Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-13

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g. Was there any whiskey kept in any
Of these rcceptacleS at any time?
A.. Not while l was there.
Q.Now, do you want this EVIDENCE to
stand that you never saw any whiskey
ana phosphate mixed and drank by the
Chief there at that place?
a. | would not swear whether he
drank any there at any time.
q. viii you say that he did drink
whiskey and phosphate mixed there ut
the fountain? Did YOU or did you not
see him. so that you knew that it was
whiSkey and phosphate?
\. | saw him drink phosphate. Don't
know whether there was whiskey in 1t or
not.
Q. You say then that you do not know
the Chief ever drank any whiskey at the
fountain"
A.. | would not be positive.
q. Did you ever rinse any OF these
glasses that the Chief used?
\. | rinscd all the glasses used there.
That was my work.
g. Did you ever smell any whiskey In
any Of these glasses that the Chief drank
out Of"
glasses there. Did not notice IN partic-
ular which II the Chief drank out OF,
nor anybody else.
q. Wasn't it Il fact that often glasses
were rinsed Immediately when a person
came in and that his glass was taken
and rinsed?
A.. No glasses were rlnsed by the clerk
left for myself.
COMMISSIONER H~lNCKLEY:
@. WERE YOU ACQUAINTED WITH
ALL OF THE mixtures that were in this
fountain and which were scrved-syrups
ana p~hosphates"
A., Yes, ! mixed them myself.
d Was there ANYTHING IN that tOun-
tain, that you could draw through that
fountain. such AS ginger ale?
A.. I think there was.
g. How was it put in there"
\. | think there was some sort OF
fluid in the bottle there that I mixed with
the syrup.
q. You say you mixed this stuff and
put In there" Did YOU ever put any gin
ger ale in that fountain?
\. Yes sir.
9. What kind Of Il vessel was it in
when you put it into the fountain?
\. 1t came out Of Il small bottle. Mix
ed it with syrup.
9. Did you ever put any pure ginger
ale into that fountains?
\. No sir.
Q. And then YOU could not draw any
out Of it:
\. No sir. 40 pure ginger ale There
1t was diluted.
g. You diluted it after you drew it"
-. l guess that is what you mean.
MIR. FRED YOUNG. recalled as Il wit
ness for the complainant and testified as
follows:
COMMISSIONERS LUCAS:
9. In smelling of glasses did you
make it Il practice to smell all glasses
where the ingredients looked like liquor:
\. | just noticed the smell. Never
made a practice of smelling glasses.
q. You did not take them up to your
nose and smell them?
\. I did on one OCCASION.
9. You just picked those up that you
thought Mr.. Mcdonald had used"
A.. Yes sir.
9. Somebody else might have used the
same glass before?
A. / can remember one or two in
stances when | am sure it was the same
I" q. T Just wanted to know whether you
made ii Il; practice to smell glasses that
were standing there?
a. T had to bend over in order to
rinse them.
by MIR. HANL;Y:
q. Mr.. Young. how long have you
known Mr.. Watkins"
. a. Since august. | think 1t is.
@. Particularly friendly with him, are
you?
A. No sir.
c.. Ever had amy relations with him
connected with church work or anything
Of that kind?
! \. No sir.
@. What cllurcI, do you attend?
4. The Episcopal Church.
ny MIR. REGISTER: -.
Mr.. Watkins asked me to offer in evil
! dcnrc the affidavits of these two boys.
MIR. HANLEY: I understand that all
the affdavits are filed with the charge
with tho Auditor.
At this time the Commission adjourned
to meet at $3.50 a. M, January 31st. 1913.
' Ib,r,,,n,% <n nd ip,trp,,,,nn finn MIC
sion convened at $3.50 a. M, January 81,
1913. Present: All the members of the
Commission, G. NJ. Register. City Attor-
ncy. Mr.. II. l.. Watkins. complainant. Mr..
\ T.. Mcdonald. the defendant and his
attorneys Hanley & Sullivan.
ANNA MALONEY. a witness for tn.
complainant, was duly sworn and testified
as follows:
Direct EXAMINATION.
BY ME. REGISTER:
@. What is your name?
\. Anna MalOney.
9. Where do you reside?
\. Bismarck.
q. What is your occupation?
\. StenOgIapher.
@. Did you take the testimony in the
case of State of North Dakota against
George NJ. Tickerby?
Q. The testimony was taken in justice
court:
A.. Yes sir.
q. When was it?
A.. In the afternoon of the 2Gth Of De-
cembei.. 1912.
Q. AS one of the witnesses in that case
did tn" Chief, A.. +. Mcdonald testify?
A. Yes.
@. Did you take down the testimony
| given at that time in writing?
A.. 7 did. in shorthand.
/ @. ! will ask you to state whether or
not this question was asked \. F. Nc
Donald when he was testifying in the
case, Eve been a complaining witness
in connection with a matter of this kind
before?" To which he answered, mot
bookkeeping. hut ] have been a complain
ing Witness? Witness looks at orig
mol transcript Of notes taken in above
mentioned case)
\. Use sir, that question was asked
and that answer given.
! MR.. FANLEY: 7 will not take the time
Of the Commission to c~ross-eXamine now,
| hut we might want to recall Miss Malo-
new later.
MR.. REGISTER: This is a matter that
has been thought proper to produce, and
i that is about the only way We could show
the question n answer. That is the
! original transcript Of Miss Maloney's
notes.
EDGAR HOUSER. D witness in be-
! half Of the complainant was duly sworn,
| and testified as follows:
DIRECT EXAMINATION.
Bv Mr.. REGISTER:
Q. What is your name?
\. Edgar Houser. -.
n. How old are you?
\. Is years.
o. Where do you live?
|. \. Rtsmarck-Seventh street
q. How long have you lived here?
| a Ah011t q wear and three months.