The Bismarck Tribune Newspaper, May 31, 1934, Page 2

CONTI UE from page one- Former Employe Avers Erickson Signed in Blank \you had with the United States at- torney, were any promises made to you ag to any position you might re- ceive?” Sei se kas ce a no promises been le to him. Had Talked With Aarhus Hanley asked the witness if he knew Peter Aarhus and if they had talked about the case prior to his testifying. Dolve replied in the affirmative. “Did you tell him you could have @ Position in Lanier’s office if you tes- tified?” Hanley queried. Dolve said, “no.” Questioned further, Dolve said he had placed applications with the Home Owners Loan Corporatior., the Federal Lend Bank, and the St. Paul Bank for} 6°ve! Cooperatives. “And you have named among your references Lanier and Gunvaldsen?” ——____——__* | Weather Report >? FORECAST | For Bismarck and vicinity: Gen-! erally fair tonight and Friday; cooler tonight. For North Da- kota: Generally fair tonight and Friday; cooler to- n South Da- kota: Generally fair tonight and Friday; cooler to- night, much cool- er east portion; cooler Friday ex- treme southeast Poor Montana: mi 4 COOLER Generally fair to- Generally fair tonight and Friday; / warmer west portion tonight. For gee Oman. fair tee night an y, excel possi! thundershowers in east portion this afternoon or tonight; cooler tonight, except along Lake Superior and ex- treme southeast; ler Friday in south portion. GENERAL CONDITIONS The barometric pressure is low from the western Rocky Mountain eastward to the Great Lakes, with greatest depression over northern Al- berta (Edmonton 29.44). i woe peratures are unt Mississippi Valley and Plains States, but somewhat cooler weather prevails over the Rocky Mountain region. Light, scattered precipitation has oc- curred from the northern and cen- tral Plains States northwestward to the north Pacific coast, with a heavy shower at Edmonton, Alberta. North 7 vpn and Wheat Re- gion Summary For the week ending May 29, 1934. Unfavorable weather generally pre- vailed. Frosts fore part damaged crops and gardens many sections and were followed by unprecedented heat this season of year. Little precipita- tion was reported and even well - ed grain deteriorated while poorly planted suffered greatly. Pastures and ranges afford Httle feed and live- stock many sections present serious Proble! m. Bismarck station barometer, inches: 27.79. Reduced to sea level, 29.50. Missouri river stage at 7 a. m. 3. ft. 24 hour change, -0.1 ft. PRECIPITATION For Bismarck Station: Total this month to date Normal, this month to date ... Total Jan. 1 to date - Normal, January ist to date .. Accumulated deficiency to date NORTH DAKOTA rede BISMARCK, cldy. in. Beach, Carrington, cidy. Crosby, cldy. ley asked. lo sir,” Dolve replied. “Did you say that your job ceased because there was no further work or that you were discharged?” Hanley “Governor Langer informed me that the appropriations would not take care of me and asked me if I had any- thing else in view.” “You answered you had mot been discharged for cause?” “I was not informed of any cause,” Dolve said, concluding his cross ex- amination. Stenographer Is Called Miss Fredericks was called by the government. She was questioned prin- cipally about Chaput’s presence in the reception room of the governor's Oftice. “What did Chaput do?” Lanier asked. She said he opened some of the mail and attended to corres- pondence, “Do you know whether or not he drew a salary as secretary to the nor?” “I don't believe he did” “Do you recall an occasion when the governor gave you a check for $1,000 drawn on “The Leader’ account ene signed by Oscar Erickson in favor of himself?” Lanier inquired. ‘es sir,” she answered. “What were you instructed to do vith the check?” he asked. “Deposit it with the Dakota Na- ticnal Bank and Trust company,” she Balt “Did you do that?” She answered, “Yes.” “You are still employed at the gov- ernor's office. Do you know whether ‘Leader’ mail still comes to the gov- ernor’s office?” Her reply was “yes.” Asks Thorp asked Miss Frdericks only two questions in the croas-examina- ten, “All the mail doesn't come there Coes it?” “I couldn't say,” she replied. “Chaput is business manager of ‘The Leader’?” She answered in the eifirmative. In recalling E. J. Mickelsen, Valley City, the government desired to bring vut facts concerning his discharge feom the state regulatory department brought out by the defense cross-ex- amination but left unexplained. Thorp objected to his answering the question and Sinkler intervened to say that “this witness was a state employe and it t» of no concern to the government. whether he was discharged for valid ce invalid reasons.” Lanter agreed that the witness had been a state employe but said the fact was no test as to what bearing his testimony would have in the case. The court overruled the objection, _ THE BISMARCK TRIBUNE, THURSDAY, MAY 31, 1984 did you seek out northern part of the state?” Thorp asked. Conrad replied that he had gone to see Erickson at Bottineau on one oc- casion. In re-direct examination, Lanier jasked Conrad if his Bottineau meet- ing with Ericzson was not subsequent to the conference at the Patterson jhotel. Conrad said it was. “You afterwards printed ‘The Leader'?” Lanier inquired. es,” Conrad answered. For how long? Lanter asked. “About five months.” Offers Money Applications Conrad was dismissed from further testimony and Lanier told the court that he wished to have the jury ex- amine the contents of the tions for relief funds fited by Governor Langer with the federal emergency relief administration. “We have not read these exhibits,” he said pointing to the large pile of documents on the desk. “because we do not wish to take up the time here. But we would like to have the jury examine their contents.” Finance by Governor Langer Jan. 26, 1833. sum asked was $57,000 and a cancel- ed check evidencing disbursement the amount was attached to hibit. According to the langu: the application, signed by the nor, the money was to be furnish relief and work relief” distressed people of the state. tifieate that the money would for these purpeses only, signed governor, was attached. “Are all the other applications checks identical?” the court Lanier. “I think that is the case,” Lanter received by the governor for relief Purposes. ‘Wednesday's session was marked by & warning by presiding Judge Andrew Miller that he was “ anx- fous that no political elements creep into this case.” He declared that “pol- ities have no part in this trial.” His statement came after @ prosecu- tion attempt to introduce into evi- dence a photostatic copy of a news story concerning a speech made by stating that “the indictment charges @ federal offense but in the alleged conspiracy many lawful things may have been done. The testimony heremay be material to the scope of the con- spiracy, even though this particular act may not be an over act. It may be illuminating as to the conspiracy.” Lanier said he sought to establish the credibility of the witness because, under cross-examination, the defense had asked Mickelsen if he had not been discharged for failure to turn in money. Mickelsen was allowed to explain that he thought his discharge was the result of his opposition to the solicitation of employes’ salaries ler, on his own motion, ordered stricken testimony given by K. W. Simons, editor of the Pismarck Trib- Une, as irrelevant and immaterial. {Simons had testified about references og |made by the governor to “The Lead- er,” in an address at Bismarck. The 22 court held the talk was given after the date of the last overt act alleged in the indictment against Langer and cc-defendants. E. J. Conrad, publisher of the Bis- marck Capital, was then recalled to the stand as a government witness and asked whether he attended a conference in the governor's office July 10, 1933. Conrad said he did and that those Langer at a meeting in the northern section of the state. Other developments in the trial ‘Wednesday were: ‘Testimony by Arthur ‘Thompeon, su- |** perintendent of public instruction that he had been “solicited” by Gov- ernor Langer regarding “The Leader,” state administration newspaper, after ‘Thompson had refused to contribute 5 per cent of his annual salary; Would See ‘How Much’ Statements by one witness that Langer had admitted he was “going to see how much could be raised to support a newspaper” when he was questioned regarding the 5 per cent ts: ‘assessments; Assertions by Alfred Dale, state treasurer, that arrangements for pur- chase of a newspaper were made in Langer’s office; Claims by the defense through one witness, of personal bitterness by the witness against Langer. ‘As court convened Wednesday aft- ernoon, G.A.Hample resumed his testi- mony, which he had started Tuesday. “Very well, gentlemen! Mr. Ham- ple can examine the records during the recess.” Thompeon Takes Stand The minor hubbub subsided and tes- timony of a new witness began. The new witness was Arthur Thompson, superintendent of public instruction and member of the federal emergency relief committee for North Dakota. “Tn the summer of 1933 did you hear any discussion regarding estab- Mshment of a newspaper to be known as ‘The Leader’?” “Yes,” replied Thompson. “What was the discussion you heard generally about the financing of ‘The Leader’?” Thompson was not allowed to an- swer the question after the court up- held defense objections. Thompson definitely when I was solicited to pay five per cent.” ? “About the same time.” “Where?” “In the governot’s office.” “What did he say and what did you say?” Lanter ordered. “He asked me if I was with him on the paper and-I said, ‘No’ ”. ‘Talk Was About Leader “Did you know what paper he was talking about?” meant and he said see how much could be port a newspaper,” Clark said. Negotiations Continued Later, Clark testified he al meetings with the governor at the latter's home and at his office. On “But we couldn't get together.” Four days before the first edition of the Leader on July 14, 1933, Clark said he attended a meet- He was followed by Arthur Thomp- | ing son, superintendent of public instruc- tion and former member of the fed- eral emergency relief committee for North Dakota. Hample resumed the stand under cross- examination, He described methods of payment of post-dated checks which he said had been left with him and represented payments oO. E. Erickson, Sam Clark, publisher of the State Record here; J. A. Heder, an assistant attorney geneal, and State Treasurer Alfred 8. Dale. Asked whether Oscar Chaput. busi- hess manager of “The Leader,” and one of the defendants, came to the meeting, Conrad answered “no.” He said he saw Chaput in the outside office. Discussions at the meeting, Conrad testified, revolved around his option or “The Progressive,” owned by Mrs. Alfred Dale. The witness declared it was to be 4 decided at the conference whether ‘9 | 0Ption would be Minneapolis, clear Moorhesd, cldy. .. 104 68 The above record for 48 hours. WEATHER IN OTHER STATES High- Low- est est Pct. cussions?” Lanier asked, “Yes sir.” Conrad answered. Lanier inquired whether Governor Seessrseeesessssrsseesssasassssse BBssResseessseesessssshesssse33R3: ‘The eye is an organ you can't afford to neglect. ‘Dr. H. J. Wagner Optometrist Langer gave any instructions regard- ing exercising the option on “The h the participants were Erickson, it, Dale and Oscar J. Buttedahl, of “The Leader.” E.|to be made on pledges received from employes. The checks, Hample said, were not cleared through a bank, but were marked paid when he received cash equivalent to the face of the checks given by the pledged employes. Told To Produce Books Temporarily, his testimony was halted for the day, after a decision was reached to have him produce original records from which to con- tinue. “How were these checks paid?” Dis- trict Attorney P. W. Lanier queried, on re-direct examination. League campaign Paul Yeater, state employe, and one of the defendants. when Hample’s Ppoeubsez rel : Hi i i : Hi el 5 5 Usher of “The Leader,” E. J. Conrad, editor of the Capital, Alfred Dale, state treasurer, and J. A. Heder, com- merce counsel for the state railroad commission, were present. “I helped arrange the meeting,” k explained. “Later Oscar Cha- “What was paid for the paper?” Lanier questioned. “Between §400 and $500,” Dale re- plied. Dale said the money was paid by check drawn on the Bank of North ioe te put came in.” Chaput is business manager of the Leader. “The whole discussion revolved around purchase of ‘The Progressive.’ Conrad had an option on it. The gov- ernor said they were ready to exer- cise the option on ‘The Progressive.’ The governor told Chaput to exercise the ” Clark finished. The defense did not cross-examine. Tostevin Testifies Other conversations with Langer regarding publication of a newspaper were told by E. A. Tostevin, publish- er of the Mandan Pioneer. “Several weeks before ‘The Leader’ was established, I was asked to make a bid for publishing an eight-page ewspaper—about 50,000 copies,” Tos- tevin said. Tostevin said he talked to Oscar J. Buttedahl, editor of “The Leader” and Erickson regarding publication of the newspaper. “What conversation was there be- pxeen. you and Erickson?” Lanier ask- “Erickson said he'd like to see us The defense had scarcely begun its |7 7 examina the contract for the print- securing “I saw the governor in his office on |@ Monday afternoon—he seemed con; cerned about getting mailing privie itu Erickson “didn't know if it had been drawn on Dale wag closely cross-examined by JM. , associate defense coun- “Now—at the meeting on July 10, the question discussed at that time was the option would be exercised?” nley asked. “Yes,” sald Dale. “At that time Conrad held the option, signed by your wife—the “!trom Mrs. Dale, pelor Dale replied, “Yes. Conrad had obtained « bill of sale te the meeting Dale said. Subsequently, to Erickson. Dale said he had been told by Langer to attend the meeting at the Patterson hotel. Relations With Langer Queried iy close of Dale's testimony, “There is quite a bit of bitterness between you?” continued Hanley. “Well, not personal bitterness,” Dale explained, “political differences —we always say hello to each other when we see one another.” “Well, you always say something under your breath when you do that, don’t you?” Hanley retorted as he t stand. B. J. Mickelsen, of Valley City, a former state employe, was one of the final witnesses called during the day. Mickelsen described his meeting with R. A. Kinzer, former secretary of the emergency relief administration in North Dakota. “At that time was there any ques- tion regarding employes relative to the setup with regard to ‘The Leader’?” “T asked Kineer if his department ‘was getting behind ‘The Leader,’” sald Mickelsen. “What did he say?” quired. “He said the governor had asked him to get behind it, and naturally his department would get behind it,” Mickelaen said. On cross-examination, Mickelsen sald he had worked for the state until two months before he met Kinzer. He Lanier in- that by the state regulatory depart- and | ment. Dismissed From Job He was dismissed from the state He tya department, Mickelsen ad- “There was some discussion about collections you made and didn’t turn in?” Defense Attorney Thorp asked. “Yes,” Mickelsen replied. “You didn’t have a very good feel- jing toward the officers, then, did you?” Thorp said. “I had @ wonderful feeling,” Mick- elsen replied. “You were dismissed as a result of “No sir—I was not,” answered Mick- elsen, Testimony that Langer asserted he had “ ‘The Leader’” was given by K. W. 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