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

bench to make q statement TO Cne
Judge a matter of record. Attorney
Barnett Joined the trio before the
Judge and the matter was argued pri-
vately in his presence. At the end Of
which argument the Judge overruled
the objection. In answer to the ques-
ton in dispute the witness stated that
there were only a few cents found in
the pocketbook. There were two suit
cases, or rather suitcase and q small
grip in the room in which the be-
longings of the deceased were ar
ranged neatly and did not appear to
have been disturbed. The witness then
found necklace in one of them. In
describing the condition Of the bed:
bed clothing and body, as it appeared
to him on first entering the room wit
ness stated that there were pillows on
the bed and near the head Of the body
from which the pillow cases had been
removed. He stated that the pillows
were set aside and laid on the floor
during the examination of the body
and that the body was not disturbed
in any particular other than the re-
moval of the pillows and the with
drawal of the bed clothing covering
the body. The bed. clothing was again
drawn over the body after the exam
nation but before the photographs
were taken but before the pillows
were returned to the position in which
they were originally found. Aside
from these particulars as stated the
photographs were identified by the
witness as representing the true con-
dition of the room when he entered.
The witness stated that the towels
which had been used in removing ira
ces of the crime were found under the
bed clothing. At this point piece Of
the wall paper which had been cut
from the wall of the room and which
showed a bloody smear or mark
was entered in evidence by the state,
and was identified by the witness as
having been removed at his request,
but not by him. Another piece of
wall paper showing finger prints was
entered in evidence at this time and
identified by the witness as having
been taken from the wall Of the room
in question.
The witness was referred to the en-
larged photograph which has prevl-
ously been entered in evidence and
said that it represented true and
correct condition of the body and bed
as found by him. He said that the
right hand and arm bandages folding
the same had but few smears of blood
on them. This arm was securely tied
with seven or eight knots in what ap-
peared to be piece Of sheet. The
left arm was not as we'll tied. there
being considerable play in the ban,
dage holding it and the hand arm:
and bandage being covered with blood.
The face and head were also entirely
covered with blood. The face and
head were bound with a bandage or
bandages torn fir moa sheet. These
were entirely blood soaked. The wit
ness stated that while the head and
face were badly cut he did not find
any cuts below the throat. There was
a large pool of blood on the carpet
covering the floor underneath the bed.
The photograph taken of the bed and
body was at this point passed among
the jurors. The witness stated that
the only mark or bruise he found on
the body below the throat was a
bruise or rather an abrasion on the
skin on the inside of the left shin
about six or eight inches in length.
There were bloody smears on both the
hips of the body. These were very
thin but quite distinct.
Court attaches brought in the car
pet, pieces of flat paper, mattress and
the head of the bedstead which were
in the room at the time of the tragedy
These were entered in evidence by the
state. The carpet was arranged be-
fore the jury and witness in such man
ner as to show a large blood spot near
one edge. The witness stated that this
carpet was the one found in the room
when he examined the premises that
morning and that the spot indicated
was made by large pool of blood
which was not dry at the time he first
examined the room. Next the pieces
of felt paper, three in number, were
displayed before the court and iden-
titled by the witness. These pieces
Of paper showed traces of blood which
had soaked through the carpet cover
ing them. The state then returned
the carpet before the jury and witness
and drew attention to number of