The Bismarck tribune., 1924-02-16
HIGHEST COURT
SAYS EVIDENCE
is SUFFICIENT
Continued from page ~

Seth Richardson as follows:
That the evidence, being wholly cir
cVnstances, is not inconsistent with
Innocence, and is insufficient to ex-
clude very reasonable hypothesis of
the defendants innocence, and is in
sufficient to sustain verdict again st
the defendant
That the, court erred in limiting
the defendants right to counteract
the transcript made by the states at
torney upon the original examina-
tions had of the defendant, thereby
permitting the state to reach such
transcript in evidence, without per
mitting contradiction.
Ihat the court permitted the state
to involve the witness Brown in the
case, and to, in effect, prosecute
Brown as defendant with the de-
fendant GUNNER. although not de-
fendant to the information.
That the evidence of other crimes,
consisting of sexual acts, including
evidence of suggest tive remarks made
to other persons at times long ante
dating, and under circumstances en-
tirely different, from the charge
against the defendant, and the read
ing to the jury of the obscene and
Suggestive questions asked of the de-
fendant, was prejudicial error.
States Answer
SThe state, which was represented
by former States Attorney W. c..
Green OF Cass county, who prosecut-
ed GUNNER, contended' that in all re-
spects the trial was conducted ac-
cording to law and rules of the court
and evidence. The evidence on which
the state convicted GUNNER was de-,
clared by Mr.. Green to be of cir
-<umstances so binding that the jury
would not escape finding beyond
reasonable doubt that GUNNER had
killed Marie Wick. The courts ac-
ton, in permitting testimony, too,
was simply permitting the state to
bring before the court all of the cir
cumstances which led to the conclu-
sion of guilty, he said.
Judge A. G. Burr of the district
court, Joined the supreme court in
considering the case in the place of
Justice Sveinbjorn Johnson, who
SYas Attorney General at the time of
0ummer's conviction.
The state charged that GUNNER
killed Marie Wick by strangling,
spffocating, choking her and striking
her on the head with a fire nozzle,
in room 80 in the former Prescott
hotel in Fargo on the night of June
Sc, 1921.
Started From Minnesota
Marie Wick, IS, had started out
from her home in Crygla, Minn., a
small town about 40 miles north of
xhief River Falls to Pettibone, N. D.,
eSing via Fargo. On the train she
met Mrs. Elmer Hilliard. At Moor
head, MINI. Miss Wick was met by
Arnold Rasmussen, an acquaintance,
who, rode to Fargo with her. They
went to the Northern Pacific station
to ascertain the time the train left
for Pettibone, and then he left her,
she going to the Prescott Hotel
where Mrs. Hilliard was stopping.
, NGnmmer, % years old at the time |
AUD night clerk in the hotel, showed
her to room 80. She asked to be
called at~6:3O a. m. so that she could
make the train for Pettibone.
1t was the theory of the state that
GUNNER, his object criminal assault,
went into the room at 1880 at night
choked her into insensibility, and
that about o'clock in the morning,
fearing the consequences of his at
tack upon her, went back to the room
and killed her. Her hands were tied
to the bed posts, she was gagged and
had been beaten on the head.
1t was only short time until sus-
picion fastened upon GUNNER. One +
Of the mysterious elements of the
case of "James Farrell" name on
the hotel register. He was never
forld. The site cpntended that
Gu (mer had the name written on
as blind. to divert sus-
picion, or to account for his friend.
Andy Brown, whom the state Con-
tended ION trial had helped commit
rape and murder. II
Gummer's story was twisted sever
al times. The defendant first claim
ed that Miss Wick hadr telephoned I
him at the hotel office from her room