The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-07-02

Sullivan took up practically n
whole morning in laying foundations
for the purpose of submitting certain
exhibits as evidence in the case. Ex-
hibits accepted by the court as evil
dence in the cas- yesterday afternoon
and this morning were d~ay-final1cial
books kept by three desk clerks of the
hotel on the date of the alleged crime,
and an unsigned report of the days
business and bank deposits which
Patterson testifies Walla presented to
him.
Says Slip Is False
Walla. in a conference with MI.
Patterson and Frank G. Gujer. Min
neapolis, inspector for the American
Surety company. said that the deposit
slip was a 'phoney." Gujer testified
this morning. Gujer said the de-
PENDANT said he had taken the money
but did not comment on how he had
used it. The defendant, who is
charged by Patterson with having
been responsible for an $4,000 short
age in the funds Of the hotel. said
that about 81 900 of the shortage had
gone to redeem checks which were
not honored by banks, and that he
did not realize the shortage was SO
great" according to Gujer.
Walla. when being brought back
from Wyoming to face the charges
here. said that he had planned TO
dispose of property he owned to re-
pay Mr.. Patterson and the company
all of the shortage. Gujer testified.
The surety man said that Walla had
requested a week or 10 days time in
which to make arrangements for re-
paying the hotel the shortage.
Had No Key
Crum questioned both the witnesses
apparently with the intention OF es-
tablishing that it wa not certain
that Walla had taken all the money
reported short. Patterson testified
that he did not have a key to Walla's
office at the time the crime is said
to have happened.
Efforts of Crum to have all but the
forgery indictments against Walla
dismissed again failed this morning.
The prosecutors would not consent to
one ruling by Judge Mcfarland cover
ing all Of the indictments and insisted
that each Of the indictments be taken
up separately. Judge Mcfarland ruled
that this would take TOGO much time
during the trial and said he would
make . ruling as soon as Is conven-
lent. Crum argued that permitting
the indictments to stand against
Walla when they should be dismissed
because Of irregularities Of the grand
jury's actions last fall would put the
defendant at q disadvantage during
the present trial.
Jury Selection Tedious
The court was occupied yesterday
until Ais p. m. in securing q jury.
Members Of the jury follow: George G.
Bailey. John Bailey, w. M. Uhde. Re-
gan: A. H. Melland. Peter Hagen, n.
B. Wagner, Driscoll: Irwin Bourgeois,
Bismarck; Floyd Owens. Menoken; E.
G. Fogarty, H. M. Jessen, Sterling:
and r. A. Ritterbrush and A. E. Brink,
city. Special talcsmen drawn yester-
day were Peter johnson, 1. n. Caru-
fel, Spencer Boise, John Flick, F. E.
Young, and Nick Barbie.
In outlining the states charges sin
his opening statement, Sullivan said
the prosecutors would attempt to
Plove 1ilns wal1 ,ia - U.s.. .a ~" +" 10 -
natures -. =; ~, -. Go al.u
Z. .. LonacIl 70 oepoSa. oaapS ~ s set
celve fatCe.Son lnIo peliex.liE ..n.
ne nau maue uePosl.s ~ ~. I s.s,.
He explained that there were three
clerks on duty July II, 1926. when.
according to the specific indictment
which Is the basis for the trial. Walla