear at the district court,
or that in substance.
Register: Objected to.
COurt: Overruled.
Mason: Judge Gray came in there and
commenced asking me some questions and
wanted to know il [ wanted him for my
attorney in the case. | made some reply
and Sheriff Donnelly says that he is my
prisoner and he is obliged to be brough
before the court, and refused to have me
further interviewed. Judge Gray said he
would go and get an order from the judge
for al interview and the sheriff said all
right, and then went and left me confined,
Boucher: Now answer the question.
Mason: l mean to say that l was asked
that question and prevented by the sheriff
from answering it.
Boucher: Did you not at time, in the
presence of Sheriff Donnelly, say to Judge
Gray that Mr.. Healy had told you not to &c
away, OF words to that effect?
Mason: l don't remember of giving any
definite answer to his question.
Boucher: You mean to say that he die
ask you that question.
Mason: Yes sir, he asked the question
Boucher: Will yOu please state what
the answer was that you did give.
Mason; He asked a number of questions
and Mr.: Donnelly stated he had no RICH
to ask them, because l was his prisoner
Judge Gray asked me if had said, or to
the effect, that he (Judge Cray and Mr.
Healy had implicated or advised me to &C
away. Then the sheriff said l was hi:
prisoner, and they commenced talking, an(
l was prevented from answering.
Boucher: Did Judge Gray, on that occa
sion. appear there as your counsel or attor
ney?
Mason: He came and asked me if
wanted him for my attorney.
Boucher: Did you tell him if you did o.
did not?
Mason: l told him l would need an at
torney. Then he asked me if l wOul(
want him for an attorney. l told him
would be glad to have him appear for me
Then he commenced to ask me questions
Mr.. Donnelly prevented further question
ing, so he wasn't employed as my attorney
Boucher: Did not Judge Gray after tina
} say that he would get an order from thu
judge to see you as your attorney?
Mason: He did.
Boucher: And did You not tell him tina
Won wished he would
Mason: didn't make any more repl.
after the sheriff said was his prisoner.
} Boucher: Now, on Monday, the 2Srd da.
of December. 1891. being the day befor
the court convened, which of these defend
} ants did you first see?
Mason: Mr.. Healy.
Boucher: At what time in the day?
Mason: Some time between 9 and l
o'clock in the morning.
Boucher: Where?
Mason: At Mr.. Healy's store.
Boucher: Did you have a conversation
with him?
Mason: did.
Boucher: Who was present. during tina
conversation?
Mason: The conversation was hell
strictly between Mr.. Healy and myself.
Boucher: Was there no one else in tn
store?
Mason: When we c%onversed there wa
no one but the clerk and he was busy 60
ing out and in.
Boucher: Then this conversation wa
had in the store not in the office?
Mason: The beginning of the converse
ton was had in the store.
. Boucher: State the conversation tina
was had in the store telling who spok'
first and what was said.
Mason: The first conversation was ad
dressed to Mr.. Healy by me. To know i
l could get some -four inc groceries. l tolt
him there was a little due me on the JAM.
tor work and l thought they were ow
ing for %janitor work and l spoke to him il
relation to this SWenson case asking hin
if Mr.. SwensOn had voted for him. ii,
said he didn't think Mr.. Swenson had
They were very busy in the store and
helped him some, storing away apples
Then in the meantime we went into thu
Office n lad some further conversation
about it. That is to the effect that l ough
to help SwensOn out IL | agreed to.
think Mr.. Healy said he didn't want me tt
do anything that would make myself o.
famiy suffer. l think that is about all thu
conversation we had on that matter.
Boucher: IL changed from the office tt
the store as you have indicated in you
answer?