Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-08-15
KORN SAYS PATTERSON
DID NOT GRAFT COUNTY
Defense 10 Libel Case Has
Rested and Sta,e Is Now
Offering Testimony
Mc6iuls Was Not Put On
Stand 10 Defend Packard
and Opdyke

The case of the State We. l.. H..
Opdyke for criminal libel which
has been on trial before Judge Olson
since Monday afternoon Is fast COM
ing to a close and may be submitted
to the court late tais afternoon.
The defense rested this morning
ID. j. Mcuillis, ex-sheriff of Burleigh
county, who was said to have been
one of the star witnesses for the de-
fence was not put on the stand.
County Treasurer Kositzky was on
the stand most OF the afternoon Wed
nesday and he seemed to prove as
valuable a witness for the state as he
did for the defense. As usual the de-
fense introduced some more amusing
evidence yesterday afternoon when
they put juror on the stand VINO
was serving on the jury during the
March term of court, in endeavoring
to convince the court that the meals
that were served from the Mckenzie
hotel to the jurors were not UP to the
standard and were not worth the
price charged for them. Seventy-five
cents was charged for each meal TAX
en- to the purors at the court house
and the defense endeavored to con-
vince the court that this was an ex-
cesslve charge. The witness stated
that he had tasted better meals for
less money. That piece of evidence
was SO ridiculous and laughable that
ever the defense apparently regretted
introducing it.
S. s. Clifford, another witness for
the defense, proved very valuable for
the state. His testimony was intro
duced for the purpose Of convincing
the court that the charge for the
meals was excessive and qwas not
practicable In his testimony he
stated that it was the usual custom
for the hotels to make an extra
charge for delivering meals.
County Auditor Flaherty wa srecall-
ed to the stand this morning for re-
cross examination. Attorney Bangs
for the sta, took up several minutes
in endeavoring to convince the court
that it was legal for commissioners
to charge mileage each way. On re-
examination Flaherty was asked by
the court If it was a practice for the
Jurors and witnesses to receive mile.
age each way and he answered In the
negative. Although the defense
claimed this answer point for them
the answer cannot form a base upon
which decision could be rendered,
on account OF the fact that they might
not have received mileage for each
way, but they were in question en-
titled to II.
F. w. Korn, county commissioner,
was the first witness to be introduced
for the state. He was put on the
stand at 10 o'clock this morning. In
his testimony he stated that the COM
missioners on numerous occasions
had attended to official business and
never entered no bill against the
county for their time. Mr. KOrn also
denied a statement which was made
by County Treasurer Kositzky in his
testimony yesterday. Kositzky state
ed on the stand that he was told that
just before he primaries the county
commissioners made trip through
the northern part Of the county with
the intentions of attending to official
business but that they were campaign
ing Mr.. Korn positively denied this
. statement, saying that they did at
tend to their official duties and that
not one commissioner was campaign
Ing He ALSO stated that on some
occasions when the commission had
to make trip in the country that
they used vehicles OF their friends
and no charge was entered against
the county. Mr.. Korn has been on
the commission for the past year and
a half anu he stated at no time did
he think or have any idea that Pat
terson was grating the county.
C. w. Henslsr, owner Of the Hens
Ter auto livery, was put 9. the stand
by the state this morning and in his
testimony he positively denied that
he told County Treasurer Kositzky,
that the commissioners when on
tour OF inspection before the pri.
maries, we're campaigning. 1t will be
remembered that hositzky testified
tnat Hensler told him that the com.
missioners were campaigning when
Ou Iuo luopCNIAOu llAP. 1AAs AAOAOAOS
did state that two days before the
primaries he took Mr.. Patterson and
others out on a campaign tour but
that the expense Of the tour was paio
for by Mr.. Patterson with his own
personal check.
III. P. Knappen, who was formerly
editor Of the Palladium at which time
1t was the official paper Of Burleigh
county, was put on the stand to tes-
tify for the state concerning some tax
matters. Charles Grifee, who is In the
employ Of e. G. Patterson, was also
put on the stand to testify about that
delayed auto license. Auditor Flah-
erty was recalled 70 the stand on the
same subject.