The Dickinson press., 1917-01-13

on Willard street until he could see
the photograph gallery and then
pointed it out. Opinion and best
judgment Of witness is that plaintiff
is Jay Caldwell.
W. F. Burnett, attorney for the de-
fense, read the deposition of E. M.
Palmroy, general head nurse Of the
Rochester state hospital. This depo-
sition verified the date of plaintiffs
admission to the hospital, the oper-
alton, and identified plaintiff as the
man Richard Roe No. l, or Hi He,"
as he was known at the hospital.
Other dispositions read containing
practically the same statements were
those Of John P. Quichman, book
keeper in the stewards office at the
hospital, Clarence McCue, hospital
barber, Chas. E. Ander, supervisor,
Chas. Youngman, head cook, DR.. w.
b: Linton, assistant physician, who
aided DR.. Beckman, of the Mayo
clinic, in the operation, S. H. Ander-
son, dining room man, and Bert
Knoll, photographer.
DIR. ARTHUR f. KILBOURNE:
Superintendent of the Rochester state
hospital for the insane, was connect
ed with the hospital for 81 years.
Plaintiff was admitted to hospital
from Waseca county on April %,
1908, witness refreshing his memory
from hospital records. j. c. R. vas
in hospital about five and one-half
years. He was allowed liberty and
disappeared on several occasions, but
was either captured or returned vol
UNFAIRLY. Witness positive that pa
tient and plaintiff are one and the
same man. Made great effort to
identify J. C. R. and received letters
from over 300 people having missing
relatives trying to establish his iden-
tity. Examined photos of Jay Allen
Caldwell and J. C. R. and said photos
were of different men. Reviewing
the operation witness said that it
would be impossible for patient to
remember things that happened prior
to the injury but might remember
things that happened since a. his
memory was obliterated to a large
extent. Gave as his opinion that the
bursting of the blood vessel causing
hemorrhage denoted a syfilitic con-
dition, but injury could have been
caused by blow on the head with a
sand bag. Witness was given a rigid
cross examination by Mr.. Casey and
closely questioned by Judge Nuessle
regarding the operation.
L. J. DETLOFF: Shoe clerk at
Roquette's store, called to measure
feet Of plaintiff. Foot measured 9R
inches and calls for 6R shoe. Plain
tiff now wears size 8, according to
measurement.
ANDREW BAIRD: A tailor, lives
in Dickinson. Called to measure
plaintiff for clothing. Inside Of
trousers made by a tailor for plain
tiff would measure 28A inches, in
side coat sleeve 17h, length of coat
| 30 inches.
DIR. KILBOURNE was recalled to
| give some additional testimony re-
garding operation and described at
tempts made to get J. c. R. to in
dictate on map where he lived. Plain
| tiff recognized witaess as soon as he
saw him at a local hotel last Monday
| evening.
| of Waseca county, Mimi, was re-
called by Mr.. Burnett to identify COM
mitmcnt to hospital from Waseca
county.
A lengthy deposition from DR.. H.
C. Stevens of Chicago was read by
| Mr.. Burnett. DR.. Stevens is profess
| sor Of experimental psychology and a
| special student of mental and nerv-
Gus diseases who had made an ex-
animation of J. C. R. in Chicago and
had an interview with Mrs. Pitkin
when she claimed plaintiff as her
son. A deposition vas also read from
| Chas. A. Mayo, also of Chicago, who
had made photographs of Jay Allen
| Caldwell in 1906.
DIR. CHAMBERLAIN: The Waseca
county physician, was recalled and
| asked a hypothetical question involv-
ing operation and also submitted tes-
timony from his charge books show
ing dates Of visits to the mar OF
mystery. Cross examination by MI.
Casey brought out location Of resi-
dence of the family with whom j. G:
R. stayed in Waseca. Bills We're paid
by county. Witness met J. C. R: after
arriving in Dickinson last Monday
and thought plaintiff expressed him
self as knowing him. Treated plain
tiff about 10 months, from June 20,
1907, to April %, 1908, when plain
tiff was committed to the state nos
pital for the insane at Rochester,
witness being a member of the county
insanity board which decided the
case.
J. S. BIRDSELL: Resident Of
Stark county, 7 miles from Caldwell
ranch, for 80 years, knew the elder
! Caldwell and Jay for that length of
time. Worked with Jay, rode with
him and worked at Caldwell ranch at
years Ago.. First saw J. c. R. with
years ago. First say j. c. r. with
Mrs. Pitkin in Dickinson two years
ago and plaintiff did not know him.
Denounced Mrs. Pitkin and thought
perhaps she was a hypnotist and
would not have anything to do with
her. Saw plaintiff again during pres
ent trial and when asked if he knew
witness indicated yes by saying. HI
hi" Witness positive that plaintiff
is not Jay Caldwell, is not big enough,
shape of forehead is not the same,
seems five inches shorter than Jay.
Witness said that there was consider
able feeling and excitement in the
neiphhorhood about the trial. Cross