The Bismarck tribune., 1934-09-11
SINGLE WITNESS IS
HEARDF0RDEFENSE
IN CUSTER ACTION
Girl in Alleged Assault Case
Says Martineson Asked
Her to Prosecute
TRIED TO SHUN. PUBLICITY
Evidence Against Police Head
Reviewed by Witnesses at
Monday Hearing


Only one witness was presented by
the defense In the case involving the
removal Of G. J. Martineson Is police
chief when the accused official was
given his inning Monday afternoon In
4 hearing before the city commits
sion.
Members Of the commission sat In
the jury box In the courtroom Of the
Burleigh county courthouse where the
hearing was held, but they also acted
as judges and ruled on the admis-
sibility Of evidence.
It had been announced that Mon
days session would be given over to
the defense but, instead. most Of the
time was taken up In the presentation
Of additional testimony by the prose-
cution. Most Of It was intended to
clarity points In the evidence pre-
sented at the previous hearing last
Wednesday night.
Both sides waived argument after
an exchange Of jibes between attor-
r:eys as to which had the strongest
case.
Case May Go 70 Court
Meanwhile, there loomed the prob
ability that the case will be taken
into district court II the commission
decides against retaining Martineson.
This was indicated by the exceptions
taken to rulings by the city commits
sion on the admission Of evidence,
noted In the same manner as In court
cases where possible appeals are con-
templated.
OFT the record, attorneys for Mar
tineson limited at this possibility and
attorneys for the city said they were
prepared to meet such action.
It also was regarded as inevitable
that further repercussions Of the
Martineson case will be heard next
April when two members Of the city
commission come up for reelection.
The expectation Is that candidates
pledged to Martineson's support Will
be entered in the election, thus bring
ing the issue to the voters Of Bis
marck.
Testify on Arrest Slip
The main testimony offered Mon
day by the prosecution revolved
around the arrest slip for Lawrence
Ashcraft, arrested by Policeman Vim
cent Kavaney on charges Of assault
and battery and attempt to rape 9
Bismarck girl. and Officer kavaney's
cap.
Most Of the points covered were
mentioned In the first hearing, but
Police Judge E. s. Allen made one
important disclosure. This was the
fact that so collected from Ashcraft
and listed as q fire was not really
. fine at all. Allen said 1t had been
listed as such in his record but that
the money had been taken from the
accused man as cash bail which ne
had Jumped" Allen said the money
was collected from Ashcraft by Mar
tineson and turned over to him BY
the chief.
He could not recall that he ever
had talked to Martineson on the tele-
phone about the case but Policeman
Ryder Hamro, under examination BY
Martinesons lawyers, said he had
heard the chief talking to Allen on
the telephone about the acceptance
Of bond.
Answering . hypothetical question.
Allen said he would not have accept
ed SO as bail had he known that
Ashcraft was charged with rape, 2
felony under the state law, Is well
as with assault and battery. The
reason, he said, was that Ashcraft, .
soldier at Fort Lincoln, had . bad
reputation in police court, having
been arrested previously on other
charges Of offenses against women.
n 1880, Allen said, Ashcraft was ar
rested but the case was not prosecut-
ed because police felt they could not
make the charge stick" In 1888
Ashcraft was arrested again, he said.
but was let off when he made .
money settlement with the girl Tor
damages.
Kavaney Describes Arrest
Kavaney, the first witness. told OF
arrestinR Ashcraft and identified the
arrest slip, No. 1907, Is that made
out BY him. He said he left It on .
desk in police headquarters. as = the
custom.
The charge was assault and battery
and attempted rape. He did not
learn that the rape charge had been
erased from the slip until two weeks
ago. he said. getting this information
from Judge Allen after he learned
Ashcraft had settled the case for SO.
Investigation at that time showed the
slip had been changed to charge only
taisorderly conduct.
Rival attorneys staged joint
Wrangle and memory test over what
Allen had testified regarding the slip
1t the previous hearing, defense law
yers demanding that Court Reporter
Cliff Jansonius refer to hts notes and
decide whether Allen had said Mar
tineson had given him the slip Or. It
had been handed him by some other
officer. The commission denied the
request.
Girl Goes to Hospital
Kavaney said Officer Hamro took
the girl to the hospital, after arrest
Ing Ashcraft and told her to cO:ne
Continued on Page Two)