The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-23
TWICHELL And
LAWYER MIX IN
: ROAD INQUIRY
Contractor and Committee
Counsel in Tilt Over Man
ner of Answering
HUMOR is INJECTED
Twichelrs Appeal For Engi-
neCr He Said He Didn't
Like Brought Up

feadWell lWlcnell, contractor OF
the Richland county road project
which the House Highway Commits
sion investigating committee is in
quiring at length, provoked the COM
mittee counsel, L. j. Graham, and
committee members, was provoked
himself ut times and furnished
amusement for many of the specta-
tors, at the hearing Of the commit
tee thi morning.
Mr.. Twichell's propensity for an
swering questions at great length
brought many objections from Mr..
Graham and at times protestations
from Twichell that his constitutional
. rights guaranteed him freedom in
answering questions.
Mr.. Graham at one time protest
ed that Mr.. Twichell was too valuable
in his answers.
You don't need to answer for the
committee, the committee will take
care Of its own questions" said Mr..
Graham.
"And Pm taking my own part" re-
torted Twichell.
"You seem to want to take it all,
shot back Mr.. Graham.
"That'es weakness | have" re-
piled Twichell, laughing.
MIR. Graham sought to show that
on the Richland county project, IA
l-2 miles for which final award to-
falling over $4,000 was made, that
Mr.. Twichell had worked on supple
mental agreements in writing in
completing the r.O d and that he was
not. entitled to what he finally. was
awarded, although it is not all paid.
1'wichelf declared that he worked
under verbal instructions.
No Real Clay
Mr. Twichell declared no real clay
was used in surfacing Project 50,
that it was combination depending
on what pits the dirt was taken from,
the best pit being in slough. In
some places when he went down l8
to 20 inches he ran into quick sand,
he said.
LAS we understand it, you say you
never made Il specific claim for yard
age" said Mr.. Graham.
"No"
Twichell said that he presented
orally an approximate claim.
He then said he had notes and
memorandum of claims. He then
said he thought he had notes
and memorandum and they were in
the highway department.
Mr.. Graham then sought to show
by letter written May Ia, 1928, by
Twichell, that the road was not com
pleted. The letter spoke Of Twichell
putting on a new top. Twichell said
he didn't put on new top.
''Then you didn't mean what you
said?" Graham asked.
II didn't mean what you said
said," replied Twichell. The witness
and counsel argued over construction
of the letter and testimony.
Mr.. Graham wanted Twichell to
answer question about one para
graph of letter. Twichell insisted
he had 20 read it all. This was fin
ally agreed to, and the letter, which
was in Twichell's handwriting, was
handed to him.
81 guess you'll have to read your
own handwriting" said Mr.. Graham.
That's one advantage / have"
said Twichell, smiling.
Another Letter
Another letter written November
TO-, 1920, to an engineer of the
Highway Comission said that Section
A of the road was about finished and
Section g needed much work. The
letter also said it was no disgrace
for Twichell, working on such a
job and in view of financial con-
ditions, to admit he was hard pressed
financially.
,Twichell asserted no supplemental
agreements were made on Richland
county project. Graham showed
letter from Mr.. Myhre to Twichell
saying he was enclosing supplement
tai agreements on the Richland
county project. ss
"If they sent them never receiv-
ed them or would answer" he said.
Tw;chefl later said, on questioning,
he received letter from w. G.
Black, chief engineer, saying that
$4,000 was due on the work and
Black sent a man to Richland coun-
ty to show figures to the county
board. Twichell said he went to his
brother and said the figures were
not right, were too low.
A letter from Twichell to Black
said the "old lot" had given him the
worst Of it, meaning the former
Highway commission. The letter
said he wanted an opportunity to
prove his contentious, that he should
not lose $4,000 on the work "be-
cause they tried to trim me-" He
said he owed much money and didn't
want to see the job lose money. He
appealed to Black for settlement.
"What time did you quit work in
Richland county in 1922T Twjtchell
was asked.
.sWhen the Lord chased. me in
the day before Thanksgitine."
Twichell was asked sabsut = letter