Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-02-11

captain Armstrong WnODo CTOSS-e1am'
nation was continued from the day
before. He was followed by Adjutant
General Peake, who testified to de-
manding the books and papers Of the
adjutant generals ONCE from Poole
and the refusal to turn them over by
Poole. who alleged that the! law upon
which his removal and retirement
was based was nconstitutional. He
also testified regarding the documents
he found II the ONCE: when he took
II and Sin the safe when that. was f.
.nally opened. @s ., S.
Mater Frame was the next witness
and testified as to being present when
the demand for the office was made
by Gen. Peake, and to the inventory
made of books found there. \ \
At the Hotel de Capitol.
.R y Waid. night Waterman at the
capitol. was called and testified to
the; coming ofi Gen. Poole in fulI uni.
form Ia the capitol between 1 and
i: jim. 70, and taking possession
sof'' the adJntant generals once and
how he. Poole, was very emphatic in
Ills tatements about holding the fort,
etc and his. fnal retirement: to sleep
son the hard maple hoor,t where he
found him III the morning. &
GOV. Burke on the stand.
Gov. Burke was recalled and Siden-
titled g. copy II the retirement order
as the one which Capt. Armstrong
had brought him and on the bottom of
which was the now famous "adden-
da" or postscript" which he said was
signed by T. H: Poole. He had told
Captain Armstrong that no such order
must be sent out from the adjutant
generals office; that he no longer
recognized Poole as adjutant general,
he having been removed and retired
and that all orders emenating from
the adjutant generals Office must in
the future be signed and published by
Gen. Peake, whereupon Captain Arm
strong tore of the addenda, as could
be seen by the paper in evidence. A
few days later, said the governor, he
received copy Of the order with the
Objectionable addenda attached and
purporting to be signed and published
by r. H. Poole. Capt. Armstrong had
told him at that time that Poole had
signed the original addenda, but that
he did not know just who had sent out
the forbidden order. 4, - ~ ~.
sEs,s Strong Evlds Against Poeis. sssE Oh
Captain Armstrong was recalled and
stated in substance that at the COVER.
nor's request he had drawn the orig
,inal order for the retirement Of Gen.
Poole from active service and the gov:
sernor had signed zit.@ He then. served
that order upon Gen. Poole, bnt: that
the latter had refused to accept, its
validity Later Gen. Poole copied the
order and added the noted addenda,
which, he then signed. z. This the cap
tain took % the governor, who for
babe fts publication to the guard with
the said addenda. and ordered Arm.
strong. to publish the Original order.
Armstrong then went to the -adjutant
generals once to- make the required
number sof copies on the Monograph,
but Poole refused to allow the use, Of
that machine unless the addenda was
attached to the order, SO the orders
were iinally struck of by the COVER.
nor's' stsnographer. He did not know
how OF BY whose order the postscript
ed order was sent out. -: 80:
r. The cross-examination was conduct.
ed by Gen. Poole, who sought again
to bring out that many orders had
been published without the knowl.
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