Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-01

operating these places, but that onl,
a few arrests had been made, and tina
he had never called the attention o.
Chief of Police Mcdonald to these
violations; he also said that he
had never called the attention of any
member Of the board Of city commits
sioners to these violations Of the pro
hibition law.
Further in the cross examination
Rev. Watkins admitted that condi
tons, as regards the violation of the
| prohibition law were now better and
that he knew of no instance where
Mcdonald had been seen drinking in
a blind pig.
Wouldn't Grant Further Time.
After the arguments for the attor,
neys, has been chosen Com.
missioner Patterson moved that
there be further time granted
Rev Mr.. Watkins If he has
further evidence which he
desired to introduce, but this motion
was not carried. Commissioner
Hinckley stated that he, with other
members OF the commission, had a
good deal of business demanding
their attention, and he thought the
matter should be closed at once. A
suggestion to the effect that the vote
of the commission on the motion two
dismiss should be taken in executive
session met with opposition from
Commissioners Patterson, who stated
that he believed the vote should be
taken in the open and this was de-
cided upon as the proper course to
take. After some further remarks by
both sides, Patterson moved that the
roll be called upon the motion to dis
miss, and the following vote "a re-
corded:
Commissioners Patterson, Hinckley,
Lucas and President William voting
aye, and Commissioner Jackson voting
no.
Mr.. Jackson made a number of re.
marks and asked some questions be-
fore stating his vote, the tenor of his
remarks indicating that he voted as
he did because the defense did not see
fit to put any witnesses on the stand
to refute some of the statements made
by the prosecution. Before Patterson
cast his vote he asked~if there had
ever been any specific instruction
.,iven the chief of police regarding the
course to be pursued in handling some
of the evils charged to exist, and
when he found that no such instruc-
tons had been issued he voted in IA
vor Of Diminishing the case.
As the case has been OF so much
public interest, and in order that the
people OF the CITY might know what
the evidence and arguments were, it
was voted to have the proceedings
published in the Bismarck Daily Trib.
une. the olllcial paper of the city Of
BISMARCK.
Commissioner Jackson, upon being
questioned regarding his vote Of
NO" in connection with the dismis-
sal Of the action against Chief OF Po-
lice Mcdonald. said, in effect, that
he voted no because evidence had
been submitted by Vail, a former
EOIlC6 OlllCeF Ill tulS CITY, " inc ciLeCI
that Mcdonald had drank liquor in
the place known as the Southside gro
Gerry with him, and that others were
present at the time; that the defense
had offered no testimony to refute the
evidence Of this witness; that the
testimony Of two of the boys who had
worked in Breslow's drug store serv-
ed to show that Chief of Police Nc
Donald had drank intoxicating liquors
in the drug store in question and that
this drug store was afterwards closed
upon an order Of the court.
Another reason Commissioner Jack.
son gave for havin voted IN" was
that the affidavit of Slower, who is
now a federal prisoner, was not used
in the trial, and that his testimony
could have been taken in the Jail and
counsel for the defense could cross
examine him there, too. Commits.
sioner Jackson said that the defense
had not brought out any testimony
with reference to Slower having said
that he would "get Mcdonald" and it
they had proved that Slower had said
this, he would not give Stover's ties.
tilnOnv anV credence.