Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-05-24

ellis room at the Grand Pacific that
same evening where the. talked the
matter owe with Dewitt present. Ness
was at that time int odu led to Dewitt,
but said he had met Devit at the time
Of the Cowan trial. On the stanu
Twichell said that the report Of two
years ago OF the fate Of snuff bill had
been mentioned and 1t vas remarked
that $4,000 had been used to defeat
the bill at that time. 1t was also men.
toned that the tobacco company was
willing to spend rot to exceed $4,000
at the last session to defeat the bill,
and it was suggested that Twichell
and Dewitt cou;H nave at least $4,000
for their services. Ness had said that
he did not have the money but that
Mr.. Rice would be consulted, and Mr.,
Twichell says he told Ness that he
(Twichell) and Dewitt would be Wiling
to see Mr.. Rice any time tina. night.
Twichall says he did not see Ness
again till the next day, Sunday, ut
noon, when Ness came to the Grand
PacIllc hotel when he told Twichell
that lace had been unable to call on
hun and Dewitt at the Grand Pacific
the night before from the fact that
his train had been late. Twichell stat.
ed that Ness informed him that Rice
had told him that Mr.. Pettibone had
the money and that he and Dewitt
would be sure of their money if they
would take up the matter and work
towards killing the snuff bill. Twichcll
said that he and Dewitt wanted to he
sure Of getting their money. anu tod
Ness that they really ought to have
it in advance. Twichell says he was
in the bath oOm when Ness was talk.
ing to Dewitt and that he let Dewitt do
the talking with Ness who assured
both Dewitt and Twichell that they
would be sure Of their money if they
succeeded in killing the bill, and a
stakeholder, il necessary. Jim Shea
was suggested as the stakeholder but
Twiclleii objected to Shea.
Twichell and Dewitt contended that
$1,000 was not enough money, in view
of the fact that the company had $1O,-
OoO to spend, and that they should
have at least $500 for it appeared
that it would depend upon them to do
the largest portion OF the work, but
Ness told them there weer other
members who would have to be taken
care Of. $500 as practically suggest
ed as a compromise. but Twichell said
that Ness told him they would have
to wait till Monday to get enough to
make up the $3,5VU.
When Attorney Sinkler started to
cross examine the witness Twlchell
he appealed to the court several times
in his ecort to get Twichell to make
direct answers 10 his questions, and
Twichell stated that he thought that
DIR. Eartley, who was chairman Of the
public health committee in the house
should be in on the deal, and that he
should be taken care of, whereupon
TWichell said that Ness told him DR..
BARLEY was to have $1,000. He told
Sinkler that he had been a Fargo
lawyer for Is years and that he knew
Emma Mckensey as a stenographer
for the state fair at Fargo, and at the
request Of a committee from the third
judicial district he had presented her
name to the house committee on EN-.
ployment for a position during the
legislature. He denied that the Nc
kensey woman had been his personal
stenographer during the legislature
and when Sinkler asked the question
as to whether or not she had been his
stenOgrapher so much that a legisla'
tive committee Of four had caus.
ed her to be removed from the Hotel
Mckenzie to the house chamber the
state by Assistant Attorney Zuger in
terposed an objection.
Sinkler then referred to Twichells
visit to o 400 at the Mckenzie
hotel, and asked Twichell if while he
was in that room he had made a
search of the dresser drawers for a
bottle OF booze, which Twichell denied
and said he had only drank two glass.
cs of beer.
About this time the court admonish.
ed Mr.. Sinkler that if he would con.
fine himself to the case at issue faster
progress would be made. Sinkler
bret out the remarks that Twichell
had told Ness that Dewitt had neglect
ed his personal law practice to come
to Bismarck at Il salary of $500 a
day, that he had G3 law cases put over
the term, and that he thought he
ought to have at least $4,000 for his
service in opposing the snuff bill.
Twichell told Sinkler that he was not
worrying about the price of his own
services. Twichell SAID that Ness told
him that he would see Mr.. Rice and
Twichell admitted OH the stand yes
terday that both he, and Dewitt were
aware all the time that Ness never
had any money in his possession to
pay them.
A: this juncture the court took a
reCess after Twichell had been on the
stand over two hours.
After the recess Twichell was still
on the stand and was subjected to a
continuance Of the cross examination
conducted by Attorney Sinkler.
Following Twichell, Levitt was plac-
ed on the stand and the examination
given him brought out testimony
about of the same character as that
extracted from Twichell. 1t was not
till the evening session of the court
was concluded that the attorneys were
through with examining Mr.. Dewitt.
This morning Ness may be placed
on the stand and Judging from rumors
of the corridors a great deal Of inter.
esting testimony is yet to brought out.
1t is intimated that the attorneys in