The weekly times-record. (Valley City, N.D.) 1912-1922, 1922-03-02

ing the evidence as presented by the
state.
Judge Barnett will address the jury
tomorrow morning and will review
the evidence as presented by the de-
Tense, contending that the charge
against the accused has not been
proven, that no evidence tending to
show his connection with the crime
has been presented, and that the con-
tention of the accused that he is
innocent of any connection with the
murder of Marie Wick is shown to be
a fact.
The case will probably be given to
the jury, with the instructions Of the
court, late tomorrow.
At the opening of court this morn
ing the. state entered stipulation in
evidence made by the foreman Of the
J. I. Case Co., in Fargo. This state
ment sets forth that the foreman
would, if able to be present, testify
that John Storlie, who testified that
he was at the Prescott hotel on the
afternoon of June 7th, was not at
the hotel that afternoon, but was at
work for the J. I. Case Co. from 1
p. m. to p. m. of that day.
Mr.. Storlie had testified that he op-
ened the door to room 40 that after
noon with a hat pin which he bent
and used in picking the lock. Capt.
Welsh and Officer Mcdonald both re-
futed his testimony, saying that he
did not open the door but that they
had opened it themselves with key
furnished by Mrs. Lawrence.
States Attorney Green completed
his initial address to the jury at 500
o'clock yesterday afternoon.
When court convened at 10 o'clock
this morning Judge H. w. Swenson
opened the plea for the defense, stat
ing that there were certain points of
the case with which he was more ia
miliar than Judge Barnett and for
that reason Judge Barnett has asked
him to cover those points before the
Judge began his address. Judge
Swenson talked to the jury for one
hour, completing at HOO when Bar
nett began his address. Judge Bar
nett had not completed his address
when recess was taken for the noon
hour and it is hardly probable that
the case will go to the jury before to-
morrow.
Judge Swenson Addresses Jury
Judge Swenson began his address
by stating that testimony which has
been introduced shows that the de-
PENDANT, GUNNER, was at his place at
the desk at all times whenever any
one came to the hotel on the night of
the murder. He said that great stress
had been laid, by the state, upon the
fact that the murdered girl had been
assaulted between IL and l O'Clock.
Testimony has shown that Mrs. Law
renee had not retired until about IL
o'clock, nor had Mrs. Van Worst left
her downstairs apartment until mid
night. Testimony has also shown that
J. ]. Meyers had come into the hotel
and seen Fred Lawrence about II o.
clock and did not leave until few
minutes after that hour. Andy Brown
came in at 1925 and stayed in the
lobby until 1880. About 10 or Is
minutes after Brown left the hotel II.
J. Hagan came in and found the de-
PENDANT apparently doing behind the
desk. No witnesses have been pro-
duced to refute Browns testimony as
70 the time he was at the hotel or the
time he left, although his leaving
time could have been easily checked
up by the proprietor of the Grand
pool room, where Brown claims to
have been about 100 o'clock.
Judge Swenson said that the testi-
mony does not show that GUNNER
had tried to throw suspicion on j. j..
Meyers, although the state had ar
gued that this had thrown suspicion
toward GUNNER.
Judge Swenson stated that all the
guests arriving at the hotel between
midnight and three o'clock had found
the accused at his place behind the
desk with the single possible excep-
ton of James Farrell, and, since there
is no refuting testimony, the conclu-
sion must be drawn that he also found
GUNNER behind the desk.
Refers to Expert Testimony
In referring to the handwriting tes-
timony Judge Swenson stated that
the state had first gone to F. l.. Wat
kins with the disputed signature and
the undisputed specimens of Browns
handwriting but that Mr.. Watkins
opinion evidently did not coincide