The Dickinson press., 1917-01-13

year. Came to the Moran home in
July and stayed until August, when
ne again went away-Mrs. Moran
didn't know where. He returned
again in March, 1916, and has stayed
at different places about the county
since. He didn't tell her where he
was going when he left in 1915. Tes-
titled that Jay and her father were
nagglng each other continually re-
gardlng property matters. Stated
that Jay received a scar over the eye
by a blow from a bat while playing
ball when six years of age. Also said
that he received scar on middle finger
OF left hand from a rope burn. Iden-
tilted both on plaintiff, also j
scar back Of right car. A seal on
left hand was received while he at
tempted to ward off a blow, she said.
Also told that jays toes on right
foot turned down. Plaintiff was
asked to remove his shoe and stock
ing, which he did, and the deformity
identified. Saw Jay the day before
his disappearance, as he was over to
her house helping to move a heater.
In cross examination by Mr.. Bur-
nett, Mrs. Moran was shown a copy
OF the Dickinson Press dated August
18th, 1914, containing an account of
J. G. r. and party having arrived
here on August goth. At the be-
ginning of the testimony she said that
it was on the Goth of July. She
admitted that she evidently was mis-
taken when she said July.
She denied that she had written to
the chief of police at Waseca and
stating that her brother Jay had no
tattoo mark or his arm. AS soon as
the statement was made, Mr.. Burnett
submitted a letter written by Mrs.
Moran to the Mayo brothers at
Rochester, in which she states that
the description she had read of the
"man of mystery" was identical with
the description of her brother, ex-
cept to the tattoo mark. When con-
fronted with the letter she did not
seem to know just what to say. (In
her previous testimony Mrs. Moran
emphatically stated that she saw this
mark on the arm of her brother in
1907, and in her letter of January
24th, 1914, she indicated that he had
never had any such mark.)
Said that plaintiff and Mrs. Pitkin
were in St. Louis for a time in 1914.
She also stated that Jay had never
attended school since coming to North
Dakota at the age of II years, and
that the only schooling he ever re-
ceived was at Chicago before the
family moved to North Dakota.
ED. DAVIS: (Recalled) Denied
that he had taken plaintiff around the
country telling him the names of
farmers. Stated that his boys had
attempted to teach the mar to write,
but evidently without success.
j. C.. R.: (Recalled) Two notes
signed by Jay A. Caldwell, one for
$4,000 and the other for $25, 900,
well, was shown witness and the ques-
ton made whether or not he signed
same. The nswer was evidently
made in the negative by a shake Of
the head. Was given bunch Of
checks and notes and was asked to
pick out the promissory notes, but
failed, picking out two checks in
stead. Shook head when asked if he
left Dickinson in 1914. Nodded when
asked if he was at Rochester in 1908.
Seemed mixed as to whether or not
he had ever been at Waseca. Indi-
Gated that ne had never been at
Roslyn, Washington. Asked to write
Is. Wrote down figures from 1 to 9,
but seemed to be unable to pick out
the proper numerals for the sum
asked. Was asked several questions
in German and later the same queries
were made in English. Negative
answers were made in answer to
English questions, and the opposite
to the German. Indicated before
questions were asked that he under
stood German. Answered in the af-
frmative when asked in that
language if his parents were dead.
Answered yes to question if he was
married and that he had children.
When asked these questions in Eng
lish he signified no. Then again
asked if he had been in Waseca and
he indicated yes. .
JAMES LITTLE: Is 81 years of
age and at present lives south OF
Gladstone. Has known J. H. Cald-
we'll since 1888; became acquainted
with Jay in 1889. Remembered that
Jay had a finger injured by a rope at
tached to a horse.
CHAS. COLGROVE: SIS years old,
lives IL miles southeast of Dickinson,
owns 116O acres and farms $50 acres,
has occupied the place II years. Has
lived in the county "a years and has
known the Caldwells about the same
length of time. Saw Jay often dur
ing ranching days. Witness said he
had been active in the present litiga-
ton, and neighbors had talked it over
and wanted to see Jay get his rights.
A meeting was held at Gladstone and
the matter talked over and witness
later gave a dance for benefit of ]. C.
R. Saw plaintiff first with Mrs. Pit
kin and Greenbaum near his place.
He was told that plaintiff pointed to
picture of witness on the wall and
made motions that he wanted to
know where he was. Testified that
he took a drive to Lefor with plain
tiff and he asked about buttes and
then about old maids and pointed out
where they used to live. Also pointed
out old trails which are now fenced.
Witness related many other incidents
that J. C. R. recalled by motions.
Stated that he identified J. C. R. posi-
lively as Jay Caldwell.
ABE KNUTSON: Lives 5k miles