The Bismarck tribune., 1934-09-11
e o N TIN U E ID
Single Witness Is
Heard for Defense
In Custer Action

delivered to him by Martineson, ther
corrected himself to say he first saw
It on his desk and talked to MARITIME
son about 1t later. Allen said Mar.
tineson told him Ashcraft was to pa,
SO and forfeit his bond and that HI
made no objection. He didn't dis.
cover the erasure on the slip Until
later, he said. when Officers Kavaney
and Hamro inquired what had been
done about the rape case and the slip
was examined when Allen said he
knew Of no such case. It was at this
point that he explained what his at.
titude would have been had he known
the full facts. over objection by Scott
Cameron, defense attorney. who
charged the Judge with making a
speech.
Under cross Allen did
not recall ever talking to Martineson
about the case over the telephone
and said he did not initial the arrest
slip until later.
As presented In evidence the slip
carried his initials to attest that he
had approved the settlement with
Ashcraft.
Under examination Allen said the
practice. when prisoners are held on
felony charges. Is to refer the mat
ter to the states attorney for decision
as to prosecution but that he had not
called the Ashcraft case to the atten-
ton of the states attorney because the
charge listed on the slip was the
minor one Of disorderly conduct.
Positive Chief Handed Him Hail
He did not recall that Martineson
had told him the young woman had
refused to file complaint against her
attacker and said he feels positive"
that Martineson handed him the de-
faulted bail. not Policeman w. A..
Cleveland. He had been informed. he
said. that the damage done to the
girl had been paid for.
At this point occurred the first Of
several bright interludes in the AFTER
moons proceedings.
examination by Cameron. Allen re-
marked that he had been told that
Martineson and r. z. McCurdy,
another defense lawyer. had pre-
vailed on the girl. since the filing Of
charges against Martineson. not to
make Z complaint against Asllcraft.
He explained that he could not verify
the story, that he merely had heard
It. from Prosecutor Foster.
Cameron objected to this testimony
and H. +. O'Hare. assisting the prose-
cutor, pointed out that the defense
had opened up this line Of question:
ing itself. Thereupon Cameron Of
fered In evidence an affidavit by the
girl. taken in McCurdys office since
!, the Martineson case opened. rs long
as We are dealing In gossip"
Object TO Affidavit
Both Foster ana O'tiare objected
to the introduction Of, the document
Is being mere heresay.
Defense Attorney Alfred Zuger de.
manded with some heat ARE you
afraid to let the court see It" and
Foster answered mo" but Mayor Len
hart rejected the affidavit Is evidence
on the ground that it was neither
dated nor sworn to.
McCurdy announced that the wit.
ness Is here In court and Lenhart
said you can put her on the stand.
We're open-minded about this thing"
Bearing on charges Of neglect Of
duty, the prosecution put Acting Chief
William Ebeling on the stand to tell
about . call for the police chief from
the federal transient bureau received
at las p. m. Ebeling said he called
the Grand Pacific Hotel and the hos
pital for Martineson and left the po-
lice light on for IS minutes but got
nc response. Later. when he was in
formed by the transient bureau that
. boy was supposed to have been kid
mapped there he went out on the case
himself. Later, he said. he learned
from Policeman Cleveland that Mar
tineson was ct . home on l2th st.
He got In touch with the latter at
Ass, he said. and informed MARITIME
son that the light was on for him.
Kavaney's Cap Aired
KavaneyE cap provided . second
bi. Of comedy and brought some sharp
rejoinders from opposing counsel.
Ebeling explained that when Ka.
vaney came on the force Z cap VA
ordered for him and that It was ID
the police department two weeks be-
fore Kavaney got It. When It came
he said. Martineson put II In the bach
office. Kavaney asked for It but
Ebeling couldn't get ut 1t
Ebeling also testified that In July
after Martineson had been released
from the hospital. he was called from
kiA duty Of marking automobiles un.
der the parking ordinance to takl
Martineson to the hospital for dinnel
Ia . police car.
Cross.examiniug Ebeling. CameroC
inquired II he had discovered who had
stolen ''the boy's' cap and. when thu
answer was no" remarked "then that
still remains one Of the unsolved mys.
teries Of the Hismarck police force"
Foster made tart rejoinder: ''Therl
arc no unsolved mysteries. The chiel
solves EN- Ill" and offered. on Cam.
eron's demand. TO let the remark &
into the record II the reporter woult
note that It was sarcastic.
Other items brought out BY the de.
tense were that Martineson was mol
supposed to be on duty a hours . day
and that he might have made thl
Twelfth street call on police business
and that he has had very few vaca.
tious while serving 6 chief q police
the last one having been seven o.
eight years ago"
Kavaney Finally Get Cap
Policeman Cleveland recalled thl
delivery Of Kavaney,S cap and said 4
was IN the chiefs office and later II
the back office. He said MartinesoE
told him TO put It there and leavl
It He didn't know how long II NJ,
there o. who finally gave II to Ka.
vaney.
Explaining that he was at the sta.
ton most Of the time. Cleveland sait
Aartineson had been there only a
brief intervals since March.
On the day Of the call from thu
transient bureau. he said. he tool