The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-09-26
0LS0N'S ABSENCE
DELAYS TRIAL OF
STATE AUDITOR
Kositzky Anxious for Early
Hearing, But Ed Allen In.
sists on POstpOnement
OBERT WANTS WAY PAID
Treasurer Declares He Will Not
Return Unless Prosecution
Cares for Travel Fees

Due to the absence Of o. A. Olson,
state treasurer, from Burleigh county,
the trial Of Carl Kositzky on charge
of assault and battery growing out of
a spanking he administered to C. X,
Gomberson, correspondent at the
capitol for Fargo newspaper, today
was adjourned to November 25. 7
| The case was heard before Justicesof
Peace CasSelman, and the room which
forms the Justices court was crowded,
the jury being lined up on one side OF
the room and witnesses elbowing each
other. There were so many present
that only small portion were seated.
States Attorney Allen produced a
laugh from both sides when in the
course Of his argument urging I'D
journment Of the case stated that h.
was positive that Kositzky spirited
Olson out Of the county so that he
could not appear as witness against
the state auditor. Even the reporter
who charges that Kositzky beat and
kicked him could not help smiling a.
this assertion.
II OBERT WANTS MILEAGE
1t was brought out during the argrl-
ments between the attorneys before
Judge Casselman decided on adjourn
mcnt that Olson had left the capital
city and went to Bowman county and
that he had refused to appear before
the court as witness until "his mile
age was paid" Attorneys for Kositz-
ky argued that inasmuch as the plain
tiff was present and had full knowl-
edge of what was gang on at the time
Of the spanking that he could supply
all Of the testimony that the states
attorney expected Olson to furnish and
/ that it was useless to delay the tria!
until Olson returned to the city.
It was stated that Olson, according
to the law of the state, must return to
his duties before the end of sixty days
tand feeling that 1t will be impossible
to force Olson to appear as a witness
until he does return, Judge CasselmaD
adjourned the trial until November 25
sixty days from today.
WOULD BOND COMPLAINANT
Attorney Sullivan, representing he
state auditor, fearing that perhaps the
plaintiff might disappear as well as the
states principal witness, urged that
Gumberson be placed under $500 bonds
to guaranty his appearance when the
trial is actually held. This request was
not granted
In an affidavit offered by Allen il
was said that State Treasurer Olsen
left the county ito avoid being wit
ness in such action X so that he
could not testify Allen then went on
to state that he had issued subpoena
for Olson to appear as witness todat'
which was served on Olson in Bowman
county and that Olson said, ''he would
not come unless his mileage was pail
before he left Bowman county" .
Continuing his statement Allen said
it was impossible for the justice court
to enforce subpoena outside Of the
county in which it was issued and that
Olson should have "known the state
does not and cannot pay its witness
fees in advance" In conclusion the
states ATTORNEY stated that the law
provided that Olson cannot absent him
self from his official duties at the cari
tol for more than sixty days.
WOULD HAVE LAW ON OBERT
Allen promised the court that if the
said Olson does not come to Bismarck
to perform the duties of his Office be.
fore that time that he will take steps
to enforce the provisions of the said
law" \
1t was shown at the trial that
Kositzky was very anxious that the
case be tried Immediately, while Allen
insisted on postponement until Olson
could be produced. Both sides have a
large number of witnesses to testify OIL
their behalf, including many of the Of
ficials at the capitol.
1t was said that the jury was divid.
ed equally among Nonpartisans and
,non-leaguers. The interest was largely
political.