The Dickinson press., 1917-01-13
COURT DECIDES
THAT "J.C.R. us
not Caldwell
Summary of Judge Nuessle's Decision

In rendering his decision in the j.
C. R. case this morning, Judge
Nuessle laid great stress on the fact
that the intense interest manifested
in the case from beginning to end was
to his mind a great tribute to the
character of Jay Allen Caldwell. Old
friends and neighbours, honest in their
opinion that the plaintiff in this case
is none other than Jay Caldwell, tes-
titled without hesitation to his iden-
tity. The judge gave the case his I'M
divided attention and stated that he
could, if called upon, make a fair
presentation of the case both for the
plaintiff and the defendant. But it
seemed to be a matter of psychology,
aside from the legal phase of the
case. He laid stress on the recollec-
ton and independent memory of one
person of the features and general
characteristics Of another and cited
a a in his own personal experience.
Viewing the evidence of the wit
nesses for the plaintiff as against the
witnesses for the defense, Judge
Nuessle classified the testimony and
stated that the testimony for the de-
PENDANT was principally from records
obtained from various ources which
were made prior to the beginning of
this case and prior to the time of the
disappearance of Jay Allen Caldwell,
S % there could be nc room to doubt,
nor had the plaintiff introduced testi-
mony to show their inaccuracy. He
stated that the defendant had shown
positively that the imam of mystery"
vas picked up in Waseca or June 20,
1907, while it was also shown posi-
lively that Jay Caldwell did not dis
appear from his home until the fol-
lowing October of the same year.
This testimony was mistaken except
by the testimony of witnesses who
had no knowledge of the facts. He
pointed out that all the testimony in
behalf Of the plaintiff showed that the
plaintiff seemed to be a little shorter
than Jay Caldwell, taking into con-
sideration his physical deformity,
and that the defendants testimony
showed beyond doubt from official
records from doctors and institutions
that Jay Caldwell's height was 5 feet
So inches and the height of the plain
tiff was but S feet and a inches, a
shrinkage in stature of at least 49,
inches, which, as expert testimony
shows, is a physical impossibility.
Comparing the photographs of the
plaintiff and J. C. R., Judge Nuessle
said that without question they were
photographs of two seperate indi-
viduals, and that that question alone
would warrant the court in holding
that the plaintiff is not Jay Caldwell.
He made direct mention Of the "un-
speakable Mrs. Pitkin" and the "un-
speakable Greenebaum," for their ef-
forts to get information on behalf of
the plaintiff and their subsequent acts
until they dropped the case
In conclusion Judge Nuessle said
in substance: Judgment Of the court;
is extended for the defendant, and the
finding of the court is that the plain
tiff is not J. A. Caldwell. The finding
of this court in this particular case,
however, will not in any way change
the right Of J. A. Caldwell to come
into court at any future time, should
he return, and seek to quiet title to
the property involved in this case"
The identity trial of "the man of
mystery" has been one of the most
famous ever tried in the northwest,
and a national interest is taken in
it's outcome. Splendid work was done
by the attorneys for both sides
Casey & Burgeson for the plaintiff,
and w. F. Burnett and F. H. Register
for defendant. The last is at an end,
as far as the Stark county district
court is concerned, and it is not known
as yet whether or not motion will be
made for a new trial.
The decision in the case by Judge
Nuessle is being received by salts
faction by many people, and with dis
satisfaction by just as many. No one
can charge, however, but that the
judge was honest in the rendition of
the opinion.