The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-01-01

| DICKINSON, ~. d., Jan. 1.-The en-
acting of another chapter in the fa-
nous u. G. r." case was begun in
district court. and the "mari of mys-
terry is again making an effort to es-
tablish his claim of being Jay Allen
Caldwell, the wealthy rancher who
1 mySteriously disappeared from Stark
county in the fall Of 1907. Scores of
old neighbors of the Caldwell family,
who believe that 81. G. r." is in real
ity Jay Allen Caldwell. are financing
the suit which is now being heard by
Judge w. l.. NuessIe of Bismarck,
Owing to the long acquaintance of
Judge w. c. Crawford with the Cald-
wells, he asked that another Judge sit
in the case. hence the employment of
Judge Nuessle. The plaintiff is repre-
sented by the attorney firm of Casey
& Burgeson, while w. #. Burnett of
| Dickinson and F. II. Register OF Bis
marck represent j. H. Caldwell, the
defendant, who positively denies that
-. c. r. is his son.
Mrs. Mae Moran Of Dickinson,
daughter of ]. III. Caldwell, was the
first witness called by the plaintiffs
attorneys. After reciting her own life
history, she testified as to the history
OF her brother. Jay Allen, saying that
he disappeared from the farm home
in the fall Of 1907 She stated that
she heard nothing of him until she
discovered in 81. c. r." her long lost
brother. The Identification was made
absolute, she stated, by the aid of
marks on the body of az. c. r." which
tailed absolutely with marks on the
| body Of her brother. She told of a
mark over the eyebrow; a scar be-
hind the left ear, alleged to have been
received in a scuff1e with his father;
a rope burn on his right hand and
a scar on the back Of the head sus-
tanned from the blow Of beer bot
tie.
Mrs. Moran testified rnat the first
trace she received Of her missing
Urinary at Chicago. Later when the
man was brought to Dickinson by
Mrs. Fl. E. Pitkin Of Chicago, she rec
ognized him as her brother. "LI. c.
r" later lived at the home of Mrs.
Moran and their daily association
confirmed her belief that he was in
reality her brother.
William Colgrove, for some years
past county commissioner of Het-
finger county followed Mrs. Moran on
the stand. He stated that he owned
ranch near the Caldwell place and
had been intimately acquainted with
j. H. Caldwell and his son Jay Allen,
since 1885. He was positive in his
Identification of the plaintiff being
he had used in arriving at this opin-
ion, among which were included the
naming of places familiar to old tim
ers in the .neighborhood. Although the
plaintiff is partially paralyzed and
unable to talk, Mr.. Colgrove said that
he made himself quite clearly UNDER
stood by means of signs.
Mrs. Peter Bratberg -stestifed that
she and her husband have resided in
the Caldwell neighborhood for nearly
rs years. and that she knew Jay Allen I
Caldwell as intimately as if he were
her son. She positively identified the
plaintiff to be the man in question,
This testimony on the part of Mrs.
Bratberg was later supplemented by
her husband. Mrs. Bratberg stated
that she recognized the man immedi-
ately upon seeing him about year
ago. The recognition was mutual and
both 3wept, as she maintained that she
had practically been a mother to Jay
Allen Caldwell during several years of
his boyhood. l.,
John Elken, residing nine miles
that he worked with Jay Allen Cald-
well and frequently went swimming
with him. He maintained that his
was made complete by
the examining of the right foot Of
81. G. r." the toes Of which were of
peculiar shape. Another item of
Identification was crippled thumb.
He stated that u. c.. r." stayed at
his farm for several weeks during the
past summer, and that his wife at
tempted to teach the unfortunate man
the alphabet but without avail. The
only letters that he is able to form,
to Mr.: Elken, are II. C. r."
and those composing the initials and
name, u. A. Caldwell" He also told
of other tests which tended TO prove
that the man is without question Jay
Allen Caldwell. ...
M. G. Brown of Gladstone also tes-
titled to the identity Of the imam of
mystery" stating that he has known
J. III. Caldwell and his son since 1884.
Mr.. Caldwell. senior, maintains that
~. C. r." is a fraud and is not his
son. He is supported by able attor-
neys who say they have absolute
proof bearing out the contention OF
the elder Caldwell.
Thus the case rested on Friday