Bemidji Daily Pioneer Newspaper, April 2, 1907, Page 1

THE BEMIDJI DAILY PIONE VOLUME 4. NUMBER 290 MINKESGTA HISTORICAL SOCIETY. BEMIDJ1, MINNESOTA. TUESDAY EVENING, APRIL 2. 1207 PROSECUTION RESTS IN T —— TEN CENTS PER WEEK iE DAHL CASE; ATTORNEY SCRUTCHIN OPENS FOR DEFENSE County Attorney Funkley Occupied Forenoon With Testimony as to Paul Fournier’s Whereabouts in Spring of *04.- Attorney Scrutchin Opens Defense With Strong Plea for Careful Consideration. There was another large crowd | dollar bill in addition to some or 20 days. Saw Fournier a- in the court room this morning when court opened. Wesley was eyed by everyone, to note what effect, if any, the confessions and other strong evidence intro- duced by the state yesterday had on him. The accused man was as com- posed as ever, and there was a look on his face indicative of a determination not to break down on any conditions. He conferred with his counsel, making oc- casional suggestions, and was in no wise disturbed by the gaze of many inquisitive eyes. THE GLOSE YESTERDAY. Further cross examination of Foote, failed to bring out any- thing different from that stated i1 the direct examinatior, as pub- lished in last night’s paper. Mr,| Martin (uestioned him at some| length regarding the location of ; the different tiers and the in- mates of the several cells.! Foote’s best impression was that! he did not spend more than a: week in the cell with Shorty, Wm. Butler was next called,|money? | and testified that he lived in town Becausje he took out a teu-! of Liberty. Was in Buena Vista|dollar bill after I told mm I§ i April 6, 1904, and met Fournier there. Fournier arranged to have Butler drive him to his home stead, and they left about noon. Stopped that night at Irwin’s Cawmp No. 3, and arrived at Four- nier’s place about noon next day. Butler had dinner there and fed his team after which he returned home. Question by Funkley—Was Wesley at Fournier’s home when you arrived there? Yes. Did you take anything along from Buena Vista? Yes, a trunk, some groceries and two pints of whiskey. What kind of bargain did Fournier make with you? He was to pay me $3. Did he pay you? No. Defense objected to line of questioning, and Funkley stated he intended to prove by witness that Fournier had no money fltl that time, and had plenty of | money after the murder. | No cross-examination. Hugh Dean called. Direct examination by Funk-! ley. You were foreman for Thief River Falls Lumber Co, at the mouth of Blackduck river spring of 19047 Yes. Witness testified that Fournier | worked for the company that’ spring from the 16th to 22nd of silver. Cross-examination by Martin, she engaged in a spirited tilt with theattorney for the defense, who wanted to know how she happened to be so sure about the amount of money shown by Four- nier. You took notice of eight ten. dollar bills? Yes. You are sure they were not one-dollar bills? Yes. You were very much interest- ed in seeing so much money? Surprised me, yes. You were surprised that he would show s0 much money in your house? Yes, rather. What was he doing that for? Ask him. You stated he owed French $4, why were you surprised to see him take out so much monay? He didp’t have to take oot a ten-dollar bill to pay $4 when he had a five dollar bill in his pocket. | How did it strike you as pecu- | liar that he showed so much 1 couldn’t change five. MORNING SESSION Court opened at 9:40. Scrutchin asked if there is go- ing to be any mcre testimony connecting defendant with find- ing hair. If not, strike out that portion. State said there was| more testimony along that line. Court: Motion can comelater. David Miller was called and testified to having seen Fournier at Buena Vista the fore part of April 1904, but could not fix the exact date; had loaned Fournier $2 at that time. Did not see him at any other time during April. Thought Fournier was broke. Asisea to state the exact date, witness could not do so. Cross-examination brought out nothing new. The court stated that if it could not be shown by evidence! that this was prior to April 7th, | he would have evidence stricken | out. Mr. Funkley stated that he proposed to do so by other wit nesses. Also proposed to show | that Fournier had no money on | April 6th, 1904. Considerable deiay was caused in trying to find William Butler} and also again securing Miller to | testify. By Mr. Funkley: [t will be! impossible to clear this point until the arrival of Henry Green- field, a witness who will be here Will i March, and from the 12th ofl‘,“" the R“"d' Luke Lrn.in: I May to June 10, and was paid in|Procced with other points, if total for his work $38.15. jagre a.ble to court, showing that No cross-examination. Fournier had money afier the Eugene Caldwell recalled. murder, and how much he earned | The state attempted to prove; after April 1. by him some transactions of} Tke Halvorson called. Fournier involving among other ! Witness testificd that Fournier things the price and purchase of; Worked on the drive -in 1904 for a horse, but defense objected Irvine on Blackduck river. and were sustained. 1 Sta1t2d early part of April and Mrs. Caldwell recalled and, worked eight deys at $250 per questioned about money that day. Paul did no other work Fournier displayed in her home'¢Xcept for Zugh Dean any time shortly after returning from|after that time until July 25, work on drive. when the body of Dalil was found. Fouruier owed French $4, and; Cross-examination by Martin. asked Mrs. Caldwell if she could! Witness lives two miles from change a bill, displaying eight'F'uuruier‘s place and worked the ten-dollar bills and one five~1spring of 1904 for Hugh Dean 15 round home and the lake all the time. Was sure Fournier didn’t work much after April 7. Martin brought out that the only reason Halvorson had for saying that Fournier was not working much that spring was that he saw him loafing around the Quiring pnstoffice. Paul told Halvorson that he had worked eight days, but witness stated that he did not pay much atten- tion to talk of lumberjacks about work. Couldn’t say that mem- ory was refreshed since talking to county attorney. Re-direct examination Funkley. Paul Fournier was lumbarjack and homesteader. Homestead by ldid not yield anything at that time? By the court: What kind of work was there then for a man like Fournier to make money? Only drving logs. Mrs. Eugene Caldwell called. Remembered when Paul Four- nier came back from Tamarac river in June some time. Four- nier purchased a horse, gun re- jand dog. Paid ~$25 for horse: $5 for dog; $2 for gun ard brought $15 worth of provisions with him By the court: . What date did Hugh Dean testify to yesterday as to date when he paid off the driving crew on Tamarac river? Worked in April and again in June. By the court: Testimony is subject to objection. Objected to. Ruling reserved. Cross-examined by Martin. Mrs. Caldwell, is testimony now given as true as any you have given at this trial? Yes. Hugh Dean called. Testified Fournier worked for him from March 16th to 25th, and from May 12th to June 1st, and paid hin $58 and some cents. State offered time checks in evidence. Dean testified that checks were orders issucd to Paul Fournier for work done for him. Amount paid was less $5 camp account. Cross-examination by Martin. Witness did not remember exact am-uns paid Fournier ex- cent as Lo <1 by checks. Ra-dir ¢t : xamination. Dean stat=d he knew time put in and amount paid. Mrs. Cali well recalled. Testified she had talk with Fonrni-r when he came home | from Tamarac river after work- ing for Dean. Fixed date as be- j1ng ahout the 15th of June. D fease oMjected on ground |tbey d'de’t know who Fournier had been working for. (Laughter in which Weslev joined.) Cross exsmination by Martin. Witness st:t<d Paul told her he bad been working for Dean. Further stated she had not told anyoae about Paul’s return from drive except in court, and reiter- ated that everything she said was just as true as what she swore to yesterday. Owen French called. Direct examination by Funsley Witness testified he remem- bered occasion when Fournier returned after working for Dean, but couldn’t place exact date. Paul paid him some money at that time and told him he had quit working for Dean. Knew v Fournier had bought horse, dog, gun and provisions at that time, and paid the amounts as testi- fied to by Mrs. Celdwell, who to- gether with her husband were present at the time. E. Emerson called. Witness testified he was an em- ployee of the M. & L. railway. Stated he was at mouth of Tam- arac river in the month of June 1904, and sold Fournier ahorse for somewhere about ' $30, and was paid the amount. John Gilstad called. Witness stated he was a farmer and lived south of Blackduck Was deputy sheriff in 1904, and went to Caldwell’s place in June that year. Paul Fournier was there as well as Caldwell and his wife. The disappearance of the Dahls was discussed. Fournier stated he had seen a moose going over towards the Dahl’s, and asked Caldwell if anything had bzen found of them. Witness said Fournier’s face colored when he asked the question. Caldwell replied,“nothing yet’’ adding, “it’s between you Shor- ty and I, who done this.” Four nier’s face changed to a purple color at Caldwell’s remark, con- tinued Gilstad. Cross examination by Martip. Witness admitted having testi- fied at preliminary examination of Fournier before Judge Skin- vik in January. Did you when Caldwell said “It’s up to you, Shorty and IL,” say ‘“they are suspicious, and liable to arrest youany moment?” Yes, I think Caldwell said, I am innocent.” Witness admitted that anyone might flush when accused of such a crime; also said that it was in June and rather warm. Harry Greenficld and William Butler were recalled and testified to practically the same evidence they gave yesterday. Greenfield said that Fournier was at his place in Buena Vista April 5th and 6th, 1904; that Fournier had some drinks charged and be- lieved that Fournier was broke at the time; that Fournier left with Butler on the 6th, for his (Four- nier’s) claim, taking two pint bottles of whiskey with him. Butler told of taking Fournier to the claim. Henry Funkley, county attor- ney, was sworn on behalf of the state. The counsel for the state said he was present in the court room whben Mr. Martin (counsel for Continued on last page. BILL ESTABLISHING NEW NORMAL SGHOOL PASSES The General Bill Locating Sixth Schoo| in Northern Minnesota Passes House by Vote of 69 The prospects for the sixth Normal school to be located in| northern Minnesota becomes brighter as the session draws| to a closo. The friends of the bill have worked hard and a vote on the bill taken this afternoon gives it a safe majority. For the past six weeks repres- entative Opsahl has given this bill his undivided attention and the result in today’s session is evidenced by the following tele- gram received from Mr. Opsahl. State Capitol, St. Paul. Remidji Pioneer, Bemidji, Minnesota. The General Normal bill just passed the house with sixty nine votes. Feel sure we can pass it EUGENE GALDWELL SWORE FALSELY AS TO ONE AGT Caldwell Knew the Reward Had Been Raised Before He Found N. 0. Dahl's Body. One of the surprises of yester- trial wads the act of County At- torney Funkley in getting the relative to the finding of the bcdy of N O. Dahl and the direct statement of Caldwell that te (Caldwell) did not know before he found the body that the re- ward for its recovery had been raised from $500 to $1,500, and then proving directly, by another witness, that Caldwell had testi- fied falsely, and that tbe other witness (John Anderson) told Caldwell and Owen French that the reward had been trebled, (The Pioncer had this testi- mony yesterday, along with the type was inadvertantly over- looked while the forms were be ing made up and omitted from the remainder of yesterday’s account.) The following was the testi- mony (condensed) as given by Eugene Caldwell called. Direct examination by Funk- ley. testimony of Hugene Caldwell| rest of the proceedings, but the | ;day’s procecdings at the Wesley iused by Wesley, Fournier and ?Krueger,lending from Fournier’'s to girl’s house. appearance. Question—Did you ever see Paul Fournier look for Dahl bodies? Answer—No. Question—Did you ever see Wesley look for Dahl bodies? Answer—No. Caldwell testified that on the day he found Dahl’s body he saw John Anderson working on I the Dahl meadow. Is it a fact that John Anderson told you an hour before finding body that reward bad been rais- ed to $1500? No. Argument, and Funkley stated +he would prove that he did. Cross-examination by Martin. Was statement you made at prelim- inary examination regarding what your -wife said about owl screeching, which | she stated was untrue, true? Yes, it was. ' Do you still say you told Loud all you knew about Dahls? Probably all I knew, All these stories about “plant” and Fournier’s looks simply ce- tcured to you since? Think I told grand jury all | that. Caldwell and Anderson: | Caldwell further stated that he knew a great deal about Dahl's affairs, owing to their friendly relations, .and when they dis- Witness stated; that he spent much time hunting | for bodies of Dahl’s after dis-! Witness testifled thas _foot | 3PPeRL. ~sdhef;‘;° Tee 1-h%1§in§as°lif travel in April, 1904, from Dahl’s lleased from jail. Never told house to logging road almost im- | Sheriff Bailey or Loud anything possible, and told of blazed trail { while in jail, but thought he had |told the shenff about Wesley and :Fournier afterwards. Re direct examination. Time you got down on knce and lcoked under roct of tree, did you see something that gave you anidea the old man was there? 1 No. John Anderson called. . Direct examination by Funk- |ley. { Lives in Quiring, and knew Caldwell, ffrench and the other rarties, Remembered circum- stance of finding Dahl’s body. Saw French and Caldwell come from brush pile, and told him they had found body, and went there but saw nothing until they dug with a stick and brought out part of hair and scalp. Saw Caldwell an hour before in his yard, when coming from | Carter’s, where he learned re- ward had been raised to $1500, and told Caldwell. Cross examination by Martin. After French and Caldwell had yelled to you from brush heap that they had found body, and you came up there, was there anything to show thz body of Dahl? No, nothing but small hole. Witness stated that he was at | scene of the finding of bedy three weeks before in company with Caldwell, and that Cald well had called attention to sawing on the old spruce tree. In impeaching Caldwell’s tes‘i- mony, the state did so with tl:» | belief that Caldwell was no party to the killing of the Dahl’s, but that he discovered where . the body of Dahl was concealed when he passed the spot the week previous with a number of other men; and that Caldwell simply did not reveal what he knew until the reward had been raised, when he went to the spot and re- covered the old man’s remains. 3267. Clothing House This spring apply to your clothes-buy- ing the idea we’ve applied to clothes- selling---Specialization. Our object is to supply men of taste and judgment in style and quality with the things they want. We've made the test to find what’s best and will assume all responsibility. We know! We say! SPECIALIZE ON The House of Kuppenheimer Spring Suits, Top Coats and Raincoats For the Men and Young Men $15 to $25 We Gordon flat 1n the Senate also. J. J. Opsahl. Gordon Hats hats, wide band idea. Novelty Suits, sizes 2 1-2 to 6. Say: “Lion Showing shapes fcund in few other stocks set brim stiff Spring sha Telescopes—new “Cadoe” telescope, new round up and new perfecto, all’shapes i i oo Boys’ “Best-Ever” Clothes Young Men’s Suits, 12 to 20 years Two-piece Suits, sizes 7 to 16 years ; We Say Brand” Shirts Exclusive Effects—Greatest Stock des feature—Maize in new satin-siripe madras. and silk barret crepe $1.00 to $2.50 Two-Fifty to Twenty Dollars The Local Control over Florsheim and Walk-Over Shoes