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\ vou under financial obliga-1
ion> to any member of ilu* mac sbalV oflic*-' (Objection and ruling). y 111 ask you i! it isn't a fact tti.it either Ml Millet the chief; deputy. 01 Mi Krwin. th*- marshal ol -hi> division that you're indebted to (1..-IH or one of them for fifteen hundred dollars and have a more gate upon your house ' (Objection • and ruling) y inn said you inferred ih*-i.-| v. is a tet-iing existing between Mi i i-K'-y ami tin marshal's olDce. you J know that as a maltei ol fact, don t I ... i. M. Thompson ‘ iobjection ami a r gument) y in the controversy with Mi I ask- y and wln-n 1 say youi coil .v*■ isv 1 mean tin- News Miner against l'h- citizen since the News Millet has made peace with some ,.f tin- officials it used to take a fall out of uoi vi ry long ago, you have had ui pursued a policy of anUtgo nism and criticism and censure of Th- Citizen which has to a greatei l.-s- extent been suggested and vouched lor and backed up by soni* , ; (best- same officials, have you not" (Objection). A 1 would be glad to answer ( Ruling) Q One of ili** policies of your pa per within rerent months, Mr Thomp <on. ha r> been the pollc\. such a policy* as encouraged such a policy itm far as those of the* federal otll cial.s who are in control of patronage, t <) s e e tli.it you got nil the patronage j and 1 say you, 1 mean the News Miner and to see that Brother fas k- . didn't get any. isn't that true? A No. sir. (Objection and argu men!). 1 would like to answer them all. Q It .'.in* that government oun -el ,.nd the court won't b-t us In to. most oi the monei received to. advertising and •<> forth from tan ..mice you have go. it. haven’t iii' (Objection and argument). A : don't know (Objection and m - oti to strike). q n'uw. Mi Thomp .on. you have ).. • ..oil stated betot ■•. been en put"'i m the newspaper business quite some time a Quite some time (J And you have generally tell i outsell capable and competent to In., your own row and protect your .-ell ' A Ye* Q. And you have not made it a practice wli.-n >ou got hark a little of that you were giving, to com mence criminal prosecutions, have you ’ A 1 have been giving nothing ot that kind no slander <j You have generally taken your medicine and tought back? (objec tion and argument). I understand you to mean by that answer you hadn't commenced suits for libel whenever you had difficulty—-that what you meant? A Yes No, I haven’t given back that sort ol argument, slander and libel. Q My question was directed to this point You had taken care of such matters in your editorial col umns rather than in the criminal courts? A 1 couldn't imagine any allega tion except graft in patriotic mat ters that 1 would appeal to the court. Q. You for a good many years have been running a paper in Fair banks and have had some opposition at all times" A. Always. Q But isn't it true that up until right recently, since a young man by the name of Carlton Fitchett came in here, you never felt you had any opposition on the editorial staff of the opposition that you need be afraid of? (Objection and rul ing). And isn't it true that the rea son that you have now come to the criminal courts instead of fighting your own battles is because you realize you’re up against a man that can sling the ink as fast as you can? A. No, sir. Q That’s not true? A No, sir. 0 That’s all. He-Utrect txaminaiion iny mr. rraui Q Mr. Marquam questioned you in i'Kuril to your motives in bring ing u criminal prosecution instead of replying in \otir paper to this article? A The Citizen precluded any re ply uf mine by publishing the state meat that if 1 did reply the people wouldn't believe me And my motive in bringing it was to put on record everything connected with this trans action in which the armory was bought, instead of letting the slan dei g,. it would always be a part of the official records, not be al lowed to run on us other slanders have in town year after year be cause a man felt it beneath his dig nity to reply, until those slanders, -tart'd long years ago. it might have been though entirely slanderous, would stand as true as man would have to do This cumulative repeti tion is i very hard matter to prove that he had been slandered and that wliat le- complains of wasn't tin- truth g In othn words, you wanted the people of this community to see thi transaction and . feat vourself of gralt charges? A Yes, sir. that's the idea I had; to show who bought it, who sold it, and that none ol the money could possibly have gotten to me g Now. Mr Thompson. Mr Mai quaiti questioned you about the iirsi dance given by tile Loyal League, and on that question you said you printed the tickets free'' A Yes, sir g How did you. were you one of the subscribers towards the fund to purchase the armory ' A Why. yes, 1 took some I was getting all the money 1 could to Mr. Wood, and I took some stock in it in my oldest boy's name, and 1 gut in more money to him i believe than 1 thought I did, and he has stock there to both myself and my oldest son. although 1 expect to take it in the boy's name; 1 thought he Would live to get tile benefit ol it better than I would Q You divided the money between yourself and your boy Mr Wood didn A Yes, the boy diiiu't know it. Q. Well, now, you paid Dick Wood cash for whatever he has down for either you or your boy? A. Yes, sir. Q Out ot your own pocket' A Yes, sir. Q. Now what was the agreement about the money as to whether it was to be a private hull or as to whether i' was to belong to lilt public when paid for? A The decision oi tin executive committee and of those subscribers to the fund in tile executive com mittee, that it couldn't be anything else but a public building forever, that when tile men who had sub scribed tlie money, it it continued to be rented and it it did become a money maker, they got back their money, those of them who wanted it without interest, and it should be turned over to the city to be a i public building forever. Q, Now how many -the Fairbanks Band, did it take any stock'.’ A. it took fifty dollars' stock in it, it is their home: it is their home for practice and they give dances and the tent free, it is rent free for evei-v public purpose. Q. For every public purpose? A. Yes, sit; the Commercial club and the Agricultural Association and the Red Cross meet there. Q. Anil no rental charged for ii A. No rental could be charged tor it. Nobody could use it who should pay rein. Q. And the rent coming from the territory is applied to the mortgage? A. To reduce the mortgage, yes. Q. Now the dances the band gave, to whom did that money go? A It went to the band entirely, no; a cent to the association. Q. And how many dances has the Loyal League given" A. Two. Q. And the money from these, where did that go to? A. There was a misunderstanding in the executive committee of the league. The secretary evidently thought that the trustee and the committee that handled, the purchase of this armory, they expected to give two dances, they figured they couldn’t give any more—the first in June and the other in July—a patri otic dance—and they thought they would get enough to clear the mort gage, but there was evidently a misunderstanding on the part of the secretary and some of the execu tive committee, because they named a committee of league members to handle this first dance and they handled it, and instead of turning any profits over to Mr. Wood, the trustee of the association, they turn ed it over to Mr. Clark, the secre tary of the league, and he paid thv premium out of the dunce Q On the insurance? A. Yes, sir, and the rest of th> money to pay the expenses of the league itself, telegrams and expen ditures the league had -none of that got to Mr. Wood. Q In advertising these dances, did you advertise free of charge? A I advertised free of charge. I had to reprint the tickets. 1 have done all the printing, 1 believe, tor the Loyal League, all the certifi cates, all the papers for men to take the census and for the prelimi nary organization of the Agricultural Association and for the league it self, and seven hundred badges for the Red Cross, and 1 have never got any pay for any of that or charged anything for that. There was a three or four dollar Job bill that they asked us to turn in a bill for, that I don't know whether wife did or not. 1 know we never got any thing hack On the reprinting of the ticket* mi the first dance I charged ten dollars that's alt I got Q Oot ten dollars for reprinting *be tickets* tor the second dance* \ Tie second dance- the first dance wasn’t pulled off. ij indn't charge anything udver Using free" V \ e-., sir. certificates ot mem b'tshtp and everything of the kind 1 telegraphed for Loyal League but ton-, telegram for the buttons and express, and they sold them at twen ty five cents apiece and when Mr i lark go' the money hack for the buttons, the cost ot the telegram () The actual cash? A Yes sir Just what 1 paid out q And the profit went Into the l/oyal League? A Profit went all to the Loyal League. ft.-Pni«s Lxaiulnatioii (By Mi Mar qua in) y 1 overlooked a few questions on cross examination. I see in the article introduced in evidence you speak about building a ten thousand dollar home lately Has business ly • n good recently ' (Objection and argument) Are you a citizen of the United States" A Yes, sir. Q Naturalized or native? A Yes. sir Native and then nat uralized. Q You became a British subject at what time, Mr. Thompson? A In 190?) or I in the Congdon light; 1 was running a paper in Dawson (J Weren't you naturalized before that? A No, sir, in Dawson. U At Dawson.’ A Yes, sir. Q For how many years wen- you h citizen of that country? A Why 1 was -let’s see 1903 1 lived in Canada twelve years. Q After that'.’ A No. 1 lived in Canada twelve years and 1 think 1 was naturalized citizen of Canada twelve years; that is, I didn't take out my papers un til about eight years after I went to Canada, and i didn’t finish tail ing out my papers here until about eight O! nine years after I came hero. 1 took out my first papers her-- as soon as 1 got down here. Q. Then you have got your second papers ? A 1 got them later. Q Do you remember when? A I think it was the first of March, rail) days of March, 191G Q You knew, Mr. Thompson, that rf..i' article which has been r- b-rred to in The Citizen was an a---ver to i:r article which you wrote or an editorial which you wrote in the New- Miner the previous day? A 1 couldn’t see it was any hu sh i at all, I knew ii was the re sult of it. q Tlie article in which you charge Mi Caskey or The Citizen, ever since tie- war had come to America the News-Minor had done everything to support the government and The Citizen hud opposed every proposi tion'.' A. Yes, sir. Q. And you know as a matter of laet that the article of tin- next morning, that was a reply? A. 1 didn’t consider it, no sir; but I knew it was meant that way. Re-Direct Examination (By Mr. Pratt) Q, Mr. Marquam questioned you about your citizenship; at what time did you say you became a Canadian? A. In ninety-three or ninety-four I think, I’m not absolutely certain. Q. You mean nineteen three or four -or ninety-three? A. Nineteen hundred and three or four f’m not sure, it was during the Congdon campaign. Q. That’s the time a number of Americans became Canadians? A. Yes, sir. Q. Including Mr. Caskey? Mr. Caskey l beg your pardon, that isn’t true. (Discussion). Mr. Pratt—And then you came down here when? A. Nineteen six. Q. And look out your papers then? A Yes sir. as soon as 1 could; you iiave to be here some time. Q. Then you took out > our last papers in A. in 1915. March. Re-Cross Examination (L3y Mr. Mar quam) Q. Where do you do your banking, Mr. Thompson? A. American Bank of Alaska. Q Altogether. A. Never had anything on deposit anywhere else. Cecil H. Clegg, being first duly sworn, testified as follows on Direct Examination (By Mr. Pratt) Q Mr. Clegg, are you an official of the Loyal League ol Fairbanks? A Yes, sir. Q What is your office? A I was elected president. Q And you still are the president, 1 believe’ A Yes, sir. Q Are you acquainted with W. F Thompson' A Yes, sir Q Were you president of the larval League ever since its organisation? A Yes. sir y When was it organized. Mr | C’legg I \ 1 think about the fifth or sixth of April thereabouts last. y You're familiar with the pur chase of the armory, are you? A Yes, .1- president of the orga n.zation 1 am in a general way: I didn't conduct the negotiations my self. y Well, who first suggested or. in the first plare. why did you want . ♦>»*. armor'.1 I A Well, we had held a meeting lor two in the Auditorium, which was donated for that purpose, but | there was considerable expense at tached to it, and we saw or thought we saw a need ior a public hall, not only for the purposes of the Loyal League but for kindred organi zations, as the women were contem plating organizing the Woman's League and the Band had assisted us in the meetings already held, and they wanted a place to practice. ; And in talking of the possibility of organizing a military company, it was the consensus of opinion of the : executive they ought to have a hull i I to drill in, that was an absolute ne i cessity. So we bent our efforts at j ' first towards securing a hall We j tried to get some of the warehouses | : at first, investigated the possibility j of getting them and getting their use free, but there are various ob stacles in the way. although they j were freely tendered by the owners. , And finally they decided to purchase ! some building, and I think a com- j mittee was appointed to investigate , what buildings were available and 1 to report to the executive what was j done, and the only available building j was Gordon's rink. Q. Do you remember who was on that committee? A. 1 think it was left to Mr. Cole man and Mi'. Wood and Mr. Thomp son: Mr. Coleman was president of the finance committee and 1 think that committee was entrusted with the undertaking. Q. Well, now then, after you con cidered the purchase of the link, did you inquire any into the pur chase price? A. Yes, tilts committee had se cured from Mr, Gordon 1 think a written proposition stating wliat he would sell lor and under what con ditions, and when they secured that then the Loyal League committee executive undertook to make serious effort to raise the money, and at the last meeting ot the executive when this committee finally reported, i think somebody on the committee suggested that the governor had giv en som<‘ territorial moneys ror pur poses ol defense, and that the Loyal League might secure a portion of that money for the purpose ol pur chasing a hall, so we wired to the governor asking about the possibili ty of getting any money lot that purpose and he answered in the wire saying he couldn't authorize the pur chase or subscribe to the purchase, but that he would pay a reasonable rental. And when that telegram ar rived I myself initiated a proposi tion ol' floating a list to be submit ted to various citizens who thought probably they could afford to do nate a hall for that purpose or do nate something towards the purchase of the hall, and with that temporary list Mr. Thompson was furnished and he was asked to interview these various people whose names I put down and he went around a day or so and reported he could get pos sibly thirty-five hundred dolars or foui thousand dollars almost imme diately. So we had an executive meeting shortly afterwards and we decided the money should be raised in that way, and we should leave the money with Mr. Wood and he should make final arrangements with Mr. Gordon and see that the prop erty and title was clear and so forth, and so the money was handed in to Mr. Wood by these people who subscribed 1 think the greater part, and some of it possibly to Mr. Thomp son. Q. The list of subscribers was pub lished as they subscribed, was it not? A. I think so. Q. And after the armory was pur chased, what was the plan o! its use? A. The plan was, any public orga nization outside of religious institu tions could have the use of it free at all times; the Red Cross, the Band, and the Farmer’s Institute or agricultural society and anything of that kind, or organization of public kind that wanted the ball could have It free. Q And this rent that was gotten from the territory—or has any been gotten ? A. Well, if it has—there had been no rent received up to some time ago, 1 haven’t followed it up- Mr. Wood could tell you. Q If any rent was received, what would that be applied on" A To the running expenses and the lawneni of the mortgage if (here was any left Q And If the mortgage gets paid up or money comes in, bow is that applied? A Any money? Q Yes. if the tnortguge is paid’ A Well, I haven't any Idea There are no details worked out as to how it shall be conducted y Any contributors to get any oi the money? A No; they all understand, I think, it is purely a donation on their part, and there are no strings to it on their part a*4 far as ! Wnnw Q Is the hall ever to be a private hall or for private uses? A No, sir, that was never contem plated; a public hull so long as the war lasts, and after that for public meetings. y General town hall? A. Y'es; 1 think it was talk.-d of turning the hall over to the towTn or the territory as soon as paid for, either the town or the territory. The discussion among the executive was there always had been need for a public hull, and the expense of renting private halls is prohibitive and they ought to have a hall here as a part of the town or territory. Q Was any sum promised or paid to Mr Thompson for helping put through the deal? A. I never heard of any. Mr. Marquam- bo you know’ A, As far as I know, there* was absolutely nothing. Mr. Pratt—As far as you know did Mr Thompson over get a flve cent piece out of it? A. N'o, he was very liberal; any thing that I.oyal League did he acted like a millionaire—worked assiduous ly and never received anything for it. Q. Just like the rest? A. Yes. sir; he interested himself more than others, 1 think—or some of them anyway. Q. Since the purchase of the rink there were some dances given: do you know where the funds and pro ceeds went? A. Why. the proceeds of the first dance were spent in paying some of the debts, and all of the debts in curred by the Loyal League 1 think and also paid insurance, there was four thousand dollars or something like that put on tin* building: and the money was paid also for cleaning up the hall and making some at tempts to put it in shape for general use. Q. Has the Loyal League thrown any patronage or advertising in the way of Thompson so that he could make an indirect graft out of it? A. No, sir; all he has done in the way of printing was gratuitous blank tickets, and certificates, lot taking the census and furnishing stationery and everything of the kind was done gratuitously. Cross Examination (by Mr, mar. quam) Q. So Mr. Thompson acted like a millionaire, Mr. Cleggs A. He did so tar as donating things and doing things freely, with out price. Q. And all the members acted like millionaires—you say he acted like the rest of them? A. No, 1 stated he was a little more so than the rest of them. Q. You were closely associated with Mr. Thompson in the matter? A. Just at the meetings; I presid ed at the executive meetings. Q. Now the way the unuori was really purchased—I mean the rink— it is called the armory now? A. 1 think so, yes. Q. (Continuing) Wasn’t the first method proposed or adopted, wasn’t it, Mr. Clegg? A. Eeg pardon? Q. 1 say the method used in rais ing the money in purchasing the property, wasn’t the scheme original ly proposed for the purpose of rais ing money? A. I think so—I think it was. There was some general discussion at the executive committee as to how it could be best done—no plan was hit upon and put into operation. Q 1 don’t mean put into operation, i but attempted, I mean? Isn't it true the executive committee conceived the idea of getting up a subscription list and presenting to citizens throughout Fairbanks, or members of the Loyal League who were a large proportion and they would subscribe whatever they could give, and they expected to raise the money in that way? A. There was no list excepting the one I mentioned. Q. No, no signatures—but that was the first plan suggested by the com mittee? A. No. Q. Are you sure? A. There was no other action taken by the executive committee as a committee than the one I described. Q. 1 don’t mean—so we won’t mis understand each other—I don't mean adopted and put through to a suc cessful conclusion 1 mean wasn’t that proposition adopted as a policy first by the executive committee and —I can’t say how far they went with It—but after they saw the opposl tion they encountered throughout the town in some quarters, it was aban doned and then alter that isn't it true another plan was suggested and adopted temporarily oi giving a dance at which tickets were to be fivo dollars -isn't that true? A My recollection is this. Mr Marquam That in talking of the method us to how the League or committee could acquire a hall, why the members of the committee at lihe meet ine—there were various - ! propositions and suggestions made j and i think one ot those suggestions I by somebody was to give a dance ! and circulate a subscription together Q Aren't you mistaken’ Weren't i there two propositions’’ A 1 don't think so; it were merely j talk, anyway nothing done about it Q. Don’t you moau there was some ! thing done but nothing accomplished .' A. No, I have no knowledge ol it Q. 1 don't know how much you know; but you know the tirst matter J went so far the tickets were printed and advertisements put in the paper and a communication to the Wo man's Loyal League asking now many tickets they could dispose of and re plies were had thereto- don't you know it went that far'’ A. No, I don't. Q They might, if those things did occur and they were pursued part j way at least, they might have been done by the finance committee you named? A. Possibly. Q. Without the knowledge of the executive committee? A. Possibly, if such things did take place 1 know nothing about it. Q. Now you as a member and president of the Loyal League and ex-offlcio chairman of the executive 1 presume A Yes, sir. (j. You conceived that the pur- I chasing of a hall was a good scheme ; and was interested in looking around j to find the best location for tile I least money'’ A. Yes. Q l)ld you make any inquiry of your own accord, or did you have any knowledge that you acquired else where, art to the value of the Gordon rink or the amount for which it could ‘ he purchased? A. Personally, you mean” Q Yes. A. No, 1 made no personal inves tigation. Q. Well, had you any knowledge of the fact it had previously been of fered at any price so as to fix a value on it A. Well, 1 heard rumors it had been offered for less money around about that time. y You heard those; A. 1 recall somebody mentioned it. | y. Let me ask you as a lact you’re a member of the Pioneers? A. Yes, sir. y. And you were or are one of the trustees of that organization? A. 1 am now. Q. Isn't it a fact how long have you been holding that position’ A. Oh, I think possibly since a year ago last January. Q. During your incumbency ot that office, is it or is it not a fact, Mr. Clegg, that the rink property was offered to the Pioneers and the offer was mude through the trustees or through some of them you had knowledge of, for a sum less than two thousand dollars? A. -No, sir. Q. Are >ou sure of that, Mr. Clegg? A. 1 have no knowledge of the trustees ever offering such a tiling. Q. No, not that the trustees, of fered, hut that the offer was made to the trustee*? A. No, sir. Q. Or nothing that would lead to that conclusion? A. No. Q. You understand i am investigat ing this from the standpoint of an attorney for the defense, and I rely on what 1 get from witnesses A. Oh, yes. Q. I’ll ask you this: Did you tor any reason ever inform Mrs. Clegg that the Pioneers were offered this property for a sum less than two thousand dollars by Mr. Gordon’ A. No; I said it was up for sale at one time for a small cash sum - now that was the way it was put to me. I never mentioned any definite sum Q. I'm not making a definite sum? A. I possibly might have said this ut one time. Mr. St. George told me while a trustee of the Pioneers that this hall could be purchased for a small cash sum. Q. Well, now, that probably is the way the matter came about A. I never investigated it. Q. Do you know of Mrs Clegg, some time after that special meet ing—either at the time they dis cussed the purchase of the armory by the Loyal League, or Just after the meeting—quoting you as saying that the Gordon rink had been of fered to the Pioneers through its trustees—or words to that effect, for a sum less than two thousand dol lnrs” A 1 don’t know what was said tn mv absence Q If au> statement was made to her you imagine it caune from u statement you made to her that you got from St George0 A Possibh Q Did Mi St George disclose to you how he came b> that mforma lion 7 A 1 ihink lie said he had a letter from Mr Gordon uhn wn*» Outside Q Cun you fix the time, about when tfiut conversation A I would say about a year ago. or year and u half y Wasn't it while he was out the last time? A I couldn't --Ay us to that y And to the best of >our recol lection. it was about u year and a half ago" A Yes y Well, that was Quite a prevalent opinion around town, wasn't it, Mr. Clegg, that the property could be purchased lor a -.uni around two thousand dollars ’ A No, I never heard it from any jther source Q Well, you mean you don’t know how great currency that report had been given A No, no Q Ik) you know what was the oc caston of Mr .St. George, what occa sion lie took to give you this intor mation why was itn (Objection) lie Direct ExarninntIon (liy Mr l’ratt) Q Mr. Clegg, did you consult Mr Gordon yourself about the price? A No. never had any talk with him whatever. Q. Didn’t ask him anything about whether ho had made offers of It for a lower price, did you? A No Q In figuring out the price paid, five thousand dollars, how did you arrive at that as a reasonable price? A Why. Mr Coleman and Mr. Wood I think as members of the finance committee, had Eouie Fred ericks go up there and survey the building and estimate how much lum ber, how much tin and how much pipe Q. And how much machinery? A Yes. and heating plant, and see what was the cash value on It. and 1 understand he said it you could get it around five or six thou sand dollars it woud be a good pur chase just for the material alone, not to say anything about the lot for real estate. Ite-CroSB Examination (By Mr. .Mar quam) In this talk with Mr St. George did he go any further than to say a small cash price indicate what it was ! A N'u, my recollection is that was practically t lit- words, for a cash price it would he cheap. Q Mid you make any inquiries? A. No, sir. Q Are you quite sure there was no estimate placed on it? A. I am now, but I wasn't at that time; 1 went to see St. George since and he has recollection of that con versation. Q You have no independent recol ection except what you have stated? A Yes, sir, he said it could be bought cheap for cash. Q, And if you conveyed to Mrs. Clegg any statement as to any limi tation it was undoubtedly from what St. George stated? A. Well, it may be I put a limita tion on it myself; 1 might have translated into my own meaning as to what St. George said and said twelve hundred dollars. Q. Now a question in regard to the title ol this property. The prop erty. as I understood from Mr. Thompson, tlie legal title, is held by Mr. Wood as trustee for the con tributors to this fund? A. Yes, sir. Q, That is an unorganized body? A. Yes. sir, absolutely. Q. Just individuals? A. Yes. sir q So the disposition that shall 0!' can be made of that hall depends on their own will’ A. The> leave it with Mr. Wood. 1 think. Q. I say, having been acquired for or with no understanding, they couldn’t receive front hint a deed conveying the legal title? A. 1 woudn’t say as to that. Q. No articles of trust were drawn jp between them and Wood? A. Not that I know of. Q. So that the subscribers could lo anything they please with it? A I suppose so. Re-Direct Examination (By Mr. Pratt) Q Wasn't it stated specifically in ,-our meetings, the building should ilways be used as a public hall and lever used for private purposes? A That wus the general trend of :he sentiment. Q And these people who contribut ed simply have no strings other hail the honesty of Mr. Wood; they nade a contribution and if things -ome around all right they get their noney back—that the idea?