Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-11
would rather he axcnsed.

bOucner: In the afternoon OF November
%. 1891, after having the interview in the
office of Mr.. Healy with Mr.. Swenson as
you have already testified on your cross
examination, when did you next see Mr..
SWenSon, and where?
Mason: | saw him on the streets. | was
UP in Mr.. Newton's office. | had no fur
Their interview with him until 5 o'clock.
Boucher: Did you have an interview
with him at s O'clock?
Mason: l did.
Boucher: Where?
Mason: In Mr.. Healy's office.
Boucher: Who was present?
Mason: No one but Mr.. Swenson and
myself.
Boucher. What was said at that time
by eithprsof you?
Mason: | brought up the statement of the
amount of the matter we had pre-arranged.
The O'Shaugnessy note.
Boucher: Who spoke first as to it:
Mason: | dom remember.
Boucher: What was first said?
Mason: | think Mr.. Swenson asked me
II l had found out the amount.
Boucher: What did you say to that?
Mason: | gave him the written state
ment | had from Mr.. ~O'Shaugnessy. l
made no remarks when l got the state
ment.
Boucher: What was the first thing said
after that by either of you?
Mason: He said he would comply with
that, get the money and meet me at
OIShangheSsy's in half an hour.
Boucher: What else was said if any
thing?
Mason: He said he would give me $40.
| don't remember who spoke first in rela-
ton to the money. | think that is about
all the conversation that was had at thai
time.
Boucher: You don't remember whether
you asked him to give you $40.
Mason: | don't Inn there was any
thing said about it either way more than
he offered to give me some money. | think
he offered it on a consideration of my do
ing HIM a favor.
Boucher: What happened next?
Mason: | let him out the rear of the
office and went out into the store myself
and had a conversation with Mr.. Healy.
Boucher: Was there anyone present dur
ing thai conversation besides you and Mr..
tween him and me.
Boucher: Was there anyone else present
besides yourself and Mr.. l1ealy?
Mason: | think not.
Boucher: What was said first and who
said it?
ing to leave the money there for the note
and told him that he was to give me $40 in
money.
Boucher: What else was said if any,
thing?
Mason: That is nearly the extent of our
conversation | think.
Boucher: Do you mean by that YOU
don't remember anything else that was
said?
Mason: l want to state that in..the great
er conversation some things were said
that were not in connection with this.
Mason: | say that there were a number
of things said one way or another that |
have no particular recollection Of just what
they were now.
Court: In other words, you have given
all the conversation you %recollect, have
you?
Mason: Yes, sir.
Boucher: What did you do next?
Mason: Went down to Mr.. O'Shaugh
neSSy'S store.
Boucher: Did you 90 in?
Mason: l did.
Boucher: Who was there?
Mason: Customers trading.
Boucher: Any one else?
Mason: Mr.. O'Shaughnessy and Sven
son and the young lady clerking III the
store.
Boucher: Was there any conversation
took place in there which you heard and
took part in, or which Mr.. Swenson heard
or took part in?
Register: l wish the questions be read
: as Mr.. Skeels put them down.
t Boucher: | object to having them read
l Register: l insist they be read.
MIR. Stoyell, counsel for defendant Sven
| son, asked that the questions be read by the
long hand reporter, Mr.. Skeels.
Mr.. Boucher objected to having the cues.
lions read until the answers had been Civ
en-, as he wished to ask the questions of the
witness himself.
Court: Let the questions be read.
Mason: There was.
, Boucher: State who spoke first and what
was said.
Mason: Mr.. Swenson came to business
in the matter, and old MIR. O~'ShaughneSsy
he came to deposit that money.
= Boucher: Did he say that money?
Mason: To that effect.
Boucher: Did he use these words, 81
came to deposit that moneyw
Mason: 1t would be difficult for me tt
! state Just how every word OF our Onver
:, satiOn was WOrded.
r Boucher: Please give the language Mr.
SWenSOn used as near as you can recOl
f lect it.
= Mason: lie said to Mr.. O'Shaughnessy
here is that money that / am to leave will
you in trust for Mason'S not appearing
/ against me which YOU are to pay him if ht
+ does not appear.
; Boucher: Did he hand it to him as hi
said it,
, Mason: He did.
Boucher: Did he tell him how mucl
, there was?
+ Mason: He gave Mr.. ~O'Shaughnessy the
: money, who counted it and said it was al
right.
Boucher: Did you see him count it?
Mason: | did.
Boucher: How much money was there
Mason: $50.
Boucher: You say in your answer
above, for Mason's not appearing, that re
+ ferred to you did it not?
! Mason: l did.
Boucher: Not appearing, when ant
\ where?
, Mason: At the district court on Novem-
Der "a against Mr.. SWenson in the Liquor
case.
Adjourned to 2 o'clock.
J At 2 o'clock Mason's cross-examinatior
was continued.
Boucher: What else, if anything, was
said by Mr.. Swenson, Mr.. O~'Shaughnessy
or yourself?
Mason: First, Mr.. O'%Shaughnessy said
he would keep the money in trust pei
agreement, subject to our orders. Later
Mr.. Swenson said, | will get the $40 fol
you and leave it with Mr..Healy or at Mr.
HpalV,S if I dOn't 500 vO, for vou