Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-03-31
CHARGES AGAINST
DIR. ". N. H0TCHKISS
ARE DISMISSED
Justice Court Holds Evidence
insufficient to Bind Defend
ant Over to District Court
Excitement in Court.

| -
ed in the court of City Magistrate
Frank l.. Kellogg this afternoon
when he announced that he did not
deem the evidence offered in the
case Of the state Of North Dakota VS..
Dr. VIM. NJ. HOtchkiss sufficient to
hold the defendant to the district
court. a number of women in the
court room ana several jamestown
residents applauded, a number rush
| ing up to shake hands with the DR..
llotchkiss, at least two present en-
bracing him and giving him a Off
cial French salute.
| The defense based it's case on the
testimony of Col. Hildreth that
there had been an agreement or
understanding that any furniture
belonging to Dr. Hotchkiss which
was used during his term as superin-
tendent of the state hospital for the
insane should be replaced by the
state, and the testimony of DR..
Guest that DR.. Hotchkiss had offered
to return any property belonging to
the state.
| The prosecution dwelt upon the
Identification of the articles by Il
number of hospital employees and
by vouchers, invoices and warrants
in the hands of the state. and upon
the testimony OF the carpenter and
chief engineer of the state institu-
tion that walnut wood had been talk
en- out OF the wood work Of some Of
the buildings and made into house
hold furniture.
Attorneys of the state declined to
make any statement relative to any
new action which might be started.
but called attention to the fact that
there is civil action pending as to
the ownership Of the property in
vclved.
! Politics Injected
Politics were injected into the
case when Attorney Thorp asked O.
| b. Lund, auditor and accountant Of
| the state board Of administration if
| he had ever heard it said that lead
ers Of the present state administra
tion had declared, when it was
learned that Dr. ,Hothkiss had sub
scribed to the /. V. A. fund. We'll
we can't fire him for that. as that is
politics. We will have to get him
some other way
I.und denied having heard any
such statement and also denied ever
| having knowingly talked with Oscar
Seller. He admitted that he had
| heard that Il detective was being en-
plOyed to gather evidence i'll the
case and that some afIidavits had
been made, but that they were not
being gathered by Mr.. Seller but by
Il man whose name he thot was Muir
] ray.
The attorneys for the state got a
| laugh at the expense OF the defense
| when Lund was asked. Then you
| knew that this boy was up there
with a trap laid for him?"
Lund looked up with blank ex-
preston and asked, What boy?"
Tho laugh came when Thorp re-
piled. "Why. DR.. Hotchkiss here.
Identified Rugs
I.und identified the rugs as having
| the same numbers and letters as
| those listed in the invoices and rec
ords of the state, but said that he
could not swear that the numbers !.
pasted on the rugs had not been
changed as they had not been under
| his observation all of the time.
He also stated that he had been
present when the goods were seized
! by the sheriff and had examined
them more closely after they were
LuheII ~ luc HOSuIIdi. oNAA
that he had been employed by the
! state since September 1919.
Lawyers Have TiltS
The attorneys had several tilts.
much to the amusement of the crowd
of spectators which packed every
inch Of available space in the magis-
trates office rooms. Attorney Weeks
declared that it was mighty small
practice. for the attorney for the de-
fense to attempt to inject hearsay
and rumor into the case and Attor-
ney Thorp retorted that it was
mighty small practice" for the state
to lay trap in order to convict 4
man.
II. G. Flint was called and testi-
fed to the packingrof the furniture
for DR.. Hotchkiss. He said that he
had been instructed by the McGin
mis- family to pack the furniture and
that he had packed it as an accom-
mediation and delivered it to the
Midland Continental station. He
said that he did not bill the goods
as he did not know DR.. Hotchkiss
address but had telephoned to the
McGinnis residence and told them
that the goods had been delivered
at the depot. This was the day be-
fore the goods were seized. Mr..
Flint was not cross examined, the
defense admitting that he had been
employed to pack the goods. and the
state explaining that his testimony
was merely introduced to show how
the furniture had been transported
to the station so that no question
might arise to- it later.
Testimony OF f.. II. Clark U.s.
Ernest Eugene Clark, who said
that he was usually known AZ
Gene" Clark and had been employ.
ed as farmer at the state hospital
for eleven years and nine months.
testified to having heard membsrss
OF the board Bof trustees say come.
thing about sc the Doctor ussd his
own furniture it vkouid ~ rsplsc ',
second TIT bstwe e4n the alawyerl
Continued ions ss,ssys s.s