The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-07-03
WALLA TELLS JURY
FORMER EMPLOYER
MAINTAINED GAME
Hotel Owner Charges Former
Manager Responsible for
$1,000 Shortage

$1,000 Shortage
Charges that a gambling game
run" by Edward q. Patterson In a
room of the Patterson hotel, formerly
the Mckenzie hotel, from some time
in 1925. until the Burleigh county
grand jury was assembled In October,
1928, vas indirectly responsible for
part of his alleged shortage, were
made by Eugene Merritt Walla OH
the witness stand In his own defense
this morning.
Walla is being tried l.. Burleigh
county district court on a charge of
third degree forgery following his in
dictment by the grand jury last fall.
Patterson, owner Of the Patterson
hotel and former employer Of Walla,
has charged the defendant with being
responsible for a shortage In the
hotels funds of more than $4,000.
Carried Account
Walla charged that Patterson fire.
qucntly obtained money from him
when he was cashier of the hotel and
instructed him to ''carry 1t" In q
suspense account" without making q
charge for it. He estimated that
Patterson might have obtained be-
tween $4,000 and $4,000 from him
without being charged for it other
than on personal lotation slips made
out BY Walla while he was employed
BY the hotel. He testified that he did
not know what had happened to the
slips, which were kept In his cage"
office on the mezzanine floor Of the
Patterson hotel lobby, and that he
had been denied entrance to the Of
flee since he was given a permanent
vacation"
Walla was subjected to detailed
cross-examination by John Sullivan,
Mandan attorney, who Is assisting
George S. Register, Burleigh county
states attorney. In the prosecution.
Frequent objections, charging that
sullivan was bro w-beating" the wit
ness. that he vas making an argu-
ment to the jury while questioning
the witness, and that he was not Civ
ing the witness sufficient time to an
swer the questions put to him were
interposed by Charles l.. Crum, de-
Tense counsel.
Had Seen Game
Walla charged that on only one oc-
casion. however. dill Patterson tell
him that he wanted the money for his
poker" game. He said that the game
was managed by another party. that
lie had seen the game in operation
but had never seen Patterson en-
gagged IN playing, that he knew from
his discussions with his former en-
ployer that Patterson was running"
the game. The defendant said that
he had nothing to do with the receipts
Of the game.
He further testified that the deposit
slips. to which he is charged with
having forged signatures of employees
OF the First National bank, were
signed In the manner under direction
n knowledge of Mr.. Patterson. He
said the books of the hotel were not
kept entirely accurate and that he
withheld many deposits upon direc-
ton OF Mr.. Patterson because "Mr.
Patterson didn't want certain people
to know OF his banking account"
The prosecutors took up all OF yes
terday IN presenting their case
against Walla. State exhibits intro
duced as evidence were day financial
books kept by the three clerks on duty
at the hotel July II. 1926. when Walla
is charged with having committed a
forgery In the specific indictment he
now Is facing: daily balance sheets
and deposit" slips turned over to Mr..
Patterson by Mr.. Walla; and the rec
ords Of the First National Bank in re-
gard to the account Of the Mckenzie
Hotel company.
Objection Overruled
The defense presented as exhibits
IN evidence signatures Of David G..
Cook and Harry s. Lobach, bank en-
Objections were offered to accept
Ing every exhibit as evidence. but all
were overruled.
Witnesses called for the states case
yesterday afternoon and this morn
ing were: Frank G. Gujer, Minneap-
oils. inspector for the American
Surety company, MI. Patterson: L.
=. Warren. head bookkeeper Of the
First National Bank: David G. Cook,
whose signature Is alleged forged to
q specific deposit slip: Harry s. Lo-
bach. receiving teller for the First
National bank. whose signature also
Is alleged forged to other deposit
slips; and O.. B. Lund. who audited
the accounts Of the Patterson hotel
last fall.
The state wound up its case shortly
after court opened this morning and
Crum called Walla to the stand.
Walla refuted testimony Of Patter-
son that he had keys to the vault on
the first floor of the hotel and that
he kept hotel money in a safety box
In the vault. He said he had no keys
to the vault. He further refuted Pat
terson's testimony Of yesterday after