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

had not. After the officers visit to
his room Mr.. Hagan got up, dressed
and went out of the hotel to get his
breakfast returning to the hotel about
| IL o'clock noon, when he stepped out,
took his grip, and went over to Moor
head. Hagan reiterated his statement
that he had heard absolutely no noise
during the night and had not been out
of his room after retiring at 1880
and before being awakened by the Of
ficers in the morning.
Under cross examination Hagan
stated that when he came in to the
Prescott Hotel on the night in ques-
ton GUNNER was seated behind the
desk and that it was necessary for
Hagan to make some noise to arouse
him. After getting Gummer's atten.
ton he made some inquiry as to the
rates for rooms in the hotel, told Cum
mer that he wanted a clean bed, and
asked for one Of the rooms carrying
the rate of $1.25. He then registered.
He did not recall having seen anyone
else in the office or lobby while he
was there. He stated that GUNNER
got the key to room 81 from the key
rack. When questioned as to how
much fumbling GUNNER did in getting
the key the witness appeared irritated
but after several questions admitted
that GUNNER had produced the key
without any more fumbling than
would ordinarily be required in find
ing key in a key rack which was dim
ly lighted and that it did not take
GUNNER more than two or three Sec
onds to produce the key. After pro-
ducing the key GUNNER took Hagan
directly to room 81. A number of
questions brought out the fact that
GUNNER did not tumble when insert
ing the key in the key hole any more
than a person would ordinarily in
dimly lighted hall. Hagan also admit
ted that when entering room 81 he
personally could not see the electric
light bulb and admitted that Gum
mer did not tumble unduly in locating
the bulb and turning on the light and
that the light was turned on by
GUNNER within an instant after en-
tering the room. The final question
asked of the witness was "did you
ever have any conversation with a
man named C. L. Thomas either in the
lobby of the Hotel Prescott or in room
31?" Hagan replied absolutely not"
Hagan was excused at this point with
the request that he be prepared to
take the stand again this afternoon.
John Wertin, 68, of Fargo, testi-
fled that he was employed at the
Herbst's Department Store, that he
occupied room SIS on the fourth floor
of the Prescott Hotel, that he retired
at $3.50 on the night in question and
arose about 7:30 the following morn
ing, went down stairs, left the key
to his room at the desk, told the Of
ficers there that he had heard no
noises during the night and went his
way. He was excused without cross
examination.
Attorney Barnett had bad cold
this morning and had considerable diff
ficulty in keeping his voice under con-
troll and he requested Judge Cooley to
call recess at this time which the
judge did, recessing the court at 1885
When court recessed at 1855 this
morning about two-thirds of the spec
tators remained in their seats, pre-
ferring to go without their dinner
than to run the chance of losing their
places in the court room. At 2 o'clock
the court room was jammed owing to
the fact that it was reported around
town that Hagan would be returned to
| the stand during the afternoon ses-
sion, and it was estimated there were
fully 400 people in the room. When
| the jury, attorneys and court attaches
| were in their places the jury roll was
called and Judge Cooley announced
that recess would be taken until Mon
| day morning at 10 o'clock.
AS the case progresses there is a
| noticeable increase in the number of
women and girls in attendance in the
court room. Spectators began arriv-
ing this morning before six o'clock
and when court convened the room
was jammed. The first witness call
ed was John Van Worst of Fargo, who
stated that he had been night watch
man at the Herbst Department Store
for the past two years and held that
position at the time of the murder of
Miss Wick. The witness and family
lived in the annex of the Prescott Ho-
| tel at that time. He stated, in des-