Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-02-09
lace tomorrow morning.
(By Staff Correspondent.

{By Staff Correspondent.)
Valley City. N. d., Feb. .9.-Attor-
neys for William GUNNER charged
with the murder Of Marie Wick at the
Prescott hotel in Fargo, launched
their first counter attack today in the
battle for Gummer's liberty. which is
district court
Not Browns Writing. Says Watkins.
F. L. Watkins Of Fargo. a hand
writing expert testified that he was
Of the positive opinion that Andy
Brown Gummer's roommate did no.
write the names James Farrell, Will
mar on, the Prescott hotel register
on the night Of the crime as is being
contended by the state. If the de-
Brown did not write this name, it
will have removed one of the strong
est factors in the states case against
GUNNER.
Outlines Defense.
In outlining the plan of his defense
to the jury, W.. j. Barnett, Gummer's $
chief attorney. revealed in q general
way, the, line thai win be- Ia. N Z
also announced in this address that
the defense. win place both GUNNER
4llIIlENNl, AUu, AuSiy hEO"A OH IAO "AS
Meas stand to prove its contentious.
Cross Examines Officials.
Aside from the testimony Of the
HANDWRITING expert. the defense this
morning concentrated its efforts on
cross examination of States s Attorney
William Green .,Jand.s sheriff Fred
Ksaen,er: f,a4s county, both ~. q
whom Had pgeviouEly lsstf ftiea tfr,. II.
state. The defense attempted to show
by this cross-exainifiation that the ad-
missions: made by GUNNER, to tn.
Cass county officials which have beer
placed in evidence were largely Oh
tatned through third degree method,
practiced. In the Cass county jail. Boz
of the officials denied; however, thai
there had been any third degree prac-
ticed on GUNNER, before Or during the
admissions which have been testified
to and Mr. Barnett was prevented by
a ruling of the court as to what had
happened subsequent to the making
Of these admissions. ." -
offered Proof.
In this connection Mr.. Barnett in
the judges chamber made an offer
of proof that GUNNER had been i'll
treated; that IN electric light had
teen flashed on and off in his eyes;
that he had been pushed and thrown
around his room in the Cass county
jail and that he had been threatened
with a possible lynching If he was
not taken to Bismarck Mt once. This
was made for purposes Of record. the
jury being excluded while the offer
Of proof was being made.
In his address to the jury outlining
his case. Mr.. Barnett admitted that
ne had little positive proof as to who
murdered Marie Wick but declared
that he had abundant negative proof
!, to show that GUNNER did not commit
the murder
To Account for Actions.
He stated that all of Gummer's &C
be accounted for in a satisfactory
manner. Other points which the de-
tense will bring out. according to Mr.
Barnett, are that there have been
misstatements by witnesses for the
state and that they have not brought
out the whole truth as well as that.
most of the information which the
i tanned from the defendant himself.
"Mr. Green has tried to prove that
Andy Brown wrote the name of
James Farrell on the hotel register =
said Mr.. Barnett I'VE will bring ex-
perts who will tell you that it is inn
possible that Brown wrote this. We
will also put Brown himself on the
write it and we will take the defend
ant GUNNER and ask him II Brown
wrote it,
First Announcement.
This is the first time during the
any of Its plans. Judging by the re-
marks OF Mr.. Barnett. however. II
win take several days for the defense
to complete its testimony and It ap-
pears doubtful II the case Will be
completed by Saturday night. Al
though the state rested Its case late
Wednesday afternoon 1t Is still pos
sible that it will put in testimony BY
way OF rebuttal after the defense has
finished. f a
Had "8lystery Witness .
The last hour Of the session We'd
nesday afternoon was marked by the
putting on Of the states mystery wit
ness Roy Murphy. who said that hil
real name was o. l.. McDermott. He
told OF q meeting alleged to have TAX
en- place between Brown and GUNNER
while they were both confined in the
Cass county Jail at which each urged
the other to stand pal" @
Several Arguments.
The session this morning waa
marked by a number OF arguments
between the opposing attorneys. 4,
Gunner today had resumed thu
maak Of impasdvity which he wore
during the earlier part of the trial
and listened apparently unmoved to
thes evidence introduced by his attor.
neys In their effort to clear him o.
tho horrible crime with which he Il
CHARGED.
Dcfee Calls Kraemcr.
when tho court convened at ~
O'clock this morning the defenst
opened its attack with a surprise b,
calling for Fred Kraemer. sheriff Of