The Dickinson press., 1917-01-06

evident intention of getting it. The
cane was brought to him, and he made
the indications as above stated. When
asked IT he was paralyzed and lost his
voice as a result of the blow he nod
ded, and said Hi, Hi" Signifed that
he had been in the insane asylum at
Rochester, Mimi, and that he went
from Dickinson to Minneapolis, and
IN an attempt to go on to Chicago
boarded the wrong train and was car
ried to Waseca, MINI. When asked
if he had had a quarrel with his father
before his going away, he nodded in
the evident affirmative. Nodded when
asked if father wanted property
which he had back. Nodded when
asked if he had been unable to care
for the business since. Nodded when
asked if he had been hit upon the head
twice. Signified in the affirmative
when asked if he was all right, and
could use his right arm and leg and
could walk before he came to Waseca,
where he was taken with a stroke of
paralysis.
Cross examination by W. F. Bur-
nett, counsel for j. H. Caldwell,
brought out the following: When
asked if he could read and write, wit
ness nodded. When shown some sim
pie words printed on slips and a first
reader, he emphatically shook head,
evidently to the effect that he could
not read. When asked if he under
stood questions asked Of him he sig
nified in the affirmative. Nodded in
the affirmative when asked if scar on
head was as a result Of a blow given
him by his father. When asked when
he came to North Dakota, witness sig
nifed that he wanted a pair of spec
tacles and some paper to write on.
These were procured, and he wrote
the following numerals in a clear, cas-
lily read hand: "26-1S72." Then he
indicated a height of about four feet
from the floor, and when asked if
this was his height when he came to
North Dakota, he answered in the af-
firmative. Shook his head when asked
if he knew how old he was at that
time. When asked how many years
he has lived in North Dakota, he
seemingly did not understand, and
made motions as if driving horses.
When asked again how long he had
lived in the state, he called for paper
and wrote down the figures, l to 10,
and in an attempt to pick out the prop
er numerals, failed. Signified yes
when asked if he had had some teeth
pulled. Shook his head when asked if
the teeth had been pulled at Roches-
ter. When asked how many teeth
pulled, he signifed 5 on his fingers,
which is evidently correct. When
asked what year he went to Rochester
he wrote the figure g, but then shook
his head and made the figure 8, and
again shook his head. When asked
if it was in 1908 he nodded in the af-
firmative. When asked if he was in
Waseca, he pointed to his paralyzed
side, and answered in the evident af-
firmative. When asked if he knew DR..
Chamberlain, he signified in the af-
firmative and picked him out in the
audience. (Dr. w. A. Chamberlain is
the Waseca physician who cared for
]. C. R. when he was taken with a
stroke at Waseca, and sat on the
board of insanity which later sent
him to the asylum.) Answered in the
affirmative that he had been in Chi
cago and at Oak Forest Infirmary.
Indicated in the affirmative that he
could pick out numbers. Was given
slips Of paper containing the printed
numerals, 1 to o., and was asked to
pick out figure 8, but picked out s.
Picked out 7 all right upon request,
and also 1, and later the figure 5, all
correctly. Asked to pick out the fig
ures forming 10, but picked out 18 in
stead. Asked to pick out %, but
failed. Was asked by Judge Neussle
to pick out figures forming 26. He
did this correctly. Then asked for
"a, but shook head.
The names "Milt Bobb" and
"Gregg" were written on a slip Of
paper and witness was asked if he
knew what these names signifed, but
shook head. When questioned he an
swered in the affirmative that he
knew Stranger. Did not know billiard
or Manning. When asked if he knew
Gregg he shrugged his shoulders.
When asked if he knew Mr.. johnson
he thought for awhile and then point
ed east and south. Knew Abe Knut-
son. Did not know A. N. Jefries.
Was very positive that he knew W: A:
Mcclure. Shook head when asked
abnt F. H. Register. When asked
about DR.. C. H. Lovewell made affr-
native signs and motions and noise
seemingly representing moving train.
(Dr. Lovewel is a resident Of Chica-
20 and is an uncle Of Jay.) Indicated
that he knew T. S. Underhill, but sig
nified that he was not in the room.
Indicated in the affirmative when ask
ed if he knew May Luff and DR.. Per-
kins. Made motions indicating the
latter's upstairs office when asked
where he was. located. DR.. Perkins
later came to the court room, and was
then indicated by the plaintiff. When
asked about Ed McCanna he made
motions which seemed to indicate set
ting fence posts. He referred to Bill
Chandler as a man who carried a cart
ridge belt and handled a revolver.
Asked by Mr.. Burnett to write the
name Jay A. Caldwell. He did so in
a clear, full hand. Also upon request
wrote initials 81. C. R." Was asked
to write ~. R. r." but krote u. A
c." instead. Indicated that he knew
Mrs. Bratberg, Herman Leutz, Joe
Christen and John Martin. When
asked if he knew Major Martin he in
Dictated yes. When asked if Major
Martin is alive, plaintiff layed back
into the chair and closed his eyes, evi-
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