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

| wish to submit the following sworn
statement.
State OF North Dakota, County OF Bur
leigh, IS:
\. NJ. Thompson. being first duly sworn
on his oath, deposes and says: that he
is a member of the Thirteenth Legisla-
tive Assembly from the T~wenty-ninth
District. and thai he makes this affi-
davit on the question of personal privi-
lege by reason of the hear-say state
ment injected into the record in the case
of House of Representatives vs.. Ben
Ness.
This aftiant says; that he has at no
time had n conversation with the de-
PENDANT. Ben Ness. relating to Senate
Bill No. %: otherwise known as the
Snuf Bill, that he has not received any
money or things of value o. had any in
ducementS made to him while a mem
her Of this Legislative Assembly or the
Twelfth Legislative Assembly for his in
iiuence toward the support of any mea-
sure or question coming before either of
said Assemblies.
Affiant further says: that he is in fav-
or of a fun investigation OF all the facts
surrounding the bribery charges on SEN
ate Bill No. IS. for the purpose OF vim
dicating the members on hearsay state
ments made by the defendant, Ben Ness.
\. NJ. THOMPSON.
Subscribed II sworn. to before me
this eth day of February, 1913.
j.. II. FRAME.
Speaker House of Representatives.
In order to get all the testimony
into the journal, it was decided to
have two sets Of st~enographers to
work in two shifts, one to transcribe
testimony while the other was report
ing it. ...
BARLEY 1estifies.
Representative BARLEY testified
briefly, stating that nobody but Ness
had made any offer Of money to him,
and that no money had been produced
to substantiate the offer made by the
accused.
Stenographer 1estifies.
One OF the most important witness
es of the afternoon was Mrs. Emma
Mckenzie, house stenographer. She
said that Mr.. Rice, vice president OF
the American Tobacco company and
OF the Copenhagen Snuff company,
had in conversation with her asked
what the local situation was with ref.
erence to sentiment regarding the
oots cr,,fS hill ECl,o ~, e,n%ho. o,1.oI
II she knew who in particular was OPP
posedAto the bill and who might be
expected to support.
She replied in effect that she vas
not we'll familiar with the situation,
but that she knew Mr.. Twchell to be
in favor of the passage Of the meas
ure. Mr.. Rice then asked her if she
had any idea who might be able to
influence Mr.. Twichell against the
bill, and she replied that she was not
familiar with anyone having influence
with the legislators, but that Mr.. Ness
might be able to use such influence.
She did not introduce Ness to Rice,
but afterward learned that they had
met.
Mrs. Mckenzie also testified that on
another occasion, at the direction Of
Mr.. Ness, she had talked to Rice, who
was at Fargo, owe the telephone,
and that she had requested him, for
Mr.. Ness, to come to Bismarck. She
also conversed with Mr.. Pettibone,
but the conversation had nothing to
do with matters pending in the legis-
|lature.
She testified that Ness had told her
that he had Is or IA members lined
up including Twichell, and that he
was after Divet, with good prospects
of getting him lined up, too. She
said Ness told her he would have to
pay Twichell about $1,000, but he
drdn't know what he would have to
pay Divet, also that it would take
about $40, 900 or SIS, 600 to square up
with other representatives. Mrs. Nc
Kenzie said that on one occasion
Ness told her that Mr.. Tharaldson,
deputy state treasurer, was talking
from Ness room to Rice over the tele-
phone.
Later in the day, Tharaldson took
the stand and denied the truth Of
this report and showed that he was
in Minneapolis the time the telephone
conversation is alleged to have taken
place.
Mr.. Stenehjem was called to the
stand. and he testified that he visited
Twichen's and Jaw Divet, Twich-
ell and Ness there. hut that he didn't
hear anything that was said. Also.
he said he saw Ness talking to Bart