The Birmingham age-herald., 1923-11-11
TEST TIMONY ON TW0 COUNTS CONPLET
Walton's Administration Of Federal Truck Fund Was
 Under Probe Saturday

OKLAHOMA CITY, Okla. Nov. 10 fBy Associated Press.)-Investiga- tion of the expenditure of s5.0Oo ap- propriated by the last state legisla- ture for the apprehension Of Fred Dennis, former state bank commis- sioner, who is under indictment for alleged bribery and of the adminis- tration of the federal truck fund of the state. marked the progress today of the Impeachment trial of Gov. J. c. Walton.
 At the conclusion of todays ses- sion of court, the prosecution an- nounced 1t had completed presenta- tion of testimony on Articles and Ia of the impeachment bill charging the executive with padding state pay rolls and diverting public monies to his own use by having the salary of his chauffeur paid from state funds
 Evidence in connection with the charge that the governor obligated himself to E. w. Marland. president of the Marland oil and Gas company, at Pomca City, through the purchase of a residence here last May, will be taken up Monday.
 The impeachment bill sets out that Marland purchased the notes which Governor Walton gave in part pay ment for the executive mansion, and charged that this placed the execu- tive in a compromising position in that he is chairman of the state. board of equalization and the oil man holds extensive taxable properties in Okla homa.
 Lee Mullinax, former Bertilion ex- pert of the Oklahoma city police de- partment. under the administration of Governor Walton as mayor. was on the stand considerable part of the day and was questioned at length on his independent search for Dennis.
 He told of various trips for which he submitted expense claims against the Dennis fund, declaring that on one occasion Governor Walton had ''got after" him for turning in a large expense account.
 The appropriation provided s5,000 for expenses In locating Dennis and apprehension.
 Paul Nesbitt. state highway conn missioner, told the court that "21 or 22" persons were employed in the federal truck department when he became highway commissioner and that he had cut the number to eight and "considered that number suffi- cient." He said the value of the de- partment's property Is several mill lion dollars"
 Questioned with regard to the method of repairing the trucks, Nes- bitt told the court that under q for mer administration one firm col lected $39,000 for repairs over 2 period of two years. He said that the federal government had recom- mended that all states put in their own repair shops and that this had been done in Oklahoma.
 The witness replied In the negative when asked if the federal govern ment or the state has any interest in the truck department fund.
 Then who does it belong tor' de- fense counsel asked.
 That is what would like to know" the commissioner replied These trucks are leased to various counties, the federal government con- tinuing to hold title to them with the understanding that they may be re- called at any time. There was nc fund ever appropriated by the legis- lature to establish this department and 1t does not operate under any statute of the state"
 Senator Ira A. Hill of Cherokee in- terrupted the Interrogation with the declaration that the testimony being given already was well known to the court and that It was waste of time to continue the delineation of how the trucks were distributed. The at- torneys agreed, and MT. Nesbitt was excused.
 Ben r. Harrison, state budget off cer, testified that l.. N. Sheldon had been on the pay roll of his office but had performed no services. Har- rison was on the stand only a few indication that he would be recalled later