The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-12-13
r. o N T N u E n
Saws He Believes
Defendant Is Good
Man for Position

'ng contrary to law by retaining the
position Of Bar association secretary.
He testified he took the view that the
law providing compensation COM
missioner devote his entire time to
his duties did not mean "a hours a
day, but full time during office hours.
He said at no time during the period
he was governor did he find occasion
to object to Wenzel's Bar association
duties.
Well Qualified For Job
Cross-examined by Ellsworth, Mes
tos testified "there wasn't among
the lawyers Of the state to my knowl-
ledge better qualified or prepared
man than Wenzel.'
Il felt this law had been fully COM
Piled with and was confident his
work as secretary OF the Bar associ-
alton would not constitute neglect of
duty. He made good commissioner. )"
Asked by Ellsworth If he recalled a
conversation with Mcdonald III which
the former governor was said to have
expressed dissatisfaction with Wen
2el's work. Nestos said Il can't recall
any conversation of that nature"
Nestos was asked if he recalled tell
Ing Mcdonald that Wenzel had lied to
him. The witness replied that las far
as I know now did not say it,
When Ellsworth informed Nestos the
conversation with Mcdonald appar-
emily took place in 1922 instead of
1882, Nestos said he was certain then
ne did not make the statement as this
was before Wenzel was appointed. At
no time did he have the impression
Wenzel had lied to him. and there
fore believed the alleged statements
70 be in error, he said.
Questioned by Ellsworth about
Wenzel'S Bar association duties, Mes
tos said Wenzel's reelection as secre-
tary Of the association at the last
meeting in Minot was well nigh UNI
animous."
Takes Job Az Attorney
"You tried your best to Dust him"
he told Ellsworth, but the vote was
lis to z"
Ellsworth asked If it wasn't true
there was no opposition, and Nestos
replied he understood the vote for
Wenzel'S reelection was in the ma
ture Of vote Of confidence.
II did not make any effort to Dust
him." Ellsworth replied declaring the
vote referred to by Nestos was vote
on an amendment to the bylaws
which would have prevented state
official from serving as an officer Of
the Bar association.
Walker testified about an affidavit
made by John Garberick. discharged
secretary Of the minimum wage COM
mission which Is under the compen-
sation bureaus supervision.
The affadivit states Wenzel and
darberick had q personal argument
about an investigation trip for the
bureau which led to blows between
the men.
Cross-examined by Shafer, Walker
testified the affidavit was drawn by
0arberick in Gov. william Langers
office. shafer objected to entering
II as an exhibit on the ground that
the defendant was not present, and
that it Is entirely hearsay."
W6AkGT 6&IQ IdIO6I1Ck tO4Q MIN OF
the incident and he suggested Gar
berick tell the governor about it.
0arber1ck talked to the governor in
the presence Of Walker, the witness
testified. and LANCER asked that the
affidavit b made.
T1mboe testified that Weuzel fire.
Quently criticised his work and at
one time made . pass at me" dur
Ing m argument about an error on q
certain claim. He said Wenzel had
bean "unfriendly and fault finding"
and showed the same disposition to-
ward many other employees.
On cross-examination, he said he
1olt WenSel Was dissatisfied with his
work and had sent him frequent
Of criticism.
Walker Doesn't Like Him
Testimony that he sought to pro-
cure Information to be used in Wen
nel's removal WA given late Tuesday
AZ - y. Walker, chairman Of the
bupoou.
Walbsr. tsstifyins Tor the state in