Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-11
Boucher: Where were you when he did

time?
Mason: Mr.. Neal was still waiting. 1
think Mr.. Andrews, Mr.. Craven, Mr.. Healy.
Will and myself.
Boucher: Who of the parties that were
in the store at the time was nearest to Mr..
which you have just testified to?
Register: Objected to.
StOyell: AS counsel for Mr.. Swenson,
one Of the defendants in the case, l OBJ
Ject to this unnecessary questioning that the
county may. not be- put to unnecessary ex-
pense.
Court: 1t seems to me a great deal of
this testimony is for outside parties; it Ger.
tainly has no effect on the court and here.
after l insist that you keep nearer the case.
Objection sustained.
Boucher: Were not some of the other
persons in the store at this time nearer to
MI. Healy than you were?
Register: Objected to.
Court: Objection sustained.
Boucher: What else was said after Mr..
Healy showed the IS to his son?
Mason: l think l have stated all that
was said previous to this.
Boucher: Did you 20 out of the store
right after that?
Mason: 1 went out in a short time after
that, l dldn'tg go directly out.
Boucher: There was no more talk before
you vent out?
Mason: They took my order for the
groceries.
said before you went out?
Mason: l think our conversation ended
as related to MI. Healy and myself. Mr..
Healy and Mr.. Neal went away while l
was still there.
Boucher: Have you now stated all that
you can recol!ect that took place while
you were there?
Mason. I don't ramemher of ANYTHING
that was said in relation to this, but some
thing in our conversation he had stated he
didn't wish me to do anything that would
iDjure myself or family, and come to think
Of it, l remember that it was not in Our
last conversation but pr a'yl tS to this: ,
in this last conversation that you recalled ?
Mason: There was not.
Boucher: Wasn't there some CONVERSE
ton about an order on John Davidson.
Mason: I had given him an order of
$3.50. There might lave been some con-
asked for the SIS that l had lust given him
an order of $3.50. He said that wasn't
money. l told it was just as good as the
cash, and l thought that would cover what
my bill would be. Iobjected to giving him
any more money.
Boucher: How much did you owe him at
that time?
Mason: l think Mr.. Healy said it was $15
ana some cents.
Boucher: How much money did you have
left after you paid Mr.. Healy that SIS.
Register: Objected to.
Court: Sustained.
Boucher: Did you not have money enough
left to pay this bill?
Register: OBJECTED to.
Court: Sustained:
Boucher: Did not MI. Healy, in this last
conversation with you, say to you that you
\ hadn't better have anything to do with MI.
SwensOn in this matter, or words to that
effect?
Register: Objected to.
Court: Let the witness answer.
Mason: l have answered that question
four or five times and | refuse to answer it
again. [ am not here to eXOnerate myself
or to criminate Mr.. Healy. l had told the
men as l AVE stated here that l would 20
away m will stand the consequences. l
would like to meet Mr.. Healy here. Judge
Winchester told me to tell the truth and
l have done so. l am sorry that l have dis
obeyed the law. If l had asked a man to
not appear. l would have got him out or got
out myself. l know and these two parties
know that | am telling the truth. don't
care whether a man is DEACON or a devil l
like to see them be square | think it would
be better for Mr.. Healy and all parties con-
cerned to be square and make aclear state
ment, l am not here to be scared and Mr..
Boucher is earning his money like Judge
FraLcis did in the l.. N. Griffin case.
Mr.. Mason made a very interesting
statement and his advice caused a
ent. p' y "' ''
Boucher insisted on an answer.
Court: [ take Mr.. MasOn's statement that
he is on the witness stand and knows no
friend or foe. Answer the question.
Mason: He didn't.
Ilo,ob,r, n;d,,4 h. olco IN wa, =,
that conversation that you had better see
Judge Gray about the matter, or words to
that effect?
Mason: Mr.. Healy asked me if l had seen
Judge Gray. l replied that l hadn't seen
him and didn't think it would be advisable.
That is in substance the conversation and
answer.
Boucher: Seen Mr.. Gray about what?
Mason: OF course it was in connection
with the matter that we have been work
ing at.
Boucher: Did you not to-day in the dis
trlct court make a statement about like
this, namely: II have often been in court
n noticed that witnesses failed to come
in and other cases were then taken up and
l thought that if 1 could get to my place
n bring in a load of corn n get back l
could be here to appear after Thanksgiv.
ing. That is about the only explanation
l can give"
ASCSloICAs OUJOCUCu ~
Court: Sustained.
Mason: l think | could make a state
ment that would exonerate me and make
a new case here to recover the money in
trust, placed by Mr.. Swenson, but that has
no bearing on this case.
Boucher: And did you not make such
statement in the district court for the pur-
pose Of showing what your intentions
Were?.
Register: Same objection.
Court: Same answer.
Boucher: After Wednesday night of
last week and before you were brought in
to the court room the first time, did you
have any conversations with any person
or persons relative to the matters that you
have testified to here in this cOur in which
you stated the fact or a part of the facts
as to such subject as you claim them to
be?
Register: Objected to.
Court: Sustained.
Boucher: l think that that is all.
REDIRECT EXAMINATION.
Register: MI. Mason, who caused you
not to appear as a witness in another &C
ton pending in the district court of this
county, in which Sven J. Swenson is de-