The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-08-24
HEARING STARTED
FRIDAY MORNING
Evidence is Taken in Case
Against Hatcher and Bak-
er of Courier News.
Held to Grand Jury.


Fargo, N. D.. Aug. 24.-M. N. .
Hatcher, who has been on trial =
here on a charge Of using the '
mails to defraud. this afternoon =
was held to the grand jury, and =
is now out on bonds. =
.
Fargo, N. D., Aug. 24.-The pre-
NJ. n. Hatcher and A. NJ. Baker on
the allegations of fraud in connection
with the recent contest conducted by
the Courier News opened Friday
morning before J. A. Montgomery,
United States commissioner. On mo-
ton of Mr.. Bakers counsel, V. R.
Lowell. the hearing for each of the
parties was made separate and Mr..
Hatcher's case taken up first. STAN
baush & Fowler appeared for Mr..
Hatcher and the prosecution was rep
resented by United States District At
torney Engerud.
Cushing First Witness.
w. r Gushing was the first witness
called and his testimony dealt mainly
with the methods of conducting the
business. of the Courier Publishisg
company, the evident intent being to
show that while Mr.. Cushing was for
merly connected with the company he
had not been active in its affairs. He
had no knowledge Of the contest. he
said, other than a superficial one due
to some of the details being discussed
in his presence.
Myhra Tells Story.
A. j. Myhra alleged that he had
been approached by one of the con-
test employees and at the request Of
tho ony,tact NJ oro o~l hic o~,plox-o
had turned in a list of subscriptions
amounting to $500. which he paid by
his own check on a local bank. Ow-
ing to delay In getting his prize due
to MIR. Hatcher's absence from the
city he had consulted an attorney and
had later received a cash payment. of
$s25 from MIR. Hatcher. in lieu Of the
automobile he had won. it being his
choice to take the cash rather than
the automobile. Mr.. Myhra stated
that a previous statement that he had
Ialked with Mr.. Hatcher about putting
money inc the contest was an error
as he had never met Mr.. Hatcher un-
til after the contest closed.
Agreement rs to Watches.
D. f. Sullivan of the Sundberg
company testified that Mr.. Hatcher
had made a verbal agreement with
him for seven watches to be of the
usual s25 quality and eve diamond
rings to be valued at 500 each. The
rings selected by Mr.. Hatcher were
marked at $40 to s105. the prices
having been fixed some three years
when he purchased the store
from MIR. %Sundberg; white stones of
good cut and weighing So to ga car
at, he same goods having advanced
from fifteen to twenty per cent in val
ue since he purchased them.
Books are Examined.
Miss Mary J~orgenson, bookkeeper
for the Courier Publishing company,
was called to show from her books
the condition of the company and its
ability to pay for prizes offered. An
exhaustive inquiry as to the business
the disposition of the money received
from the contest explained. At the
conclusion of Miss J%orgenson's testi-
mony before the moo adjournment
a copy of the ~ourier-News Of May
9. containing a personal guarantee by
Mr.. Hatcher hat he would deliver
all prizes o was put in evidence
lesunoo 'usnequIels I'm 40
McMillan's Testimony.
Stewart Mcmillan whose little
daughter won the first prize, the
house and lot. testified that he had
not beer requested to put money into
the contest and that he had paid for
but two subscriptions out of his own
pocket. He was but briefly question
ed.
Mrs. Frank johnson alleged that
she had been asked by Mrs. Ashley,
who had acted as assistant to the
contest manager, If she would not
like to win an automobile and was
told that $3.50 of subscriptions would
secure it. She had refused to pur-
chase any subscriptions but had won
a piano which was satisfactory.
Wahpeton Man Heard.
e.. F.. Ellis Of Wahpeton testified
that he had come to Fargo to inquire
how much money would be needed to
was told by Mr.. Ashley that $3.50
would secure it. MI. Ellis was aues-
toned closely as to whether he had
had any talks about money with Mr..
Hatcher and stated that he had not,
but that his conversation was entire
ly with Mr.. Ashley and one of his
employees. He had refused to pur-
chase any subscriptions and was sat-
isfed with the diamond ring awarded
him. though II had afterward been
exchanged for other merchandise at
the S%undberg store.
Affair Gives Evidence.
Walter E. Affair Of New Rockford,
who Won the Everitt automobile testi-
fed that he had arranged with Mr..
Ashley to purchase subscription votes
and that he had on three occasions
talked the matter over with Mr.. Ash
ley resulting in Mr.. Ashley calling
him up at his home on Sunday norm
ing. July IA, after the contest had
closed and telling him that he still
had time to get in and win the auto
mobile If he would mail at once
about $500. He alleged that he mail
ed a check of s497 on Monday morn
ing following the close of the con-
test and that It had been counted in
making the award Of prizes. He was
cross questioned by Mr.. Stambaugh
and explained that the date Of the
check. July 10. was due to the fact
that he had dated it back at the re-
quest of Mr.. Ashley. Mr.. Affair said
he had never met Mr.. Hatcher till
his prize was awarded to him some
time after the close Of the contest.
DoaD AORoDan0as.