Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-03-09
BISMARCK WEEKLY TRIBUNE: FRIDAY, MARCH g 1894

been inserted where the original one
had been taken out. Allen would no
agree to give up the book, unless tn,
whole matter should be written there il
his presence. Accordingly, no agree
ment was reached.
Falconer also testified to numerou.
other conferences, with Allen and also
with Hughes. That the latter ~counselec
HIM to get the matter fixed up in some
way. That On Tuesday morning he
saw Allen for the last time and asked
for the book. He was refused, and upor
threatening legal proceedings was told
to 20 ahead.
On cross examination, admitted that
he had talked with Mr.. I. P. Baker, Mr.
j. r. Gage and E. S. Neal about the
suit. Had talked with them singularly
and in concert. Had talked with them
together yesterday, before the warrant
was sworn out, and they had advised
him to proceed against Allen.
Mr.. Falconer further admitted that
he had no knowledge whatever of the
book, except as to what he had testified
the defendant had told him. Further,
he did not think that Allen had taken
the book directly, but thought that Fort
had taken it out of his (Falconer's)ofice
into his own, and afterward down to the
defendant.
E. H. Bly,, was the placed upon the
stand, to testify as to what he knew re-
garding the statement that his lease had
been taken. Said he had received a hint
from some n person that he had better
look for his lease. Prior to this time,
thought he had placed it in a book.
Looked and was unable to find it.
Wednesday morning, at request of Mr..
Allen, who had heard of it's loss and
that he was suspected of having taken
it, made a search of his room for it, with
two disinterested witnesses, Mr.. G. B.
Little and P. G. Remington. Found the
lease in a draw er, where he kept photo
graphs and ONE other papers. Admitted
on cross examination, that he
had lost his lease with Mr.. kim
last year, or Thought he had, and
found he had mislaid it. Questioned as to
the amount of rebate on frieghts, said
that some years it ran up on supplies to
$1,000, and might run higher. Admitted
he represented to Allen and Patterson
that it would almost equal the amount
of the rent.
Sheriff Donnelly testified as to CONVEX
Stations with Falconer regarding the loss
of the book.
The state closed the case its case, and
the defense put E. G.. Patterson on the
stand. Mr.. Patterson testified that on
the afternoon Of February 21st, Falconer
had come to him and Allen at the Sheri-
dan and asked to see them alone. They
had gone into a little side room, and
Falconer had said :'you boys have my
book. [ have been looking over the
index, and that lease from Bly, is in there,
and you must have It," They had
laughed at the statement, and after some
further conversation the matter was
dropped. Saw Falconer again at
the head of the stairs in the Sheridan
house Wednesday morning. Heard
him ask Allen if he intended to give
him the book, and Allen had told him
he had no book belonging to 'Falconer,
and knew nothing about it. AS to re-
bate, said it had always been, and was
still his opinion that the rebate on
freight would amount to as much, if not
more, than the rent. It had been so
represented by BLY,. Said he had never
seen the book in question, except as he
might have seen it in Falconer's office.
Said that he had never taken any book,
such as described, east with him to
have fixed up. Had gone east because
of the illness of his father, and for no
other reason. Nothing new was brought
out by CROSS examination.
MIR. Fort was put upon the stand and
testified. Had never taken any such
book as described by Falconer from his
office, and knew nothing of it. Said
Allen had been up to the court house
twice the past month, both times to con-
suit him about business matters. Both
times he had been with Allen the greater
part of his stay. Upon the time testi.
fed by Falconer as when Allen had
made the admission of having the, book
he, Fort), was in Falconer's office with
Allen the greater part of the time he
(Allen) was there. Heard no such con-
versatiop. Allen had remained there
only about twenty minutes.
Col. G. B. Little was put upon the
stand in the rebate matter. Said Allen
had gwen him a list of rebate due, about
two weeks ago, to give to officials in st.
Paul, and have allowed at once. The
amount due from freights alone was
between $500 and $500 for the previous
five months. That the department had
acknowledged that it was approximately
correct, and said that would soon send