The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-28

piled Senator Simpson politely, sbut
was going to advise him OF his
rights"
He might not want to take your
advice, senator Mr.. Hildreth put in
from the opposite side of the table.
Il didn't hear him ask you for YOURS"
the senator from Stark county
suavely. which remark provoked a
great deal Of laughter at the expense
Of the Fargo attorney, who had been
as counsel for Editor Pack
ard and not for the witness then on
the stand.
Kelly Denied Telling Reporter.
Mr.. Kelly was questioned in regard
to the testimony of Editor Bloom, who
swore that the story which appeared
about Senator Gibbons in The Devils
Lake Journal had emanated from the
It was denied on the stand by Mr..
Kelly that he told his nephew, Mat
thew Kelly. called Matte" Kelly, re-
porter on The Journal, that Senator
Gibbons said he was not going to re-
turn to Bismarck as it was no use ac-
cording to the lineup already framed
to acquit Judge Cowan, and that his
count for anything any
way.
Mr.. Kelly said he told his brother,
Joseph Kelly, in the presence of the
young reporter, OF a conversation he
had had on the train with J. J. Nc
Gamma, who had stated in substance
what had appeared in The Devils Lake
Journal He said he didn't know per-
sonally anything about the conditions
or the actual facts Of the matter, and
he had himself made no statement
about It, so that 1t could be so mis-
construed as having come from him.
Mr.. Kelly stated he would not be
willing to make a statement to the
effect that Senator Gibbons had ever
said he wanted to vote right but
It was no use, as there was no hope
Of conviction OF the accused jurist
now on trial. After making this de-
NAL he was excused from the stand
and there were no further inquiries
from any Of the members Of the SEN
ate.
Packard Wants Aid From State.
When Editor Packard of The Valley
the stand. he told Senator Simpson
he was not financially able to retain
counsel. and asked that the state defray
the expense for him.
There was quite a debate over this
with which the senate
found itself confronted. Senators
Martin and others took the
position that 1t was unnecessary for
the witness to even have counsel at
this time, as he was not on trial, nor
even brought under contempt proceed
ings, but merely to testify to determine
there were SUFFICIENT grounds
for such proceedings.
Senator Martin commended that the
witness should be accorded the privi-
lege OF answering all questions ex-
cept those which might incriminate
himself. Mr.. Packard said that not
being an attorney, he did not feel he
was in a position to know what would
and what would not incriminate him.
Steele Offers to Pay.
Senators diversion and WEIGH were
both of the opinion that the witness
was entitled to counsel from the state.
Senator Steele of Renville county felt
that 1t was absolutely essential that
Mr.. Packard should have an attorney,
as he was entitled to under the laws
of the state.
Senator Simpson said he wanted to
go on record in reply to such state
ment from the senator from Renville
county, that no such law existed in the
state of North Dakota.
Several motions were made on the
and lost, and Senator
Kennedy finally suggested, 20 relieve
the situation, that the chair appoint
two attorneys from the senatorial body
to act as counsel for the witness. to
eceive the same compensation as that
allowed the two attorneys for the
senate, Senators Simpson and Bes-
sessen. whose labors are a part of their
duties as members Of the impeachment
court.
At last Senator Steele of Renville
county moved the chair appoint proper
counsel for the witness and he would
himself defray the expense incurred
In the retaining OF such an attorney
This motion was carried. AS the
hour was growing late, recess was
o
v hen the hearing OF Editor Packard
continued.
Eessessen Resolution.
A resolution introduced by Senator
WEIGH Of Burleigh county was adopted
almost unanimously by the senate, re-
proving an editorial in The Golden
Valley Chronicle which appeared re-
Gently. The nature of the editorial
was said to be somewhat Of an at
tack on the personality of Senator
Bessessen.
There was some question as to
the resolution was properlv
framed in the correct language, Sem
Gtor Simpson, Martin, Trimble and
others taking the position it was too
severe and harsh. 1t was stated that
copies of the paper had been sent to
all members OF the senate, which SEN
ator Trimble contended was not true.
as he had not received such a paper.
Senators Martin and Talcott at
tested this, as they said no such
had reached them. At last.
however, the resolution was passed,
after being slightly changed and the
words "copies mailed to every member
of the senate" had been eliminated.
All voted for its adoption with the
exception of Senator Trimble, who did
not feel he could conscientiously do
SO owing to certain other parts OF the
1t contained.
Senator Duis made motion to bring
the editor of The Chronicle before the
bar OF the senate. but later withdrew
the motion.
Sipkler's Salary Raised.