Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1913-05-30
NATURE OF THE TESTIMONY
BROUGHT OUT IN THE TRIAL
AT BISMARCK.

ture of the Ness case before the dis.
trict court was the testimony of J.. L..
Twichell, one Of the main witnesses
for the state, in the case against Ben
J. Ness, who is before he court
charged with attempting to bribe
Messrs. Dewitt and Twichell when they
were members Of the legislature in
Bismarck last winter.
With the opening Of court for the
afternoon session Attorney General
Miller appeared as the main attorney
for the state together with Assistant
Attorney General zuger and States At
torney Berndt, while Ed Sinkler of
Ninot appeared for the defendant
Ness, together with Theodore Koffel
of Bismarck.
Upon motion of Attorney Sinkler all
the witnesses in the case except the
complaining witness and the defend
ant were excluded from the court
room. The only other witness here in
the case was Twichell and Attorney
General Miller hurried him to the wit
ness stand and had him put under
oath.
Twichell said he had known the de-
PENDANT Ben J. Ness since about Feb
ruary LIST but that it was not till Feb
ruary 22nd that he had any conversa-
ton with him. On that day Twichell
said he had attended a committee
meeting held in the exposition build.
ing, after which he went to the Nc
Kenzie hotel and went to room 400
occupied by Messrs. Taylor and Miller,
also members of the legislature. While
the party was engaged in drinking a
few glasses of beer Ness came ont
Of the bath room and addressed Mr..
Twichell as "Mr. Streeter," so Twich.
ell testified, but he was corrected and
the conversation drifted to matter
pertaining to the liquor permit laws.
Shortly afterwards Twichell testified
he left room 400 and went down stairs
to the lobby. Later Ness came down
and with Twichell went up the ell
evator to either the second or third
floor to a room in the north end of
not to exceed $4,000 at the last ses-
the snuff bill in which he was inter
ested. Ness told Twichell that he was
representing the American Tobacco
company and the company was anx-
ious to have that bill killed. He said
there had been lobbyists there against
the bill and that a Mr. Rice, president
of the company, Mr.. Burrows, law
yer for the company, and also Mr..
Peterson had been there in the inter.
ests Of the tobacco company.
Twichell said that Ness told him
that Attorney Chas. Murphy of Grand
Forks and Attorney Sullivan Of Man
dan, had also been there but that it
had been considered that they had
about exhausted "their pull" with the
legislature in railroad measures they
had been opposing. Twichol said on
the stand that Ness told him that he
recognized that Twiche:l had good
6eal to do with the sauff bill, that
the tobacco company wanted the bill
killed and that he could have money
for his services if he wanted to "get
busy" in opposition to the measure.
Twichell then says he told Ness chat
he would not entertain any PROPOSE
ton until Divet was present with him.
and that the matter would have to be
talked over in his room at the Grand
Pacific hotel. On the stand yesterday
Twichell was not exactly clear a. to
Row Ness and he and Divet got to.
gether, but Ness came to Twichell e
room at the Grand Pacific that night
where they talked the matter over
with Divet present.
On the stand Twichell said that the
report Of two years ago Of the fate
Of the SNUFF bill had been mentioned
and it was remarked that $4,000 had
been used to defeat the bill at that
time. It was also mentioned that the
tobacco company was willing to spend
not exceed $4,000 at the last ses
sion to defeat the bill, and it was
suggested that Twichell and Dewitt
could have 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 Divet would be willing to see Mr..
Rice any time that night.
Twichell says he did not see Ness
again till the next day, Sunday, at
noon, when Ness came to the Grand
Pacific hotel when he told Twichell
that Rice had been unable to call on
him and Divet at the Grand Pacific
the night before from the fact that