The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-09-05
DEFENSE TO ANSWER
CHARGES monday At
CONTINUED HEARING
Five Witnesses Called by City to
Substantiate lnefficiency
Allegations
QUERY THREE PATR0LMEn
Defense Counsel Seeks to Break
Down Case in Fiery Cross.
Examination
QUERY THREE PATROL MEN

After five witnesses had testified
for three hours Tuesday evening be-
fore an overflow crowd In the city
hall as the city commission presented
Us case against g. J. Martineson, sus-
pended police chief whose removal u
sought, decision was reached to re-
cess the hearing until 2 p. m. next
Monday, ct which time the defense
Is expected to present . motion. the
nature of which was not revealed.
The hearing will be resumed In
either the district court room or the
county commissioners room In the
Burleigh county courthouse.
Martineson Is charged with general
Proficiency In office, insubordina-
ton to Police Commissioner Paul A.
Wachter and the city commission,
malfeasance In office and physical
irlcapacity to perform the duties OF the
office Of chief Of police.
The five witnesses called Tuesday
evening by the city commission,
through its attorney, Charles L. Eos
ter, were Commissioner Wachter, Pc
lice Magistrate Edward 8. Allen, Night
Patrolman Vincent Kavaney, Police
Captain william r. Ebeing, who u
acting as chief Of police during Mar
til,eson's suspension, ard Motorcycle
Policeman Ryder H. Hamro. !.
Defense Request Denied
They were called In an effort to
substantiate the charges Of the COM
mission and underwent rigid cross-ex-
animation by Alfred Zuger, +. +.
McCurdy and Scott Cameron, coun-
sci for Martineson.
Testimony was launched only after
the commission had denied . request
Of defense counsel that q represent
alive citizens committee" be named
to hear testimony. weigh evidence,
prepare finding OF facts and submit
to the city commission its advisory
recommendation.
In making this request at the open
ing Of proceedings, zuger charged
that the commission was under triple
capacity: first, they are the accusers;
second, they are the prosecutors
some Of the oral testimony no doubt
will be given by members Of the city
commission: third, they are the judges
and jurors, II q comparison with court
procedure is permissible"
Zuger declared that "such . position
must be in its very nature embaras-
sing to this commission"
Commission Promises Fair Play
After q short consideration in or
adjoining room, however, A. P. Len.
hart, president Of tho commission
announced that the commission fell
that it could well fill its obligation t.
the city by conducting the hearing
itself. All members Of the commission
were present, including Lenhart
Wachter, J. B. Smith, DR.. H. 7
Perry and H. E. Spohn.
The session Tuesday night. despite
the gravity Of the case, was not with.
out its humor, induced particularly
by Cameron's repartee with Magistrate
Allen, City Attorney Foster and mem.
bers Of the commission, and laughter
rippled through the room periodically
Through the witnesses, City Attor.
ney Foster endeavored to establish
that Marttneson had spent little time
il, the police station last October
when he entered . hospital. and par.
t;cularly since last April. . month
after he had left the hospital; that
he had disregarded orders from Com.
missioner Wachter and Mayor Len.
hart; that he had failed to cooperate
with members Of the police force: thai
he had reduced the charge against one
arrested person on . charge Of assault.
ing q girl to one Of disorderly con-
duct without presenting the prisoner
before the magistrate: that he hat
failed to properly protect . local lum'
Der yard when Z visit from robberl
was expected there.
Two Exhibits Entered
Two exhibits designed to bolster thu
commissions charges were presented
during the evening.
Exhibit No. was . letter writer
by Commissioner Wachter last Marcel
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