The weekly times-record. (Valley City, N.D.) 1912-1922, 1922-02-16

Mr.. Brown stated that he had had no
conversation with GUNNER from the
time of Gummer's arrest on June ID
until some time in January this year.
Brown had been called to get a pair
of shoes which Attorney Brickner
brought him and there saw GUNNER
and talked to him for the first time
after Gummer's arrest. During this
conversation Jailer Jim Maloney was
present as were Attorney Brickner, a
man who came with Brickner, and
trustee Roy Murphy. When Brown
stepped up to the groupe GUNNER
gave him part Of box of candy
which he had received and Brown sat
down on the bottom step Of the stair
way to try on his new shoes. While
trying on these Shoes GUNNER lean
ed over the stairrail at the left of
Brown, Murphy was by the right rail
and Attorneys Brickner and Maloney
were in front of him. Mr.. Brown
| stated that Mr.. Maloney was not out
Of sight or hearing at any time while
he and GUNNER were together and
that he thought that if their positions
had been reversed he, Brown, would
have been able to hear everything
that was said.
At this point court was adjourned
for the noon recess.
Brown is still on the stand this at
ternoon. When asked to tell of his
conversation with GUNNER in the
Cass county Jail he said AFTER Gum
mer gave the candy sat down on the
steps and GUNNER leaned against the
stair rail and l said to him Bill, are
you locked up all the time?' He re-
piled: Not all the time. get out in
the corridor once in while He
asked me Where are you?' and l said
in No. 2 upstairs GUNNER said 4
am in No. on the first floor Then
Murphy went upstairs or out doors or
some place and when he came back
Maloney said Come on, Bill, and I'll
lock you up Bill leaned over the
stair rail and shook hand and l said
so long, old man, until l see you
again. and that is all the conversa-
ton there was"
Attorney Murphy read a trans
cript of part Of Murphy's testimony
to the witness and asked him if the
conversation as related by Murphy
had ever taken place at any time, to
. which Brown replied; "No sir, it did
not, and nothing of that kind evel
took place." Brown stated that nc
; entered the hotel the night Of the muir
der and stepped four or five PAGES
into the lobby and GUNNER was not
: visible when he opened the door but
when he stepped into the lobby Gum
:: mer raised his head above the cigar
!; case and leaned over and talked tc
GUNNER. GUNNER stretched and
, arose and came around the counter
and went to the center of the lobby
: and sat down on a settee and Brown
: walked over and sat down beside him
; Witness was instructed to tell Of his
conversation with GUNNER at that
, time and he said: 81 asked Bill if he
had written to his mother lately and
he replied that he had not but eX-
) pected to that night, and l told him
) that had received letter from Nor
ris, meaning Gummer's father, IN
which he asked me to see if | could
get him harness and see about some
, barbed wire. l told Bill l could not
get them at that time and asked him
: to tell his father so when he wrote
} home Bill asked about my girl and
. asked me if there was anything do
ing with her and told him Hell no,
Bill, she's a good girl and / got up
; to leave but Bill called me back and
, said whats the hurry. l said 'how's
business and Bill said well, there's
) a man and his son checked in, cou-
pie of women and some kids, man
: and his wife, and there's good look
ing girl in 80 then got up and told
him not to forget to tell Morris about
the harness and eft. That was alb
soutey every word that was SAID
J about the girl" The witness stated
; that he was not in the Prescott after
10 minutes to l that night. When
asked "Did you write any name at
that time or any time on the hotel
register" Brown said "No sir, did
} not". "Were you ever requested by
GUNNER or any other person tc
l write the name of James Farrell on
the register which Brown replied en-
phatically "No, SIR. Brown denied
: ever having been on the second floor
at any time on the night of June {
r,+~ knf