The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-07
THE BISMARCK TRIBUNE THURSDAY, JUNE 1894

innocence as with guilt and Is con-
sistent with innocence.
IS. That evidence Of any and all
overt acts herein admitted performed
by either or any of the defendants II
q circumstance or as evidence tend
ing to prove conspiracy or any un.
lawful agreement is not shown tt
have been committed or performed BY
any such defendant with the knowl.
edge or approval Of the other defend.
ants or any OF them.
II. Upon the ground that upon al
the evidence In the case no verdict
could properly be found to the effect
that the defendants or either or any
Of them was or are guilty Of having
conspired to commit any offense
against the United States or to de-
fraud the United States in any man
ner or for any purpose.
g. And that upon all the evidence
introduced the jury could not prop
erly find a verdict Of guilty against
the defendants or either or any Of
them upon any ground for any rea-
son.
g. That the evidence is iasuffi-
Gent In law that the defendants OF
any or either Of them at the time or
any Of the times Of the alleged con-
spiracy or at any other time knew
that any Of those solicited from were
receiving compensation from the
United States and fails to show that
there was any conspiracy or agree
ment to solicit from any employee Of
the United States or to in any man.
ner appropriate any money or value
from the United States or defraud
the United States in any manner OF
do any purpose, and that there is no
evidence to indicate that when The
Leader was organized or at any
other time that any defendant par
ticipating In such conference con-
templated solicitation from any per-
son in a prohibited class.
10. That the evidence Is INSULT
Gent to show a corrupt motive In any
agreement as to the alleged design OF
alleged purposes Of the defendants OF
any of them.
III. The evidence Is insufficient t.
show that any OF the contributions
were involuntary.
10. That evidence Is insufficient
to show that the conspiracy alleged
in the indictment was denied into
that the evidence fails to show as t.
each defendant that such defendant
was party to the conspiracy alleged
in the mathematician as to each
defendant the evidence is insufficient
to prove that there were acts done BY
him to effect the object of the alleged
conspiracy"
Howard Taylor. Bismarck, senior
highway engineer for the U. 8. Blu
reau Of public roads. was called Ia
the stand as the afternoon session
opened. When he finished District
Attorney Lanier conferred briefly with
members Of his staff, then announced
If the court please, the government
rests
Government: Rests
The government rests" repeated
the court, and then excused the jury
until 10 a. m. Thursday to give the de-
tense time to prepare and submit
several motions this afternoon.
Taylor was asked about appropria-
tons made under the emergency relief
act of 1882 for highway building pur-
poses.
He explained there were two ap-
preparations, one for $l2OO0O, 600 fos
the regular highway system, and one
for 100000 for roads on public
lands.
OF this amount, there was allotted
to North Dakota, $685., sol, and 424,-
$50, he explained.
Asked to state the amount Of money
made available to North Dakota under
the emergency provision Of the indus.
trial recovery act Of 1888 for highway
projects in North Dakota, Taylor ties.
titled that from the main appropria.
ton OF $5804,448 there was allowed
the state for use on work relief pro.
jects 5000, 600, while $63, 1888 was grant.
ed for use on federal land projects
He was further questioned about
the amounts already paid to NORTH
Dakota, and replied in the ne!ghbor'
hood Of $4,000, 600"
What percentage OF these monies
made available under these acts &.
to labor?" He replied about 60 pc,
cent II North Dake
Taylor was then questioned whethe
the 1888 state legislature appropriated
money for highway construction.
He said the appropriation was ZAP
proximately enough" to cover main
tenance costs.
Asked II there were funds left 70
construction, Taylor answered 'pract
lcally none."
Taylor Cross Examined
Under rapid-fire cross-examina
ton by E. r. Sinkler, one Of defens
counsel, Taylor was asked numerou
questions relative to his knowledge O
disbursement OF funds, number o
) men employed on highway projects
! and details Of contracts.
How much money went for relief?
] asked Sinkler.
Il don't know" replied Taylor.
AAOW 4AANNAA W00 pau AAAAVA t4GS AGO
act to North Dakota?"
Taylor said he was unable to So
: without reference to records which h
did not have with him.
You don't know how much va
paid to North Dakota?" sinkler p,lr
: sued.
) Not exactly" Taylor replied.
| We'll, was all the money used "a
: labor?"
MOT directly-it goes to the con
tractor and gets to the laborer. 81
! though not directly"
: What date did the first none
come IMP" asked sinkler.
i Il don't know"
What date did the last none
come in2"
The last hasn't come in,s Tayls
:. replied. somewhat testify, there's stl
: more to come