The Dickinson press., 1917-01-13
TESTIMONY OF WITNESSES
IN FAMOUS J. C. r. CASE
Continued from page seven)

Continued from page seven)
since 1899 and saw Jay frequently.
Saw plaintiff last summer at Tavlor
and found his answers right on num-
Der of test questions and wrong on
some others. Does not think plaintiff
is Jay Caldwell.
JOHN A: Lob: Lives in Glad
stone, but lived 20 years on a farm z
miles from Caldwell ranch. Saw Jay
last time on 21st of July, 1907, at
wedding of witness. Saw ]. C. R.
two years ago and could not recog-
nize him as Jay as he was unable to
answer any questions put to him.
Witness could not pick Jay out of a
group photograph but recognized the
large photos.
VIM. CHALoNER: Resident of
Stark county for 26 years, in live
stock business as rider, cowboy and
ranchman, now lives in Mckenzie
county. Knew Caldwells since 1892,
and broke horses at Caldwell ranch at
intervals during S years and Jay
worked with him. Last saw Jay in
September, 1907, working with him in
corrals. Testified that Jay was about
s feet 8 inches tall. Saw plaintiff 2
years ago with Mrs. Pitkin and
claimed Mrs. Pitkin coached plaintiff
in answers to questions and finally
Mrs. Pitkin told witness to "get to
b. out of there" Saw plaintiff
several times after that and he did
not at any time show slightest in
terest in witness. Related circum-
stance Jay and himself had while
breaking horses at the ranch, and de-
scribed CRIPPLED finger of Jay. Wit
ness is positive that plaintiff is not
Jay Caldwell. Cross examined by Mr..
Casey witness said Jay was slightly
taller than himself and witness proved
upon measurement to be 5 feet 9A
inches tall. The question was brought
about the footwear of Jay making a
difference in height. Witness denied
that J. H. Caldwell had staked him
in ranching business and denied that
he owed the elder Caldwell any
money. Positive in Identification and
replied to Mr.. Casey's question about
identity: "The comparison between
J. C. R. and Jay would be about the
same as between you and a Niger"
H. w. DAVID: Has known the
Caldwells 9 or 10 years, lives ~
miles northeast of Dickinson at pres
ent. Saw plaintiff when Mrs. Pitkin
had him in charge 2 years ago.
Asked plaintiff if he knew him and re-
ceived no answer. Plaintiff finally
wanted to shake hands with him and
gave pantomimic nswer to several
questions correctly. Witness did not
want to say positively whether or
not J. C. R. was Jay Caldwell. On
cross examination by Mr.. Casey wit
ness said plaintiff did look like Jay.
ED. w. McKENNA: Master me-
chanic of the Northwestern Improve
ment Company's mining interests and
lives at Roslyn, Washington. Mr.. Me-
Kenna is an old time family friend of
the Caldwells and came to North Da-
kota with the family from Chicago in
1882. He lived with the family for
four years and later took up a home
stead near the Caldwell ranch. He
is Sd years Of age and was a COM
panion of Jay for several years,
worked with him and slept with him
when he was a small boy. Witness
left North Dakota in 1898, and did not
see Jay again until April, 1907, when
Jay visited him at his home in
Washington upon returning from a
trip to California. He had not seen
Jay for ID years but they recognized
each other Immediately when Jay
arrived for a visit. At that time Jay
told witness that he did not expect to
spend another winter on the ranch
in North Dakota. Witness then
moved to Missouri and expected Jay
to visit him in the fall Of 1907 and
had a letter from Jay to that effect.
Months later he learned that Jay had
disappeared and witness made every
effort to locate him. Sent letters and
of Jay to the secret service
departments of the Northwestern, the
Northern Pacific and the Great North
ern in the hope of locating him and
had an attorney named Swindle try
to find him. All of the Investigations,
however, did not succeed in locating
his whereabouts. Witness said that
he finally arrived at the conclusion
that Jay had been lost in a wreck
he said occurred a short time
Jay disappeared on a railroad
over which Jay would have travelled
to get to the home of witness in Mis-
souri,. The wreck occurred the latter
part of October, 1907, and about
people we're reported missing.
Stated positively that plaintiff is not
Jay Caldwell and that plaintiff had
never shown any signs of recognizing
him. Witness came here in 1914 at
his own expense to see if J. C. R. was
Jay and was convinced that it was
not Jay and went back home without
seeing plaintiff. He gave a minute
description of Jay Caldwell and stated
that he would have known him in
regardless Of physical condi-
ton and the fact that he had not
seen him for IL wears. Witness came