The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-05-23
FOWLER
SPEAKS
TO JURY
A. w. Fowler of Defendants
Counsel Delivers Argument
to the jury
TAKES WHACK AT GUILD
Says Courier-News Editor Is
Keen, Shrewd Business
Man Not an Innocent

MAIL MOI dill 1llIlOC6IlL
Upon the conclusion Of Judge
| Young's preliminary address to the
| jury in the Courier News-M More case
at, 4:20 o'clock yesterday afternoon in
| the district court before Judge Pol
lock, A w. Fowler of the defendants
! counsel began his argument.
He complimented the able supreme
| court justice, chief counselor for the
plaintiff, DR.. Guild, upon the argu-
ment presented before beginning on
the presentation of his contentious for
| Mr.. More's side Of the case.
This is a case said Mr.. Fowler,
like the one described by that able
| English jurist who said the charges
| were easy to make but hard to prove
In this case the charges have been
easy to make but they are hard to
prove
The attorney then proceeded to say
that much had been made out of the
fact that one of Mr.. Mores witnesses
had been placed under arrest one
| time, Mr.. Baker, at the same time
with M. n. Hatcher, who had been
| frequently mentioned in this suit, that
| the charges against Mr.. Baker had
| been dismissed the same day Of his
arrest and that though Mr.. Hatcher
| udu DSeu Ills case lidQ never
been brought for trial.
Called Guild Shrewd Man.
II would like to direct the attention
Of the jury to DR.. Guilds demeanor
while on the witness stand" said Mr.
| Fowler. HE answered every queS-
ton in a manner that showed he was
a keen, shrewd man of business abil-
ity and man Of high literary attain
ments.
when this man went into the min
istry, the business world lost a keen
and shrewd business man. He is not
the unsuspecting, innocent sort he
would have the jury believe"
This morning when the hearing
was resumed Mr.. Fowler reiterated
that statement and focused his argu-
ment for some time on DIR. Guilds
| business sagacity, 4sS.
Look at some of mis- letters of tn
tstruction after he knew he was going
/ to take hold Of The Courier-News He
writes Mr.. Baker to put the pressure
on after Sept. l. He comes here and
takes close computations, copies fig
ures out of the books, talks with all
\ the different department heads, sends
| for data and figures after he leaves.
l don't blame him at all for this. 1t is
what any good business man would
! have done. But he should not come
! into this court saying he was unsus-
pecting, relying and trusting.
Il say this plaintiff was a man of
exceptional ability. 1 think DR.. Guild
| has placed a modest estimate on him
! self. In one Of his letters sent out
for the purpose of selling stock, his
| exceptional ability and experience
both in and out of the newspape
| field. l think DR.. Guild was too mod
est in his estimate Of himself"
The $1,000 Entry.
| Shortly before the noon nour adjourn
ment Mr.. Fowler reached the $1,000
entry.
"The jury may recall how DR.. Guild
had to clearly fix the time when he
took these figures from the books, When
| there was no $1,000 entry, when max
| about two or three times on the wit
ness stand. He said 1t was on Mon
day morning or afternoon.
"No wonder the plaintiff had trouble
| in fixing this time, because he testified
that he silent all Monday morning
with Mr.. More at the Waldorf hotel
and nearly I'll Monday afternoon at
H. r. Turner's office.
! "a silent witness in this evidence
shows that the books of that office for
July were not closed until after Aug.
5, for here is a letter from Mr.. Baker
to DR.. Guild dated Aug. 6, In which the
writer states that he was busy in the
| office the day before, which would be
Aug. 5, with the closing of the books
so Mr.. Baker could send DR.. Guild
some of the data he wanted.
Guilds Ananias Club.
Now there was one noticeable thing
about every witness put on the stand
| by the defendant, Mr. More. He was
| placed in DR.. Guilds Ananias club.
looked Very peculiar to me.
"Mr. More was put in the Ananias
club. We expected that. Mr.. Baker
| was put in the Ananias club: We ex-
pected that. They put Mr.. Townsend
| in the AnarIas club. They put Mr..
Dugan in the Ananias club. They put
| Mr.. Dickson in the Ananlas club. They
even put Martin Oleman, who once did
DIR. Guild q service for nothing, III the
Ananias club.
/ "But I am going to soon show you
where DR.. Guild put himself in his
own Ananias club" Here Mr.. Fowler
repeated his words. Where DR.. Guild
put himself in his own Ananias club.
The Leading Newspaper.
4 "As for Mr.. Bakers alleged mis-
4 Representation that The Courier-NeWs
was the leading newspaper in largo
and the state of North Dakota, that is
/ only mater Of opinion. Their own
i
good looking, Norman Black OF Grand
Forks, and pause to agree with Judge
Young that Mr.. Black is good looking
testified when he was on the stand
theL when he Yves manageT OF The
Grand Forks Times he thought The
l Times was the leading paper In the
1 state.
$50 that is merely a matter of olin-
ION. I presume eack newspaper owner
\ in tile state considers his parer the
Heading paper in the state So Mr..
Bakers remark was merely his opin-
ion.
/ DIR. Guild would have the jury be-
lieye from all this that Mr. More had
been doctoring up The Courier News
books throughout his entire ownership
just to defraud man he never heard
of until year later
I The jury was excused at ~ O'Clock
flor the noon recess, resuming at 2
o'clock. Tt is believed Mr.. Fowler will
conclude this afternoon and that judge
| Pollock will deliver his charge to the
jury Monday morning.
Judge Youns's Conclusion.
The conclusion Of Judge Young's 8
Continued on Page Five.