The Bismarck tribune., 1934-09-05
- N TIN u E II
~ fro.n page one
Defense to Answer
Charges Monday at
Continued Hearing

+, Martineson, In which the commlS
s:oner listed several phases OF police
laxity and requested the police chic
t. bend efforts to correct the situa
ton. He said he wrote the letter t
save time. charging when he talked K
Martineson that the latter continually
changed the subject. Under cross-ex
animation. the commissioner said th'
latter procedure might have beef
suggested by the police chief.
Exhibit No. was an arrest slir
originally made out BY Patrolmar
Kavaney. charging one Lawrence
Ashcraft with assaulting a young
woman In the city.
Testimony brought cut that this
charge was reduced 70 one Of disor-
derly conduct before the slip reached
Magistrate Allen and that Ashcraft
had been released upon payment Of 9
small fine before the case was brought
to the magistrates attention.
Seek to Nullify Charges
Throughout the cross examination
counsel for the defense sought to es-
tablisa that though Martineson. be-
cause OF hts illness, had moved his
headquarters from the police sta
tion to his room in the Grand Pacific
hotel, nevertheless he had been sub
ject to call by policemen there at
practically all hours Of cay and night
that he had given instructions to his
men and had even assisted them In
raids and arrests.
Defense counsel also sought to es-
tablish through cross-examinatior
that police laxity developed after the
appointment Of men to the police
force not approved by Msrtineson. The
three officers who testified said that
O, dinances had been enforced to the
best of their ability in view Of the
fact that the force was 'one man
Short due to the incaracity or non
appearance of the police chief for the
last three or more months.
The first witness called was Police
Commissioner Wachter after reading
Of the formal charges had been waived
Zuger halted proceedings for the
moment to ask for bill of particulars
He said the complaint was too gen.
eral.
Foster replied, "let the records show
the request denied. It has been
agreed between counsels in the event
anything develops that the matter will
be continued until such time as
further testimony and witnesses may
be produced II desired"
Wachtcr Begins Testimony
Wachter began his testimony.
During the past three or more
months have you given orders to the
chief Of police?"
Wachter said he had. He said he
had written letter to Martineson
containing orders and had also given
him verbal instructions in regard to
certain police matters.
Wachter charged that the ineffic-
iency in the police department had
grown steadily worse since MARITIME
son left the hospital In March.
His letter to Martineson was pro-
duced.
Wachter testified that he had given
Martineson verbal orders similar to
the written orders in the letter "at
various times"
Did Not Act on Orders
"Not to my knowledge" was his re-
ply when Foster inquired if Maritime
son had done anything in response to
the orders.
Regarding specific conversations
Wachter cited an incident In which he
took up with Martineson the matter
Of answering the police light. The
light was not being answered prompt
~, the delay being from half-hour
to an hour in most cases, Wachter
said. He said he had checked the chief
thereafter on answering the light and
found in few instances he had
answered promptly but in other cases
tardily.
The commissioner also said he had
instructed the police chief to enforce
traffic ordinances more strictly. par
ticulacly speeding, violating stop signs
double and improper parking.
He also testified he had instructed
Martineson to close gambling Joints
up, though he didn't specify. mot to
my knowledge" was his reply when
asked by Foster If Martineson had
followed this order.
The commissioner said he had made
probably Is visits to the police station
in recent weeks but had not seer
Martineson there on any visit.
Had Argument Over Pay
Wachter testified that the city com.
mission and Martineson had had ar
argument over pay and compensation
for the chiefs stay in the hospita
shortly after Martineson was released
With objections by defense counse
over-ruled, Wachter said Martinesor
had been paid his full salary OF $l7(
per month during his stay In thu
hospital and that the commission fell
that compensation received by thu
chief from the state workmen's com.
pensation bureau should be returned
to the city in order that premium
would not be placed on illness.
From that time on, Wachter said
Martineson adopted the attitude "tha
he was going to show us what wa!
what In regard to running the polio,
force"
Much Of the testimony was admitte,
into the record over objections o
defense counsel, President Lenhar
over-ruling defense counsel.
Cross-examined by McCurdy, Wach
ter said he had not seen Martineso,
in person in long time.
Asked If he did not think it wa
more appropriate for the arrestin
officer than tho chief to appear witt
prisoners before the magistrate t
answer charges, Wachter said it wa
customary for the chief to appear
since a full report on cases was mad
to him and often the erresting office
was off duty atd asleep.
! Asked II Mtt'nes0n didn't pay to