The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-19
COURT ORDERS
PROSECUTOR TO
TAKE HIS SEAT
Tilt Between Judge Coffey and
Dan Brennan En!ivens
Hall Trial.
PHOTOGRAPHS RULED OUT
Defense Insists Original Checks
Be Produced as Evidence
in the Case.

Assistant Attorney General Daniel
V. Brennan was ordered to his seat
this morning when he attempted to
argue with Judge Coffey the pro-
priety OF the latter's referring to the
manner OF the states conduct OF it's
case against Hall as. "pettifogging."
A. J. Arnot, cashier of the First
National bank, was on the stand, and
the assistant prosecutor had asked
over and over again that the witness
make guess as to the number of
Halls checks which the bank had
denied payment for lack of funds.
Mr.. Arnot had insisted that no record
OF checks so rejected was kept and
that any guess made on the subject
would be very wide one.
Judge Coffey ruled a guess in such
case would not be competent evidence,
and when the prosecution, in spite OF
this ruling, renewed to Arnot ques-
tions of tenor to reflect upon Halls
personal financial dealings with the
bank, the court advised the state that
this pettifogging must cease"
la SHllAh WAC VII lCCI lu d
ent, attacking the courts right to
apply such a term to the states con-
duct of the case. Judge Colfey ad-
vised the assistant attorney general
to take his seat and to proceed with
the case.
Photos Ruled Out
The defense won 4 rather import
ant technical point this morning when
it succeeded in ruling out of evidence
photographs which the state has had
made of four checks which had been
included in deposits from the secre-
tary OF states office. The defense
contended that two of these checks
could only be identified by Eugene
M. Walla, by whom they were drawn,
and that the other two were in exist
ence and were In themselves the sbost'
evidence. State Treasurer i John
Steen was on the stand few minutes
this morning in connection with these
checks, as was +. HOlmbOe, who made
the photographs. j. l.. Bell, first vice
president of the First National bank
Of Bismarck, offered the same testi-
mony as to Halls financial dealings,
with that institution as produced at
the preliminary hearing. T.. W.
Strecter, cashier Of the Baldwin bank,
told of alleged attempts OF Eugene
NJ. Walla to borrow first $4,000 and
then $1,000 from that institution.
States Attorney F. E. McCurdy tes-
titled as to the connection OF Hall
and Walla with an insurance company
in which McCurdy also is interested.
E. A. Thorberg, deputy state exami-
ner, was on the stand when court ad-
jOurned at noon.
The state in it's prosecution OF
Thomas Hall, secretary of state.
charged with the embezzlement OF 3d.
/ 400 of the automobile registration
fund, is going over step by step the
grounds which it covered in the pre-
/, liminary examination of Mr.. Hall, in
police court. To date the trial has
| not brought out one important fact
which was not produced in the pre-.
liminary hearing, and from news
sense the action is proving disappoint-
ing Occasional advertisement is fur
nished in tits betwee nthe opposing
| counsel, but each day Judge Coffey
is bearing down trifle harder on
| these little sOrties.
Thorpe Causes Excitement.
Attorney Thorpe, of counsel for the
defense, offered some excitement. just
before adjournment Tuesday evening
by objecting to the Identification of
photograph of four checks said to
have been included in deposits from
the secretary of states Office. 1T has
not been proven that this witness IS
a photographer or an artist or in any
way competent to identify these
checks, except on hearsay," said Mr..
Thorpe. Judge Coffey, after inspect
ing the photograph, overruled the OBJ
| (Continued on Page Three)