The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-29
to make the offer.

TO make the OlIer.
Mrs. Clara Mason OF Fargo, grand
jury stenographic reporter, was on
the witness stand at the time.
If the court please" said Sullivan
rising to his feet, 'at this time,
should like to make 4 statement re-
garding the transcript Of grand Jury
testimony. The record discloees that
Hample appeared before the grand
jury. ..~
1.-THE record also shows that he ap-
peared voluntarily; that he was ad-
vised Of the matter under investiga-
ton; his attitude then was to testify.
Ellis attitude hasn't changed. This
defendant Is willing to waive his con-
stitutional right, 60 on the witness
stand and permit you to examine him,
50 far as keeping within the bounds. ]"
Lanier rose to his feet.
Check and Double Check
Am I to understand that this offer
Is good for the length Of the trial?"
he asked. Am I to understand he
will appear whenever we want him?"
"Well, I'd like to have It within q
reasonable period Of time," Sullivan
replied.
Judge Andrew Miller, presiding,
asked Lanier what his objections were
to Hample taking the stand immed-
lately.
Il have several other questions,
touching upon other matters, not re-
lating to Hample, that should like
to ask" Lanier replied. ALSO, have
a couple Of witnesses I should like
to place on the stand before Hample
takes It,"
"Does that mean Hanple will ap-
pear during the afternoon" Lanier
was asked.
YES" replied the district attor-
ney.
A discussion followed as to whether
Mrs. Mason was to be excused.
IF the court will permit us q little
time," Lanier said, I'VE will arrange
to have her identify all the exhibits
now.
The court granted the government
the time desired and Mrs. Mason was
recalled to the stand.
Enters Standing Objection
Thorp entered a standing objection
to the admission OF testimony and
exhibits from the grand jury hear
ing at Fargo. He based his objec-
tions on the ground that the exhibits
were not the 'best evidence" that the
instruments offered by the govern
ment and taken from the grand Jury
hearing were prejudicial, speculative
and irrelevant; that no foundation
had been laid and that the defense
in each instance was entitled to in
spection Of the instruments for pur-
poses Of cross-examination II desired.
The court interviewed to state that
the procedure was merely prelimi.
nary examination Of the instruments.
He overruled the objection.
Thorp said, 1.-THE defense asks to
inspect these documents to determine
If we desire cross-examination."
Lanier said the government denied
the request on the grounds that they
had not yet been offered In evidence.
1T is understood" Thorp said In
addressing the court, ''that we wish
to enter standing objection to each
Of these documents"
Oscar ]. Buttedahl, editor Of 1.-THE
Leader" was called to the witness
stand at the conclusion Of the testi-
mony by Mrs. Mason.
Nine applications, signed by Gov
ernor LANCER, for Reconstruction FL
nance Corporation funds, were In
troduced Monday.
Forty-one other exhibits, original
checks representing disbursements
made by the Federal Reserve bank
through Washington sanction to the
governor also were introduced, to-
gether with four photostatic copies Of
applications, signed by LANCER, for
relief funds from the federal emer-
gency relief administration in May
1888.
Peterson's testimony was largely
routine with explanations as to how
the checks came from the national
treasury department and how the
funds In turn were disbursed for North
Dakota relief.
Testimony was furnished Monday
by only two Of more than 60 govern
ment witnesses who will be placed on
the stand before the prosecution rests.
They were Sherrard Ewing, Bronx
vile, New York, former field repre-
sentative Of the relief division Of the
Reconstruction Finance corporation
for six northwest states including
North Dakota, and Peterson.
Ewing's testimony explained the or.
ganization Of the state relief organi-
cation, headed by Governor LANCER
In the afternoon he was recalled for
croSS-examination.
The defense introduced letter