The Bismarck Tribune Newspaper, December 22, 1917, Page 2

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P. Jo ave ou ction © he Eqt levator They m: he Noi n Farg f the } vas at TWO ey wae, Are ——SSoooo—E - “BISMARCK EVENING TRIBUNE SATURDAY, DEC. 22, 1917, rn ee WALLA DID LAY TRAPS ASSERTS W. H. STUTSMAN (Continued Fi From Page One.) presence of concealed Burns detec tives, and to trap Hall into niaking- some unguarded = statement which might incriminate him with these un- known witnesses. Wal asked Holi- day to tell Hall, if the latter asked him, that Mrs. Wale and) children were at the Holiday home in Baldwin, which witness testiffed was not a fact. Bank Examiner on Again. The defense called State Bank | aminer Waters back to the stand this morning, when he testified to having been called down to an insurance of- fice in the city by Walla, who told Wa- ters that he was “up against it,” and “in for about $1,300." Waters admit- ted on cross examination that he could not tell whether Walla meant that he had made ‘way with — this amount, or only that he would be hela + responsible for a shortage in that sum. At 11:30 court took a recess until 1:30 this afternoon, to admit of a con- ference between counsel for the de- Tens! It would not be surprising if the case went to the jury some time this afternoon. Eugene M. Walla and not Thomas Hall now is on trial on the Burleigh county district court. Holding that in- asmuch as the state had devoted a day and a halt to proving that Eugene Walla could not possibly be guilty of the crime of embezzlement with which he stands charged by the state, the defense has a right to take up au equal amount of time if it believes it can prove that Walla was guilty, and thereby transfer the burden of this crime from the shoulders of Hall to another's, Judge Coffey late Friday afternoon interrupted Dan V. Brennan with instructions that he sit down, and threw the bars wide open to the wit- nesses whom the defense introduced to testify to Walla’s alleged frenzied finance in Jamestown. Brennan Sits Down. Brennan arose to make his objec- tion after the defense had begun the presentation of its case and when Steven Still, Jamestown collector and insurance man, was on the stand tes- 5 tifying as to accounts which he had collected or sought to collect from Walla during the time the latter was eupioyed in the secretary of state's office. “The charge of embezzlement,” said the court ‘in ruling on the state's ob- jection, “consi: of several things, one of which conversion. In a charge of that kind it is proper to show ff it can be done that some other person converted the property embezzled. The state has undertaken by the presentation of voluminous evi- dence to prove that Mr. Walla could not possibly have converted — this money or have committed the crime charged. The state has sought to show where Walla got every penny paid out. Under these circumstances it is entirely proper for the defense to present evidence showing the financial | transactions of Mr. Walla.” ie Attorney Objects. | “I object to the court's comments on this evidence as possible error and grounds for reversal should we pro- cure a conviction,” said Brennan. | “You will please sit down,” said the! court, “and we will proceed with the; trial of this case.” | Mr. Brennan sat down, and from that moment on filed an objection to every question put by Attorney Thorpe, for the defense and Judge Coffey as regularly overruled the state's objections. State Rests. The state rested about 3 o'clock following the redirect examination of Eugene Walla, the state's most ma- terial witness. Thorpe, who made the opening ad- dress for the defense, enlarged upon Hall's long residence in North Da- kota; his rise from obscurity through his own pluck and perseverance, and the high place which he has held in the regard of friends throughout the state. The onslaughts which have} been made on his character, declared Thorpe, are groundless, distored and unfair. “The very thing that makes almost | every citizen of North Dakota love Tom Hall was the very thing that ,tody of that cash drawer. We will made him trust Gene Walla,” said Sate e Oye = BLAGK SEA BELT | : He harged the state’s exhibits bad, been tampered! with ‘and promised J prove that in sworn statements sue! | posed to have been made by Hall ‘as! i to the condition of the automobile | fund original entries in typewriting | have been erased and entries in Wak: | la's penmanship substituted, | | Hall Did Cash Checks, “We will show you that Tom Hau did cash some checks, and they were Ukraine Lateral an and Odessa Join | good, and it Wak the custom all over the state house:* We will show you Kaledine to Fight the Rad- that sonie of Toth Hall’s checks that - : | he thought were listed were not listed ical Forces. | S| He int INT DI] Hlthancnnel IK ov and were passed through Bismarck banks by the man who has the cus- EXTERMINATE _ “REBEL ARMY | NY Beer the bank examiner was in his office, tempted to lay further traps for: the man who had befriended bin, We wil, Houses of Treasures and | show you that Walla confessed to Hall” | and to Bank Examiner. Waters, And! There iS no Redress. | | i | show you that this maa Walla, while Drunken Petrograd Mobs Sack | we will show you that in spite of this ee ae confession the state has come in here Londoa, Dee. 22.—The Rada, the and endeavored to exetilpate Walla. | 8overning bedy of the Ukraine, ap- “We will ask you whether you are parently is maintaining its determin- | going to place behind the bars ft ed stand toward the Bolsheviki gov- your penitentiary a fellow vitizen on ernment.’ It igs: reported that ft has OTIC ICIS vad Is\ the testimony of a conféssod thief, converted its Synipathies with the Hall was arrested Ways dfter Walla Movement of Géneral Kaledines, the had confessed to Jim Waters; days Cossack leader, into a definite alli- fter the money had been replaced, ance. id back, every cént ‘of it} Hall was — Advices from Russia are to the ef- rrested in the night; Ilke a horse fect that the Polsheviki commi thief; ebinpelled to telephone ardund ers after recelving the Rada’s 1 over the city to get Bail that he might of the Folsheviki ultimatum, sent an- go Home and slew under his own other one, giving the Ukraine a fur- roof, ther 48 hours in which to reconsider “We will show you ‘that’ Mr. Hall its refusal to acquiesce in the de- ddin’t have to steal this money; we mands of the Bolsheviki government. | will show you tat he Mas aia wr Odessa Goes Over. \ eon ate Yon eer Halk Another report says that ees me . a dune legate ag definitely gone over to the side of the owns thtee quarter sections of good 1). ine. Details of the capture of land, and that» my: associate: here, Mr: x ; A 4 Stutsman, owes Mrs. Hall $2,000, al- Bostov-On-Don printed in Petrograd how there were six days of fighting most as bitch ad ‘all that! MrJ Han: S10 ie : z has horrowod from the bank of which before the Cosacks entered the town Where you can ee buy your Victrola 2 ee in Bismarck today, You can search the whole world over and not find anything else that will bring so much pleasure to every member of the family. ' aa Owing to the enormous demand it'is pos- IN) PR ISCR ih wees NAN \ ee last Saturday. The Red guards lost at Staten nt tir athena St) nieh Killed: and 1,000 wounded in sible that some Victor dealers may not have Ht f financially able t-pay Mra. Hall what {hE Tehting: | The Cosas tom in stock just the style Victrola you want—but he owes her whenever the money 15 tyev'nate. The Bolsheviki chiefs fled | it is also] : bl hat th ; : needed.” Wasn't Hearsay. from the town on board warships. The - i it isa SO just as |reasonabie to suppose that the = The defense announced its plan ot CFulser Kolkvida grounded m the rie: exact Victrola you want will be found at some first presenting Jamestown witnesses Sane Reber reaver 3 aa i f h catled for the impeachment of Walla, ™ ' ety: ‘ : | - . of the regula ar qualified dealers listed below: in order that these men, sixteen in There has been no important fight: } es ss oe number, who have been detained here 105 at RT UA eS i = a week, may return home. Steven Still Don, where the Bolshev 8 na Toeking Giat if 200 F testified briefly #8 to nithterous large fraternized with the Cosacks..A clash 7 Hoskins Stationery Co., 200 Fourth St. sums collected from Walla, principally has occurred between the Bolsheviki — |]j Victrola IX-A, $57.50 in the form of post-dated checks. The and Ukrainians at Bolgard, Bassar- Mahogany or oak state waived © cross-examination, adia. The town is on fire. : eo 0 6 ° Charles Beattie a former associate of | The Terek and Kuban Cosacks are 2 : Vicinity of Bismarck Walia in the employ of thé Weils- reported to be experiencing trouble in Dickey Co., Wa sthe second witness their own territories, the hill tribes of for the defense, the northern Cacusas having risen. It k 5 r oe Walla Tries to Borrow. is also-said that some of the Cossacks Z . maedte ; ; He told of repeated efforts made by im the Don territory are dissatisfied | D.R. Taylor, 102 W. Main St. (2 ! cr) Walla to borrow money from him in October, 1912, stating that after he had been refused several times, Walla finally came back, stated that his with their leaders and are being won 5 t H. H. Williams. over by the propaganda of the baa 5 an ists. Combatting reports that the Bolshe- | v aq Wiki commissioners have refused to brother, Orla Walla, then employed convehé''the’ “constituent assembly, A Hasta aul bad: roevaled Anecore: Moses Uritzky, commissioner for elec: cise amount of Beattie’s bank balance, * Teast “Sh Which eS sae aewitea and that Walla broke down and cried: MAnles< he assenibly will We siim- and declared if he did not have the ®¢es that the assembly will be su moned as soon as the four hundred aon tec rit oer a deputies have registered at his bur- “Victrola” is the Registered Trade-mark of e Victor Talking Machine Company designating n AU. would go to the pen. s the products of this Company only, Warning: The use of the word Victrola upon or in the pro ; It is said that a great quantity of iy - 4 s a 7 E: Walia Got the Money valuable property has been taken motion or sale of any other Talking Machine or Phonograph products is misleading and illegal, i Walla finally got the monéy, upod from houses of the rich in Petrograd showing what purported to be a check y mobs that have been searching for for $800 from Charles Kurth, and on jiquor. Among the buildings sacked is promising’ that he’ would cash this’ ine palace of Grand Duchess Marie {check and have Peattié's money baet paytoyna, widow of Grand Duke Viad- before the bahk closed that evening, mir, Special dispatches say that the testified the witness: The money’ pundered people are absolutely with: didn’t come back 'thdt day nor for out redress. ? many a long ‘day thereafter, maid ete seer Poet, arent ; walla made Peattic testified further as to the alleged validity of the Kurth Sheek: WRuatat BONDS. and Brennan objected to “such hear, | Ss evidence.” | 't hearSay—it'’s just what io. + ow York, Bec; —The United} retortell the witness. Pea. Seni tee, “f a already has! Kurth on Stand. bought $24 od worth of govern-| Charles Kurth next was called to mont certificates of indebtedness, Al-| testify as to whether the signature pert H. Gary. chairman of the board} which appeared on the check which announced today, and will hold them | Walla claimed to have obtained from uatit June. him was genuine or otherwise. The state is not cross-cxamining any of these witnesses, contenting it- ROBBERS GET $5,000 sélf with filing objections to every 9 vit of testimony on the grounds that FROM. pores BANK | it is “immaterial, irrelevant and not a _ proper impeachment of the Witness, Ci Walla.” T SE IXCINININ TACIT TINA NIN IAIN i Oe eee bh) ee od Victrola XVI, $215¥ - Vietrola XVII, $265 pyar XIV, $165 Victrola XVI, electric, $270 Victrola XVII, electric, $325 Mabogany ot oak , Mahogany or oak ‘Mahogany or oak Victrola XI-A; $110 a nea Dec. y $ all a ‘today ‘and poets searching for the three | ; bandits who today held up and rob-; Ladies and gents pregeing and clean: bed the People’s State\bank here and | ng. Bryant Tailoring Co. Phone 788. escaped with $ OUR MIDDLE NAME. ERVICE ~*'! 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