The Bismarck tribune., 1933-06-28
Offers Defense in
Et11bexxlen1e11t Case
GammonS Takes Witness Stand,
Explains Details of Money
Transaction
HIRED WIFE AS ACCOUNTANT
Asserts Interest on Soldiers
Fund Was Paid to Her For
Services Rendered

4aklng tne witness stand in Bur-
leigh county district court in his own
behalf Tuesday afternoon, John Gam
mons, former secretary Of the North
Dakota industrial and securities COM
missions who is charged with embez-
Element, testified that he used inter-
est on the $4,000 military history fund
to pay salary of Mrs. Gammons for
some special work she did for the in
dustrial commission.
Employment of Mrs. Gammons was
approved by two Of the three men,
bers OF the industrial commission.
former governor George F. Shafer,
then attorney general, and Joseph A.
Kitchen, then commissioner of agri-
culture and labor, the defendant said
Governor A. G. Sorlie was not pres
ent at the board meeting at which the
resolution was adopted.
Mrs. Gammons was employed from
July l, 1928, until Oct. 81, 1929, the
former secretary said, in establishing
a new bookkeeping set-up for the state
soldiers bonus fund.
Gammons, first witness for the de-
tense, took the stand after Judge Fred
Jansonius of Bismarck had overruled
a motion made by John F. Sullivan
Of Mandan, defense counsel, that the
jury be directed to return verdict of
acquittal.
Continues on Stand
Gammons continued on the stand
Wednesday forenoon and at noon
had been under examination and
cross-examination four and one
half hours.
During the morning session the
state offered 81 new exhibits in evi-
dence, only II Of which were ac-
cepted by the court. This brought
total exhibits offered to 43.
To all Of the new exhibits Sullivan
entered general objection that they
were irrelevant, immaterial and not
relating to the case being tried" They
relate to entirely different transac-
tions over a period of several years,
he told Judge Jansonius, and can
serve only to confuse the jury and
involve the records In this action.
When the exhibits were accepted
one by one by the court, Sullivan de-
manded that the defense be permit
ted to examine "for only short
time" the states accounting record.
This privilege was refused.
Sullivan said that the prosecutors
have had six months to review these
audits, upon which the new exhibits
are based, while the defendant is ex-
pected to answer Immediately, with
out investigation into the records,
the questions put to him and based
on the audit.
Offer Dosen Exhibits
During Tuesday forenoon and
afternoon the state had called six
witnesses and offered IL banking in
struments as evidence in the action
Judge Jansonius accepted 10 of the
documents but withheld decision on
the other two. Included in the exhibits
offered as evidence were Bank of
North Dakota cashiers check for 5000
issued to the secretary of the state in
dustrial commission on Aug. II, 1881
an affidavit and attached slip relat- |
ing to a Bank of North Dakota Ger
tificate Of deposit for the $4,000 mill
tary history fund, which was Destroy
ed In the state capitol fire OF Dec. 20, |
1890, Bank of North Dakota inter- |
est debit slip, showing payment Of 5000
interest on the fund, Bank Of North |
Dakota cashiers check register, show
ing payment on cashiers check Aug. !
20, 1881; First National Bank of
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