The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-18
DEFENSE SEEKS
TO PROVE HALL
WAS DECEIVED
Cross Examination of Edwards
Reveals Attitude to Be
Taken.
LYNGSTAD NOW ON STAND
Deputy State Treasurer Sue
cccds Examiner After a
Long Session.

1t becomes increasing evident as
the cross examination of w. r. Ed
wards, first witness for the state, in
the Hall case progresses that the de-
fense will contend tina: the secretary
of stale, now on trial for embeZzle.
ment, hal nothing directly to do with
the handling of the automobile regis
tration funds, and tina: any manipula-
| tion of these funds was without his
knowledge Question after question
tending to bring out statements to
this effect were fired at Edwards this
morning by w. H. Stutsman, chief of
counsel for the defense. Edwards was
succeeded by Deputy State Treasurer
Lyngstad on the stand at noon today,
after having been under continual fire
from the state or the defense for
day and half He repeated the story
of the sealing of the safe in the auto
bile registration department and.
later, of the sealing of the safe In
Halls private Office. .ls. 4,
Continued pickering of counsel this
morning led Judge Coffey to rule that
objections be addressed to the court
rather than to opposing attorneys.
We'll get along better" said the
Judge.
The contention of the defense that
anything which Eugene NJ. Walla,
chief clerk in the automobile registra-
tion department, may have said to Z.
r. Edwards, deputy state examiner, or
to any other person, not in the pres
ence of Secretary of State Thomas
Hall, is not admissible as evidence
against Mr.. Hall in his trial for em.
Coffey "A Monday afternoon after
long and spirited argument between
opposing counsel&
Suppose Walla sal dthat Tom Halt
was thief and that he stole $4,0a0-;
would you send him to the peniten,
tiary on that kind of evidence; on
statements made to third party not
in the presence OF Tom Hail." asked
Attorney Stutsman.
"The admission of an agent in ci-
vii action Is one thing and that Of
third rartv in a criminal case anoth-
er," said Tiorp "Mr. Hall stands here
alone as defendant in this case. Walla
is under Indictment on the same
charge in another case. No foundation
has been laid to prove that Tom Hall
was ever near that cash drawer or
had anything to do with it."
Brennan insisted that the rule Of
evidence was the same whether an &C
ton be civil or criminal in its ma
turc.
The question arose when W. r. Ed
wards of the examiners office at
tempted to tell something that Walla
had said to him when he (Edwards)
went into the secretary Of states Of
fee to count the cash October %. Wal
la at that time testified Edwards, pre-
sented a manila envelope containing
checks drawn by Hall on local bank
to the amount of about $400.
The direct examination of w. r.
Edwards, the states first witness, was
completed late Monday afternoon,
after he has testified as to the sealing
of the safe in the secretary of states
office after the discovery of an al
legged shortage which he believed to
be approximately $3,477.55. When the
safe was unsealed in the presence OF
State Examiner J. P. Waters, Assist.
ant Examiner E. A. Thorberg, Assist.
ant Attorney General Daniel V. Bren-
nan, Secretary of State Hall and Mr..
Walla, about 6 p. M, October 29, it
was found to contain, said the witness,
checks for $3.50; $5910 in stamps;
$3S in currency. Eugene Walla, testi-
fled Edwards, at this time produced
from a drawer in his desk $2,500.30 in
currency and check drawn in favor
of himself for SIS, still leaving short
age of $175.72. Later, said Edwards,
he discovered that $3.50 worth of
1918 business had been included in the
deposits which he had credited on
1917 business, and that there also was
$10s in miscellaneous business i'm
properly credited to 1907.
On cross examination by w. H.
Stutsman, chief of counsel for the de-
fense, the examiner admitted that the
monthly statements made by Secre-
tary of State Hall showing the dis
bursements made from the automo-
bile funds to the various counties and
to the state Highly commission were
no safe indication of the balance that
might be carried over from month to
month. He admitted that business
came in in stacks during part of
the season, as much as $4,000 worth
of checks and currency coming in
April 49, The business for the 10k
months covered by his investigation
totaled $4,000. He believed that by
checking back daily balances he could
discover just when the alleged short
age of $1,000 which he found to ex-
ist as Of Dec. 81, 1916, first appeared.
The cross examination of Edwards
probably will consume halt OF Tues
day.