Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-28

ley in the hallway at the Grand Paci-
tc hotel. but didn't hear what was
said.
Case Is Concluded.
Chairman Owens. OF the special
prosecuting committee, announced
that that was the substance Of the
case, and any member having any fur
Their knowledge would be heard. None
responded, however. The speaker an
nounced that the ase now rested
with the defense, but before further
procedure. a motion for a ten minutes
recess prevailed. ..
After the recess Mr.. Bangs announc.
ed that the defense had no testimony
TO offer, and so far a. the testimony
was concerned, the trial was closed.
Members Clear Themselves.
Representative Taylor took the
stand and declared that inasmuch as
his name had been mentioned in con.
nection with the affair, he wished to
make it known that he had not been
approached by Ness or anyone else
with any proposition or any sugges-
ton relating to the anti.snuff bill.
Mr.. Miller testified that while Ness
was a frequent friendly caller at his
room, he never attempted to infiu-
ence him With regard to the snuff bill
Tor any other measure. He declared
that Ness had been intoxicated most
of the time, and he considered a lot
of his ranblings as irresponsible.
Representatives Norheim and Ryan,
both, were sworn. and they, too, de-
MED having had any conversation
with Ness or anyone else regarding
the snuff bill or any other measure.
Ryan testified that Ness was often
broke, but talked a great deal of high
I finance. He had given him money
TO secure booze on his latest. visit to
Ryanfs room, but they did mot dis
cuss legislation.
Resolution Adopted.
The chairman of the prosecuting
committee then introduced a resolu-
ton declaring the accused guilty OF
the charges incorporated in the COM
|plaint, and recommending suitable
punishment. The resolution was adopt
ed unanimously, and Mr.. Owens
ed that the house 60 into executive
session while sentence was imposed,
but Representatives Streeter, Will
liams, Sorlie and others opposed an
executive session, and after brief dis
cussion the opposition was unanimous.
Mr.. France moved that the reselu-
ton had been pushed through a little
too swiftly and that the defense
should have an opportunity to be
heard. The motion was overruled.
Nj. Streeter moved that sentence
be pronounced and that the defendant
be confined in Jail until the end OF
the session, and Sorlie seconded the
motion.
Mr.. WARDROBE moved that counsel
for the defense be heard on the ques-
ton OF punishment, and the privilege
was granted. Mr.. Bangs declared that
nothing was to be gained by imposing
a Jail sentence, inasmuch as the cen
sorship was most sever as it stood,
and that the legislators should now
show a little charity and human kind
ness by relieving the defendant OF
serving the jail sentence.
Mr.. O'Connor moved as an amend
ment that the sentence should be
! confinement until Saturday night, and
Mr.. Streeter would have withdrawn
his motion in favor of O'Connor's mo-
ton, but Mr.. Sorlie, who had second
ed the Streeter motion, refused to do
so.
The committees resolution was
adopted as follows:
Whereas. information was laid before
the ouse of Representatives on the 25th
day of February, 1913, charging one Ben
Ness Of violating the privileges Of this
House and its members and,
Whereas, upon uch information and
action Of the House the Speaker Issued
his warrant for the apprehension and
arrest of said Ness to answer such
| charges and,
Whereas, the said Ness appeared be-
fore tile bar of this House on the 9th
day of February. 1918 and entered a
full and complete denial OF all such
charges and.
Whereas, evidence was produced be-
fofe the House tending to ~corroborate
and prove the statements made and laid
before the House in such Information
and.
Whereas, q FUN and complete hearing
thereon has been had and the accused
has been heard thereon.
Ncwyfherefcres BssItih Resolved. that 1t