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

''IlllS ln' tltltt ! was lL''If SllIllttl
Levy sold most of the Viii skey and Il
few times I saw J. %iireslo,t sell Whis-
key. was there usually in the day
time. saw Michael Levy mix whiskey
sons, saw soldiers come in frequently
and go back OF the preNcrlp ton case and
saw the chief of police Nc Donald drink
whiskey mixed with phosp hate on sew
eral OCCASIONS,
CSigned) Nonl Tharalson.
Subscribed and sworn to before me this
= DAY of August \. D. l''2; ,,;n.
Notary Public, Emlciglr .ounty y. H."
state of North Dakota:
County Of Burleigh:
James Il. .\llsbury, being first duly
sworn, says that he Is Il resident of lis
malck. and that about November, l9ll,
he had fixed UP Il barn t" use fer himself
and heard persons in it AFTER he had been
absent about a month and tina ln called
Chief of Police y. i. McDonuld who went
with him t" tn" barn and found a COW
and two barrels Of beer In the barn.
CHIEF Mcdonald and atliant met Charles
Namphcll shortly and he claimed the COW
ns his property and promised t" move
soldiers in Campbell'S place when W."
passed ii that night. They We're drink
ing ana carouSing ana asked n, +.
Mcdonald to arrest them all and h" would
the beer nov did hc go into the place
where the soldiers were ~rarouSinE AZ
that time.
GSiGnrdl James i. All$bury,
Subscribed ANA sworn to before me this
~ day Of December. lHI2.
Notary Public. Eurlcigh County,, y. y.
MY commission expires Sept, %. l'l1.'
tScal
State Of North Dakota:
IS
County of liurlriEh;
lanes !" linsiad' being 'Ir$t duly
sworn, SAYS that h" is Il resident of the
Of l"il, / believe about tn" LIST to the
10Th of November, 1911. | saw y. +. Me
''rlEliu. ttl"i OF fu!irr. IN Il barn ON
barrels Of beer. lie was accompanied
and Henry Stovcr old me that \, T.,
MrI'"nalI told them to 20 TO this barn
and get the beer. saw Fred l'res1. Hen
FN Sl"'"r ana a man named Gamble
come and get part OF the beer. probably
% or 30 bottles of beer ,.,
. day of rrrrmher, 1912.
ISiEnrd, T, l.. WATKINS.
\n'arN l'ublir, furjriGi County. y. ~
'SE\l'
-
81. i|"nrE j.. Slovrr, of lawful age, be.
ilG inst duly sworn, say that ON on
NNUi me illSl hl .\oNtillbtl. lHll, | WAS
at tn" ~,N"ntcm Barn in bismarck and
heard 'hirf Of Polio" + r.. Mel "nald
tell several men Whrr" they could get
iva" ,'rrri OF beer ma'n'lN ut a barn
near IN" ban park. Those present being
rl"","n,, Lack 'hriSt"nhcr; Fred Reeves,
Joe Na!d ANA Camille AMI myself.
TlEl !, Henry T. S,"vrr. trcd Reeves;
and Mr.. Gamble went t" said barn and
I ,"'lNd sad liquor ana took one barrel
peer ana some NlllSEtN N me nay lolt
of the 'lo"t"n barn. where the alloy"
n;tin"d parties ana 'nlnl OF Ponce Nc
Donald drank Tia" said ilfalor: Said Me
Donald said t" Tho" above that he had
! iulnN two barrel "l beer ;L'h You fellows
can 60 and get it, and lots helped t"
"rIhh l"r same.
Sulsrrinrd ANA sworn t" hri"r" M" this
anih day "l l)crelh'rr' l?l-.
'N'GhcI, r. l.. Wa'kl1'S,,
.\nlaiN luhllr. furlclGh county,, NORTH
l'ak"la. MY COMMISSION Expires
SEPT 49, III"
'Sthl)
NIX. j., l." NNIN'NS' 4 witness Tor
We r"l1l';!inaht. was rcta'lr"' AN" teS-
lil''l as IolioNS.
DIRECT EXAMINATION
E( Mlt. lNENlSIrIt
~. Mr. Nh'N1hS' one o. li,eS, al'luaF-
us IS made ny Il man NAMED rinslild:
y. Yes, Slf.
q, HaVe YOU Irlen t" secure ms at
l"ndanc" here 10y SuhporiEl:
y. have.
9. u" You KNOW where ne IS
~ 90 not. MINK ne IS down III
AI"rl"n county S"IiieWhcrt%. ,
g., .'nI your S'l't'""'lt Is ais" ISSUED
FOR bringing St"Vrr here:
y. IS, SIl.
Z, ,NNd he has not been lludur"d''
y. ~" mas not.
q lie is in Jail"
y WiS tod 'ial II" is IN lali under
il frtcfill charge ana cllHI"l u" produced
WITHOUT a r",L! ord",.,
AK. IitAilS iElt: Now 'h' prosecution
WI ui!rr thrS" aiiIdlVitS IN evidence IN
i'Ihltl"n /" i1rnr being, MED. t" u" given
such effect as III" commission deems
t'"il entitled TO
MIR. l1ANIL;Y: realize that the
commission may take ANA all t"St1-
ln"ny that they desire. ana any and al!
NlnhS nl ~ulr'dlnES ana aiilhnVilS, ana
wa probably 90 1t IN TINS way IN IN" m
t"r"St Of trying t" get some testimony
here, but Just want t" call your att"n
ton +" this fact; that lir ordinary court
proceedings aiiIdaVltS ar" not proper "V-
ld"nr" for the reason that when Il man
is charged with violating the law and
having committed Il crime. under tn"
provision uf o'ir constitution. he IS en-
IS. and has a righ' I" rross-exaninr
them as to- their interest and bias, and
if thcS" nftidHvitS ar" taken and received
hy this commission and the facts in
these lfiidavitS considered OF any weight,
II would h" something that would be
nrrjulicial t" the Defendant simriy, for
the reason that the parties arc not her"
and he has not an opportunity t" cX-
anime them himself. The TACT that these
h!Hnlablc to this dcIrndailt. TIIcS" afii-
IA Wits were taken months ago. and prob