The weekly times-record. (Valley City, N.D.) 1912-1922, 1922-01-26
Green and identified by the witness as

ment was introduced and identified b,
the witness as being written by him i,
States Attorney Green's office on tn,
night of June 18th. Fourteen posta
cards were introduced and identified
by the witness as having been writer
by him while he was being held in the
Cass county Jail. These exhibits were
introduced in evidence by States at
torney Green with the statement that
they were gathered for the purpose
Of comparing the hand writing con.
tanned therein with the signature OF
James Terrell on the register sheet
| of the Prescott Hotel on June 9Th
Time was given to counsel for the de-
Tense to look over and examine these
exhibits and the defense counsel OBJ
iected to the exhibit being entered in
evidence on the ground that they were
mmaterial to the case being tried
The matter was argued before Judge
Cooley who overruled the objection
During the time the exhibits were be-
ing examined the eyes of the witness
Andy Brown, and GUNNER, met, and
both smiled. GUNNER appeared to be
slightly nervous during Browns tes-
timony, but had better control of him
self than when the bloody exhibits
were introduced yesterday. The state
indicated at this point that they had
concluded their direct examination
which was somewhat of surprise to
the spectators and opposing counsel.
| Under cross examination, Andy
Brown stated that he had been inter-
rogated three separate times by Dep
uty Sheriff Milligan, while being con-
fined in the Cass county Jail. He
stated that Milligan came in one eve
ming and asked him to fill out blank
with number of questions but this
he refused to do. The state objected
to Andy Brown making speech and
relating his experiences while in the
jail and this objection was sustained.
Counsel for the defense seemed at a
loss to know just how to cross exam
inc Brown and so excused him with
the request that he remain in the city
as they might want to call him again.
States Attorney Green stated that the
state had no intention of releasing the
witness from custody at the present
time.
II. j. Hagan, 81, former president
of the Scandinavian American Bank
at Fargo stated that he now lived at
Seattle, Wash, had lived there about
fifteen months and that he was in
court as d voluntary witness. He tes-
titled that he came to Fargo on the
night of June 9th on N. P. train No
4, arriving there about 1856 p. m
He went to the Waldorf, looked in
the door and saw that the chairs in
the lobby were occupied by several
sleeping men and decided that all Of
the rooms were taken. He then went
to the Prescott Hotel to see if he
could get room there. He stated
that he was not familiar with the
Prescott Hotel and had not been in
the hotel for fourteen years, having
stopped there only once and that time
being fourteen years previously. He
stated that he arrived at the Prescott
two or three minutes after one O'Clock
that the lobby was very dimly light
ed and that at first he did not notice
anyone in the lobby. He walked to
the desk and saw man whom he lat
err identified as the clerk and defend
ant GUNNER. He stated that he reg
istered and that GUNNER fumbled and
appeared nervous when getting the
key to his room out of the key rack
GUNNER then took Hagan to his room
which was 81, carrying Hagan's grlE
and preceding Hagan up the stairs
The witness stated that GUNNER APP
peared nervous, fumbled considerably
in putting the key in the key hole ano
had some difficulty ia unlocking the
door. went into the room and fun
bled considerably in switching on the
light. Before GUNNER left the room
he asked him to try the key on the
inside of the door as the difficulty he
had in opening the door led Hagan tt
believe that he might have the same
difficulty in unlocking the door from
the inside. GUNNER tried the key ane
said it was all right. The witnes:
was very tired and undressed i'm
mediately, washed and went to bed. IL
answer to question by Green HI
stated that he had gotten some no
water to wash with from the batl
room across the hall which had beef
pointed out to him by GUNNER. Ha
gan was asleep before 1870 and wa
awakened in the morning by noise
outside his door in the hal, between