The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-10-30
The Referee: Sustained. Exception.

The Referee: Sustained. Exception.
Mr.. Sullivan: We offer to prove py
the witness, and by the witnesses Geo
Christensen and Heinie Weldon, that
during the time this special investlga-
tor in this case was sheriff of Golden
Valley county, that at many, several
and diver times poker game was con-
Quoted in his house over which he pre-
sided: that a rake-of was on various
instances taken from the game by the
then sheriff, Seaman Smith; that ne
distributed liquor among the various
participants in the game for whch q
consideration was charged IN various
sums and on various instances; that
this course of conduct upon his part
continued up to the time that ne re-
linouished the office of sheriff, and has
on at least three occasions occurred
since he gave up the Office of sheriff.
Mr.. Lee: To which offer we object,
as incompetent, immaterial and not
within the issues under the pleadlngs.
The Referee: Sustained. Exception.
Mr.. Sullivan: And we further offer
to prove that the said special investl-
gator, Seaman Smith, on the afternoon
and evening Of Armistice Day, was
drunk and that he told Perzina. ne,
Seaman Smith, was going to "get him.
that Pierzina would be sheriff but a
short time; that he hit Davis, a one
armed man; that he exhibited his gun,
fourishing the same, and slapped Da-
Wis, the one-armed man, and drove the
customers out of the place, and un-
dertook without any warrant, papers
or any legal process whatsoever, to
and did close up the pool hall on &C.
count of actual or fanciful grievance
that he had against Davis.
Mr.. Lee: Same objection.
The Referee: Sustained. Exception.
Mr.. Sullivan: We offer this testi-
mony as we have heretofore indicated
for the purpose of supplying his ex-
cellency, the governor, with knowl-
edge as to the class Of people who
are the champions of this prosecution
in this community, and feel that with
this testimony admitted we could safe
ly depend upon his excellency to look
with some degree Of caution upon the
Of others similarly interest,"
ed, and in view of the fact that his
honor, the commissioner, has ruled
that this testimony is not admissible,
we will content ourselves with the Of
fer as to this witness, and not burden
the record with similar offers as to
other persons interested in the pros
ecution Of this case.
Mr.. Sullivan: At this time the de-
PENDANTS in this action demand that
the persons whose names are affixed
to the charges and complaint in this
action, that the defendants may be
given an opportunity to cross-examine
said witnesses as to their knowledge
of the statements and allegations in
said complaint.
Mr.. Lee: Objected to as incompe-
tent, irrevtlant and immaterial.
The Referee: Sustained. Exception.
The above testimony was offered to
show the caliber and class of citizen
ship that is back of the prosecution of
these cases in the Beach community.
1t is alleged that the governor is
taking his advice from Smith in con-
nection with the Gallagher-Pierzina
cases and counsel declared that he
should be taken as Exhibit A in the
matter of showing to the world what
of people the governors adj
visors may be.
The prosecution has absolutely fail
ed to show that politics in any manner
had anything to do with the Bowen
murder and that as a matter of fact no
officer of tht law-county, state or
otherwise-had anything to do with