The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-05-02

Young stated he meant the defense,
not the defendants counsel. Whereup-
on Mr.. Fowler argued to the court that
should his objection be overruled that
1t would indicate the court felt all the
defendants witnesses were liars and
perjurers.
Judge Pollock made no decision of
the matter either way, but said that
1t involved another question not yet
brought out by either side, and for
that reason he would neither overrule
nor sustain the objection and tempor-
arily allow Judge Young to proceed
with the identification Of the mailing
list as preliminary step to lay
grounds to show his allegation that
the subscription list had been padded
at a certain time. .-. -.--..
1t was the first time during the
whole proceedings that there has been
the slightest word between counsel of
either side Of the case. The relations
between them have been most ami
cable and courteous and after this lit
tie friction this morning, the good
feeling was at once APPARENTLY restor-
ed.
Compared Hand Writing.
The witnesses called this morning
were Mr.. Dugan, formerly circulation
manager, who was asked about the
mailing list in question on his cross
examination. An attempt was made
by Judge Young in this to show the
1mposs1bility Of a gain Of $4,000 in
subscriptions in the month of Decem-
Der. 1912. Regarding this Mr.. Dugan
said 1t was improbable.
Judge Young asked Mr.. Dugan to
make in his own handwriting the same
figures that appeared as notations on
this mailing list, for a comparison of
penmanship.
Ellis Guild was called to the stand
to testify whence came this mailing
list. He said he had resurrected 1t
from some old papers up in the store
room on the second floor of The Cour-
ier-News building. Counsel Pollock
also asked him to make the notations
OF the list in his own handwriting, for
another comparison of penmanship.
Mailing Clerk Called.
George Sullivan, mailing clerk, was
called by the plaintiff in regard to
this list. Mr.. Sullivan recognized his
own check marks on the list. He
identified it as the list for January,
1918.
Asked by Mr.. Fowler how he could
tell this, he said from the top dates
that appeared on the list. Some of
these were for three months hence
and he presumed these subscribers
had paid for one quarter. He said he
could not give any other reason for
Identification.
Mr.. Fowler asked if these stop dates
always indicated the end Of a quarter
ly subscription. Mr.. Sullivan said not.
Mr.. Fowler also asked If they could
not mean the conclusion Of q months
subscription or a two months sub
scription. Mr.. Sullivan admitted it
could. ~ ..." H..
Ulsaker on Stand.
L, H. Ulsaker of the Ulsaker Print
ing Co. was called by the defendant
yesterday afternoon following the tes-
timony of Glenn r. Townsend, the for
mer city editor of The Courier News.
Mr.. Ulsaker testified that he had
never been connected with daily
newspaper and had had no experience
with a webb perrecting press and
he felt competent to judge the value
of the physical plant of The Courier
News. This he based at $4,000.
He said he didn't know the amount
The Grand Forks Times sold this
press for. His figures were $12,50o for
the press and motor, $4,000 for the
stereotyping outfit, $1,000 for the fur
niture, $4,000 for the linotypes, and
$4,000 for dlle rest of the physical
property, including stones and miscel-
laneous matters. -r
Another Newspaper Man.
Another newspaper man testifyinR
for Mr.. More was p o. Thorson of
The Grand Forks Normanden, man
ager of that paper. Mr.. Thorson said
he was not connected with daily
newspaper.
He valued the press at 100000, and
the total physical property of The
Courier News plant at $4,000. He
considered the circulation worth $10,-
600. .
About the Associated Press fran
chise he said he felt incompetent to
answer. as with a weekly newspaper
he had no experience with any A. p.
or u. p, Hearst or other news service
franchise.
Case Next Week.
Judge Pollock adjourned court at 1
o'clock today SO as to allow the Jurors
to go home over Sunday. 1t Is expect
ed the evidence will. be in either next
Tuesday or Wednesday and the argu-
ments will begin at that time
Counsel Fowler for the defendant
Yesterday afternoon disclosed to the
court that he would ask for special
verdict at the conclusion OF the case.