BEFORE JUDGE ROSE.
Continuation of the Hospital In
The Subject of Immoralities
Brought up.—The Winess'
Statement of his Attorney as to
Why this Phase was
ID response to an order of the court,
Dr. D. S. Moore appeared before Judge
Rose Saturday to give certain testi
mony on the tin
of the hospital, in
the investigation being conducted by
tbe Publio Examiner and Attorney Gen
eral Cowan. Witness stated he had
lived in Jamestown a resident since May
1891, prior to that, from September 1888
until April 1894, at the North Dakota
Hospital for the Insane as assistant
physioian. He Btated in answer to ques
tion that he was familiar with the man
ner in which publio moneys were ex
pended through the hospital only in a
general way. The principal part of his
work was of a medical character, receiv
ing and entertaining visitors, keeping
clinical records of each case, the register
of receipt of patients, their discharge,
,'i death and disposition of remains and
suoh other general clerical work
usually belongs to the assigned duties
of the assistant physician ia the hospital
for tbe insane.
Q. Dr. While you were connected
witb the institution at any time prior or
subsequent thereto do you know of any
case or cases in which the publio money
has been eztravegantly expended in con
nection with the management of the in
A. I knew of general extravagance
arising principally from the business in
capacity and habitual carelessness of the
chief executive officers of the institution.
Specific instances it would be impossible
to give. The chief executive officers are
the superintendent ana steward. I can
not specify particular oases or instances
of extravagance owiotr to the fact that
to do so correctly it would be necessary
to have full access to all the vouchers,
books, accounts etc., during the long
years of my residence in the hospital,
and in very many iustances, probably to
get the personal testimony and remem
brance of those furnishing goods to the
institution, and those who handled them
on receipt. During my residence in the
hospital, I had very little time for any
speoial investigation into the manner in
which the finances were conducted. I
was not particularly encouraged by
either the superintendent or steward, to
devote any great attention of my time
to that branch of the executive manage
ment. In case this had been desired of
me, not being in sympathy with the
financial ideas and methods of tbe sup
erintendent, I should have cared little to
have neglected my own duties in attend
ing to affairs which were entirely within
Q. Can you state any item or account
that you deem extravagant expenditure
of publio money?
A. For the reasons given above I can
Q. Have you ever made a charge of
extravagant expendituie of publio
money through this institution specify
ing in what particular the same was ex
Witness by his counsel, objected to
the question as irrelevant and imma
terial, too general for a question asked
to refresh memory, too general for a ques
tion asked to discredit the witness.
At this paint in the proceedings wit
ness's attorney, E. W. Camp, addressed
the court. He sthted it seemed as if tbe
investigation, which had been carried on
three weeks, had been done so on rumors
and gossip, and the object seemed to be
to get ladies and gentlemen to the
asylum and pillory them as gossipers.
Facts must be discussed. If the ex
aminer were to investigate the affairs of
a bank, he would not go out on the street
for rumors and gossip, but would get
thevouohers and records and proceed
with the examination on that line.
The attorney general denied that the
investigation was to pillory gossipers,
and corrected statement aB to length of
time investigation had been in progress.
He bad no sinister purpose in asking tbe
Judge Rose stated this was not a
trial that condemned any one. The ob
ject was to prooure information, and
rumors were subjects of inquiry. At
torney Camp was right if this was a
Mr. Camp said tbe fact of a rumor
did not help to determine the truth of
it. The stute examiner overruled the
objection. Witness appeals to the judge
of the district court of the Fifth judicial
9m* district, who overrules tbe objection and
directs the witness to answer the ques
Moore, can you an
swer this question, if you choose to
A. I oannot answer the question "yes"
or "no" without some qualifying re
Court: Then you may answer the
queation in your own way.
Dr. Moore: I do not recollect ever
having made any suoh specifio charge.
If I have ever done so, the fact has now
escaped my memory. The probability
ia that prior to my resignation in May,
1894, that I made no such charge, or I
would have been required by my supe
rior officers in charge of that institution
to either retract or substantiate the
same. Since my resignation, I have
been engrossed solely ID the daily* busy
life of a general practitioner, Hnd do not
teoolleot of ever having made the aBylum
except in a general way, the object of my
remarks. I am not a gossip. Am in the
hpbit of avoiding gossipers as much as
is possible in contact with tbe every day
life of this world. It might be possible
that on some occasion 1 might have
made some specitio charge. If so, being
naturally a cautious man the probability
is that 1 must have been able to sub
btantiate it by competent evidence or
Q. Have you at the present time any
personal knowledge of a specitio extiava
through this institution?
Objected to as a repetition question
having been already answered.
Objection overruled by examiner.
Counsel of witness advises the witness
to decline t.o answer and appeals to the
judge of the district court.
Objection sustained by the court.
Q. Are you unable to state whether
you have within the past year made any
statemuut against the management of
this institution charging extravagant
expenditure of publio money?
Objected to as irrelevant and imma
terial and as a repetition. As too general
a question to be asked for tbe purpose
of refreshing memory, too general a ques
tion to be asked to test the credit of the
witness. The witness deolines to answer
tbe question and appeals to the judge of
the 5th judicial district for a ruling
upon the objection.
Tbe objeotion sustained by the court.
Q. Doctor, do you know of anything
in connection with the financial manage
ment of this institution at any time in
the past whioh you believe it Bhould be
the duty of a good citizen to bring to
the attention of the state examiner, the
board of trustees, the governor or the
public, that abuses in financial manage
ment may be thereby corrected?
A. I do not recollect anything further
than I have already stated.
Q. Was your resignation called for
when you left the hospital?
Objected to as irrelevant.
Withdraw tbe objeotion.
A. It was not. It was a purely vol
Q. iou were appointed yesterday to
tbe position of superintendent?
A. Yes, sir.
Q. During any portion of the time
that you were at the hospital were you
ever in charge of it in the absence of tbe
A. I was.
Q. When, and how long?
A. It was one summer when Dr.
Archibald was absent in Europe. I
have given so little attention to these
matters lately that I am unable to state
just when or how long.
Q. About how long?
A. About two months, I think.
Q. Daring these two months were
you euilty of any extravagant expendi
tures of money?
A. I was not, knowing it to be such.
Q. Doctor, have you ever made any
practises or abuses
existing in or about the hospital on the
part of officers or employes of the insti
The witness objects to the question as
irrelevant and wishes to submit, by the
counsel, this explanation, and desires to
state his objection.
(At this point in the testimony counsel
for witness in sustaining his objection
to the court said it was evidently the
purpose to put the witness in a»wrong
light before the state. Dr. Moore was
perfec'ly willing to go before a tribunal
of competent jurisdiction. The state
examiner knows be has no right to in
vestigate this phase of the question.
Ladies and gentlemen cannot be com
pelled to attend to substantiate state
ments, and that this proceeding was a
plain attempt to put witness in the
light of refusing to answer, and to get it
on the record to be used against him.
Attorney-Qeneral Cowan said it was
well known that charges affecting tbe
reputation of tbe hospital are in circula
tion. He offered the opportunity to
make an explanation from all who de
sired to do so. It was bad taste for
either gentlemon to object. The law
was not sufficient in this case. He was
there to conduct the examination for
the state, and not for the interests of
The publio examiner sustains the ob
jection, but offers Dr. Moore permission
to testify it he chooses.
Q. Do you know of any immoralities
or abuses in connection with the man
agement of tbe hospital?
Objected as irrelevant, and the counsel
for the witness asks to be permitted to
Objeotion sustained, and witness per
mitted to answer if he chooses so to do.
A. I will answer thus far, that if I do
know of any such immoralities that at
the proper time and place, in a com
petent legal tribunal, supported by com
petent legal and proper substantiating
testimony, all such knowledge will be
freely and gladly given to the publio.
Q. Do you refuse at this time and
place to give your knowledge on these
Witness objeots to question as irrel
Sustained and the witness may answer
if he chooses.
(Witness.) I do not choose to answer
Q. Doctor, during the time that you
were in and about that hospital, or
since, have you made any extravagant
expenditures of public money, worked
any abuse of public property, or appro
priated any of the same?
A. Not that I am aware of.
A. M. Clough, senior partner in the
Jamestown Machine shop and a resident
of the oity since '82, testified yesterday
he had furnished the hospital both labor
and material. The prices charged and
received were less than he got from in
dividuals. The expenditures of the in
stitution for his labor and services were,
in his opinion, quite tbe contrary of
extravagant. In reply to the question if
he knew of anything in connection with
tbe management of the institution that
he believed it would be the duty of a
good citizen to make publio he said
United States Deputy Revenue Col
lector G. A. Lieber, ex-trustee of the
hospital and for 15 years a resident of
Jamestown, was on the stand for a few
minutes. He frequently visited the in
stitution and examined its expenditures,
as trustee, be said, yet he was not aware
that the publio money was being ex
pended extravagantly, or of any one who
claimed to know it was. He knew of
no immoralities practiced by any one in
or about tbe institution.
Trustee J. W. Mitchell was recalled
Friday and threw a little light on tbe
hat deal of which he testified previously.
He said last August or September tbe
board was presented a bill amounting to
880 or $90, aB he remembered it, for hats.
The purchase was made by the steward
and the bill passed by the board under
certain protest. In the bill was an item
of half a dozen hats costing 824 adoz.
Trustee Mitchell objected to this item
and asked the steward to which of his
patients he was furnishing hats to that,
at retail, were worth 83 and $3.50 each.
Tbe steward said the hats were not
designed for the patients. This latter
fact was elicited by Attorney Baldwin,
counsel for Supt. Archibald, but the line
of questioning not followed up further.
The witness stated at the time that if
any more bills of that kind came before
the board, when he was a member, he
would refuse to audit them. In his
opinion there is room for improvement
at the hospital and expenditures can be
scaled down materially. Ibis opinion
was based on bis knowledge of affairs,
having been on the board since March
last. In tbe general scaling down of ex
penses he was of the opinion that the
housekeeper could be done away with.
He did not care to state anything further
along that line, probably because be bad
not given enough thought to tbe sub
ject, and this closed the questioning on
the part of the state. The witness ob
jected to answering several questions.
His counsel, Attorney Camp, advised
Mr. Mitchell to answer no questions
not propounded to him by tbe state ex
aminer or by the attorney-general, or
other attorney acting for the state ex
aminer, or by bis own counsel. Ques
tions after that were generally objected
to by tbe witness and not answered. In
reply to the question, "Was the at
tempted removal, or removal, of Supt.
Archibald done by you in the interests
of good government?" he said: "Any
action that I took regarding any matter
pertaining to the institution, I had in
mind only the best interests of the in
stitution, and am honest and consci
entious in any transaction that I have
taken." He also said that he did not
know of anyone on the board of trustees
being offered money for their votes for
the officers in any changes which may
have been contemplated.
HIS BOND APPROVED.
After the election of Dr. Moore as
superintendent and the recess taken had
expired, the board reassembled and Dr.
Moore took the oath of office his bond
was presented, signed by ti number of
leading citizens of
approved. Dr. Moore then presented
his credentials to Dr. Archibald and
made a demand for the
of the hos
pital and possession. This was refused
by ir. Archibald on the grounds that
his removal was not legal.
The board then adjourned until this
afternoon, until they could take further
aotion in this matter.
Fredrus Baldwin is acting for Dr.
Archibald ia the proceedings of the
During the investigation at the court
house the court room was well filled with
interested spectators, among them being
a dozen or more well known ladies of the
toor Water Power anil Dull Market
Blake Output Small.
MINNEAPOLIS, Jan. 17.—The output
of the Minneapolis mills last week, ac
cording to the Northwestern Miller,
was 291,490 barrels against 254,250 bar
rels the week before, and 71,990 in
1895. At Superior and Duluth 48,335
barrels were ground last week against
38,190 the previous week, and 15,365
Minneapolis—production this week
Will show a heavy decrease. Five
mills have shut down and it will prob
ably not exceed 200,000 barrels. Un
satisfactory water power power and a
quiet market have had much to do with
this curtailment. Stringency of the
money situation also has some bearing,
millers not caring to stock up at
while matters are as strained as at
Superior-Duluth—The output should
be somewhat heavier this week. Floui
is little, if any, improved and not at
all satisfactory, with the mills not cer
tain of continuing to run as at present.
The foreign situation is worse than do
CHICAGO, Jan. 17.—The Post's Wash'
ington special says: A demand having
been made informally upon President
Cleveland for an authoritative state
ment at this time upon the third term
proposition, he has given it out that
the Democracy will be entirely safe in
proceeding upon the theory that he is
not and will not he a candidate.
Two American* Arrested.
LONDON, Jan. 17.—A dispatch from
Johannesburg says that among those
arrested for complicity in the recent
outbreak are F. R. Lingham and Victor
dement, who are Americans.
Ordered Out Pool and Blllard Tables.
GRANITE FALLS, Minn., Jan. 17.—The
new city council commenced business
by cutting down the license from $1,000
to $750, and ordering ithe pool and
billiard tables and chairs out of the
saloon. There is quite" a little opposition
to this move. Two saloons have taken
out licenses, and there will likely be a
separate billiard and pool room started.
Her Affection* Worth MOO.
N. D., Jan. 18.—The
celebrated damage suit of Charles
Bladow against William Vedder, two
prominent farmers of Kichlaml county,
was settled by Vedder paying all ex
penses and $300 damages. The trial
would undoubtedly have proven inter
esting and racy. Bladow brought ac
tion to recover $10,000 from Vedder for
alienating his wife's affections.
The Charge That lie Offered to
Sell his Resignation is
Gives a Clear and Concise Ac
count of the Entire
Positively Refused to Take
any Amount for his
Trustee Halvor$Johnson was culled to
the stand Saturday p.m., and questioned
by the Attorney General as to his know
ledge of business transactions at the
hospital 'during his connection there
with. He did not know to his know
ledge of£any£abuse of property, or mis
appropriation of funds, nor could he
recollect any one who claimed such
knowledge. Concerning the charge by it.
E. Wallace that witness offered to give
his resignation on tbe board for a con
sideration of 85002 Mr. Johnson gave
tbe following sworn testimony.
Q. Did you, at any time siDce you
have been trustee of this institution, ask
for or receive or agree to take any sum
of money or thing of value for any vote
upon thejboard of trustees of this insti
A. I have not.
Q. Are youjiacquainted with R. E.
Wallace, of Jamestown?
A. I have seen him two or three
Q. When did yon last see him?
A. In the evening of tbe 9th of Janu
A. At the Capital Hotel, also in Mr.
Q. Who was present at Mr. Fuller's
A. Mr. Fuller, also myself and Mr.
Q. Any person else?
A. No, sir.
Q. Did you have any conversation
there aboutsthe payment of money to
you for your[vote in any matter that was
likely to come ^before the board of trus
tees ot this institution?
A. I had a conversation with them.
Q. State the conversation as fuliy as
A. On the 9th day cf January I left
the hospital, came down to Jamestown
and put up in the Capital Hotel. Later
in the eveningiMr. Fuller came in there
and asked me^to go up to his office. As
I was acquainted with Mr. Fuller, as I
had seen bim often at the hospital, I
looked upon bim as a friend. I went
with him up to his office entering the
first room (Mr. Wallace was there.
I was asked to go into the
back room, which I did followed by Mr.
Wallace and Fuller. After passing
around the cigars and a glass of wine,
they drew their chairs up to mine, one
on each side of me, commenced to talk
about the institution and Dr. Archibald,
Mr. Wallace saying that Dr. Archibald
was a friend of his, stated that he had
helped him when he needed a
friend, and wanted to know if I
was a friend of Archibald's. I
told him "yes," he also helped me with
money. I loaned S150 from him a
year ago. This fall it was due and he
offered to renew it. Then Mr. Fuller
and Wallace wanted to know if they
could not in any shape or manner fix it
with me eo that I give in my resignation.
I told them I thought they could not.
Then they commenced to give me an
offer. Started in with 850, later 81GC.
Mr. Wallace said to Mr. Fuller, "If you
will give him more than $100 I won't
stand the half with you. If you have a
mind to give him more it is all right."
—Mr. Fuller asked Mr. Wallace—I have
made a mistake there. When they
offered me the 9100 I just laughed out
and aaid they might just as well offer
$500. It would have the same effect on
me. Then Mr. Fuller asked Mr. Wal
lace to step into the other room. Mr.
Fuller drawed his chair nearer and
wanted to know if we could not make
the deal. I told him "no." Getting
tired, I rose up and wanted to go, when
Fuller asked me to come near up to the
light showed me a paper which was
testified by Mr. Cornwall. Then I went
up and made a jump for the door, to go
into the front room. Mr. Wallace was
there. I jumped for the other door, got
out on the street, made some long steps
for the hotel, when I was caught by the
coat tail turning around I found it was
Mr. Wallace then he grabbed me by the
arm and wanted to know if I would not
come back and close a deal. He made
an impression on me that if went back I
might have received 8500. I tore myself
away from him, got back to the bote).
He followed me up, wanted to know if 1
would not still go back. I told him "no."
Then he commenced to cuss and swear.
Q. Did you at any time offer to take
any sum of money during that conversa
tion either for your vote or resignation
as a trustee?
A. I have not.
A. G. Bartley of Magic, Pa., writes: I
feel it a duty of mine to inform you and
the publio that DeWitt's Witch Hazel
Salve cured me of a very bad case of ec
zema. It also cured my boy of a run
ning sore on his leg. Baldwin Bros.
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