The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-04-06

1S1actory 1t the present time.
Wexford also declared that In his
opinion the defense failed to prove
Olson had not paid salaries Of certain
highway employees In excess Of statu-
tory provisions.
Early in the hearing, Wexford made
It plain that I'VE do not want . huge
crowd In here" when Charles L. Crum
raised the question as to whether the
hearing would be opened to the gen.
eral public.
One OF the first clashes between
opposing counsel came when defense
attorneys attempted to call the act.
iEg governor Is their witness and In
sisted that he be placed under oath.
There Is no statute covering such
a claim" verret insisted. lies act
ing in his official capacity Is governor.
He's under his oath Is governor"
Demand Governor Re Sworn
I'VE demand the governor be sworn
and testify" G. Liebert Crum de-
clared. wexford broke in with the
explanation. II don't object to any
question. I don't see why I should
be sworn-I've sworn to uphold my
duty"
The younger Crum hastily explain
ed this Is no reflection on you in
any way. We think that In the order
ly course, you should be sworn"
Satire, who had been sitting to
one side. suddenly asked the chief
executive, ARE you asking my ad-
vice?"
well. suppose I should ask" re-
Piled Wexford.
Then I'm advising you that you
do not have to be sworn. You're act
ing in your official capacity" opined
Satire.
II consider it an insult to the gov
ernor," asserted Verret. To Crums
I'VE disclaim any such intent" Satire
replied this request Is not made In
good faith but for the purpose Of
placing the governor in an embar.
RAISING position. My advice to the
governor Is that he not comply"
Wexford again interjected with "a
the presiding officer, ! can't see why
I should be sworn"
Then I understand you refuse tx
be sworn?" the elder Crum pressed.
Eyes," said Wexford.
Claim Proceeding Nulltfied
A few seconds later, an attempt By
defense counsel to establish Welford''
whereabouts to sustain the contention
that the custer action was void ant
ILLEGAL because Wexford was out o.
the state ut the time It was started
again precipitated wrangle between
attorneys.
"Where were you March Is, 1885,
asked the elder Crum.
II object" Verret interrupted =
believe this is immaterial-all eight
Answer It,"
Wleford replied uncertainty.
"As . matter Of fact, you left tn
state March Is about noon?"
Eyes,"
and went east2"
EYES,"
"when did you arrive ct Moor
head?"
Wexford said he did not recall. III
said he arrived ION the regular SEIZED
lle."
/ "You were in Minnesota the mex
day-you were out Of the slater"
"Oh, undoubtedly" said Wexford
Satire broke In with the question
"you remember I called on you at tn
ticket office - you recall you stgne'
1.-THE papers In my presence?"
l SSvy>~ s>>>us>~a vRY~0Fo~<a
Defense attorneys again objected o.
the grounds 1t was an attempt +
charge . written instrument. TIL
quiz went on.
You Don't Have to Say
The elder Crum asked Welfor
who made these complaints?" an
again met objections from verret
who told the acting governor, you d
not have to say who made the com
|plaints."
Immediately, the elder Crun
launched into q claim that under tn
general rule the defendant always ha
had the right-the absolute right
know who his accusers are and t
face them on the witness stand.
Maybe they belong to . politics
gang that Is trying to wreck the high
way department. We don't kno'
what their motives are. We ma
want to show that there Is . conspir
acy to get control Of the highway de
partment. We feel like we're IN q
ambush"
| In reply, Satire challenged Cruz
to point II he can to any language 1
the complaint supporting his claim 9
q conspiracy. / reiterate this u .
for the purpose Of placing the COVER
nor in an embarrassing position
; Satire maintained the ''only thing
we can see to discredit" were the let
ter from Macdonald. copies Of wal
rants issued by the state auditors Of
flee to employees Of the state highwa
department, and . copy Of . lette
written by Olson to division head
asking for . feed survey.
Olson specifically Is charged wit
failure to maintain the highway
paying salaries to certain employs
In excess Of statutory provisions. usin
. highway employees to make . fee
survey.
II Go Into Night Session
Il Four hours after the hearing swun
Into its opening, attorneys stu wei
arguing various points. with 20 vii
. nesses still to be heard. The heariu
was continued into the night.
The younger Crum resumed cross
, examination Of Wexford. asking ID
you ever receive any other commun1
! cation from MacDonald?"
!. Over the objections Of verret. We
ford replied I'VE admit . letter cam
iu-yes."
"Isn't It true that that letter sai
Macdonald had received cooperate
. from Olson-and his first letter VI
not to be construed Is desiring ii
removal Of Olson?"
"Well-should I answer thAti
Wexford asked, turning to Satire.
Satire replied Wexford could perm
defense counsel TO introduce any ev
dence he had.
Wexford explained the second lett
did not withdraw the original char1
y A,a AhaS~