The Dickinson press., 1917-01-06

were in Dickinson he indicated 4 on
his fingers; then changed this TO 3
He indicated that there were 2 banks
in Dickinson when he came here first,
then later changed this to one.
Knows where Taylor, Bismarck, Sc
attic and San Antonio are located, but
shook head upon mention of Belfield.
Mandan and CleElum. When askc,
II ne ever were in Baltimore he
thought for a while and then seem
lngly became quite excited and COM
menced a singing sound, seemingly
indicating an officer at attention hold
ing a drawn sword. He was shown
a picture Of Admiral Dewey and asked
II he knew the picture. He indicated
yes. Also pointed to pictures of Ex-
president Mckinley and Capt. r. D.
Evans, and in connection with the lat
ter attempted to depict a drawn
sword.
He implied that he knew Mrs. Pit
kin and Dr.. Stickney. Shrugged his
shoulders when asked if he could I'M
derstand German. Answered in the
affirmative when asked whether or
not ne could play the violin. Witness
about this time became sullen and re-
fused to answer any more questions.
He later indicated that he had made a
trip in 1906 and 1907, and tried to
pick out his route on a map, but failed.
Recognized as his the signature on
two checks made out by Jay Allen
typhoid fever.
Plaintiff identified a picture of him
self and Mrs. Pitkin. Was asked if
Mrs. Pitkin was his mother-shook
his head. Witness seemed to indicate
nc was tired, and was excused from
the stand for the remainder of the
day.
Testimony of Mrs. James Moran
Mrs. Moran having been called as
a witness in behalf of the plaintiff,
having been first duly sworn, testifies
follows: Direct examination con-
Quoted by MI. Casey.
T.. Where do you live, Mrs. Moran?
A.. On the south side in Dickinson.
Q. And how long have you lived in
Stark county, North Dakota? A. We
came here in eighty three.
Q. You are the daughter of James
H. Caldwell, the defendant in this ac-
ton? A. Yes, sir.
Q: And you are the sister of Jay A.
Caldwell? A. Yes, sir.
O.. The plaintiff in this action?
A. Yes, sir.
@. How old are you? A. Forty
five.
@. Do you remember the year that
you moved to this county? A. Yes,
sir.
9. What year was that? A. 1883,
May 10th.
Q. How old were you when you left
your fathers home, Mrs. Moran? A.
When I was first married?
@. Yes. A. l was twenty-five.
@. Up to that time you had lived
at home? A. Yes, sir.
Q. And your brother, Jay A. Cald-
we'll, lived with you up to that time?
A. Yes, sir.
@. Do you remember the year in
which your brother left? A. Yes,
sir, in 1907.
@. How long before he left this
county did you see him last? A. 1t
was about two weeks before.
@. Has this brother, Jay A. Cald-
we'll, ever returned to Stark county?
A. Not during the time up until two
years ago.
@. Then did he go away again af-
ter a while? A. Yes, sir.
@. When did he return again, if
at all? A. A year ago-No, last
March it was.
@. Last March? A. Last March,
yes.
@. Is this brother of yours present
here in the court room at the present
A. Yes, sir?
@. And he is the plaintiff in this
action? A. Yes, sir.
@. How old is your brother, Jay A.
Caldwell? A. He was forty-four the
day after Christmcs, the goth of this
month.
@. And how long did you live with
your brother at your fathers home,
how many years? A. Until | was
twenty-five.
@. And you were associated there
together all the time during that
twenty-five years? A. Yes, sir.
@. And you knew your brother, OF
course, very well?. A. Why sure.
@. Now, when you saw Jay A. Cald-
well about two weeks before he left
Stark county in 1907 what was his
condition, physically, was he all well?
A.. Sure. ,
@. When Jay A. Caldwell returned
to Stark county what physical condl-
ton was he in? A. The same he is
now, only he is better today than he
was then.
@. Just tell the court what his con-
dition was when he returned. A. Par
alyzcd in one side.
O.. Did he or did he not have con-
troll of his voice so he could speak!
A.. He cannot speak.
@. Had or had he not changed in
appearance in any other way? A.
Grown older. -,
@. Before leaving Stark county did
he have any marks on his person that
you would be able to distinguish him
by, even tho you didn't know him by
sight? A. Yes, sir.
@. Will you please state what those
marks were? A. He had a mark
over his eyebrow, one that was done
in Chicago before he came here, by
being hit with a baseball bat.
@. Any other? A. He had one be-
hind his ear where he and his father
had a quarrel, and he put up his hand
to ward off the blow and he received
-- L. -.sJJ1o f,,ocor orI he