The Dickinson press., 1917-01-13

~ NJ Later ne was taken to the
M~esserknecht home and kept theirs
by the county for a period of about
ten months, the county insanity board
then committing him to the state hos
plta! for the insane at Rochester on
April %, 1908. Identified plaintiff in
this Ease positively being the man he
picked up. All efforts to get j. C. R.
to give any information about him
self failed. He said the man he
picked up was a tough looking char
acter, with stubby mustache and beard,
wore dark brown suit and dirty look
ing shirt. Positive in his identifca-
ton of plaintiff as. being the same
W. ]. ziMMERMAN: Harness and
saddle maker in Dickinson, for 20
years and knows the Caldwells. Saw
Jay frequently in his store. Recog-
nized photos of Jay and described his
personal appearance. First saw J. C.
r. two years ago and at once decided
that it was not Jay Caldwell, his
judgment being that plaintiff was sew
eral inches shorter than Jay and that
he did not resemble Jay in the least;
that Jay could not possibly change to
the appearance of the plaintiff, and
no possibility of his being mistaken.
VIM. Chaloner was recalled by the
defense to give the length of Jay
'Caldwell's saddle. Said he could
hardly touch jays saddle stirrups
with his toes when sitting in the
saddle.
Mr.. Burnett read the deposition of
Thos. Mccullough, a dentist living in
Chicago, who had purchased the bust
ness and records from a firm of dent
lists who had done work for Jay
Caldwell in 1906. Reading from his
charts he described infinitely the
dental work done.
A deposition was also read from
DR.. C. N. Barker, a Dickinson dentist,
who is now with the North Dakota
regiment on the Mexican border,
shown that the exact record of any
dental work done would be found in
the possession of his business partner,
DR.. Norman L. Gartley, and also con-
tanned a statement Of independent
knowledge of work being done for
Jay Allen Caldwell in 1905.
A deposition was also read from
Debibe Lovewell of Chicago, a sister
of James H. Caldwell, giving age Of
Jay Caldwell at IS years. Had not
seen Jay since January 10, 1907.
A deposition from Edward A.
Evans, Of the Chicago secret service
bureau of Identification, former as
sistant Identification inspector of the
Chicago police department, was read.
The deposition stated that after in
vestigation of the two photographs,
one Of Jay Caldwell and the other of
j. C. R., they could not possibly be
photos of one and the same man.
Mr.. Burnett also read a deposition
from James Mullenbach, superintend-
ent of the Oak Forest infrmary where
j. c. R. was admitted November "a,
1918, and remained until June 4, 1914.
At that time Mrs. Pitkin claimed him
as her son in the presence of wit
ness and several others. Mrs. Pitkin
made her Identification complete by
describing marks and a about the
body. Witness also related story told
by Mrs. Pitkin regarding her earlier
life. Mrs. Pitkin took J. C. R. home
with her saying she was going to
make an effort to make him speak.
She first gave her name as Mrs. E. L.
Randolph and later as Mrs. H. E. Pit
kin.
A deposition from ames L. Butts,
a reporter on the Chicago Daily
News, identified the story of Mrs.
Pitkin. Witness called on Mrs. Pit
kin for an interview on January 9th,
1915, and 81. C. R." was present.
Stated that Mrs. Pitkin gave out in
her interview that she had been
working for months to prove J. C. R.
IS her son. Gave the name of Edward
w. lies to her son and said he left
Chicago in 1906, with $4,000 to buy
machinery for a mine in Nevada.
Witness asked J.. c. R. if Mrs. Pitkin
was his mother and he signiied yes by
saying eli hi"
DIR. N. L. GARTLEY: Practiced
dentistry with his partner, DR..
Barker, in Dickinson for IA years.
Identified bills made out to ]. A.
Caldwell and receipted by DR.. Barker
as coming from the office of the firm.
Had Independent knowledge and also
a record of filling three teeth for J.
A.. Caldwell. The day book, which is
a record of all dental work done, and
also the firms ledger, was offered in
evidence and DR.. Gartley answered
the questions put to him by attor-
neys by reference to his books. Al
though suffering from a recent opera
ton on his throat DR.. Gartley gave
answer to his direct examination in
a clear voice and spent some time
explaining in detail dental terms and
the location of the work done by re-
ferring to the records of the Office.
After giving this testimony relative
to each tooth treated and it's posi-
ton in the mouth, he was asked to
make an examination of the plain
teeth. At this request there was
intense interest in the court room
when the plaintiff was sent for and
the examination commenced. J. C. R.
took a seat by the witness and at
every question asked from the rec
ords and dispositions regarding the
teeth of j. A. Caldwell, DR.. Gartley
made an examination of the same |
tooth in the mouth of the plaintiff.
was given to show that
the records of work done for J. A..
Caldwell did not in any one instance |
agree with the condition of the teeth /
Of the plaintiff. Of the teeth marked
on the plate some were gone from
plaintiffs mouth and others had never
been filled. Testified that it was not
possible for plaintiff to be J. A. Cald- |