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

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prisoner the officer would not be allowed
to serve a subpoena upon him?
A.. Yes, | was.
=. lie was one of the witnesses that
YOU gave to the officer to be subpoenued?
A.. Yes sir.
e. Did YOU ever hear him testify In
any casc-any matter pending in court
wherein the prohibition law was violat-
ed?
\. No sir.
9. Have YOU got his affidavit there?
A.. 1t is there.
MIR. REGISTER: | will say tina on ac-
count OF the peculiar circumstances OF
Slower we are unable to get him. The
President, being Il lawyer. can appreci-
ate the fact hat we cannot serve sub
poenaes upon men in Jail on Il Federal
charge and bring them over here unless
we get an order, and | think we will ex-
anime Mr.. Watkins upon this affidavit.
MIR. HANLEI: object. The general
reason why aftidavitS and hcarSay testi-
mony is not allowed stllat the witness
who makes the alleged statement is not
present in court 50 that he can be cross
examined as to his knowledge, and bias
and interest in the case. and the Com
mission can readily realize if Mr.. Wat
kins attempts. to tell the Commission
what he would testify to or what Staver
ha" said here, defendant has no oppOr-
tunitE to crosS-eXamine Slower, and pueS-
ton whether he styling or not,
MIR. REGISTER: Perhaps the aftida
Wit Of Mr.. Slower will have the same cf
feet. am not here to offer any incom-
petent testimony. Am simply appearing
here for Mr.. Watkins, and Mir. Slower is
one Of the witnesses and we have been
unable to procure him.
q. Now Mr.. Watkins. 90 OF and state
anything further that YOU desire to in
connection with this matter. have not
very clearly in mind what YOU would like
to say in connection with it.
a.. Well. as to the conditions that pre-
vailed during the period from Aprir LIST
to some time in July when the raid was
made-these places that | referred to were
running very open. SO much so that
strager could readily 90 in to the places.
] as Il stranger went III and bought liquor.
Drunken men came away from the places,
and there W. SmOre or less carouSing,
fuSSing. sometimes in groups of half Il
dozen: soldiers around the places. and it
was all over town, especially the south
part, from the Peter Cox place out to
18th street, especially 50 on the south
side. Citizens complained to me in pass
ing by a certain place on the north sue
that it Smclled like Il saloon. | have seen
MI. Mcdonald in there when Il man was
so drunk that the bartender quoted him
while Mr.. Mcdonald was there drinking
something at the bar. 1t would seem to
me that Il competent official would GER
tainIy have had knowledge. can't
swear that Mr.. Mcdonald had any knowl-
edge. That must be left to the Commits
sion to decide whether these conditions
could have existed without him having
knowledge Of ii.
COMMISSIONER LUCAS:
9. This testimony is what MIR. Slower
said to YOU -
A.. 40 this is my own personal knowI-
edge. Has nothing to do with Mr.. Sto-
yer. am swearing personally that these
places existed. Many of them have been
closed up since that time. | have the cvI-
dencp. And action has been taken in the
cases, from 4 case to Il dray load. dur
ing the day and in the night time. into
these places. 1t is a question to say the
least whether Il competent official could
have been on duty as Chief of Police and
not have had knowledge of these places.
If he had knowledge he WAS under obIiga-
ton under the statute to take action upon
them.
@. Was the Breslow place one of the
places closed?
\. Breslow's place was closed.
G. After the time these three boys
there
A. Yes sir. ] might say in further
connection with the Breslow case. | dis
covered that myself by standing outside,
| saw a man come away and bring out Il
certain kind Of Il package. saw two
Joys in their teens bring out liquor OF
what had the appearance OF Whlskey DOT
Ties. They tore it open and each took q
bottle. | saw numerous hack men carry
out a bottle in a package similar to that
which | sent men in to get and bring out
And the police stood around in front OF
that door and could not have missed see
ing the same things that ] asw. There
is no question about it: the conditions
were extremely bad. Complaints came
from all over the city to us about bawdN
I,,,cn. md hind nips and gambling
joints.
@. Were you down to any bawdy
house"
\. / took Il party of five of us and
went through these houses.
@. Did YOU see Mr.. Mcdonald there.
\. did not at that time.
@. Did you eve see him there except
in connection with the raid or not?
\. do not know whether he was
down with the raid or not. ] have seen
Mr.. M~cDonald's horse there and seen Mr..
Mcdonald dow in The district-thc horse
tied there.
@. Is there anything further Mr.. Wat
kins?
\. think not. perhaps.
COMMISSIONER HlNCKLTIY:
Q. What are the duties of the Chief
of Police strictly according to law?
MIR. HANLEY: think that PERHAPS
will come in the arguments. We are pre-
pared to show that.
COMMISSIONER JACKSON: Possibly
may be able to give you Il little light.
The police force of this city, when Mr..
Marquette was Police Commissioner were
called before the Commission and they
were told what they We're supposed to
do. Mr.. Marquette as police commission
er will tell you what they were ordered
to do, and what he ordered them to do.
COMMISSIONER PATTERSON:
thought this referred to the present term
COMMISSIONER JACKSON: | under
stood the City Attorney held that all of
these officers held over until they were
removed. and that there has never been
more than one appointment.
MIR. REGISTER: These charges seem
to be confined to the time since May,
1911. and it would seem to me that the
inquiry is confined to that period.
COM MISSIONER HINCKLEY:
@. | would like to ask Mr.. Watkins
how the conditions are today compared
with what they were at the, time he
made the raid.
4. So far as my own knowledge goes
there are some, but the conditions arc
better. But according to my best infor-
nation that are a lot of illegal places
and gambling joints that nave been run
ming.
COMMISSIONER PATTERSON:
@. Maybe | misunderstood you, but |
understood you to say that you had never
seen Chief of Police Mcdonald in any
of these places excepting making a raid
or serving papers. Then [ understood
you to say that you had seen him places
where persons We're drunk?
A.. | never saw the Chief Of Police in
any Of these places unless it was in the
services of papers or raid.
@. Then | understood you to say that
you had seen the Chief in Il place where
persons were drunk and were being quiet
ed by the bartender?
\. That is true. That was in the
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