The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-25

ply said he proposed to offer n evi
dence, but Murphy withdrew It wfe,
Noodle said the interview was owe,
the telephone and contained severa
inaccuracies, explaining that eth
boy wrote his own story"
This ended the activities Of the at
torneys at the morning session ex
cept for Francis MurphyS attemp
| to offer the additional witness, TIL
judges taking up the questioning o
Noodle and all asking for additiona
information except Justice A. q
Burr.
Justice Nuessle elected the infor'
nation that Noodle had voted u
Wahpeton. Mohall and at Crane
Forks and that he always tried Il
vote whenever the opportunity offer
ed. believing he should do so as 9
good citizen He also brought out
again that Noodle had stored hi
household goods in North Dakota ant
that they remained here while h
was employed in Minneapolis: thai
he had paid taxes at Mohall and
Wahpeton but had paid no taxes II
Minnesota.
Christianson Raises Question
A question by Judge Christensen
as to whether his return to North Da.
kota was contingent upon his getting
a newspaper In this state was answer.
ed in the affirmative. Christiansor
also established the fact that all d
the newspapers which Noodle hat
ever owned or in which he had q II.
nancial interest were in North Da'
kota, with the exception Of one al
Breckenridge, Mimi. in which he was
stakeholder for 80 days.
Asserting he wanted picture Of
your mind" when Noodle left Mo.
hall, Christianson brought out that
in discussing future plans with his
wife. they had agreed to take rest
and then buy another newspaper, the
conversation centering around posi-.
bilities at Williston. He said he had
considered the properties at Crosby
and Williston, as brought out on d.
rect examination Thursday. that
these propositions had been left op.
en- and that he left his household
goods in North Dakota for that rea-
son. He said he rejected proposals
to purchase newspapers at Sidney
Mont. and Brittin, s. D., but that
he had gone to Brittin to advise q
widow, whose publisher husband had
died, about the operation of the news
paper there. This was done at the
request of friend, he said. and nc
discussion was had as to him buying
the paper.
With the exception of the flare.up
over the attempt to introduce the ad-
ditional witness, this ended the morn
ing's proceedings.
Thursdays Examination
Thursday afternoon, with vigorous
clipped answers, Noodle was examin-
ed by his own counsel. G. ]. Murphy
of Grand Forks, and testified that he
has regarded himself as a legal rest.
dent of North Dakota for all Of thu
last 10 years.
Despite a mounting tide OF rumors
which had been circulating through.
out Bismarck, Thursdays court ses.
sion disclosed little that was new ir
the way of evidence.
The prosecution based what It callee
its ''prima facie case" on three docu.
ments, all OF which we're admitted II
evidence without objection.
They were a voting record from
Minnesota which showed that Moodi<
voted there in June and November
1890. A supplementary angle to thi.
was a record showing Mrs. Mood.
had voted in November also.
The second item was series Of ap'
plea tons for automobile licenses
made by Noodle in Minnesota dur.
ing the year and a half that he was
there.
The third was an income tax re,
port filed with the North Dakota ia,
department in 1891 in which Noodle
said he did not file a report In this
state in 1880 because he was at thai
time resident Of Minnesota.
Intent Appears Only Issue
All of these items were introduced
as bearing on the intent Of Noodle
in going to Minnesota In 1929 after
the sale of his newspaper at Mohall
admittedly the only point at issue II
the trial.
The prosecution contends tina,
Noodle. when he sold his newspaper
at Mohall and went to Minneapolis
intended to stay there and become Z
legal resident.
The defense insists that he contin.
ually intended to return to North Da.
kota and the fact that he did so i
the best proof OF that intention.
Supplementing this was the Is az
iidavits OF friends. co-workers anc
acquaintance presented In the dist.
riot court last month In connection
with the unsuccessful attempt to keeI
Noodle from taking office.
Noodle forces are pinning theil
hopes on the state law defining way.
in which residence can be changed
which says, among other things, thai
this can be done only by union o.
act and intent" Their contention l.
that. while Noodle spent q year anc
half In Minnesota. he never intend
ed to give up his North Dakota resi-
dence.
Though most OF Thursdays exam,
nation was by his own counsel. tn.
governor first was called as q witness
by his opposition to answer q few
questions regarding his leaving tn,
state after the sale OF hts newspaper
in 1929.
The makeshift witness box wa,
necessary, for the case Is rare In q,
least one point: seldom Is spoken teSti'
mony given in the supreme court. 4
has occurred only once before In tn
history Of the state. Spoken testi'
mony has never before been given II
quo warranto proceeding. court at
taches said.
Eyes moved with Noodle as h,
strobe to the chair, sat intently for,
ward waiting for the first question
Of Francis Murphy.
your name is Thomas H. Noodle? ?
Eyes SIR" replied Noodle.
"You are the respondent In thi
case?"
"Yes."
RenvilIe Editor IN -
He was asked II he were editor o
|