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SAYS HE BELIEVES DEFENDANT IS GOOD IAN FOR POSITIONDeclares He Approved Continuance in Post of Bar Association OfficialELLSWORTH GETS MIXED UPEffort to Make Minot Man Tell of Bad Opinion Is Ended in ConfusionFormer Governor R. A. Nestos of i Minot, testifying for the defense in 1 the ft. E. Wenzel ouster hearing Wed- j nesday. said that when he appointed 1 \Ven2el in 1923 as a member of the | workmen's compensation bureau it was with the understanding that the commissioner could continue his dunes as secretary of the North Dakota bar association.The state alleges Wenzel was acting contrary to the workmen’s compensation law by devoting some of his time to Bar association duties.By agreement of counsel in the case,He Wasn’t With’Em But Helped Save ’EmTeddy Roosevelt's Rough Riders” rode through Tuesday's testimony in the R. E. Wenzel ouster hearing,W. H. Turner, 73, Negro Spanish-American war veteran and Indian fighter, recounted some of his war experiences as he was cross-examined by Former Governor George F. Shafer, attorney for Wenzel.Turner, discharged as janitor at the Workmen's Compensation Bureau in 1932. testified for the state j about alleged use of a floor polish--er by Wenzel. Turner testified he } Is known locally as Colonel Turn-, er.” Asked by Shafer if he was with J Roosevelt's Rough Riders, the Colonel” explained he was in the 1 cavalry which he said saved Roose* ' velt and the Rough Riders.a(CoTyeafrietheWecouoldqullt;andThehwhithaNestos was permitted to testify before cou •he state has completed its case. The crei state plans to call State Senator S. S. McDonald. . 1C. lt;Nestos lauded Wenzel, declaring he relieved the- commissioner to be one of the most competent workmen’s compensation commissioners ever appointed to the bureau.He was examined by former Governor George F. Shafer, attorney for Wenzel, and cross-examined fey Charles A. Verrett, assistant state attorney general and S. E. Ellsworth, prosecutors, in the hearing before T, o. Clifford, Langdon attorney, special commissioner taking testimony of the case.Denies Regretting ActOn cross-examination by Ellsworth, Nestos denied he had ever had any conversation with Senator McDonald in which the former governor is al-•eged to have said his appointment of Wenzel was a mistake.The conversation was first fixed by Fils worth as in December, 1932, later the prosecutor said the purported conversation took place in December,1922, in the governor's office at Bismarck.To this. Nestos replied he was pcsi-t've he did not make a statement expressing dissatisfaction with Wenzel at that time because it was before Wenzel was appointed.Nestos testified he appointed Wen-tel in 1923 because he believed him to be partcularly competent for the position of workmen's compensationMWlt; pist F tha sho yea Tor the aws lze H at u girl day tool A the figl nea T sfcrt hid clot fou not Tcommissioner. He said Wenzel did witnot solicit the position but that he was asked to take it. Nestos testified he had at no time had any occasion 0 regret the appointment.Following completion of Nestos’ testimony, Ft, H. Walker, chairman of '.be compensation bureau, was recalled to the stand by the state. He was followed by Arthur Tlmboe, chief claim clerk for the bureau.Nestos testified that, as an attorney, be believed Wenzel would not be act-slajwitwaladetheClytivtOwRlt;
Newspaper Details
Bismarck Tribune
Bismarck, North Dakota, US
Wed, Dec 13, 1933
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Full Page
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California, DZ 21 Aug 2023
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