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VOL XXM .V -vA H4 WEEKLY ALKBt •startslwd lira DAILY ALERT MiMlnlwifl ltia II I HH O I 111 I H»«HHW PLANS FOR YEAR BY COMMERCE CHAMBER Diversified Farming Day Set For Jamestown on Tues day, March Seven Extend Invitation For Coming Con vention of Republican Ppr ty of North Dakota—Busy Year Ahead. President O. A. Amundson of the Jamestown Chamber of. Commerce called upon the-chairmen of the new ly appointed standing committees to outline Tuesday night the plaii3 for the year 1922, and the proposals of the various committees augur a busy year along every angle included in Beginning with the budget com mittee, J. J. Nierling, its chairman, Stated that their aim was the same as that of last year, a budget of ap proximately $3,000 in addition to New Pnb|icity -Pamphlet Another publicity matter was .de cision to have prepared and printed. REPORT OF COMMITTEE ON TAXATION (By A. H. Sherman, Chairman) Your committee on taxation would beg leave to submit the following report: No well advised property owner will dispute.that the most important and pressing problem now before this body and the State is the one of our tax burden. It is so much so, that all discussion of present business af fairs and enterprises sooner or later leads into this field. This question has assumed its enlarged proportions and forced itself into the public mind by reason ,of the serious de pression which has existed to such marked degree in t.he scope of the organization. The i ioration of a boiler through hard business men are going ahead do-! water action. termined to make 1922 one of the best years in the .history of James town and Stutsman county. dues, but their objective would be to because of the state levies, a great "get all they can get." As a large portion of the expenditures are for conyentions and banquets, the cham- I ber reiterated approval of this form of publicity. H. H. Hurning reported that the recent convention by the' Engineers' society had expressed hearty appreciation for the hospital- reduced either by direct legislation ity of Jamestown and A. H. Sher- at. the next assembly or by an initiat man reported that the North Dakota ed law this year. Mr. Sherman stat county commissioners 'undoubtedly held the best convention in their his tory recently in this city and went away stating that Jamestown is the best city in the state and. the people the most hospitable. Undoubtedly, said IS* Nierling. Jamestown can get no better advertising than by giving visiting delegates to conventions a royal good time, a good banquet if possible, and sending them home speaking well of the city. No pub- not assessed at all, other classes as llclty money, he believed, could be spent |o wUer purpose. •. Among tlie conventions scheduled for 19 22 are-the checker tournament and the North Dakota Retail Drug gists. the lfctier eomjjttg In 'August Invito Gtovisfttldtt On motion of Dr R. A. Bolton, the Chaniberr ol^1Commerce of: Jamestown Will Extend tp \tjie Republican party organization of North Dakota an in vitatloh to hold itls. next convention atdatae&town. is expected the con ve4tion will be held early'this sbring.1 That Dr.Bolton, a' life-long Demo crat, madethe liiotlon was consid ered an ^special eoUrtesy. thiB To briefly point out the magni tude of this problem, it may be not ed, that for the year 1920, this year 1921 being approximately the same the people of this state had levied up on them Thirty-two Million Dollars in taxee. (This pondered burden, stating it in another way would be $50.00 for each man, Woman and child within the border of the state, many of whom pay little or no tax each, acre of cultivate*! land in the state. The business interests ot this city know how large it Is and the burden which fsills upon them. Its solution calls forth consider ations of broad latitude. It probably reaches beyond the Immediate sphere of the confined activities ot this Or ganization, but within Its limits, it i sa fertile field for present endeav or. If the power for accomplishment of this Organisation ,as .pell as all ether commercial bodies $r the state, was brot to bear upon the. solution, of this problem in ail effective mi* tier the rosult attained cbitid nor be other than that of a compelling' force which should, together Witb a?l ether influences now active bring a large- measure' of relief. The County Commljsto'n^rsof this County, the School Board of this:In dependent SchooLDIstrld, wetl as tbe governing, bodies attd managers of the fisical affairs of tfee cttur icnnieipalltios &ro aware that Ybolr era are painfully* limited by ab» ctieghuuve lMvertai it would be Two Dollars an acre for brin* about result of wise and well at once a new Jamestown publicity pamphlet, In which the ideas on "The City Beautiful" should be combined with views and description of Stuts man county. The pamphlet will be made of special value to real estate men and all immigration workers. Chairman E. H. Mattingly of the booster and'trades extension commit tee, stated that when the proper time arrived the matter of a booster trip or other trade extension effort would be taken up. Talk Filtration Plant The need of a filtration plant was discussed briefly by H. H. Hurning, digressing somewhat from his roads and paving assignment. Mr. Hurn ing stated that Jamestown had in vested $400,000 in plumbing and that unless the water was softened in .some way this plumbing? wouljl rap idly rust out. Cost pf such a plant waB estimated by Mr. Hurning at the low figure of $40,000, but it would probably cost more. Mr. Klaus add ed he believed a filtration plant was needed more in Jamestown today than additional paving. Harry Wttff stated his experience in rapid deter- Taxation As chairman of the taxation com mittee, A. H. Sherman called atten tion .again to the demand for drastic reduction of taxes. He stated that the Stutsman county levy had been decreased for 1921 under 1920, but that the total, tax would be larger share of the increase being for hail indemnity. Mr. Sherman urged tlie appointment of a legislative com mittee by the Jamestown Chamber of Commerce to co-operate with oth er commercial organizations of North Dakota in order that taxes be ed he believed certain features of the initiated laws proposed bv Judge Bobinson (referring esnecially to the retroactive features), if put into law would do the state more'damage than had all the NonDartisan League laws. Discrimination Valuations During the taxation discussion Ormsby McHarg drew attention to the discrimination in assessments in which certain classes of proDerty are. sessed at 50 per cent valuation and still others at 100 per cent valua tion, such a situation which exists in North Dakota, the attorney held discriminatory and- unconstitutional. Attorney McHarg's suggestion was that owners of business property as sessed at 100 per cent valuation make -a tender of taxes at 50 per cent valuation. Blames Mail-Order Houses A plausible argument was put for- ward by John Schroeder that the mail-order and catalogue houses have used their Influence to cause enact ment of legislation increasing ex penses of doing- business in North Dakota, as passed, by recent legisla tures, in order' that, the home con cContinued on Page 4) mav be that this problem, in large measure, has to do with the restora tion clt State and thruout the world. With us, it has been a matter of long development and steady increase, but it probably would not have penetrated the agri culture and business interests so forcibly except for the state of de pression. However, it has been pres ent all the time tor some consider able period.* considered laws in this regard to the *ud that' the people of this City, County and State may asbumc a fappy and prosperous state en terprise a ed progress. of local self-government. Tnere is now thruout the county among the board of managers of their fiscal affairs an attitude and spirit for in voicing strict economy within the range of the limited discretionary powers of the local selfgpvernlng bodies. There is state wide senti ment for drastic reduction of taxes, but it would appear that the same at this time is without organized effi cient direction. We, therefore .recommend for your consideration the following: 1. That the cardinal remedy for relief from burdensome taxation is to be sought thru legislative action directly, or' indirectly thru the initia tive, and that this organization should consider the course to be taken by it, itB limitations, and how it can best bring its influence to bear upon the problem. 2. That this Organization study the situation and dev'se ways and means to invoke all present remedies available, and discourage the expen diture of ail public funds fcr per manent improvements during the period of depression and until read justment nas been brot about 3. That this Organization thru its own influence and thrj its influ ence and. connection witli. all com mercial bodies of the state devise ways and means of assisting in the direction of sentiment which is now universal thruout the. state looking to a drastic reduction of taxes and County Taxes Lower Mr. Sherman gave some gratifying figures from Stutsman county show ing that the 'county commissioners of this county have began to pare down expenses, and meet the demand for lower taxes. These figures show, decreases in the !0unt- General levy for 1921, under 1920 ,qf $34,246 school dis trict decrease It,77,6.61 township's decreases $24,266.94district road decrease $1,464.0$ villages de crease, $1,991.14 city of Jamestown decrease, $4,222.64 three cent hall tax decrease $119.73. total* decreases are thus $73,176.06 These are offset by the Increase in the State levy of $82,319.69 (n the City of Jamestown special assess ment Increase, fi.0S6.l4 and the Hall Indemnity Increase of $101, 303.$8 77 e08slDS h,,Z2inir WIth JAMESTOWN, NORTH DAKOTA, EXPECT WARRANT EXTRADITION OF HASTINGS TODAY Governor Stephens Announc es Warrant Will Be Issued Former Secretary of Nonpartisan League Want ed For Embezzlement at Fargo. Sacramento, Feb. l.V—A warrant for the extradition of J. J. Hastings former banker of Fargo, North DP^CO ta. and one time secretary of the Nonpartisain Lea ue r.f K'orth Da '•cta, who is chared with e nbe/*le ni"' t, will be i-» rd it 4 "•'cloc1 this 'dfteriioon, it w s iinnoiiurrti oday at tb- .office of Oor-''.I ).• Stephens., De lay was askei In eour s?l for Hastings in order that lie might consider in ution of habc-'is corpus proceed ings. He contested extradition on the grounds that the prosecution was a political frame up. Hastings, form er vice-president of the Scandinavian American Bank of Fargo, i3 charged with embezzlement of $"!,000 from the bank for making an alleged un authorized loan to the U. S. Sisal Trust, said to be connected with the Nonpartisan League. WILL UNCLE JOE' CANNON MAKE RACE TO RETAIN SEAT? WILL NOT BE CANDIDATE Washington, Feb. 12.—Unclo .Toe Cannon, oldest member of the house announced today lio would not be a candidate for re election as representative from the 18th Illinois district. Danville, 111., Feb. 13.—Will Un cle Joe Cannon make the race for Congressman from this district? This is the question that is admitted ly troubling a number of men who openly aspire to fill the veteran's chair in the United States House of Representatives but who juptf&s op enly announce they will not run if Uncle" Joe intends to. Uncle Joe has not yet filed his pe tition as a candidate. His failure to do this yesterday, the first day f.ilin?8 has set the political snenulation. al- gossips buzzing with speculation, al tho the petition may be filed any time before March 2. Only one man has thus far brok en these ranks. He is State Repre sentative William P. Holaday, who announced recently that he would be candidate before the April prim aries regardless of "Uncle" Joe's de cision. Just what -Congressman Cannon's political intentions for the immediate future are, is a question. A few months ago when it was announced in Chicago that Uncle Joe would not again- be a candidate, preparations were being made by several to an nounce their candidacies when word was received direct from Danville's famous member of congress to.the effect that hs had not authorized such announcement and that he would inform his constituents of his Intentions in good time. TOWNLEY DEFENDS BALANCE OF POWER PLAN FOR LEAGUE Minneapolis, Feb. 11.—Declaring that in advocating the so-called "bal ance of power" plan he wanted to see the farmers and workers develop all the power they can, A. C. Townley, president of the National Nonparti san League, in a statement today an nounced that he will support what ever action is decided upon at the coming state convention. "It seems to me folly for. an in telligent minority to isolate itself in an importent group and leave the ac tual balance of power with the most re-actionary, unpatriotic and ignor ant voters," said Mr. Townley. "I Would like to see progressive people make the most of t.helr strength and direct group action so as to be great possible influence on' government. "When the intelligent minority has grOwn formidable enough to act In dependently, when it hasvan immedi ate'chance of becoming a majority I not only favor but strongly urge in dependent action." Mr. Townley praised the work of the league in North Dakota and said the league legislators in Minnesota has a "wonderful" record of iservice. "We. got our men into office in North Dakota by surprising the .po liticians," 4aid Mr. Townley, "but they kept up a steady- fire of falser hoods, and small issuea that meant nothing until the voters of tbe state recalled three: of the best public^ser vants the northwest has even seen. The voters of North Dttbjta stuck to the program btyt they were so deceiv ed -by false issues that mere office seekers looked'better to many of them thai! real men." "Our work where7 we have had a' chance to work has been:a-remark able success*' be said. Owner's Consent. THURSDAY, FEBRUARY 10, 1922 HEATON COMPLETES JAIL SENTENCE Fargo, Fel). 11.—Frank, C. Heaton former teller of the Scandinavian American Bank here, was released from jail here today on completion of his 30 days sentence for embezzle ment of less than $20 from the bank. FINAL STEP IN SALE OF STATE HAILWARRANTS Approval of Bond Attorneys Only Matter Uncompleted —Credit Already Placed in Bismarck to Take Care of First Sales. Bismarck, N. D. Feb. J3.—(Spec ial)—Approval by bond attorneys of the contract for the purchase of hail warrants of the 1921 issue was the only obstacle today in the path of the competition of the adminis tration's negotiations by' which be tween $300,000 and $600,000 would be saved to farmers in better ing the price of hail warrants, bas ed upon previous discounts. The supreme court's approval of the contract .given late Saturday af ternoon. was expected to clear the way for final action by bond attor neys. The Minnesota Loan and Trust Company and Lane, Pipe and Jaf fray, of JVIinneapolis, who have con tracted to purchase 1921 warrants have placed $150,000 credit in Bis marck so that their representative, whp will act thru the First National Bank, can buy warrants immediate ly( upon final approval of the plan. As soon as the financial houses are in position to purchase warrants an nouncement will be made so that the farmers can take advantage of the opportunity, Governor Nestos said today. CITY RIGHT TO ANNEX ADJACENT Judge Cole Holds That Where Owners of Adjacent Prop erty Benefit From City Im provemnest City May An nex Property Without Fargo, N. D., Fe£. 11.— Judge A. T. Cole upheld the constitutionality of the state law which allows an in corporated city or village to annex adijacent territory without consent of those living on the territory, in a decision in district court here, made public today. The case was brot by property owners whose land had been annexed by Hillsboro. The decision holds that action of the city in annexing the land was proper. The property owners have announ ced intention of immediately appeal ing the case to the state supreme court. Hillsboro is justified in taxing the annexed territory, says the judge i ndiscussing this phase of the mat ter, because of the advantages which the territory receives from Its nearness to the city. To permit it to remain without the town would be letting its residents, enjoy its bene fits without paying a proportionate tax, he says. In summing up reasons for his de cision Judge Cole says: In the case at bar the territory an nexed created additional responsibili ties for v the city of Hillsboro. It brqt jto jts borders an additional pop ulattOnfTO. &ose community. It nec essarfty, made an additional burden for the requirement of police and other provisions. It added' some what to the fire risks of those Includ ed within the municipality and oth er matters might be mentioned. So long as the territory remained un annexed it created a liability and an expense to the city of Hillsboro for which the inhabitants of such an nexed territory paid nothing It was to cure this situation that this terri tory was annexed." CAHILL REFUSES TO RESIGN AT REQUEST OF GOVERNOR NESTOS Bismarck, Feb. 9.—With the five day period granted by Governor Nes tos to J. I. Cahlll and George Totten, numbers of the state board of admin istration, in which to resign before ouster" proceedings are started, ex piring today. Mr. Cahill in a letter made public at his office refused to resign. He told Governor Nestos in a brief note ihat his conduct on the board of administration was such that he knew of no reason why he should resign and declined -to quit usider flr$ It .was understood early this afternoon that' no word had been received iron) Mr. Totten. Members pf the board are out of the city on aiit.inspection trip to'stat* in stitutions and:Governor Nistoi 1* In Mlnot. & iM Si HARDING OPPOSES TAXATION TO PAY SOLDIERS' BONUS President Does Not Favor Special Taxes or Return of Any Taxes Which Have Been Repealed—Doubtful if Bond Issue Would Pro duce Sufficient Funds. Washington, Feb. 14.—President Harding is unalterably opposed to the enactment of the special taxes suggested to finance the soldiers bon us or to the return to taxes, which have been repealed, it was stated officially today at the white house. it iiisu w&s indicated that the ex ecutive was very much in doubt if it would be possible to raise the re quired sum to finance the cash fea ture of the bonus under an issue of bonds without appreciably advancing interest rates and destroying the fi nancial tranquility which is sought. The president ,it was said, was dis posed to be favorable to the bonus but his attitude had to be that of finding sane and sensible conditions for the fulfillment of the promises made on one hand without disturb ing the desired return to financial stability. WORK ON MILL AND EEVATOR WILL BE PUSHED GOV. SAYS Bismarck, N. D., Feb. 10—(Spec ial)—Full endorsement of the rec ommendation of the mill and eleva tor committee appointed by him that an engineer make a survey of the work already done on the Grand Forks mill and elevator and ascer tain the cost of finishing it was giv en today by Governor R. A. Nestos. Governor Nestos also announced that word had been received that tho mill and elevator bonds, contract for the sale of which was consummated sometime ago, are now being print ed after being held up for a con siderable time because of action of bond'attorneys, and that the first block of bonds in the present sale probably will be actually sold by the end of .this month. Work will begin on the Grand Forks mill as soon as the bond mon ey is available, the Governor said, and as soon as the work can be "rea sonably .and economically' carried on. Some men now are at work unload ing machinery which had been or dered. Governor Nestos has receiv ed the recommendations of the com mittee and they wil lbe considered in full by the Industrial Cmoimssion at an early date. The total amount of money spent already on the state mill at Grand Forks Is given at $1,121,443.46 by A. Mykebye, fiscal agent for the Indus trial Commission, and L. P. McCor mick .fiscal agent for the Feagles Construction Co. Ltd. The committee has informed the Governor that "after? investigation we are of the opinion that the work on the power-house can be done with very little additional cost and we recommend that it be done as speed ily as possible, even at a small in creased cost, in order to complete the project so as to have mill and el evator ready to receive grain at the beginning of the 1922 crop, provid ing exceptional care is used in re moving frost that apparently Is now under the foundations of the power house." Other Recommendations Among| the recommendations of the committee are the following: "That as the contracts are on the cost plus plan, we feel that in the future, contracts or new work that is not included in tbe old contracts or even in those contracts when pos sible by consent of both parties, should be done by. advertising for bids in the competitive methods and get definite amount as to what the future work will coBt". It recom mends that as an aid to this a pur chasing committee be appointed. That a system of accounting kept so that the final cost could be arriv ed at as to each unit elevator, mill and power-plant and any other un its that might be added. It recommends that the state writo off its books the "difference between tbe actual cost to the state and the present^ value ,as a basis calculating profits of operation, knowing that such difference is caused by. the na tural inflation of prices at time of letting original contracts as compar ed to present prices of material and labor." Would Use Lignite That the boiler capacity be pro vided so that lignite coal, produced in North Dakota, may be used. A thoro investigation as to tbe varieties and qualities of milling wheat which are likely to be avail able for use in this plant, "so that the mill may be equipped to handle same as to the best advantage, and grades of flour be produced which can compete successfully on the Eas tern mtTkets both as to quality and price." That the elevator be equipped for handling clover seed and. other small seeds, as the growing of clover and similar products Is increasing in the state. ALERT That the Industrial Commission take up with the board of railroad commissioners the matter of disad vantage to (he stale "on account of the present discrimination in freight rates iu favor of Minnesota." ACTION TO RELIEVE NEED REPORTED FROM SOUTHWEST COUNTIES Bismarck, N. D., Feb. 115.—fSpec ial)—Governor R. A. Nestos today was assured that a personal investi gation of reports of dire need in a limited area in southwestern North Dakota would be made by the North ern Pacifi| district superintendent with a view of reporting to the rail road's main offices on the Governor's request for reduction of railroad freight rates on shipment of feed for stock and for variouB supplies for use by individuals and on farms. This request has been made of lite rail road by the Governor. A report from the New Leipzig Commercial club, by F. P. Ewald to the Governor said. "Conditions de plorable. Stock dying in great num bers. Relief must be had at once. We ask your assistance in procuring reduced freight rates and financial aid. Agricultural industry in jeop ardy if help is not forthcoming." Other information to the Governor Is to the effect that the area most in need is limited to territory south and west from Grant county, including about three counties which have been hit. by repeated crop failures. GOV. PREUS REFUSES REQUISITION FOR MAN WANTED AT BISMARCK St. Paul Feb. 14.— Requisition brot for the return of George Clark to Bismarck on the charge of stealing a $300 stick pin from C. W. Hender son was denied today by Governor J. A. O. Preus. Clark at the hear ing produced a release from Hender son for any liability in the loss of the stickpin. STATE REAL ESTATE BONDS PRINTED AT BISMARCK THIS WEEK Bismarck, N. D., Feb. 15—(Spec ial)—Bonds of the real estate series have been printed and will be in Bismarck within a day or two for signing by state officials, according to word reaching LewiB F. Craw ford, secretary of the Industrial Com mission. The first block will total $300,000. The money from these bonds is expected to be received and available for use by the end of the month. The form of bond for the mill and elevator series, of which $3,000,000 in bonds are authorized, has been approved by attorneys and bonds will be printed as soon as pos sible. GOVERNOR FAVORS FAIRER TAXATION ONFARMPROPERTY Declares at Steele Farmers' Institute That Tendency Has Been to Ease Up on Railroads and Corpora tions to Put More of Bur den on Farms. Steele, N. D., Feb. 15.—(Special) At a farmers' institute meeting here Monday night Governor R. A. Nestos pledged the support of the adminis tration for a fairer taxation on farms and farm property. He declared that the tendency during the last five years had been to ease up on rail roads and other corporations in equalizing the taxes while the far mers are paying a larger proportion of the tax burden than they did five years ago and more than their just and equitable share. "There must be a change in the proportlonment of taxes", said the governor, "and the only jHSt change is a reduction in the taxes on farm lands. The farmers taxes on his real property have increased more than twenty-five percent in the last five years, while the proportion of the tax burden borne by the railroads has decreased in nearly the same ratio. "The administration and the legis lature must combine their energies and efforts towards securing more fair and Just proportion of the tax burden. I think I can promise on the part of the administration that nothing will be left undone to ar rive at a more equitable arrange ment." The governor also complimented the department, of agriculture and the institute speakers and* workers on the success obtained so far dur ing this season. He spoke earnestly in favor of more diversified farming which would tend to home building and better community life. He also gave a short review of the results achieved so far in the interest of economy in administrative affairs: spoke hopefully of a speedy'comple tion of the mill and elevator project at Grand Forks and announced.in conclusion that the farm loan depart ment of the Bank of NOrth Dakota was. now functioning at good ipeed and that leans have already been made. 4 •1 JAMESTOWN James River Valley k The Metro poll* of North Dakota 4" "i1'i*'i'*•'I1'1' NUMBER 7. GUMMER DENIES ALL KNOWLEDGE OF WICK MURDER Accused Hotel Clerk Declares He Did Not See Miss Wick After She Rigistered Until After Battered Body Was Found in Room—Is Self Possessed. Glimmer Tells Of Lifo Valley City, Feb. 15.—Wm. Gum mer took the stand in his own de fense today. Gummer sketched his life saying he was 23 years old, an dthat he had been employed ae clerk in the Pres cott hotel on one occasion prior to the time of his employment when Miss AVick was killed. "That was the last I saw of her until she was found dead the next morning," Gummer said when asked by his counsel concerning Miss Wick's retirement to her room at 11 p. m. on June G. Gummer asserted that a guest, reg istered into the hotel about 2 a. m. under the name of "James Farrell" and that he, Gummer, did not place that name on the register nor did Andy Brown, his room mate. The state has contended that there was not in tact a guest by the name of Farrell in the hotel the night of the murder but that such guest was created to divert suspicion from Gummer. Accused is Self Possessed Gummer appeared thoroly self possessed while on the stand. He was somewhat paler than usual hut answered questions asked of him by counsel very deliberately anil in a low voice. Gummer made no direct denial of the various statements he has been quoted as making to officials, except to indicate that some of the state ments credited to him were in fact statements that officials had mads to him and that he had only agreed with them particularly as relates to what lie said tho officials told him Brown had stated. During the conversation with Brown in the hotel lobby the night of the murder Gummer said Miss Wick was not discussed exeept that he, Gummer ,told him agood look ing girl" had registered iu, this State ment having been made while he waa giving Brown a list of all the guests who had checked in. Officials have testified concerning a lengthy conversation wit hBrown concerning the murdered girl. Deuic-s Improper Advances Gummer also denied that he mads any improper advances to Miss Wick when he talked to her over the tele phone about 11:15 after she had gone to her room In which she was found murdered the next morning. The defendant Btill was on the wit ness stand at the hour of the noon recess. Andy Brown's Story Andy Brown when placed on th« stand by the defense was object of keen interest, specially manifested over his appearance. He was neatly dressed and quite dapper in appear ance. Met Gummer in January, 1021 He stated that he had been held by the state in the Cass county and Barnes county jails since September 24, and that he had known Gummer since January, 1921, when he had met him at the Addison flats in Fargo. He told of their relations together saying that ho had seen Gummer about three times during January and three or four times in February and had roomed with him during March of 1921. In describing his movements on the night of the murder, Brown said that he was in the Prescott hotel at 12.25 that night and fixed the time in relation to his other movements, having left the Addison flats at 12 o'clock when he went to the post office, mailed a letter which he had written and returned to the Pres cott, getting there at 12:25. He told of his going to the Pres cott that night after having taken a young lady to the show. That he fixed the time of his visit to tbe hotel by, having noticed by th? clo-.k on the lady's dresser that it was 12 when he iett her. That he Came in to the hotel at 12:25 and rematned there with Gummer until ten minutes to 1. That when he entered the hotel he walked toward the de*U and that (/ui.imer was not in sigh-, but that as he walked toward the deck Gum mer stuck his head up over tbe cigar case. That he walked over the d-ii.' case and stood there talking to Gummer to a short time. Said They Talked of Several Tilings That' Gummer at this time was sit ting in a chair behind thedesk. That Gummer came out from behind tbe desk and around t?iirough a Vloor that shut him off from Brown's sight for a bHef time, when Gummer came out into the lobby. That Gummer walk« ed to the big rbund settee in the center ot v *r v the lobby and stretched himself out on the settee. That he* Brown,, went and sat down witfe' Gummer on th? settee. Here they talked. When he cam* jn Browa stated .that his first remarJc to Oum mer w*. sto ask htm been. *hy he did not, supper.* 'Thar-k&irti talking. Hetoli^, MB.)..