The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-05-05
r. ON T l N u E n
~ from page ona'
No New Evidence
Put in Record of
Custer Proceeding

old board members appear. Other.
listed different combinations of boart
members and on II the initials O.
neither Swanson nor Solder appeared
the other members signing alone
Tiedman was not, at that time, Z
member Of the board.
Is Not Convincing
McCurdy spent the morning trying
to convince Commissioner Abern thai
these bills proved something or othe1
against Swanson and Solder, but failed
dismally.
After an involved legal deviation
by McCurdy, Abern overruled hi!
latest effort just before recess fol
lunch with the statement that ever
now the materially Of the evidences
is rather remote and the objection il
sustained"
In an exchange on the side, Sulli.
van and McCurdy amused the court.
room during a colloquy which fol-
lowed Sullivan's inquiry as to what
McCurdy was trying to do. McCurdy
said he was trying to make a record
for the benefit of any court which
might review the case and was told
by Sullivan he thought Governor
LANCER would dismiss the proceeding
The exchange was ended when Sui
Ivan remarked he had learned more
by listening than by talking"
With Sullivan out Of the court
room, Thomas Burke, Bismarck at
torney who Is assisting in the defense
took up the burden Of holding Nc
Curdy to pertinent evidence, object
ing to having County Auditor Clair
G. Derby testify as to whether the
bills had been paid on the ground
that 1t was not the best evidence
that this could be shown by printed
records.
Later McCurdy wanted Sullivan to
join in an agreed statement that the
bills had been paid but was told, III
you're going to mess around with this
stuff after the commissioner has held
1t irrelevant, you are not going to gel
any cooperation from us"
Attacks Other Officers
Eleven bills were offered in evidence
Thursday afternoon as having been
paid by the county, McCurdy con-
tending that they showed "a continu-
ing line of conduct" on the part Of
the county commissioners with intent
to favor The Tribune.
Sullivan, however, brought out that
all Of the items purchased were fol
material not covered by the contract
He pointed out that the contract was
for the purchase Of specific things al
stated prices and that county offic-
ers were at liberty to buy items not
covered by the contract wherever they
could make the best deal "from Bis.
marck to the South Sea Islands"
McCurdy commended that the con.
tract, by inference, covered every
thing to be bought by the county
and that the purchases should have
been made from the Quick Print, re.
gardless Of the amount charged.
Among items listed in the bill were
such things as carbon sheets, CLASP
envelopes and transcript sheets fol
the court reporter. Purchases were
made, it was shown, by County Audi
tor Clair G. Derby, then county treas.
urer; Court Reporter Clifford Jan.
sonius. County Judge I. G. Davies, A
G. Isaminger, then county auditor;
Police Court Judge Edward s. Aller
and Sheriff j. L. Kelley.
Derby, on the witness stand at the
time, said he did not remember II the
items purchased tor his office were
ordred by him or by the county audi.
tor on his behalf, but that It may
have been either way.
Defense Raps Evidence
Sullivan objected to the bills as evi.
dence, asserting that counsel want.
you to arrive at q conclusion but Of
fers nothing to base it on" He con.
tended that the bills could have moth.
ing to do with the question Of whether
the county commissioners acted IL
good faith In 1888 in renewing a con.
tract, or whether that contract was
valid.
He pointed out that George F. viii
president Of the county board in 1881
as he IS now, approved every one Of
the bills mentioned and demanded
to know why McCurdy did not &c
after all Of the old board Of county
commissioners. including Will"
McCurdy's reply was that, regard.
less Of who participated in the mat
ter the course Of conduct was wrone
and tended to show bad faith on the