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

\. Right level.
q. You would have to take Il glass
down to FIR 1t?
a. Yes sir.
g. SO that as to all Of the drinks serv-
cd, the glasses were filed by taking the
glass below the top Of the fountain"
a. Yes sir.
q. Now, do you mean to testify that
when any drinks were served to Mr.. Nc
| Donald or anybody else that you got
around and locke to see what was done?
A. Did not have to get around. Could
lust stand there and see it.
q. Were you standing at the window?
q. And could look down there from
the window?
\. Yes sir.
g. How far from Mr.. BreslUw?
\. About Is or 20 feet.
q. And the glass was taken down be-
low under the counter?
! \. Yes sir.
9. And you were not closer than iif-
teen feet?
G. Anything said about whiskcy?
@. No all on the part of the Chief
for whiskcy?
a. no sir.
@. No statements of any kind will, ref
crcncc to 1t being whiskcy?
a. No sir.
COMMISSIONER UiNCKLl;Y:
Q. How did you first get your employ
mrnt with Mr.. Brcslow?
a. ! applied for the position.
g. Were you sent there by anybody to
apply?
4. Nc sir.
@. Were you there under instructions
from anybody to find out If there was
liquor sold there?
\. Ma sir I did not know it was sold
there until after l started to work. That
is why ! quit.
@. AS quick as you found out you
quit?
a. About q week afterwards.
REDIRECT EXAMINATION.
BY MIR REGISTER
9 Did Mr.. Watkins last night, when
Inc came to your house, give any reason
for coming up there?
, \. Yes sir.
q. Were you sick yesterday?
\. No sir.
. Were you served with Il subpoena
Yesterday morning?
a. No sir.
q. Were you served at all?
a. Last night.
q. Did Mr.. Watkins say he was in
formed you were sick and come up to
see you?
A.. No sir.
@. Did Mr. Watkins say that all he
wanted you to say was to tell the truth?
, \. Yes sir.
q. And did he give you an affidavit
which you signed in the Breslow case to
read?
\. Yes sir.
q. And you read 1t?
\. Yes sir.
.. Did Mr.. Watkins try to influence
you into saying anything that was un-
true?
a. No sir.
Q. And he simply told you to state the
truth?
4 you cir
RE.cRoss EXAMINATION.
by MIR. HANLEY:
@ When Mr.. Watkins gave you that
affidavit and you read it did he tell you
you would have to swear to what was
in it?
\. He said ! sworc to it once.
g. And you would have to swear to 1t
again?
\. Yes sir.
by Mir. REGisTER:
q. Are you sure he put it to you in
that way. that you would have to swear
to it again?
4. lie said 1t would be perjury in
court If I didn't.
q. When you made this affidavit be-
foro did you read 1t over?
A.. Yes sir.
9. Did you make it voluntarily?
q. Did you state anything that was
not true in 1t?
A.. No sir.
q. Have you stated ANYTHING here this
morning that is not true?
@. Has Mir. Watkins at any time tried
TO coercc you into telling an untruth in
the case?
A.. No sir.
COMMISSIONER HINCKLIIi:
g. Where was the affidavit taken"
a.. At Mr.. Watkins house.
q. When?
\. Last summer.
Q. What month?
\, ! don't know what month.
q. About when"
l.. About in the middle of the Sum
@. What were tho circumstances I'M
der which 1t was taken. Just state how
it happened.
A.. He asked me questions and | an
swcred them.
@. Had you any talk with him before
he came to the house to take the aff-
davit?
\. No sir. ,
9. How did he know that you could
make an affidavit in the matter?
\. He knew 7 worked there.
y. What. If anything. was said as TO
what tho purpose Of that affidavit was at
the time 1t was taken?
\. Nothing was said. He Just said
that Joe Breslow and Michael Levy had
sold liquor.
@. lie said that to you?
\. Yes sir.
G. What next"
\. AM he asked me who drank in
there, and | told him.
Q. Did you tell him that they had sold
liquor?
\. | told him that.
@. | understood our statement a min
ute ago was that he told you that?
RE.cRoss EXAMINATION.
by MIR. HANLEY:
g. What was first said about this afli-
davit, Houser?
\. He told me to come down to his
house. and I did not know what he want
cd, and when I came down there he asked
mo questions and I answered him.
q. What questions did he ask YOU?
a. Questions in the aftidavit.
g. Now. to get back to the original
proposition, for what purpose was the az
tldavit given? What was the reason for
it?
A.. | think it was to accuse Michael
Levy and Joe Brcslow of selling liquor.
9. Did you understand 1t wa sgoing to
be used in any case at all
A.. Yes sir.
@. And in a case against Mr.. Breslow
and Mr.. Levy?
\. Yes sir.
9. At the time you talked with Wat
kins last night did you remember all
these particulars or were some Of these
things called to YOU attention by the af-
fidavit?
A.. I remember most Of them.
9. Did anybody else talk with you be-
the affidavit?
M sir