The weekly times-record. (Valley City, N.D.) 1912-1922, 1922-01-26

i
. that was owed him. Gunner was
; alone in the office when the witness
came in. The witness stated that he
|, had not been in the hotel between
supper time and 1880 and had no
knowledge of the fact that there was
a girl staying in room 80 that night
The witness stated that GUNNER call
ed Fred Lawrence on the phone and
that he went upstairs and saw Law
renee in his room. He got the money
from Lawrence went out, and sent a
telegram to Bismarck, went to res
taurant and had lunch, was around
for some time with friends and start
ed back to the Prescott Hotel. On
his way back to the hotel he saw a
friend, Carl Jaeger by name, in the
lobby of the Waldorf and went in and
talked to him few minutes. He then
went to the Prescott, arriving there
about ~ o'clock. GUNNER was alone
in the lobby. The witness retired i'm
mediately but did not feel very God
and did not go to sleep for little
while and slept lightly most Of the
night. He came down stairs the next
morning about 10 o'clock. He re-
members there being knock at his
door and the door knob being ratified
about 8 o'cock that morning but did
not open the door. He stated that he
did not hear any unusual noises dur
ing the night and did not leave his
room between the hours of IL mid
night and ten o'clock a. m. Under
cross examination he stated that on
going down stairs the morning fol-
lowing the tragedy he was asked by
man in the lobby, whom he later
identified as Deputy Sheriff Milligan
as to what time he had got in the
night before. The witness stated that
on the following Monday he was ar
rested by officers in Fargo and plac-
ed in jail about o'clock in the eve
ming, remaining there until some time
on Wednesday. Defense counsel asked
under what charge he had been ar
rested. Prosecution objected to this
and was sustained. The witness stat
ed that he worked for a man by the
name of Houser in Fargo for three
days. States Attorney Green brough
pair of trousers before the witness
and asked him if he had ever owned
them or had ever seen them before
to which the witness replied that ne
had not. The witness was then ex-
cused.
Albert Rosenwater, of Powers Lake
N. D., stated that he had been idle
| since last May having been i'll with
sciatica rheumatism and had walked
with crutches or two canes since
March l, 1921 He stated that he
had been a resident in room No. 80
of the Prescott Hotel since May l.
On the night in question he went to
. his room Immediately after supper:
laid down on the bed and slept until
10 D. M, at which time he got up,
went out to the N. P. lunch counter
} and had lunch and was back in bed
} when the court house clock struck
the hour of 1920. The witness did
not remember just when he went to
> sleep but does remember hearing the
court house clock strike the hour OF
II. and did not hear it strike II, so
suppose that he fell asleep some time
between these two hours. He awoke
about six o'clock in the morning, got
M and was at the N. P. lunch coun-
ter having breakfast by o'clock. lie
stated that he had heard people IN
the hall about $50 that morning, or
shortly before he left the room, but
had heard no noises during the night.
Questions asked by counsel for de-
, Tense in cross examination brought
ont the fact that there was some DIT
: ference in his testimony as to the
time of retiring! between the testl-
mony given at the preliminary hear
ing and at the present time. However
this appeared to be imn1aterial. Inc
) witness stated that no one came into
his room that morning after he awoke
and that no one had accosted him un-
til he returned to the hotel about 7:3O
at which time an officer questioned
him as to whether he had heard any
noise during the night. He told the
, officer that he had not. He had no
: personal knowledge of any officer
having been in his room to examine
: it at any time. He was excused.
At this point States Attorney Green
: entered in evidence a number OF ex-
, hibts which had been introduced IN
: testimony previously and passed them
2 around among the jurors: All exhlo-
ire introduced peviOus to this time