The Bismarck Tribune Newspaper, June 14, 1935, Page 2

‘ a Te ee <P ne em eo CONTINUE | \from page ons: D ‘Asserts Story at Coroner’s Inquest Was Not the Truth the girl testified, she and Mrs. Gib- |! won’s two daughters had gone to bed when Mrs. Gibson awakened them, saying they would all have to go to the state's attorney's office for tthe inquest. ‘Told Pearl What to Say Miss Donis said, Pearl, the younger @aughter,-had started to cry, wanting to know what they were going to do with her and what she was going to say. According to the witness, Mrs. Gibson had replied, “You know you were awake and saw mamma half ‘way down the stairs. That's all you need to say.” “While you were at our office (Mackoff and Kellogg), did Mrs. Gibson say anything as to what you should say at the inquest?” “She told me to tell you I was awake ‘when the shot was fired and saw her go down stairs,” the girl repeated. Miss Donis further confirmed tes- timony of previous witnesses regard- ing a signalling arrangement between her brother and Mrs. Gibson while he ‘was rooming at a nearby house. When the light was flickered in Joe’s room, “Joe would sometimes come to Gib- sons and sometimes she would go to him,” she told the court. Visited Lenneville’s Office “Did you go to the postoffice some- times with Mrs. Gibson?” “Yes.” “What happened?” “She would go into Mr. (William) fenneville’s office @ lot.” “Did she say anything to you about these visits?” Starke objected to the question. Mackoff mumbled that it was to show “infidelity” and Judge McKenna @ ‘ Weather Report s FORECAST For Bismarck and vicinity: Some- ‘what unsettled tonight and Sgaturday, eel showers jaturday; some- pe warmer to- Sor North Da- kota: Somewhat unsettled tonight and Saturday, a sibly scatter showers ‘Saturday; somewhat warmer = southwest and northeast tonight and north- east Saturday; cooler extreme northwest Sat tur= Foe neral tonight and saturday; Sgly wattae ani ay; ‘warm- er extreme west cris, cooler ex: treme west Saturda: For Montana: Partly cloudy to- night and en warmer north- ‘west portion ton! For Minnesota: Gel oe is night and Saturday; ex showers in northwest day; cooler in) southeast porti ao night; somewhat warmer in north portion: Saturday. yt . GENERAL L CONDITIONS Low erred areas are Gees over the Mississippi Clinneapole 23.58) and ge ne western ky Mountain region (Salt Lake City 29.58) while a high Seas Tey ‘Moderate. Pern ant vail | a fn ell sections. sal = a ee station barometer, inches: Mis A river stage at 7's. m. 88 ft, 24 hour change, +! +04 PRECIPITATION For Bismarck seen ‘Total this month t ne . Normal, this month to date": ‘Total, January ist to date . ‘Normal, January 1st to date , Accumulated excess to date’. WESTERN NORTH DAKOTA High- Low- Williston, clear’. EASTERN NORTH ate ae est Pet. 50 04 5408 55.05 56.08 52 OL 50 05 51 00 MINNESOTA | POINTS “ee est Pet Piinneanolts, clear 10 thead, cldy. i + SOUTH DAKOTA POINTS tat eat Pet WEATHER AT OTHER POINTS High- Low- Bescsssressasssssasssssassassezsrses bebeseeehsseheassesesesueskseeesseet allowed tt to stand. The question was repeated for the witness. She replied, “Yes.” “What did she say?” “She told me not to say anything about it to Joe and Mr. Gibson— about being in Lenneville’s office.” Visits Were Frequent Mackoff asked if a Mr. Conlon ever to the Gibson home and Miss Donis replied that he had. “Often or rarely?” “Often.” “Did he come when Gibson was home?” “Never saw him there.” “How long would he stay?” “A couple of hours.” “Were they alone or were people with them?” “They were usually alone.” “Did you ever hear Mr. Gibson say anything about insurance?” The girl said that Gibson had threatened to drop his policies and that Mrs. Gibson had said he shouldn’t because “insurance was a good thing to have. ‘Mackoff asked her if Mrs. Gibson, | after her husband's death, had ever said anything to her about the shoot- ing. The girl said the defendant had told her never to mention it and had warned her against drinking when she went out evenings because she might be asked to say something about it. On one occasion, the witness testi- fied, her mother had taken her up- stairs in the Gibson home and was asking her about the night of the shooting when Mrs, Gibson called her down and warned her again not to! mention it. “Did you leave Dickinson some time ter?” “Yes.” “Where did you go?” “To Austin, Minnesota.” “Did you ask to go (with Mrs. Gibson, Joe Donis and her two daugh- ters)?” “No.” At Austin, she said, she lived with her two sisters. Mrs. Gibson, Donis and the daughters returned to Dick- inson without her. “I said I wanted to go back. She said I shouldn't,” the girl téstified. ‘Was Right-Handed Man ‘Miss Donis, said as far as she knew, Gibson was a right-handed man. “Did you ever see Mrs. Gibson give your brother money?” “Bhe bought his clothes and paid for his room.” “Where did the money come from?” “Mr. Gibson gave her money for groceries and she would charge them ‘and give him (Donis) the money.” She testified that, after Gibson's death, her brother moved into the home a few days later and slept in Warned Against Talking | that Mrs. Gibson’s room was separ- ated from the living room only by a drape over the door. Starke Cross Examines Starke began the cross-examination by asking for testimony regarding the work of the special investigator Jim Kullis, employed by Stark county. It was Kullis who secured from Miss Donis at Austin her statement of false testimony at the inquest and that she “knew Mrs. Gibson was lying.” In custody of Stark county authorities, Miss Donis subsequently lived at Jamestown where she was allegedly kidnaped by her two brothers, Joseph and Jerome, and taken to Dickinson. At Dickinson, authorities discovered her at the home of Attorney Starke. Miss Donis denied that she was in- toxicated when “picked up” at Aus- tin and taken to the sheriff’s office there where she made her statement. She further denied she had been treated brutally by the special in- vestigator. “You remember being brought to my home?” Starke inquired. yes,” Denies Telling Mrs, Starke drunk at the time of being arrested (at Austin)?” “No, I didn’t,” the girl emphatically replied. “Do you remember telling Mrs. Starke that you had to tell them or they would never let you out (of jail at Austin)?” “No, I didn’t tell her that.” “Did you remember telling Mrs. Starke that Harris (Jim Kullis) told you that Mrs. Gibson was no friend of yours?” “I didn’t tell her that.” “You were afraid of Harris?” “No, I wasn't.” “As. matter of fact, wasn’t he a pretty tough fellow?” “He was nice to me.” “Did Mr. Harris tell you he wanted to go with you after this was over?” “Well, he asked me.” Starke offered a series of letters which Miss Donis had written Mrs. Gibson while she was at Austin. The state requested a recess in which to study the exhibits. Following the re- cess, after being identified by the wit- ness as here, they were admitted into evidence without objection by the state. Starke told the jury he would not read them et this time. The defense attorney continued to hammer the girl's testimony of what Mrs, Gibson had said to her following the shooting but failed to shake her story that the defendant had told her what to say at the inquest. Nine Witnesses Thursday Nine witnesses were placed upon the stand in rapid succession by the the living room. Mackoff had her ions | show on the map of the Gibson home | up evidence showing state Thursday in its attempt to pile that Mrs. Gib- “Did you tell Mrs, Starke of being |!™Peac: son held frequent trysts with Donis when her husband was absent. As the trial went into its fifth day Friday the state had presented 16 of its approximately 40 witnesses and Kellogg said the half-way mark in the prosecution’s case had been reached. Attorney Charles Starke Said the defense had about 20 wit- |b; nesses who will testify after the State rests. Attorneys for both sides estimate the case will take at least two weeks with the possibility that it will be carried into the third. High point in Thursday’s proceed- ings came as Mrs. R. Beneke testi- fied that Donis, Jr. had left her rooming house and moved into the Gibson home two days after Gibson was shot to death. Witness Becomes Profane At another point in the Thursday afternoon session, the cross-exam- ination by the defense was met with @ burst of profanity by a witness. Dominic Weisgerber, Sr., a neigh- bor of the Gibsons and father of three sons whose testimony followed his, met Defense Attorney Al Kuh- feld’s attempt to get the witness to sh himself with “I said ee now. wr said it once. “ What the.. do you want now?” “Oh, you don’t want me to cross you up,” Kuhfeld blurted. “You know what you are supposed to say and you said it.” “T already said it,” Weisgerber re- peated. ‘The outburst came as Kuhfeld had the witness repeat his previous testi- mony under state questioning as to an occasion when, he testified, Donis had secured the key to his grand- father’s unoccupied house and had taken Mrs. Gibson there one evening. Tells of Securing Keys Speaking in a strong German ac- cent, the witness told of observing Donis ask his grandfather, Thomas Lenhardt, for the key. “I saw Mrs. Gibson sitting on the steps of old man Lenhardt’s house,” he stated, and explained after Donis Joined her there when he had pro- cured the key, that “they went in- side, pulled the curtains down and then the lights went out.” On another occasion, he said, at the Gibson home, he saw Gibson “go in the Petced door as Joe went out the east door. “Did you one occasion?” Assistant State's At- torney Mackoff asked. “About three times.” He said Donis went up the alley, “looking back at the house all the time.” At the request of the attor- ney, he traced the route taken by Donis on leaving the Gibson house. German Needs Interpreter ‘Thomas Lenhardt, an aged ae who required an interpreter, collab crated the Weisgerber statement see that on more than |. THE BISMARCK TRIBUNE, FRIDAY, JUNE 14, 1935 that his grandson had asked him for the key to his house. Carl Kositzky, Burleigh county deputy sheriff, acted as interpreter. Dominic Weisgerber, Jr., 26, testi- fied that when he and Donis were working together on the highway, Mrs. Gibson, sometimes accompanied by her daughter, brought Donis his lunch daily. Two youths, both 17, who used to play ball in a vacant lot near the Gibson home, told of window peep- ing in 1932 when Donis was at the place. Joe Weisgerber said he “couldn't remember” whether he saw Mrs. Gibson with Donis in the liv- ing room into which they peered. George Ulschek, Mandan, formerly of Dickinson, said he saw Mrs. Gib- son and Donis “playfully pushing each other around.” “Did you see anything else?” ‘Arms Around Each Other “Yes, I saw them sitting on the couch, They had their arms around each other.” Neither Ulschek nor young Weis- gerber was cross-examined. A fourth Weisgerber, John, 23, testified he saw Donis and Mrs. Gib- son riding together after she had taken her husband to the postoffice. One of the day’s principal wit- nesses for the state, Mrs, Beneke, told the court that Donis moved out of her rooming house and into the Gib- son home two days after the mail carrier's death. Before that, she said the defendant frequently met Donis at night. Previous testimony by state witnesses had brought out that Donis signalled Mrs. Gibson with the lights of his room to arrange meet- ings. Mrs. Beneke said Mrs. Gibson drove up to her house with dimmed lights and “Joe came right down.” He ‘occupied the northeast room, she said, the window of which could be seen from Gibsons. . Always Wanted Same Room “Did he ever occupy any other Kellogg inquired. “Yes,” at that time?” “Yes,” did he do?” “He wanted to move back in.” Gibson home during the day?” “He always went that way.” “How often?” “Whenever he wasn’t working.” “You took care of Doris’ room?” “Yes,” room?” Mrs, Gibson Cared for Him “About half way. down.” “Was “it any different when you went in to take care of the room?” iene up at the top every morn- z.” “Which window?” “The east window.” Peg there another window?” “Yes,” “Was that shade up or down?” “Down.” Mrs. Beneke related that, at one time when Donis was ill, Mrs. Gibson came to Donis’ room “almost every day.” Attended Him When Ill “She brought things for him to eat and changed the bed clothes,” the rooming house operator said. Defense Attorney Charles Starke cross-examined Mrs. Beneke briefly. “These visits in the day-time were made openly and everybody in the neighborhood knew about them?” inquired, “Yes.” “There was no secret nee visits, either?” “No,” about these There are 15 per cent more earth. est away. The 4 7 Top 0 M. B. GILMAN COMPANY Every Friday at 8:30 p. m. (CST), Station KFYR, Rad * STARRING * * JOE COOK with B A. ROLFE and GOODRICH SILVERT& ORCHESTRA the >WN Bismarck, N. Dak. Toom?” Btate’s Attorney Theodore “Was the northeast room occupied “When the room was a what “Do you know if Joe went to the How did you keep the shade in the quakes when the moon is nearest the earth than there are wher it is farth- LONG SEEKS CHANGE IN SOCIAL MEASURE Louisianan Recovers From Ef- fects of Filibuster; Ready to Start More Trouble Washington, June 14.—(#)—After sleeping off the effects of his anti- NRA filibuster, Senator Long (Dem., La.), strutted forth Friday bent on giving the Roosevelt administration further trouble by secking to “strengthen” its social security bill. @ trace of hoarseness in his voice betrayed the strain of the 15%- hour speech he had made in an un- successful effort to kill the bill pre- serving a remnant of NRA. Greeting reporters, he unfolded his eae Plans and denied that he had been served “spiked” eggnogs during the all-night filibuster that ended Thursday morning. Declaring that he has been “on the Wagon” for 19 months, he lectured the Teporters thus: “Never drink or smoke if you you want to keep fit. I’ve lost 30 pounds since I quit smoking. Be careful of what you eat, too.” As for social security, which was the meant’ eublct fo for debate cian Long “I'm going to try to have ‘the a provisions changed, so that the money will come from the holders of great wealth instead of from the laboring man and state governments.” 11 Are Injured in Omaha Strike Riots ~ Omaha, June 14.—(®)—Rioters in- jured 11 persons, looted a grocery, damaged street cars and battered? police squad cars before order wes:. restored by the police with tear gas and riot guns in a renewal of dis- orders ‘incident to the two’ months old street car strike in South Omahe. ‘The police estimated that @ mob of ,, 2,000 sympathizers took part in the riots. Similar disorders’ Thursday resulted in four injured, three shot and hundreds, including a six-month old infant, gassed. 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