The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-22
WALLA DID LAY
! TRAPS ASSERTS
". H. STUTSMAN
Continued From Page One.)

presence Of concealed Burns detec.
tives, and to trap Hall into making
some unguarded statement which
might incriminate him with these un-
known witnesses. Walla asked Holt
day to tell Hall, if the latter asked
him. that Mrs. Walla and children
were at the Holiday home in Baldwin.
which witness testified was not n
fact.
Bank Examiner on Again.
The defense called State Bank Elk.
aminer Waters back to the stand this
morning, when he testified to having
been called down to an insurance Of
flee in the city by Walla. who told Wa
tiers that he was up against it," and
in for about $1,000" Waters admit
ted on cross examination that he
could not tell whether Walla meant
that he had made way with this
amount or only that he would be held
responsible for a shortage in that
sum.
At II: 80 court took a recess until
1870 this afternoon, TO admit of a con.
ference between counsel for the de-
Tense. 1t would not be surprising If
the case went to the jury some time
this afternoon
Eugene NJ. Wallu and not Thomas
Hall now is on trial on the Burleigh
county district court. Holding that in
asmuch as the state had devoted a
day and half to proving that Eugene
Walla could not possibly be guilty
Of the crime Of embeZzlement with
which he stands charged by the state,
the defense has right to take up an
equal amount Of time II il believes it
can prove that Walla was guilty.
and thereby transfer the burden of
this crime from the shoulders Of Hall
to another's, Judge Coffey late Friday
afternoon interrupted Dan v. Brennan
with instructions that he sit down, and
threw the bars wide open to the wit
nesses whom the defense introduced
TO testify TO Walla's alleged frenzied
finance In jamestown.
Brennan Sits Down.
Brennan arose to make his objec-
ton after the defense had begun the
presentation Of its case ind when
Steven Still. jamestown collector and
insurance man, was on the stand ties.
tifying as to accounts which he had
collected or sought to collect from
Walla during the time the latter was
employed in the secretary Of states
office.
THE charge of embezzlement," said
the court in ruling on the states OBJ
lection. consists OF several things,
one Of which is conversion. In 4
charge OF that kind it is proper to
show II it can be done that some
other person converted the property
emhegzled. The state has undertaken
by the presentation of voluminous evi.
dence TO prove that Mr. Walla could
not possibly have converted this
money or have committed the crime
charged, The state has sought to
show where Walla got every penny
paid out. Under these circumstances it
is entirely proper for the defense to
present evidence showing the financial
transactions Of Mr.. Walla."
Attorney Objects.
II object to the courts comments
on this evidence as possible error and
grounds for reversal should we pro-
cure conviction said Brennan.
= You will please sit down." said the
court, land we will proceed with the
trial of this case
- Mr. Brennan sat down. and from
that moment on filed an objection to
every question put by Attorney
Thorpe. for the defense and Judge
Coifey as regularly overruled the
states objections.
State Rests.
The state rested about ; O'Clock
following the redirect examination of
Eugene Walla, the states most ma.
terial witness.
Thorpe. who made the opening ad.
dress for the defense. enlarged upon
Halls long residence in North Da.
kota: his rise from ohscurity throush
his own pluck and perseverance. and
the high place which he has held in
the regard Of friends throughout the
state, The onslaughts which have
been made on his character. declared
Thorpe. are groundless. distored and
unfair.
The very thing that makes almost
every citizen OF North Dakota love
Tom Hall was the very thing that