The Bismarck tribune., 1934-09-05

said he mad not given OTQeTS 10 MAR.
tineson to operate the police depart
ment from his room at the Grand
Pacific hotel. that he had been un-
able TO find the chief at the station
for the last three months, despite
the fact he found Martineson at the
police station most Of the time during
Wachter's first two years as police
commissioner. He said MarttneSon
had made no report to him on closing
up gambling places.
Cross-examined again by McCurdy,
Wachter said he had expected Mar
tineson to be careful of his health for
week or so after leaving the hospital
but not for months. He admitted he
found Martineson at the station dur
ing March but that the police chief
had been absent much OF the time for
the last three months and charged
that the police force had been handi-
capped because it was ''one man short
due to Martineson's non-appearance.
Traffic Enforcement Slack
He said that during the last week
While Martineson has been suspend
ed) no cars have been marked In en-
forcement of the limited time park
ing ordinance.
Wachter stated that he had op-
posed reappointment Of Martineson
rs police commissioner. When he be-
came police commissioner, he said,
he appointed VIM. K. Ebeling. Ryder
Hamro and Vincent Kavaney as mem-
bers of the police force.
Did you ask Martineson for any
suggestions in the appointments Of
these men?" McCurdy asked.
Wachter said he had not.
"They probably didn't meet with
Martineson's approval" he stated.
"Martineson had no authority to
discharge any OF these mem"
No Authority to Discharge
II wouldn't say that" Wachter re-
torted, "he had authority to come to
any Of us, or the mayor. when any
body was not hitting the ball."
But 1t would be fair to say Mar
tineson didn't have authority to dis
charge them? He could only recon-
mend or suggest? He can't discharge
them or hold up their salaries?"
Wachter acquiesced.
"You said conditions we're better
after you wrote this letter."
For a while and then I said they
went from bad to worse"
"And you said during the last several
months you haven't been able to find
Martineson. Did you ever try to
find him?"
"They tell me his office Is In the
Grand Pacific hotel. I tried to call
him there"
McCurdy next took up accusation
that Martineson had allowed gamb-
ling to continue in the city after
Wachter's instructions to close up
certain places. He attempted to get
Wachter to name gambling joints
which he had instructed the chief
of police to raid. Wachter reluctant
ly named one.
Asked II the chief Of police had
regular hours, Wachter said they were
from 10 a. m. "and good share Of the
day." He said Martineson had been
informed OF the period In which he
was supposed to be on duty a number
of times"
Allen Takes Stand
Police Magistrate Edward 8. Allen
was the second witness called. His
office connects those Of the police de-
partment In the city hall.
In the last few months, he testified,
Martineson had not spent more than
10 to IA hours week in the office.
City Attorney Foster produced Ex-
hibit No. 2, an arrest slip. which Allen
identified. In reply to further ques-
tions, he said the person mentioned
on the slip. one Lawrence Ashcraft,
had never been brought before him on
the charge stated on the slip.
Cameron moved to strike out testi-
mony In regard to the arrest ticket
because I'VE don't know what they are
talking about. They say this and
that and we don't know what It is."
Lenhart overruled. The arrest
ticket was offered into evidence.
Cameron took up the cross-exam-
ination.
I'm general" he inquired. you are
not greatly handicapped by the chief
of police not being in the office In the
morning?"
Allen replied in the negative. 1T
has," he stated. because the other
patrolmen do not want to dispose Of
the case until the chief comes in. It
has hampered me because we couldn't
dispose Of the prisoners. Some times
they had to stay in Jail a day."
He said he had advised Martineson
to go to bed nights on account Of his
illness and 50 that he could be at the
office In the mornings.
Patr0lman Kavaney was called to
take the stand. He said he had been
appointed to the police force April I,
1888.
Shown Exhibit 2 (arrest slip for
Ashcraftl. he testified that he had
written part Of the description on the
Slip, but said the charge was not in
his writing, nor any Of the writing
thereafter.
Asked to tell Of arresting Ashcraft,
he said he had been approached by
Jack Harris and Defense Counsel
Camerons son and told that they had
seen q man forcibly drag = young
woman from the street near the In
ternational Harvester Co. across the
street. railroad tracks and toward the
Bismarck baseball park.
He said the two boys drove him ia
the baseball park. where he heard the
girl screaming on the right-of-way
near the park. Interrupting Ashcraft
he said, the latter charged him but
Kavaney succeeded in pinning him
down and chaining him. After Ash
craft was put In Jail, he said. the girl
was taken to the hospital for treat.
ment.
Ashcraft Released Next Day
Kavaney said he was never called
to testify against Ashcraft and said HI
believed the defendant was not In jai
the following day.
He testified also that he was sta.
toned by Ebeling near the Bismarck
Lumber Co. one night when lumber
thieves were expected to show up but
that he was withdrawn from suct
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