Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-03-09
ALLEN BOUND OVER.
The Hearing In the Case Against
Mayor Allen Concluded In
Justice Court.
General Hughes Testimony Is Given
And Messrs. Falconer and Don
nelly Also Testify.

nelly Also Testify.
At Conclusion, Mayor Allen Is Boun,
Over To the Action of District
Court.
From Mondays Daily
The Allen Case.
The hearing in the case against Mayo
Allen was continued this afternoon
General Hughes wa present and re
quested to be sworn as a witness. Be
fore he began his testimoney, he
referred to the statements made in g
certain paper in the city that he ha6
g kedaddled" or skipped, and denounced
them, stating that his. departure was
under advice of DR.. Smyth, and that he
had no idea he would be wanted
as a witness. After some further
references to illusions to himself
in the same paper, which he
characterized as SANDER and viii.
fcation, General Hughes proceeded
with his testimony.
He stated that about a month ago
Falconer came to HIM and told him the
book was gone. Asked whether he knew
where it had gone, Falconer said he sus.
pected Fort had taken it, because he
alone had access to the office when Fal-
coner WAS not there. Asked
whom he had notified, Falconer
said he had told Register, Donnelly and
DR.. Bentley. Asked whether he had
notified the county commissioners
Falconer said he had not. Advised him
to do so, Falconer did not favor idea,
and SAID he did not want the fact of the
loss to become public as he thought if it
was kept quiet there would be a better
chance that the book would be brought
back. Hughes advised him to notify
county commissioners telling him that if
he did not, and then failed to recover the
book, he would be subject to criticism.
Falconer said he had been advised not
to pursue this course, and did not seem
to favor it. y
MI. Hughes further testified that Fal-
coner stated to him that he had had the
book up in the court room some time
previous to his discovery of its loss. Was
not absolutely certain he had brought it
back, but would make a thorough search
of the court room for it.
Had had other conversations with Fal-
coner, and advised him to consult the
commissioners and offer a small reward
for it. Falconer had been advised diff
~ferently by other parties, and did not
favor the plan. Falconer told him he
had another plan. Said he had another
book in the Office about like the missing
one. Some of the records in the missing
book we're still in the Office, and some
were held in the county. He (Falconer)
could get them, saying he wished to
compare them with the record, and make
a new book. Hughes advised him not to
do it, as being not advisable or feasible.
Falconer told him, in a su subsequent
conversation, that he had been looking
over the index, and saw that the Bly,
ease was in the book. Also, Falconel
said he had a bunch that Allen & Patter.
SOL we're not friendly to him, and might
have gotten the book to "do him poll
tically or otherwise" He (Falconer) had
a notion to have them all-Fort, Aller
and Patterson-arrested.
MI. Hughes contradicted the statement
that he had ever had any conversation
with Falconer, in which it was stated
by Hughes that he had an inkling of
where the book was, that it be could re.
turner on certain conditions, that leaves
had been torn out, ETC., as testified tc
by Falconer. Had had no such convers'
alton. Had never mentioned the mat
ter of the loss OF the book to anyone ex-
cept Falconer, and once, incidentally, tc
Donnelly, when asked abut something
pertaining to it:
The matters testified to by Mr.. Hughes
had occurred in several conversations
about the matter. Cross examination
brought out nothing new.
Mr.. Donnelly was sworn as to a con
versation had between himself anc
Falconer, and himself and Hughes
Falconer asked Donnelly to see Hughes
and find out if he would see "the parties
about the book. Saw Hughes, who sale
he would, but who afterwards told hin
that he had not seen then.
Mr.. Falconer took the stand again
and testified, his testimony being about
as given originally. Had 9 Hughes
first on Dec. 81, and again Feb. 10 ant
on other dates.
About $3.50 the arguments were com
menced, and were brief. At their con
c%lusion, Judge Chase bound the defend
ant over to await the action Of the dis