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

' WV" "a silN ~ a'ih' ="
this building was closed. the evidence OF
these boys in part. They were there and
| gave evidence in the case before the dis.
! trict court. and the evidence that We
place before you, the evidence Of Mr..
Mcdonald drinking there. was the very
same evidence used in closing Of this
building. and acted uppn by the district
court. / think I need not dwell upon
that further. The boys indicated they
knew what whiskcy was. described Its
color. The wiskey was on the floor
there in a place where whiSkcy had no
right to be sold. II there was any subj
crfugc you would have expected that 1t
was whiskcy but labeled something else.
1t was labeled whiskcy. II these boys
| saw Mr.. Brcslow get down. and saw him
pour into IA receptacle out of which Mr..
Mcdonald drank some of thi SWhiSkcy.
This place continued to run. selling LID
uor there a longer or shorter period up
until about the gath day OF July, when
action started by myself with reference
to the building resulted in the building
being closed up.
Now with reference to the South Side
Grocery store: a place that for years has
been notorious in this city. Il place out
of which blind piggers have been convict
ed and served time. a place which the
citizens Of the city know by reputation.
as almost a continuous place where in
toXicating liquors have been sold and
kept for sale. Mr.. Wald testified that
he saw Mr.. Mcdonald drinking intoXi-
eating liquors in this place II or more
times. Mr.. Millctt ~tcstifies that Mr..
Mcdonald came into this place many
times. This was last summer, and the
action taken to close that place came
along about the cath day of July. The
place | think has been closed by the
order Of the court since that time.
Now with reference to the liquor in the
barr on the south side of the track. You
morning. who said that he had tried to
get rid Of a place where Intoxicating LID
~yors-wherc he believed Intoxicating Id
uors were being used contrary to law.
He sought out Mr.. Mcdonald and that
Mr.. Mcdonald there found two barrels
of beer.
Now ! call your attention right here to
Section No. 1888 Of the Statutes Of 1907,
that outlines the process by which an Of
fetal is to act in such d matter:
'WheneVer n peace officer of the
State of North Dakota has reasonable
grounds to believe that Intoxicating LID
nor has been imported into the state Of
North Dakota for the purpose of sale as
Il beverage in violation OF law. and that
such liquor so imported is then stored
at or many place in any city. town. VIII
ton Of such peace officer. it is hereby
made his duty to seize such liquor with
or without a warrant, and If seized with
out Il warrant, to invoice and keep the
same in his custody until finally disposed
Of as hereinafter provided
This man that took Mr.. Mcdonald
dow claimed posseSsesion of this barn.
as he testified here this morning, not
ownership. but as far as use was con-
cerncd. He had closed it up and at
least believed it was his for use. He
found a mans COW in there and this
beer. The man who came and claimed
the COW claimed that the beer was not
his. 1t has been decided in the case of
Scott V. Crawford at Dickinson in Il case
in which | procured the evidence that
two barrels of beer taken from a private
house was too much liquor under our
statute, and in that case the justice held
Judge Crawford sustained the order.
Not a barn. mind YOU, but a private
house. Here are tWo barrels Of beer
the 1907 statute" No: he rather orders
a man who claims the liquor is not his.
to get it out of there. according to the
evidence of Mr.. AlIsbury. Absolutely
he didn't. want to seize this linuor he
had no right to order some fellow who
did not own the liquor to get it out of
the barn when it did not belong to him.
taken that liquor in charge and taken
possession of it under this provision, and
had the liquor condemned. But it was
further shown by this witness that Mr..
McDonald-that there was at that time
going on a nuisance or what he thought
was Il nuisance near that place, and the
circumstances were such that he thought
that this liquor belonged to the man
Campbell where this riot was going on.
and this man asked for an Investigation
there, but did not succeed in getting it.
1t seems strange in connection with that.
that this very man whom this complaint
was against II where the peace Off
Ger failed to act at the direction or re-
quest of a citizen, should be asked to
take possession of those two barrels Of
beer and get them out of there.
With reference to the Ciootcn barn:
MIR. Allsbury makes the affidavit and
further substantiates it by his testimony
I,oena to get Mr.. Finstad. This afti-
davit will he before you for what it is
worth. In this affidavit Mr.. Finstad
claims to have been the man who. was
at the time. and that he saw the Chief
80 there. Was nearby.
II saw y. f.. Mcdonald, Chief of
Police. in a barn on Front street in
which was about two barrels of becr.
named Allsbury."
Then he goes on to say that certain
other PARTIES later came to this barn
and took away some of this liquor. You
VIII notice thai this affidavit states that
ono Henry Slower came and got some Of
this beer II took it away.
Mr.; Slower makes an affidavit, and VIC
cnTia not get Mr., stovcr because they
'ItliI ~ It'iuIItS I'LL DINtT ITO1l INC
judge, Of the Federal court to take him
outside the prison. | suggested the ad-
visibility of going there and taking the
evidence, but it was not seen fit to do
that.
Mr.. Slower swears: II. Henry b. sto-
yer. Of lawful age, being first duly
sworn. say that on or about the first of
November. 1911. I was at the Gluten
barn in Bismarck. and heard Chief Of
Police +. z. Mcdonald tell several men
where they could get 9 barrels of beer.
namely at a barn near the ball park.
Those present being Harry CloOten. Louie
Clooten. Matt Clooten. Jack Christopher.
Fred Reeves. Joe Valid, and - Gam
yer, Fred Reeves and Mr.. Gamble went
to said barn and found said liquor and
took one barrel of beer n some whis-
key to the hay loft Of the Clooten barn:
Chief Of Police Mcdonald drank the said
liquor. Said Mcdonald said to the above
that he had found two barrel Of beer
and you fellows can so and get it, and
lots helped to drink the same
This matter is substantiated by other
affidavits and by the testimony of the
man .Allsbury in part, and by the fact
that Mr.. Wald claims to have partici-
pated in the presence of the Chief and
with the Chief in the drinking of this
not get very far out of the way in claim
ing that the Chief did instigate the tax
ing Of this liquor, which otherwise should
have been seized by him and condemned
under due process Of law, and participant
ed in the drinking of the same.
Now as to the matter of the bawdy
houses. It is the red light district that
we have all talked about and know about.
hiy order Of the court, I think sometime
In July. The, presence of these has been
known for years. and while it may not
be a matter Of positive knowledge with