The Bismarck Tribune Newspaper, July 2, 1929, Page 3

f \ it ‘ v : + vs i en « ei | Sc y * 0) ae aq OBJECTIONS HAMPER SPEEDY PROGRESS IN WALLA COURT TRIAL State Takes Up Morning in Pre- inting Exhibits in For- gery Charge Case Numerous objections by attorneys for both sides made progress slow this morning in the Burleigh county dis- trict court trial of Eugene Merritt ‘Walla, charged with third degree for- gery in a grand jury indictment. That both John Sullivan, assisting George S. Register, Burleigh county State's attorney, in the prosecution, and Charles L. Crum, defense coun- sel, were prepared to institute many and detailed objectiors to certain questions put to witnesses was in- dicated when Edward G. Patterson, complaining witness, was called to the stand at the opening of the trial this morning. Crum submitted to Judge R. G. McFarland an objection to one of the first few questions made by Sullivan and, repeated objections at regular intervals thereafter through- out the morning session. Some of the objections were sugtained but most were overruled. Accused of Forgery Under the particular indictment which is the basis for Walla’s trial, the defendant is accused of forging the names and initials of employes of the First National Bank to a deposit slip July 17, 1926, with the intention of deceiving Mr. Patterson into be- lieving that a deposit of $600.67 had been made to the credit of the Mc- Kenzie hotel company. Walla, formerly employed as cash- fer in the hotel, showed but little emotion in the court room as the trial progressed. Mr. Patterson was pres- ent yesterday when the jury was be- ing selected. Because of the detailed objections offered at regular intervals, prosecu- tors at noon predicted that the\re- mainder of today would be taken in the presentation of the state's case. ‘Walla announced this morning that he would take the witness stand in Bae defense but declined to make ahy other comment on the case. Sullivan took up practically the » whole morning in laying foundations for the purpose of submitting certain exhibits as evidence in the case. Ex- hibits accepted by the court as evi- dence in the case yesterday afternoon and this morning were day-financial books kept by three desk clerks of the hotel on the date of the alleged crime. and an unsigned report of the day's business and bank deposits which Patterson testifies Walla presented to him. Says Slip Is False Walla, in a conference with Mr. 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- fendant said he had taken the moncy but did not comment on how he had used it. The defendant, who is charged by Patterson with having been responsible for an $8,000 short- age in the funds of the hotel, said that about $1,000 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 tg Gujer. i Walla, when bei 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. | No Key | Crum questioned both the witnesses ' apparently with the intention of es- tablishing that it was 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. i 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 tooo much time during the trial and said he would | make a ruling as soon as is conven- | ient. 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 a disadvantage during | the present trial. i Jury Selection Tedious ‘The court was occupied yesterday until 4:15 p. m. in securing a jury.) Members of the jury fqllow: George C. Bailey, John.Bailey, W. M. Uhde, Re- gan; A. H. Melland, Peter Hagen, H. B. Wagner, Driscoll; Irwin Bourgois, Bismarck; Floyd Owens, Menoken; E. ity. Special talesmen drawn yester- day were Peter Johnson, L. H. Caru- fel, Spencer Boise, John Fleck, F. E. Young, and Nick Barbie. his opening statement, Sullivan said the prosecutors .would aitempt to Prove that Walla had forged the sig- natures “D. C. C.,” “D. C. Cook,” and “H, 8. Lobach” to deposit slips to de- ceive Patterson into believing that he had made deposits to the hotel’s account with the First National bank. He explained that there were three clerks on duty July 17, 1926, when, to the indictment the basis for the trial, Walla with commit! 2 pabilet ate Eee fis Depesit Slip $000.67 Walla specifically is charged with forging by eg! “D. C. C.” toa a of the First | National bank ‘@ deposit of $600.67. Only two witnesses testified yesterday, O'H Huyck. THE BISMARCK TRIBUNE, TUESDAY, JULY 2, 1929 by Harris for his daily record, he could recognize the writing as that of Harris. Harris’ balance for the day was $124.87 and the sheet carried Walla's customary check. Huyck, when shown the book which he used, testified that his balance for the particular day was $92.70 and that the sheet also carried the check of the defendant. The testimony was interrupted sev- eral times by attorneys for both sides | who entered objections to certain questions or the presentation of ex- hibits. | Sullivan, in his opening statement, \ charged that in a conference with Patterson and two auditors last fall Walla admitted that he did not de- posit the money indicated on the de- posit slip, that he forged the slips, but that he “didn’t think his short- age was so great.” Mrs. Sarah H. Joslyn Considers Selling Out Omaha, Neb. July 2—(#)—Mrs. Sarah H. Joslyn of Omaha is negotia- ting for the sale of her controlling interest in the Western Newspaper Union for a consideration of at least $5,000,000. A new corporation is be- ing organized to take over the busi- ness and will include in its personnel the present active heads of the com- pany. A desire to be relieved of the re- sponsibility of control of the com- pany. in her advancing age, is given by Mrs. Jostyn as the reason for the sale. Officers, who retain their pres- ent positions and who will be organ- izers of the new holding company are: H. Fish, president and general manager; E. W. Kulian, vice presi- dent; C. L. Farnsworth, secretary- treasurer; and W. M. Harper, assist- ant general manager. Mrs. Joslyn will retain however, a substantial amount of preferred stock. A large bond issue is contemplated by the new concern and the bonds will Owen, Wis., July 2.—(4)—Three men held up the State Bank of Owen shortly before noon today | part and trio held up the cashier and sev- eral ing them into a vault. scooped up all of the money in sight and fled. Chantilly, France, July 2.—(?)\— Jack Westland, an American, won Late News Bulletin Chamber of Commerce Chooses Minneapolis Minneapolis, July 2.—(4)—Minne- apolis today became headquarters for the northwest division of the chamber of commerce of the United States, one of six divisions into which the nation has been divided. At the same time it became regional headquarters of Nation's business, the monthly pub- lication of the national chamber. C. R. Miles, former assistant manager of the north central division from which the northwest division has The | been created, arrived to assume his | duties as division manager. \Prohibition Agent Convicted of Bribe St. Paul, July 2.—(4)—Conviction of Charles E. Diopps, former federal 4810 ROBS BANK escaped with 415,000. customers of the bank, forc- They then AMERICAN WINS the French amateur champton- | prohibition agent, on a charge of ship today by defeating Richard Fletcher, an Englishman, in the final by a margin of six up and five CHILD WELFARE TO FORE Washington, July 2—(?)—Pres- ident Hoover announced today that he ts arranging to call a na- tional conference on child welfare to be held at the white house within nine months or a year. Paris, July 2.—(?)—The foreign affairs committee of the chamber of deputies by a vote of 15 against 8 today recommended ratification of the Mellon-Berenger debt set- tlement with a reservation not yct specified introduced in the bill. — PALE rXUKO LAKES OFFICE A DRY ‘ol july 2—(P)—Yuko Ham- . aguchi, the third untitled premier famous aged ginger ale in Japan's history and the new in fall Miniseito cabinet were installed late today in the palace in the soliciting and uccepting bribes, was upheld in a decision handed down today in United States circuit court of appeals. Dropps was found guilty in Decem- ber, 1927, of soliciting and accepting a bribe from Charles Dusha at Sauk | Rapids, Minn. He was sentenced to to play. three years i federal prison and fined $100. His appeal was based on the con- tention that the law under which he was indicted is unconstitutional. The court, in upholdifg his conviction, ruled that “congress has power under the constitution to enact a law punishing bribe taking on the part of officers of the United States and others.” Tax Refunds Reach Sum of $106,569,893 Washington, July 2.—()—A report from the joint committee on internal revenue taxation .oday showed that from June 1, 1928, to December 31, 1928, tax refunds plus interest were allowed by the treasury in cases over $75,000 each to total $106,569,893. Among the larger refunds shown of $1,287,426 tor over assessments on Property of the Aluminum company of America and its subsidiaries at Pittsburgh. The report said the prin- cipal cause for the refund was “in- ventory adjustment.” The original assessment of the property was $8, 078.961 and the amount finally c lected was $6,791,534. FRANCE ACCEPTS trolman, was be offered for public sale. Manslaughter Charge Faces Border Patrol Plattsburgh, N. ¥., July 2.—(®)}—W. J. 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