Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-28
NESS IS Sent TO JAIL

years ago III dtIodt vi tuc Oll. LII
there was no reason why they should
expect to get out of it any cheaper
now.
Ness replied that there wasn't as
much money spent two years ago as
was generally thought, but he though
perhaps the figure 10Y offered might
be raised to $4,000 If Divet and Twtch
ell would stick out for it," He had
no personal authority to raise it over
$500, however. Later Ness said that
pettibone would be willing to go rs
high as $4,000, but wouldn't go owe,
that figure, because it al desired
to keep the expense down to 10000
and there were lots of other people to
be taken care OF besides EDivet and
Twichell.
1t was agreed tc place the money in
the hands OF Representative Anderson
if Anderson would agree TO 1t, and
when Anderson was called into con-
ference with Divet and Twichell he
promised to take the money and turn
il over % the house as evidence. Ar.
rangements were then made with the
assistant states attorney for the ar
rest Of Ness Or Pettibone at any time
the money should be rendered. The
plan, however, never materialized IN
the appearance OF Rice or Pettibone
with the money. Mr.. Divet declared
that he promoted the scheme to APP
rrehend the guilty parties by always
keeping in the position that the mo-
ney offered was not big enough.
Cross-Examination.
Upon croSs-eXamination, Divet stat
cd that Ness showed no signs of in
toXication. Diret also disclosed the
plan to trap the man with the money
by locking the door and throwing the
key outside through the transom TO
the assistant states attorney, who
would 6e notified by telephone.
Representative Streeter demanded
house who we're mentioned by Ness
as having been concerned in the pres
cnt deal Attorney Bangs objected
to having these names disclosed and
the objection was sustained by the
speaker, but the house failed to sus.
tain the speakers decision, and Mr..
Divet mentioned the following:
Senator Hookway, who was to get
81 900 whether or not the bill went
through; Representatives Thompson.
Miller, Ryan and Taylor. Others were
mentioned as beings right on the
proposition" but Mr.. Divet could not
recall their James
Representative OConnor wanted to
know who received the money two
years ago, as had been referred to,
and in spite of the remonstrance of
Attorney Gangs and the action OF the
speaker in sustaining the objection.
the house demanded the names, and
Senators Hookway and : laMoure
were mentioned.
TwicheII On Stand.
When Representative l.. l.. Twich'
ell of Fargo was called to the stand,
he stated that the first time he met
Ness was in. a DON at the Grand Pa,
cific hotel and that first they talked
about the druggists permit bill, in
which it appears Ness was somewhat
interested. According to the evidence
Twichell was not favorable to the bill
and there was somewhat of an argu.
ment. Twichell taking the stand that
the bill was simply introduced for the
purpose, of making it possible for the
druggists OF the state who SO desired
to sell whisky. Twichell testified fur
Their that he then went down stairs
and that it was only a few minutes
until Ness followed him there and
started to talk about the snuff bill and
that Twichell then started to feel
Ness out to see what he knew about
the rumored effort to kill the bill. He
said that Ness argued for a time about
the bill on its merits and tried to
show him where the claims that snuff
was harmful were wrong, and used a
great many technical terms, of which
Twichell knew nothing, as he was not
a chemist nor a druggist. 1t was at
this point that a package of papers
was introduced as evidence. The pa.
pers had been given Twichell by Ness
and We're offered by the prosecution
to bring out the fact that Ness was
connected with the American Tobac-
co company, or the Copenhagen Snuff
company, but when the defense insist
ed \that the papers contained in the
package be read in full the speaker
ruled that the objection of Bangs that
the proposed evidence was irrelevant
and inmaterial IA sustained. Twich-
ell went on to tell that when he had
finally gotten Ness to make an offer
Of money he insisted that he would
not take the matter under consider
alton unless Mr.. Diveh was called in.
Then he detailed the conversations
the three had together in about the
same manne that Divet had. There
was considerable reference to drink
ing in hotel rooms during the cross.
examination of Twichell and many
questions as to who first proposed the
use of money in obtaining the in1u-
ence of Divet and Twichell, it being
the evident intent of the attorney for
the accused to try to prove that the
prosecuting witnesses had first
preached the proposition and also
that Ness and Twichell had been
drinking together. The witness also
stated that there had seen no definite
amount of money mentioned that eth
er of the men were to receive until
Divet and Twichell we're with Ness at
the same time. There were some few
minor points on which the testimon.
of Twichell and Divet did not agree,
but in the main their evidence was
about the same. Twichell denied that