Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-11
The Day in the Justice Court Con.
sumed with the Hearing of
Mason.
His Enthusiastically the Same
as His Statement to the
District Court,
Which is Also Printed Verbatim
as Taken by the Court
StenOgrapher.
Mason's Examination.
From Saturdays Daily.l

AAoA ~ q DalASsI
At 2 o'clock yesterday afternoon, the
preliminary examination of Anderson
Healy and S. J. Swenson was commenced
before Judge Chase. The little court
room was crowded before the hour for
the hearing had. arrived with citizens
anxious to know whether or not the par
ties charged were guilty. Messrs. Bou-
cher & Philbrick appeared for Mr.. Healy
and John A. Stoyell for Swenson. States
Attorney Register appeared for the state.
Before the trial began, Mr.. Skeels was
called in to take down the evidence in
long hand.
Register: Let it appear on the docket
that it is at the request of the defend
ants that the testimony is taken in writ
ing.
Boucher: Mr.. Register, I have an en-
gagement which takes me out of town
tomorrow, and I cannot postpone it,;
therefore I mention it before we begin.
Register: I do not want to be unrea-
sonable in this matter, but I desire to
at once, and I shall insis t that the
trial be not continued after it is begun.
Boucher: I just wished to call atten-
ton to how I am situated. I shall not
insist.
A. R. WAS SWORN.
He testified as follows: My name is
A. r. Avery and / am auditor of Bur-
leigh county: I have filled that position
about eighteen months; the county is di-
vided into three commissioner districts;
IN election was called on November 3,
1891, to elect a commissioner for the third
commissioner district, and he, as county
auditor, made the election call; Ander-
son Healy and VIM. S. Moorhouse each
filed certificates of nomination with me
thirty days plior to that election-Healy
as a candidate on the non-partisan ticket
and Moorhouse as candidate on the peo-
ple's ticket, and I caused to be published
in a newspaper in Burleigh county the
nominations at least ten days prior to
said election.
Register: Was the Anderson Healy
SC nominated the defendant in this &C.
ton?
Avery: Yes.
Register: You might state the paper
in which this notice was published.
Avery: Bismarck Daily and Weekly
TRIBUNE.
Register: Do you, as county auditor,
know that the said election took place
for the purpose named, at the time and
place. mentioned?
Avery: Yes, Sir, there was such an
election.
R NJ. MASON SWORN.
My name is Aaron M. Mason and I
reside in Bismarck. Have resided here
about ten years. I am acquainted with
Anderson Healy the defendant in this
action, also Sven J. Swenson, also a de-
PENDANT in this action. Have known Mr..
Swenson about seven years, Mr.. Healy
four or five years.
Register: Mr.. Mason were you sub
pened to appear at district court to be
heldin Burleigh county November Oath, at
10 o'clock a. m., as a witness in a case
wherein the defendant Sven j. Sweuson
was defendant and the state of North
Dakota, plaintiff, in which action a
PRELIMINARY hearing was had before this
court on August %, 1891.
Mason: Yes, sir.
Can you state when that subpoena
served and by whom?
Mason: Yes, sir, in this office
the hearing, by Sheriff Donnelly.
Register: Did you appear before said
court in accordance to that precept at
the time named?
Mason: I did not.
Register: Now Mr.. Mason state fully
the reasons why if any.
Mason: [ was requested not to do so,
by Anderson Healy.
Register: State when and under what
circumstances.
Mason: It was just prior the election
two or three days at Mr.. Healy's store
on Sixth street betwee Main and Broad
way in Bismarck, N. D.
Register: Now Nh. Mason state all
that passed between Mr.. Healy and you
at that time.
Mason: I called into his store to see
him on business. I called to get a little
money of him for %janitor work at the
Baptist church.
Register: [ will ask you now was Mr..
Healy treasurer of the Baptist church?
Mason: Mrs. Healy is treasurer of the
Baptist church.
Register: Did you get any none of
MIR. Healy at this time for your services
to the Baptist church?
Mason: Yes sir, I got some.
Register: State how much.
Mason: SIS.
Register: Now go on and state fully.
Mason: The SIS wasn't received until
some other matter was discussed.
Register: [ will ask you again, state
now fully all that occurred between Mr..
Healy and you at this time.
Mason: Mr.. Healy said he was run
ming for commissioner and would like to
have Swenson's vote and wantedl to
know if [ would do what I could for
him, or do what he wished me to, to Sc
cure it. I stated I was willing to do
anything that [ could to help him in any
way; of course in giving this evidence I
may not get every word just as it hap
pened.
The Court: Give as near as you can
what happened.
Register: By helping whom.
Mason: MI. Healy in his election.
Mason: He requested me to wait a
little while, Il won't be asked one thing.
I do not wish to eliminate anyone or
clear myself but give an honest state