Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-04-29
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his chair ana reiterated ulS SLdLe-
ment that he had come there to show
the board where to obtain evidence
of fraud in this land sale, and that
he had done that and did not pro-
pose to be prosecuted about finan-
cial transactions. Attorney McEnroe
objected to cross-examination cover
ing anything but the land frauds
that had been alleged. II have
shown you where to get the testimony
now you go and get it," shouted
Collins to the members of the board
collectively. II won't answer any
question of this kind unless I get
into court And the governor with
some warmth intimated that an OPP
portunity would be given Collins to
get into court when the proper time
came. Attorney Rex began motion
to the board based on Collins refus-
al to answer his questions on cross
examination, and just then the board
adjourned at the noon hour. Mr..
Rex's motion was subsequently with
drawn.
AFTERNOON SESSION..
The afternoon session started with
Attorney Rex asking Mr.. McEnroe if
his client was going to persist in
and was informed that such was the
case. Mr.. Rex then stated that he
would introduce affidavits to show
that the reason given by Mr.. Collins
for withdrawing his petition at the
former hearing-that pressure had
been brought to bear on his finan-
cial condition to which he was forced
to accede-was untrue and not the
real reason. Mr.. Rex then produced
papers showing that Mr.. Collins had
been the defendant in numerous law
suits and that in each instance judy
ment had been entered. This Mr..
Rex stated, was offered to show that
suits were being brought by other
parties than Lord, Thompson and
McCanna, who Mr.. Collins claimed
was endeavoring to use the fact that
he owed the former parties money
to pun him off with his petition for
a hearing regarding the sale of Sec
tion Is. Mr.. McEnroe asked If Rex
knew whether or not any of the men,
toned judgments had been paid, and
the reply was that he understood
that one in favor of Geo. Duis had
been forced to settlement, and as
to the others he had no information.
There was neither any evidence as
to the present condition Of Mr.. COL
lins' financial condition known to the
attorney. Here McEnroe and Rex
INDUCED in a verbal duel which was
interesting to the spectators, but of
NJ 1np % hn ~
vestigation under way was con-
cerned. Here Mr.. Rex introduced
about fifteen affidavits, which he
stated were introduced for the pur-
pose of showing that Mr.. Collins
reputation for veracity and truthful
ness was not of the best. When he
had introduced these papers, Mr..
McEnroe then asked if there would
he any papers shown to prove that
the affidavits as to the reliability of
the men who made the first ones Of
fered. Mr.. Rex replied to this ques-
ton with some heat, stating that he
had been practising law for some
time and it was the first time sug-
gestion of that kind had been made
to him.
David McCanna of Minneapolis.
but formerly resident of Cando and
Towner county, was then called and
sworn, and upon examination by Mr..
Rex stated the facts as to the sale
of the land in question. He stated
that there had not been at any time
any agreement between him and
Lord or Thompson, and that the sale
was conducted as any other land sale
of school lands which he had attend
ed, and he had been present at
good many of them. He'll, told in a
dramatic manner of the sudden
death of his friend Lempke at the
sale and of the events Immediately
following it An affidavit was Offer
ed from Senator Fountain l.. Thomp-
son, in which he stated t3at he did
not believe there was any fraud in
connection with the land and that
Collins in bringing up the case was
not actuated by desire to do any
good for the state or the school chill
dren, but with a desire to work out
personal spite which he held
against the parties who would be
most affected if there was a cancel
lation Of the sale. Mr.. Thompson is
at the present time in Texas, where
he was called on account of his fall
ing health. Another affidavit was
read from C. J. Lord, who at the
present time is travelling in Europe,
and it contained practically the same
matter as was read from Mr.. Thomp-
sons AFFIDAVIT.
The matter of what is known as
the "Harry Thompson quarter was
then brought up. The receipt for the
money was brought from the land
department and showed it was for
SO an acre and was made out on
Oct. 81 of the year of the sale, but
Collins claims the date had been al
tered from January /. Just what
end would be gained by changing the