The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-07-15
70 TIN u Z n
from pAge 90.
Custer Case Cost
Taxpayers $527.16

Custer Case Cost
Taxpayers $527.1(
sworn, according to law, testified a
follows:
Cross under the statut,
by Mr.. Sullivan.
Mr.. Sullivan: Let the record SHOW
that Mr.. Asselstine is called for cross,
examination under the statute.
Mr.. McCurdy: In view of tn,
record we made on that we have nj
objection.
! Q. Mr.. Asselstine, your full name
is what, please?
A. H. P. Asselstine.
Q. You reside where, please7
A. 222 Third st.. Bismarck.
@. You resided in Bismarck iol
some considerable period.
A. Tour years.
Q. Where did you come from to
Bismarck?
A. Moffitt.
Q. You were engaged in the bank
ing business In Moffitt.
A. No.
Q. What business were you en-
gagged IMP
A. Farming.
MIR. McCurdy: Before you ask any
further questions, wish to make q
statement that am not attorney for
these petitioners. The petitioners, as
I understand the law, merely sign the
formal complaint which Is filed with
the governor and the governor then
appoints a special prosecutor, and the
petitioners have no further control of,
or connection with the proceeding
and it leaves this situation little
peculiar because am not retained by
and do not represent the petitioners.
am appearing as special prosecutor
appointed by the governor. don't
know what the situation Is as to the
right of examination because the
statute Is silent on that point, and my
participation in this as special pros
ecutor will be limited merely to man
aging the states side Of this matter,
just as though these witnesses were
not petitioners, and while this witness
has been called for cross-examination
under the statute, yet, he not being
party to this proceeding in accord
ance with the statute, don't think
that the calling of him for cross-exam-
ination under the statute has any legal
effect whatsoever, and I think that
the state, II so desired, should have
the right to cross the
same as though he was called not for
cross-examination under the statute.
We don't care how he is called and
make no objection to him being called
for cross-examination under the
statute, but in view Of the peculiar
situation that has arisen, and the
parties there, we feel this record
should be made and put In the record,
so 1t may be called to the attention
Of any tribunal to whom this may be
certified.
9. Mr.. Asselstine, you signed-you
are one of the signers Of the COM
plant in this action as against the
defendant county commissioners?
A. Yes.
G. And you signed 1t when?
A. don't remember the date.
Q. It is dated April 18th.
A. Somewhere around that time.
Q. Where did you sign It?
A. In Mr.. McCurdy's office.
@. In Bismarck here?
A. Yes.
Q. Mr.. McCurdy called you up and
asked you to come in?
A. No.
Q. It was at Mr.. McCurdy's office1
A. Yes, sir.
q. And Mr.. Asselstine you were
not present at any meeting between
these defendants and any Of the en-
ployees of the Bismarck Tribune
Company?
| A. No, sir.
@. You don't know Of any facts
concerning-of your own knowledge
any of the negotiations between the
Bismarck Tribune Company and the
Board of County Commissioners?
A. Only what read In the county
proceedings.
Q. You have no personal know
ledge?
A. No.
@. Your entire knowledge concern
ing this matter Is confined to what
you read In the proceedings by the
Board of County Commissioners?
A. Yes, sir.
@. You know nothing else about 1t
other than that?
A. No.
Q. Other than what the proceed
ings of the board showed as printed
in the public press?
A. Yes.
@. That is the exclusive source OF
your personal information?
A. Yes, sir.
Mr.. Sullivan: That is all.
Mr.. McCurdy: That is all, no cross
examination.
c. A. Anderson.
Mr.. G. A. Anderson. having been
called as an adverse witness for cross
examination under the statute, and
having been first duly sworn. accord
ing to law, testified as follows:
Cross examination under the statute
by Mr.. Sullivan:
@. Your name Is Mr.. O. A. Allder-
son?
A. Yes, sir.
Q. Where do you reside, Mr.. An
derson?
A. Moffitt is my postoffice.
g. How long have you resided at
Moffitt?
i A About foHkS, 1xooHs