The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-05-29
NJ FARLAND QuASHES|
E|MbEZZLINC Count
AGAINST GENE WALLA|
Grand Jury IrreguIarity Shown
in indictments Against
Former Hotel Clerk
FACES FORGERY CHARGES
Coffey's Court Stenographer
Fails to Find Any Trace Of
Records Thought Filed

FIItecn grand jury indictments
charging Eugene Merit Walla with
embezzlement were quashed this aft
ernoon in Burleigh county district
court by Judge r. G. Mcfarland,
Jamestown.
Irregularity in the returning of the
indictments by the Burleigh county
grand jury last December was the
reason for annulment of the states
case against Walla. It also Is prob
able that five more grand jury indict-
nlents charging Walla with grand
larceny will be quashed for the same
reason when Wallas trial on the
grand larceny charge is moved by the
state.
Walla still faces Is grand jury in
dictments charging forgery, however.
Walla originally faced 35 indict-
ments.
A demurrer entered by Charles L.
Crum, Walla's counsel. to original in
dictments charging Walla with en-
bezzlement last December was slls-
tanned by James A. Coffey, James,
town, then Judge sitting in the Bur-
leigh county court. No records could
be found today to show that Coffey
had ordered the grand jury to revise
the indictments and resubnit them to
the court at that time. The dcmur-
rer was sustained by Coffey on the
ground that the indictments had
failed to state the owner Of the prop
erty which was alleged embezzled.
Mcfarland Cites Statute
In the absence Of specific order
by the Judge either to the grand jury
to revise the indictments or to the
states attorney to file informa-
ton against the defendant, further
prosecution Of the defendant is barred
by statute, Judge Mcfarland pointed
out In his ruling.
Essentially the same conditions
prevail in regard to the indictments
charging grand larceny. 1t was point
ed out In court.
The state will postpone arraigning
Walla on the charge of grand larceny
as long as possible in order that an
intense search for court records made
at that time may be made. John Sui
livan, Mandan attorney who is assist
ing George 8. Register, states attor-
ney, in the prosecution, announced In
court. Crum, on the other hand. said
that he desired that the state would
conduct an investigation for the rec
ords but insisted that Walla be ar
raigned on the other charges during
the present term Of court.
The trial was put to temporary rest
yesterday afternoon after a jury had
been selected and the states first five
witnesses had testified.
Unable TO Find Record
Miss Laura d. Stone. Grand Forks.
court stenographer for Coffey here
last December. arrived in Bismarck
this noon at the request of the court,
but was unable to find record of the
proceedings regarding the Walla in
dictments last December. She said
that she had filed them with the Bur.
leigh county clerk Of court. Records
Of Charles Fisher, clerk of court, did
not indicate that Coffey had made
any order other than that sustaining
the demurrer to the original indict-
mentS.
Judge Mcfarland. Register. Sulli-
van, and Crum were In conference
this morning concerning the legal
entanglements Of the case.
In making the order to quash the
indictments. Judge Mcfarland stated
that the action was not being made
because Of any mistake Of the present
prosecutors, who. under the situation.
merely were victims Of conditions
over which they had no control.
Witnesses called to the stand yes
terday were Edward q. Patterson,
owner Of the Patterson hotel, who
claims Walla embezzled sum Of
more than $1,000 while employed
there; David G. Cook, bookkeeper and
receiving teller in the First National
bank at the time Of the alleged en-
bexzlement: william O'Hara, Patter-
son hotel desk clerk: L. p. Warren,
another bookkcepcr Of the bank; and
John !. Huyck, another hotel desk