The Bismarck Tribune Newspaper, June 30, 1933, Page 2

\ wr |the board while he was governor. | Butver, Brainerd Called P. H. Butler, attorney of the Bank of North Dakota who on two occas- sions has served as acting manager, jand A. C. Brainerd, who has served % ‘ |in various positions in the bank, also | were called as witnesses by the state. Butler testified regarding certified irs. . copies of industrial commission reso.| ary, Gammons testified, with the ap- . E.R. Fude, 41 Years Old, tpi or ating to commission funds proval of Shafer and Kitchen he lin the bank, saying that all of the| Placed $20,000 of the military history \resolutions that he knew of, except| ‘und on c. d. in the Bank of North those relating to bond issues, were! Dakota to draw three per cent in-| Is Victim of Addison's Disease | placed in a bound file by the late ©. ___|R. Green, Colonel C. ¥. Mudgett and Mrs, E. R. Fude of Braddock died himself, who had held the office of fm a local hospital at 5:15 o'clock manager consecutively. 1 morning. She was 41 years It is possible, he said. that Green or iad . : Years vrudgett received some of these cer- ee tified copies which he did not see, bus ete hen ones ae by Addison's said he did not believe there were “10 j or a dozen” of them. since February. She had been in the ‘rhis book of certified copies, label- Ueapttel since May 8. __.., led State Exhibit 68. was offered in Mrs. Pude, who was Miss Jennevieve evidence but refused by the court on Mulvaney before her marriage, aS tne objection of defense counsel, who Be usaaee ~ ga ae atk claimed it irrelevant, incompetent and . Matt-| immaterial. Bee wan succvied Ryan ede ieee || THe Seats mnooeenea, howerer in : “\naving accented State Exhibits Nos. Rene enn eney, mover © North’ ¢9 to 75, which were pages in Exhibit Dakota in 1914, settling at Orr, Wiel’ gg, These pares were certified copies they lived for 16 years. forage of the minutes of an industrial com- SERIE ARTES: Tories tant year: |rmusnfon meeting on July 9) 1828, signed ar. yy Gammons, The minutes showe: Ea, | that the Inte Governor Serle attenehtl Mrs, Fude was a member of the) MEUDE. a ations American Legion Auxiliary, the #,0| prainard testified that when he Miers is Bitaeran Ladies’S performed certain bank transactions ial , {with Gammons relating to the sol- Lead Fe ee Aout ee |clets) bonus: fund jaseount, 1) 188) Pave eee he anton and tW0 that he had not been showed copies of sisters. Sons and daughters, all living) irqustrial commission resolutions. THE BISMARCK TRIBUNE, FRIDAY, JUNE 30, 1933~ Mrs. Gammons arranged the ni bookkeeping set-up for the soldiers’ bonus fund between July 1, 1928, and | Oct. 31, 1929, he testified. She re- ceived $175 a month for full-time work and $100 a month for part-time work. Salary from Interest To provide for Mrs. Gammons’ sal- terest per annum. He said her sal- ary was to come from -the interest accruals. When this interest became due, Gammons said, resolutions were adopted by the industrial commission authorizing him to withdraw the in- terest from.the Bank of North Da- | cota. These resolutions further di- | rected him how to expend the money. With this interest, Gammons testi- fied, he established an account in the First National Bank under title of “John Gammons, sec.” from which he made such payments as the commis- sion directed. He said he talked about these payments from this spe- cial account with members of the commission from time to time and hough he made no written account- ing of them, always covered them in his monthly reports to the commis- sion. Gammons was on the stand for 10 consecutive court hours, most of the time under rigorous cross-examina- tions by Assistant Attorney General Milton K. Higgins. Shafer testified that he had b. i; a member of the industrial commis- sion from 1923 to 1929 as attorney general and from 1929 to 1933 as gov- upon their victories in the primary,| three percent and thereby increase He thought this meeting was on July} the fund. 2 and said there might have been Recalls Some Resolutions two meetings over a period of a day} Asked if he or the commission ever or two at that time. had passed on a resolution setting up Asked if @ resolution was passed| an itemized list of claims which at this meeting authorizing the em-| should be paid by the secretary from ployment of Mrs. Gammons, Shafer] interest on state funds, the former said “No such resolution ever was] S0vernor answered that he had no re- passed by the commission at a meet-|COllection of such a resolution re- ing attended by myself.” ri pahoasg the fund pare which expen- “t haven’t ever had knowl-| ditures were to rawn to inter- edge” that Mrs, Gammona was cn est, but several of the type, were ployed .by the industrial commission,| ®@0Pted calling for expenditures Shafer replied to another question by| *7m the fund itself. Higgins. vag Kr tly oetir U the mili- He testified that he had made freq- history ‘ould have been uent visits to the industrial commiz-| Withdrawn only upon authorization sion office on the sécond floor of the| °F, direction of the adjutant general old capitol building and on occasions| (G+ Angus Fraser), Shafer testified. had seen Mrs, Gammons there, but SPReres by oe edhaaA geeteaeaa a Baie, i Sin iy idl Cer ae all vouchers presented to the adjut- ant general, the witness added. He said he had never had an; = cussions either with Gammons Aaah Bee ie onthe CARE: nae a aah if *| pressed the n that st run Wife ‘regarding pay for Mrs. Gam-| coud not legally be deposited in any bank other than the Bank of North Approached in Fall In the fall of 1928, shortly before] Asked if he could recall, between. he was oo Pee Soren Gam-/ 1926 and 1928, whether 10 or a dozen hee si peethd Bie Je regard tol resolutions had been adopted by the uring employment for Mrs. Gam~- commission authorizing the secretary mons in the motor vehicle registra-| io pay a specific number of claims’ HN a at that time, Sha-| with interest accumulations, Shafer fer tes! wal oy Le ered that she| replied that his recollection was that was unemployed. He said he had no] at the beginning of ‘the discounting recollection at this time that Gam-|or refinancing operations several re- mons had made any statements that/ solutions were adopted authorizing Mrs. Gammons had been engaged inj the secretary to pay expense items. special work for the industrial com- Probably in 1924 a mission, ‘That was about in 1924, when ma- Previous to Jan. 1, 1922, he said,| jor expense items were incurred, he he had had no knowledge that Mrs.| said. Gammons had been paid for any spe-| Asked if the commission adopted a at Braddock, are Mildred, Donald, Richard, Howard, Frederick and Gen- nevieve. Brothers and sistes in- clude A. R. Mulvaney of Emerado, who plans to move to Braddock; Matthew Mulvaney of Cloquet, Minn.; John Mulvaney and Mrs. Margaret Trick- ey, both at Knapp, Wis; and Mrs. Nellie Gibbs at St. Paul. Funeral services have been tenta- tively set for Hazelton Sunday after- noon, probably at 2 o'clock. The body will lie in state at Perry's Funeral Parlors here until time for the last rites. CONTINUED from page one’ Shafer Contradicts Gammons Testimony ‘Under cross-examination, he admit- ted that he had been busy up until the November election of that year campaigning as the Democratic gubernatorial candidate and in the re- maining two months of his term “did the best he could” in his work, tried to attend meetings of all boards of which he was a member, but said, however, that he relied considerably on the advice of the attorney general (Shafer) regarding intricate industrial He said*he had mo recollections of any specific de- commission matters. He identifed his signature or coun- ter-sienature on nine Bank of North Dakota cashier's checks which previ- lously had been submitted as state's | exhibits. | Denied Having Conversation Shafer Thursday denied that he had ever had conversation with Gammons lin regard to certain expense items | which Gammons testified he had been | paying from his separate account in the First National Bank. The former governor testified fur- ther that he understood all interest ‘accumulating on industrial commis- sion funds in the Bank of North Da- kota was being credited to the ac- |count from which it developed. | Shafer was called to the stand when the defense rested after plac- jing three witnesses on the stand— Gammons, Mrs. Gammons and Mrs. | Carrie E. McGuiness, who has been a stenographer for the industrial com- mission since 1920. Gammons has testified that he was’ authorized to hire Mrs. Gammons to do the special work on the soldiers’ bonus accounts by an industrial com- mission resolution signed late in June, 1928, by Shafer and Joseph A. Kitchen, former commissioner of agriculture and labor, two of the three members of the industrial com- mission at that time. The late Gov- ernor A. G. Sorlie, he said, was not present at the meeting at which the tails of any resolutions adopted by| resolution was signed. FOR MOST ALL USED AUTO PARTS sakes or cars ‘We have in stock hundreds of parts that are in good condition which will give good service, many are practically new. Take advantage of this opportunity to save money. We are always glad to serve you and our prices are low. For Sale—One Heavy Duty Chevrolet Truck Transmission Bismarck Auto Parts 1011 East Main Ave. Bismarck, N. D. Phone 154 WITH THE NEW ANDERSON DRAUGHT BEER COOLER: Handsome olive green cabinet of enduring furniture steel. 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Was Campaign Month Shafer replied “No” when Higgins He could remember June, 1928,] asked him if he ever nad any knowl- plainly, he said, because he was cam-|edge that interest was being with- paigning throughout the state that|drawn from the Bank of North Da- month in his race for the Republican| kota and placed in the “John Gam- gubernatorial nomination. mons, sec.” account in the First Na- He testified that he was not inj tional Bank. the city of Bismarck from June 2] He said further he had had no until the night preceding the primary| conversations with Gammons regard- election (June 25). He could remem-| ing claims paid from the separate ac- ber meeting jeyita the Lect kote count in the First National Bank, on June 2, this meeting lasting a day or two, he said. ‘The board ad- The first information he had, he said, that interest accumulations on erie Pees cae ot| State funds were being withdrawn eae & meeting Of} and disbursed separately from the the industrial commission shortly after the election and declared that/ Principle, was in the attorney gen- the late Governor Sorlie attended that meeting, saying that Borlie con-| At this point tne former governor ernor. gratulated both Kitchen and himself] flatly denied that Gammons had told him he was placing $20,000 on c. d. | in the Bank of North Dakota. Weather Report Rees ted discuss the proposi- ion of placing the fund on c¢. d., FORECAST however, Shafer said, and asked Sha- gt ie ae A re ke fer’s opinion on the plan. His ap- is) urday; | Herent reason for such a plan, the THREATENING _ Ot, much change | witness said, was to have the inter- 7 eS est increased from one per cent to kota: unsettled tonight and Saturday; not much change in cloudy tonight and Saturday; cooler central and east portions tonight and extreme southeast Satur- day. For Montana: Unsettled tonight and Saturday, probably showers extreme north portion; slightly warmer east of dit be Cares except extreme southeast portion. For Minnesota: Generally fair in south, partly cloudy in north tonight and Saturday; cooler tonight, except in extreme northwest; cooler Satur- day in extreme east and extreme south. GENERAL CONDITIONS ‘The Low has moved eastward and overlies the lower Lake region (To- ledo, Ohio 29.74); while high pres- sure appears over the north Pacific Coast. Precipitation mostly light to locally heavy has fallen at many places over the northern portion of the district. Temperatures continue high over the south and from the Lake region eastward, while temper- atures have moderated noticeably over the west. Missouri river stage at 7a. m. 65 ft. 24 hour change, -0.5 ft. Bismarck station barometer, inches: 28.17. Reduced to sea level, 29.92. PRECIPITATION REPORT For Bismarck station: Total this month to date ...... 1.84 Normal, this month to date .... 3.27 Total, January 1st to date .. sf Normal, January Ist to date 8.89 Accumulated deficiency to date .. 2.21 NORTH DAKOTA POINTS h- Low- est est Pet. BISMARCK, cldy. 58 Amenia, clear Beach, cldy. Bottineau, cl Carrington, cld; Crosby, cldy. . Devils Lake, cldy. Dickinson, Drake, cldy. .. Dunn Center, cldy. Fessenden, cldy. . Grand Forks, clear . Hankinson, clear .. Jamestown, clear . Kenmare, cldy. Larimore, peld, Lisbon, clear Max, cldy. Minot, cldy. Napoleon, cle: Oakes, :clear Parshall, cldy. Pembina, cldy. ... Sanish, cldy. . Williston, peldy. Wishek, clear .. oe SOUTH DAKOTA POINTS High- Low- est est Pet. 98 66 .00 RISSSSSBASRASLSASSESSASASS BessseessRebesssssssessess' ExpertLubrication : We have all the In. Huron, clear ..... brie, ants Pierre, clear . Rapid City, cle: Moorhead, peldy. St. Paul, Revd OUT OF STATE POINTS High- Low- est est Pet. Amarillo, Tex., cldy. 10 = .00 Boise, Idaho, Bon : 00 50 34 12 2.80 me for: ‘lyeer z payinsteverything B| Hilts tats pi, 16 x 21, Onnerrt, 21 85.25. Miles City, Mont., neldy. ‘Utah, clear . , Neb., clear. dy. BEB Salt Lake City, U., 8. S, Marie, Mich., Seattle, Wash., Sheridan, 0., clear. Sioux City, Ta., clear... Spokane, Wash., cldy... Swift Current, 8., cldy. Seussesseeesssstagassrssssasens: 2 essebeseseses: custom of paying for printing, post- age and attorney's fees out of inter- est accumulations on funds in 1927 and 1928, Shafer replied’ that ‘this custom was not adopted on vari- ous funds but said some expenses were paid out of interest on the sol- diers’ bonus fund. Prior to Jan, 1, 1933, he said, he did not know that ce: expense items were being paid by personal check by Gammons. Neither did he know of any being paid in cash or drafts. Shafer had testified that before Jan. 1, 1933, he did not know that there was such an account as that in the First National Bank for “John Gammons, sec.” when Judge Fred Jansonius the trial until 9 a. m. Friday. Testimony corroborating that of Gammons was given by Mrs. Gam- mons and Mrs. McGuiness Thursday before Shafer took the stand. Mrs. Gammons’ testimony agreed signed by Shafer, Kitchen, and Gam-/series of verbal clashes between the mons authorizing the employment of|two throughout the proceedings. Mrs, Gammons to do special work at: Another Exhibit Appears $175 per month salary. This resolu- the afternoon State’s Ex- tion was placed in the book the lat-|hibit No. 67 made its appearance. This ter part of June, 1928, she said, and|Was @ certificate on the back of a Mrs. Gammons began work July 1,|blank state voucher, which Mrs. Gam- 1928. From that time until the fol-| mons testified was similar to the cer- lowing spring, about April. 1, she|tificate on the back of the vouchers testified. Mrs. Gammons worked| Used by the industrial commission full-time. April 1 until the} While she was doing special work. fall of 1929 Gammons continued! Mrs, Gammons said her first knowl- on the job at part-time, Mrs. Mc- ’ Pa ie oe edge of Gammons’ special account in commission at that time By ‘ the state capitol fire 930. Bones of 2,000 hippopotamt by prehistoric hunters were f ® single cave in Sicily. She estimated that Mrs, Gammons, during her parttime work, had spent approximately one-third of her work- ing hours in the industrial commis- sion office. Mrs. McGuiness freq- uently made visits to Mrs. Gam- mons, bringing her material from the Office, she said. As far as she could remember, Mrs. McGuiness testified, she had enter- ed in the minute books several resolu- tions authorizing the secretary to draw certain interest funds with which to pay special items. In cross-examination, Higgins un- successfully attempted to impeach the witness, asking her questions relating te her conversations with himself and Attorney General A. J. Gronna “about two weeks ago” in the industrial com- mission office. Objections made by John F. Sullivan of Mandan, one of the defense attorneys, to several of Higgins’ questions, were upheld by the Asked if she had told the pair that she knew little of Mrs. Gammons’ work except that she had seen her call at the office, Mrs. McGuiness said she may have misunderstood the question as put to her at that time and that in her best recollection all she had said ff this respect was that Mrs. Gammons did most of her work at home. At Sullivan’s Office She admitted that she had accom- panied Mr, and Mrs. Gammons to Sullivan's office about three weeks ago, but under examination by Sulli- van she said that Sullivan had told her all he wanted to know was the facts. Sullivan asked her about the resolutions and nothing further, she testified. Asked by Sullivan how many times “these fellows” (the prosecutors) had conferred with her, Mrs. McGuiness replied “twice.” At this point the defense rested. A clash of counsel resulted immedi- ately when Higgins inquired of Sulli- van “Aren't you going to call that other witness—.” Twenty-minutes ago, a ragin; headache. Two tablets a Bayer Aspirin, and complete relief. That’s service! That’s what you can count on when you see the Bayer cross on aspirin tablets. The way eae are made gives them speed. Quick to dissolve means quick with that of Gammons in all details. 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