The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-03-15

it is for your honors to determine if
this standard has been reached" said
Mr.. Richardson.
Explaining that it was impossible
to adequately review the entire case
in brief oral argument, Mr.. Green
| declared that "the facts to a reason
| able mind viewing the facts in a
reasonable manner demonstrate and
show the guilt of the Defendant"
Time Of Murder.
Answering the defense argument
concerning the accounting of praC-
! tlrally all of Gummer's time the
night of the murder except betweea
l2:l5 p. m. and | a. m. and betwe an
a. IN. and S a. m. and the states
| theory of two separate attacks Mr..
Green declared that that it is some
! thing more than coincidence that
the periods of time when the defend
ant was not accounted for were :ie
| times when noises were heard from
room 30"
He said that every possible test of
all possible evidence regarding other
guests in the hotel of the night
would demonstrate the absurdity of
the claim than any 10 or ~ persons
might be guilty of this crime
The circumstances showed the
only abnormality in the person guilty
of the crime was sex abnormalitv.
Mr.. Green said. In drawing it's net
of evidence the state. eliminated any
other person who might have COM
mitted the crime, he said. He re!a:.
ed the story of the finding of the fire
nozzle which, according to the states
theory. was used in beating Mare
Wick to death. The nozzle, he sail,
was accidentally found in it's place
in the hall, but not screwed to tie
hose. There were blood spots on it
which were identified and other
marks similar to those found in the
Wick room. There was, he said, not
reasonable doubt but that it was
used and it was evident it was used
by one familiar with the hotel.
He said the state founded it's case
upon the elimination of all but Gum.
mer; in that each of the ultimate
facts pointed toward him in some re-
spects and taken as whole pointed
conclusively; that a knowledge of
the whole situation was had by the
defendant and defendant only; that
the motives were established as two
fold, that of assault and murder for
the purpose of escaping recognition.
Andy Brown, he said. was put on
the witness stand for the purpose Of
identifying handwriting in the hotel
ledger, regarding the registering of
one James Farrell. 1t was not the
purpose fthe state to show that he
was the murderer, Mr.. Green said. A
expert said that the
name James Farrell" was Browns
handwriting, he said, and added that
IF GUNNER had testified this man
registered at the hotel at the time
purpose of the state to show that he
had created fictitious character, his |
guilt was established beyond doubt"
Speaks on Character.
Judge Swenson, brother-in-law of /
GUNNER, spoke briefly regarding
the evidence concerning Gummer's
character. He said that GUNNER was
raised in a good home, and that he
showed liking for women but per-
haps nothing more than other Boys
of his age.
II wonder if the record Of sor,c CT
the other guests in ihe hotel that
night might have been shown. if
others might not have had the same
motive ascribed to GUNNER" he said.
He declared also the prejudice in
Barnes county was as strong as in
Cass county.
Z Judge Barnett, speaking briefly,
mentioned particularly that the ,ur-
,rs were allowed to 60 to their home s
for eight or nine days during the
trial, and said that the papers If
Fargo and Grand Forks were full of
the trial, and that it was hardly pos
sible the jurors did not discuss the
case with others.
"Was the change of Gummer's
ion of Gummer's guilt, or was it de-
sire to give authorities all of the in
he said, declaring that
undue prejudice was ATTACHED to the
defendants statement that some of
the things he had told authorities
we're not SO.
M, S .yss-.s ~