The weekly times-record. (Valley City, N.D.) 1912-1922, 1922-02-23

Meyer had been in the lobby when
| GUNNER returned to the hotel after
meeting the train at 10 o'clock, and
demanded that the question he ans
wered by yes or no. Barnett object
ed to this as it could not be answered
in that manner and the objection was
sustained. When Green asked Cum
mer if he had not positively stated
to Green and Kraemer in the sher-
iff's residence that Meyer had been
| in the lobby when Marie Wick came
| in GUNNER stated that it had been
his impression that Meyer had been
there but that he was not certain as
to that. Green demanded an answer
Of yes or no which GUNNER refused
for some time to give, qualifying his
answer with the, statement that ne
was not certain but wanted some 9TH
er PERSONS opinion on the matter
Green asked him if he had not made
this statement and that when he had
made it Green had called up Mrs.
Lawrence, who informed him that
Meyer was not in the lobby when Ma
rie Wick came in. GUNNER answered
by saying, "you called Mrs. Lawrence
at my request. Green tried to get
positive answer without Gummer's
statement that Mrs. Lawrence had
been called at his request and had diff
ficulty in getting it. Attorney Green
after much questioning got angry and
said, "stop your grinning and answer
my questions"
GUNNER finally said that he had
found out that Meyer had not been
in the lobby when Marie Wick came
in from what he had been told, not
from his personal knowledge. When
asked by States Att. Green "these
pants (meaning the pants produced in
court) were found Monday morning
were they not?"
GUNNER replied-"You say they
were".
Tells of Smith and "Wife".
GUNNER was not certain that he
had taken a pass key with him when
taking Hagan to his room although
he had stated yesterday that he had
taken pass key. He was quite cer-
tain that the door to room 81 was un-
locked, that he did not put the key
in the door from the outside, that he
did not have any difficulty in open
ing the door and that Hagan was mis-
taken when he so testified.
,- A taxi driver had reserved a room
for Ed. Smith and "wife' about twen-
ty minutes before they appeared at
the hotel. Gunner had told Ed. Smith
the next morning that he had better
leave the hotel before he, GUNNER
went off duty. When asked why ne
had told him this GUNNER said that
Smith had come in without any bag
gage and that Smith had tipped him
off that they were not married cou-
ple when GUNNER took him to the
room.
GUNNER had met train No. a prac-
tically every night to mail letter
for Fred Lawrence but he did not
meet No. q the night of the murder
claiming that he had forgotten about
the train until Hagan had come in
for a room. Green referred to the
transcript of admissions made by Gum
mer in the presence of Green and
Kraemer and read t'why didn't you
meet train No. that night?"
Sand didn't you Say that you didn't
meet the train because O'Brien had
mailed the letter for you?"
GUNNER replied, "If you have all
of my statement there, as You claim
YOU have, you'll see more to. it than
that" -.
GUNNER stated that he had correct
ed this misstatement himself and that
the misstatement was merely mis-
take and no attempt at deceit. Ques-
toned as to his statement that ne IS
supposed to have made to Officer NIL
ligan and which Milligan had testified
to, that he, GUNNER, had friend
with him most of the night, GUNNER
said that this testimony was untrue.
The same thing applied to the testi-
mony of Mr.. Kincaid which had sub
stantiated Milligan's testimony. He
said that Mr.. Leimbacher was mistak-
en- when he said that GUNNER had
told him that he was not asleep dur
ing the night: ~
Slept From 3 to
GUNNER stated, II was doing from
about g. o'clock until 4 o'clock in the
morning an dhad been doing a part
Of the time during the evening when