The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-03-05


so, holding that the senate COM
activities Of the house.
Refuses to 30 Sworn.
The president of the senate, after
the service Of the summons had been
refused, issued warrants for the ar
rest OF the two and Staale Hendrick-
son, marshal Of the committee. The
attorneys were attending a motion
picture show when J. B. Mineover.
sergeant-at-arms of the senate, placed
them under arrest. They did not re-
sist and proceeded with him to the
senate chamber, where the senate was
killing time, waiting for the house to
clean up its overloaded calendar.
Mr.. Murphy was the first of the men
called. He announced that he refused
to be sworn. Senator Liederback.
chairman Of the senate committee,
moved that he be sworn and be COM
PEELED to answer questions. Mr. Muir
ply then requested an opportunity to
consult his attorney, who he said was
Mr.. Sullivan. After conference, he
announced that his attorney had in
structed him to refuse to be sworn
as he was defendant under arrest
for crime and could therefore not be
asked to answer questions.
Senator Baker Of Renville, a mem.
ber Of the committee then moved that
Mr.. Murphy be released from custody
and be questioned. The motion car
red. Mr.. Murphy quietly walked
from the bar of the senate where he
had been standing, up the main aisle.
stopping to get his Overcoat and by
the sergeant-at-arms standing by tie
door before his action had been de-
tected.
Seaman on Firing Line.
Presiding Officer Wood ordered the
sergeant-at-arms to bring the attorney
back. With that, the crowd which
packed the rear of the senate cham
Der started for the doors, not to miss
anything. Seaman Smith, former
sheriff of Golden Valley County and
later an appraiser for the state bank,
tried to keep Carl Kositzky, former
state auditor, from getting out. Yer
sions of the fracas vary as re-
gard to the next movement.
Seaman Smith is said to have
been laid out in the mil x-up
While this affair was in progress.
Moyd Lofthus. son of o. X. Lofthus,
state bank examiner, is said to have
come up from behind Kositzky and
struck him in the back Of the head,
Kositzky turned sharply and Lofth"s
angled off for the law library. The
former state auditor found him there
and mauled him, it is said.
Feeling Fine.
Mr.. Hostility said this morning that
he was feeling well and that he guess
ed that Lofthus suffered fully as mucn
as he did. Outside. Of a black eye and
two or three mean scratches on tho
face, he looked none the worse for
the encounter.
The sharp reports of the blows were
distinctly heard in the senate cham
ber. Mr.. Sullivan rushed out, thinking
that perhaps Mr.. Murphy and the
sergeant-at-arms had clashed. Most
of the senators followed until Lieut..
Gov. Wood raped for order and di'
rected the doors to be closed.
In the fracas, Mr.. Murphy easily
made his getaway. ...
The senate moved that warrant
be sworn out for Mr.. Murphy's rear
rest. Mr.. Mineover, the sergeant-at-
arms, looking through the big win
dows of the doors leading out into the
rotunda at the aroused mob wrang
ling outside, was not keen about the
unrestrained activity. but Senator
Liederbach shouted for him to 60 and
get the warrant from the attorney
generals Office.
Try to Swear Sullivan.
An attempt was then made ID swear
Mr.. Sullivan. Mr.. Sullivan informed
the president of the senate that he
had retained as his attorney Mr. Muir
ply and that he believed that the
gentleman had left the room but as
an invitation had been issued for his
return, he expected that he would
soon be back and asked the proceed
ings be suspended until his return.
Won't Wait.
The presiding Office ruled against
any waiting for an attorney. Mr.. Sui.
livan then asked for five minutes ~
explain why he refused to be sworn
This was denied him. He then asked
for three minutes. Senator Piovhar,
of Barnes, put this in the form cf \
motion and Senator Murphy of Walsh,
another member of the investigating
CONTINUED on Page Six)