Bemidji Daily Pioneer Newspaper, March 28, 1907, Page 1

e - 1 HI MINKESOTA STORICAL SOCIETY, VOLUME 4. NUMBER 286 BEMIDJ], MINNESOTA. THURSDAY EVENI NG, MARCH 28, 1907. Entire Jury Selected ‘harged Murder and Trial of Case Commenced This Afternoon by x County | Attorney Henry Funkley, Who States What He Intends to Prove.- | Claims Two Confessions Were Made by Wesley. I | The Attoreys JOHN M. MARRIN, Dall and His Daughter Augot Herman Eikstad, Farmer, Frohn. ; Peter Maule, Farmer, Tenstrike. THE JURY: C. W. SCRUTCHINS, of Virginia, Minn of Temidji. Minn- Who Wil Conduct ti:c Difeinse of James Wesley and Pau! Fournier, Charged with Having Killed N. 0. -S.W.Fisk,SewingMachines, Bemidji, J.dJ.Ellis.Laberer. Bemidii I. 0. Ungstad, Farmer, Frohn. S. G. Maule, Carpenter, Tenstrike. F.J.Dunwoody,Farmer,Bemidji. T.J.Miller,real state,Bemidji. B.F.Bishop,Cruiser, Bemidji. J.E.Pitman,Farmer,Jones. D.C.Brenaman, Filer, Bemidji. John M. Fink, Farmer, Solway. HENRY FUNKLEY : County Attorney of Beltrami County, Who Will Conduct the Cases of the State against James Wesley and Paul Fournier i SHERIFF THOMAS BAILEY, Who Has Labored Unceasingly to Unravel the Mystery Sur- round'ng the Murder of the Dahls Iamos; Dabl’s had been murcdered and The case of ti guilt or innocence of defendant. | read some about Dahl’s and their bias. fFunk‘eyg bad been his attorney| F. J. Dunwoody called. = Wesley, charged wish ialling N. | read as to what state intended to|No challenge. disappearance in Beltramicounty | By M. Funkley: Maule lived |last fall; had not read much about Resident Bemidji nine years; O. Dahl o1 April 7, 1904, was|introduce; stated hed wads no| Mr. Eikstad sworn as juror | papers; had formed no opinionjin Tenstrike ten years. Nolcase, formed no opinion; did not {not scquainted Dahl’s, Wesley or I commenced this morning atjimpression on his mind as to|No. 1. as to guilt or innocence of|reason why he could not be fair|know Caldwell or his wife; knew Fournier; read and heard ahout 9 o'clock with M. A.'guilfi or innocenca of accused;| Martin Galchutt called as Judg Spooner presiding Henry Funkley, « ney, appeared 2s p the stato, and John I tin of Virginia, and Cha Scrutehin of this city appeared as counsel for Wesley. reccgnizel that indictment was guilt or innocence of accused; fact that Sorenson was foreign born and Wesley American born would not prevent or bias his finding as to guilt or innocence; The court room was crowded | would give defendant benefit of and every move iu conuectionlany rcasonable doubt. (Con- with the trialis bewg closely!ducted by John M. Martin.) watched. | Conducted by County Attor- James Wesley, who is charged | ney Henry Funkley: Had never with murder in the first degree, | had any business dealings with 1s composed and follows all ofleither Mr, Scrutchin or Martin. »sedi with a watchful | Believed that he could not sit as Heis smooth-shaven simply instrument to find out| juror. By Mr. Martin: Mr. Galchut was born in Norway; is a carpen- ter; came to U. S. when three years old; been in Minnesota twelve years; was not acquainted with Miss Dahl who disappeared and body was afterward found; had read about case N. O. Dahl, jaccusations made against Wesley and Fournier; did not know men had been refused bail; as to read- ing, had been on grand jury two years ago at previous hearing. Mr. Martin challenged for actual accused; wanted to find out who killed Dahl’s; could fairly and impartially,fact Dahl’s same nationality make no dif- ference; would render verdict strictly in accordance with evi- dence; would give benefit of doubt to defendant; with rea- sonable doubt in mind would find defendant not guilty; no challenge. By Mr, Funkley: Mr. Ungstad had taken out papers; .knew Mr. Scrutchin, had no busi- ness with him; did not know Mr. Martin; could serve as juror, try case| and impartial juror; would have no scruples acting as juror should court render death penalty; had no business with Mr. Serutchin; a few had talked with him regarding case; just general discussion, these conver- sations did not influence him; could render verdict according to evidence. Have reason, wouldn’t care to act as juror;' lived up there, would not care to act. No challenge. Mr. Maule sworn as juror No.4. W, S. Chapman callad. By Mr. Martin: Mr. Cbapman, Foote; could give fair verdict. Excused peremptorily. C. G. Stenmoen called. Lives in town Benville; did not konw territory where Dahl's lived; unacquaint~d with the Dahl’s, Caldwell or Foote; born teen years; farmer, living on claim; read about case, heard it discussed; could render fair ver- ‘dict, would give benefit of doubt to defendant; challenged by defendant; excused. J. P, Young called. in Norway, been in U. S. four-| jcase; would decide case as to tes- timeny; give benefit doubt to de- fendant; had no prejudice; no challenge, By Mr. Funkley: Knew Mr. Scrutchin, no business relations with him; knew Mr, Martin, no mentioned; formed no opinion; no. scruples imposing death penalty; no chsllenge, i F. J. Dunwoody sworn juror No. 5. Court adjourned at noon until 1:30 o’clock. Lives in Bemidji; did not know | The members of the jury so eye. and {jurer, as he did not believe in bias; challenge admitted; juror| without any prejudice whatever. | has lived in Bemidji ten years; Wesley or Fournier; had been |far secured were placed under ton X neatly dressed, and bis counten- |capital punishment. Asked if he|excused. Mr. Ungstad was sworn as had read and heard discussed|in commercial business here; the charge of Special Officer | ance betrays no expression of|felt as if he could sit asanimpar-] Peter Maule next juror called. nervecusness. The work of s to try Wesley h much more rapidiy than pected. At 10:30 three ] had been secured. Kach j has been very closely questioned.| By Mr. Fankley: Again asked Judge Spooner ed D.|why he could not sit as impartial H. Fisk, Grabam and ;juror if resalt might impose tialjuror,notwithstanding that the verdict might result in sentence capital punishment. Answered -{could not. Defendant withdrew challenge. State challenges for implied bias. ing the Torr: Resides at Tenstrike, lived in county since 1896; was not ac- quainted with Mr. Dahl; did not know defendant; had read con- siderable about case; formed no opinion as to guilt or innocence of defendant; was born in Canada; did not know Eugene Caldwell his wife or daughtser; might have juror No. 3. Court took recess of ten min- utes. 3 . i Frank Stevens was sworn asjand wife or man named Fred! special officer to take charge of the jurors. Fred Ihde called for juror. Lived village Nymore; born Wis- consin; did not know Wesley,[ i | | | Dahl cases; formed no opinion as toguilt or innocence of defendant; did not know Eugene Caldwell Foote; could render fair and imé partial verdict; would go accord- ing to evidence. No.challenge. By Mr. Funkley: Mr. Cbap did not know the Dahl’s; had read - and heard considerable about - case; naturally formed opinion; challenged for actual bias. Had talked with some peoplewhoclaimed to krow about case; would take evidence to re- move opinion formed; challenge man citizen U, S.; born in Buffalo; jadmitted; juror excused. Dahl or his daughter; knew of!lived Bemidji ten years; associa- Steve Smith called. Frank Stevens, with instructions to attend to their wants. In all there were fifteen venire- wen exawined, twelve of whom |were taken from the regular panel, and four were accepted as jurymen. Three wera from the special venire,onebeing accepted. T. J. Miller called. busin-ss relations; heard case - . i i H. A. Simons for trie d they | penalty of death. Could not.{met Paul Fournier; did not|case against defendant; had read|tions with counsel for dofense! -Resident of Bemidji; lived in _By Mr. Martin: Mr. Miller ___4‘ were accepted by 3 Challenge found true; juror ex-!know Foote. accounts of disappearance of!such that he could be fair; had county six years; cruiser anddid not kflPW the Dahl’s, Wesley | without question. cused. By Mr. Funkley: Occupation|Dahl’s; formed no opinion on|ro scruples in enforcing death surveyor; had read some about oL FOUTDBF; .had formed no are local practici Herman Kikstad, third juror|of Mr. Maule, carpenter; born in | case; no prejudice in his mind;|penaity; read and had talked Dahl’s; didn’t. know Dahl’s; Opinionas to guilt or innocence Chas. Lamon of % celled. Capada, two years old when he|had not talked with anyone wholabout case; had read Bemidji| formed no opinion in case; would | of accused. | first venireman called, and was| John M. Martin: Mr, Eikstad|came to U. S.;1s citizen of United | would be witness in case; married | Pioneer accounts, but would not give verdict according to evi—; By Mr. Fugkley: Knew of no | challenged peremptorily by the had lived in this county eleven|States; knew Mr. Scrutchin, had | man and had children; had no|affect his acts. Peremptory chal- |dence. No challenge by'defense.gfe“on.wby he could not serve as —{ state. years. IHad read in papers ac-|no business relations with him; | prejudice in case; would render|lcnge. By Mr. Funkley: Smith’s real,impartial juror; i.E jury should Tom Symington, City of Be-!counts of death of the Dahl’s. thought he had met Paul Four-|decision according to evidence; G. N. Hildreth called. home Dulath 26 years; citizen‘flfld defendant guilty, would act midji, was called next, and ex-|iad formed no opinion as to guilt nier; had no conscientious|had slight business relation with| By Mr. Martin; Mr. Hildreth|U, S.; 30 years old; folks live in as 5“0_71 T?Efil‘leSS as to whether cused for the reason that he hador innocence of accused. Talk|scruples that would keep him |county attorney; had been before|resident of Solway; lived in coun- | Duluth; real home Bemidji; ob- court inflicted penalty of death; been drawn on pecial venire which he had heard around Be-|from objecting to imposing death | grand jury at this term of court|ty 11 years; 64 years old; did not|jection to line question; over-ihad known D: 'W- Carter, post- | for the regular panel, midji would not cause him to|penalty; believed in capital pun-(in another matter, Mr, Funkley kvow Dabl’s,” Wesley cr Four-|ruled; working for Red River master atQuiriag. No challenge. S Nels Sorenson, livicg in the | form any opinion, ishment; had formed no opinion not his attorney; after listening nier; from what read and heard Lumber company; home in Hub- T.J.Miller sworn as juror No. 6. | town of Jones, was the sccond! By County Attorney: Mr.|as to guilt or innocence of de-|to evidence, if there was reason-{had formed o opinion; would |bard county while working; (by| S. W. Fisk called, A | juror examived. Lived in B¢l {Eikstad was born in Germany;|fendant., No challenge. able doubt as to guilt would give|give defendant benefit of any|court question as t) where lived| Mr. Martia: Livs in' Bemidji; trami county eleven years. citizen of United States; had no| Mr. Maule sworn as jurcr|deubt to defendant. Peremptory | doubi; wasentirely unprejudiced; | past six months), lived Hubbard ! don’t know Wesley, Fournier or, Didn't know N O Dahl or|business relations with either|No. 2. daughter Aagot during life \inm.iMr. Scrutchin or Mr. Martin; Had read something of murder|knew of no reason why he could of Dahl’s, mostly in Minneapolis “ not act as impartial juror; had no papers; all he had read \vns“censcimninus opinion as to the printed in English langusge; was imposing of death penalty; had native Dane; could not be bizsed. never talked with Mr. Scrutchin Challenged juror actual bias. as to case; had not tallted in Sworn and stated had read town; formed no opinion as to L O Ungstad called for juror. Is resident of town of Frohn; did not know Dahl or his daughter; not acquainted with Wesley;knew Mr. Funkley had small business relatiors with him; born in Nor- way, 389 years old, married with family; naturalized citizen U, S. challenge by defense, ' S. G. Maul», Tenstiize, colled. Lives in Tenstrike; not ac- quainted with Dahl’s; formed ro opinion as to guilt or innocence of Wesley; thought he would give defendant benefit of ressonatle doubt; discussions of case and reading accounts had not caused was in fairly good health, and county; called Beltrami county although entitled to exemptisn on home last six years; left Hubbard account of age, would serve, if wanted; excused peremptorily, Henry O’Neil call d. By Mr. Martin: O’neil rasides | atSpooner; lived in county ten years; did not know the Dahl’s, Fournier arnd county two weeks ago; witness mixed as to residence. Witness sworn to answer questions. Witness swore made home Beltrami county-last six years; lived. Hubbard ccunty. Jaror Wesley; Mr. | excused and discharged. Dahl’s; know Mr. Funkley byl sight; heard of Dahl case; formed 'no opinion as to guilt or inno- cence of Wesley; would serve impartially; knew.: indictment simply accusing instrument never tallked with Funkley nsvz case. No challenge. i, 1 e e e s . e aunil