Bemidji Daily Pioneer Newspaper, April 3, 1907, Page 1

THE BEMIDJI DAJLY PIONEE VOLUME 4. NUMBER 291 BEMIDJ1, MINNESOTA. WEDNESDAY EVENING, APRIL 3, 1907 TEN CENTS PER WE—E_I_( DEFENDANT WESLEY PLACED ON STAND; STOUTLY MAINTAINS HE IS INNOCENT Enters General Denial of All Allegations Made in the Case-:- Arguments of Attorneys for Both the State and the De- fendant Being Made---Court’s Charge to the Jury to Be Made Tomorrow When coart opened this morn-| ing, there was the same attend-; ance and alleyes were again directed on Wesley. The defense announced there would be but one witness (H. J. Loud, expert on bullets and bullet wounds) when Wesley would be put on the stand to testify in his own behalf. The crowd was restless during the time Mr. Loud was on the stand, and plainly wanted Wesley to begin the recital of his life aand his version of the time he lived in the Quiring country, and his relations with N. O. Dahl and his daughter Aagot, who were ruthlessly slain in the spring of 1904. Continuing testimony for the defense at attempt to impeach several of the state’s witnesses late yesterday afterncon H. J. Loud was called. Witaess that he was county attorney of Beltrami county during 1904. At session of grand | jury in September of that year presented the matter of the Dahl murder to grand jury. Did you request Caldwell and Mrs. Caldwell to tell all they knew about the matter to the grand jury? Yes. Did Eugene Caldwell inform grand jury that he had heard Wesley say that he knew the old man had a plant, and he would like to make him dig it up and show him how to spend it? No, he did not. Had requested Caldwell and his wife to tell all they knew, but they said nothing as to ‘“‘Shorty” or Fournier saying anything about old man Dabl’s pile and making him sp2nd it; did not do anything to prevent them telling|igeq to having lain outside the| all they knew, and that the jury indicted both Wesley and Four- nier. J. P. Lahr, who was a member of the grand jury at that time, testified that tims corroborated what Mr. Loud had said. E. E. McDonald testified he was county attorney of Beltrami county from June 1905 to Janu- ary 1907, and stated while county attorney presented togrand jury case of state against Fred Foote for killing of Matt Gannon; tbatl indictment for murder was re- turned against him, and Foote had pleaded guilty to a lesser degree of murder than contained in the indictment; Foote made written confession. Then followed some more ques- tions abous Foote nct telling Me Donald about confession after recciving =entence, which were objected to by the state, and sus- tained by the court. Did you present case of state against McGraw, a witness in this case? Was witness McGraw in this case confined in jail on charge of larceny while you were county attorney? Yes, case was given to girand jury, and no indictment found, Did you afterwards ask him to give information about Wesley that would connect him with the Dahl murder? Asked him if he had occupied | same cell, and asked him if he had any conversaticn with Wes- ley about the Dahl murder that ette paper. with Wesley ten days, and after- wards furnished a full type- You informed him if he would secure evidence against Wesley, you would try to obtamn his re- lease? Objected to and question with- drawn, Allen McGraw testified he had never had conversation with you until two weeks after released, is that true or false? My recollection is it was same day. Did you tell him if he would furnish information, you would obtain his release? Not exactly in that form. Said if he would furnish light on Dahl matter, would take that in con- sideration in determining his case, As county attorney did you employ a detective and have him confined in jail in same cell with Wesley, with the view of secur- ing information in Dahl case? Yes, a detective named Barrett, Then witness stated how de- tective used to communicate with him under various pretexts_and made him daily reports on cigar- Detective was in cell written report. What did you do with report? Gave it to Funkley. Funkley asked for report and produces same. Report of detective Barrett offered as ““Exhibit 3,” and al- lowed in evidence. Here defense attempted to offer in evidence governor’s pro- clamation offering reward for conviction of perpetrators of Dahl murder, which they claim is still in force. Objected to by state and sus- tained. J. A. Fielding of St. Paul tes- window of Caldwell’s house sev- eral times and on one occasion heard Caldwell say he had been wised upand Loud and Bailey would get no more out of him. John Bailey was called to the stand for defense and questioned regarding the arrest of McGraw in Iowa in 1904, also the circum- stances attending his coming here to testify for the state at this time. The state objected and was sustained. Cours adjourned. MORNING SESSION J. J. Ellis was called to testify about something in connection with a visit to Caldwell’s but defense having not laid proper foundation, state objected and were sustained. H.J.Loud was recalled and testified that he was familiar with fircarms and had examined Krueger’s rifleard also .303 Sav- age. Stated he had noticed ef- fect on balls fired from 38-40 that calibre, fired from 38 Winchester int object like skull, would mushroom as would a bullet fired from .303 Savage. Stateobjected and were sustained. The defense continued to try and have witness answer whether would incriminate him. What did he answer you? Said he never had. Winchester, and was shown a cartridge which he identified as Witness was shown pieces of Dahl’s skull, and asked if bullet or flatten, and still enter objecto or not hole in skull had been made with cartridge from Win- chester rifle, such as owned by Krueger, but were blocked by the state with objections. Defense then switched line of questioning from bullet wounds to Caldwell, and asked him again about his testimony before the grand jury when witness was county attorney. Also questioned him about visiting scene of crime when old man’s body was found, and he stated there was no per- ceptible smell from remains be- fore uncovered. James Wesley called. Answers to oath 1u very firm voice. Direct examination by Martin. Lake agency. Boarded and lived with Fournier the winter of 1904, and did not do much while with him except helped to do a little clearing and cooked their meals part of the time: Prior to 7th day of April that winter Krueger brought rifle to Fournier’s house and left it there for four or five days, and also left four or five shells with gun. Witness stated gun was not used until the 7th. Paul came home that day just before noon, and witness had shot a partridge and was after a rabbit, but missed twoor three timesand Fournier had taken gun and Inlled rabbit. Regarding Krueger’s testi- mony Wesley continued that he had heard the date placed as the 8th, and on that day Krueger came to Fournier’s house and said he was going to Dahl’s after Witness gives his age as 80 years. Born in Green Bay, Wis- take a shot at Dahl? No. Did you ever say about Dahl’s plant, that you would like to make him dig it up and show him how to spend it? No. Witness admitted he knew Dahl had sold timber, but did not know amount he received, and didn’t think he had ever said he would like to have | Dahl’s wealth. Witness also denied making remark to. Martindale about ‘“blonde’, referring to Miss Dahl. Did you ever say to anyone, that you would like to get girl, or old man’s wealth? No. Witness stated Martindale had no reason to be afraid of him or Paul. They had never threatened him. Wesley admitted having sp.ts potatoes. Fournier said, ‘“‘get some for me,” and Krueger went, with Caldwell, Oane time he had Witness stated that after April 7, be had worked on the Mud river drive, and prior to this time Fournier had worked on Blackduck river, but didn’t know where Fournier worked after that date. Witress stated that regarding Mrs. Caldwell’s testimony con- cerning turning looking glass toward the wall, he had aever bheard Fournier say anything about it. Were you at Mr. Dahl's house or the girl's? No. Witness further stated that the only person in the neighborhood he had ever had trouble with was Caldwell. Had no trouble with Mrs. Caldwell, even when he married her sister, Jesse French. All the trouble had come from Caldwell. Wesley then told where he had been since he left taken a¥squaw laway from him Mud river drive in May, 1904, i 1 i Which Will Be Formally Dedicated Friday Evening Special to the Pioneer. Walker, Minn., April 2.—Com- pletearrangements have been made for the dedication of Cass county’s new court house in Walker next Friday. The matter has been taken in hand by the officials of the county and a general invita- tion, through the medium of the local papers, has been extended to the residents of the county. The Cass county court house as it stands is one of the finest struc- tures of its kind in the state. The building was commenced in the spring of 1903 and isat present fully completed, being fully mod ern in every respect. New furniture is arianged in the offices, but the large court consin, where he went to school until about 14 years of age, when he quit and went to work in woods about his birth place. Had been married and had two children, don’t know if they are living, has heard wife was dead. Witness states mother is living at Green Bay, but father has been dead for ten or eleven years. Has two sisters, one living at Green Bay, and one in Colorado, both sisters are married. Has also three brothers, one living in St. Paul, and two in Denver. Witness says he has never been arrested before charged with the Dahl murder, and has never been charged or sus- picioned of crime before. Came to Minnesota in 1897, and Bel- trami_county winter of 1898. Has worked in the woods as gen- eral woodsman, doing such work as swamping, sawing, teaming, landing, top-loading, and has followed the drive. First became acquainted with Paul Fournier during the winter room will be kept vacant until after the dedication, as the room is to be used for dancing on that occasion. The program will include music by the orchestra and by Miss Jen- nie Mysenand Miss Lella Gardner, and an address by Hon. M. A. Spooner. The county officers will comprise the committee on invita- tions, arrangements and reception. The other committees are: Re- freshments, N. J. Palmer, F. L. Wilcox, M. J. Quam, J. B. Spen= cer, Alex B. Riddell; music, I. P. Byhre, L. M. Lange, Alex B. Rid- dell, M. J. Quam; program, J, S. Scribner, W. H. McKeon. N. J. Palmer; floor, W. B. Jones, W. T. McKeown, Alex B. Riddell, M. J. Quam, F. L. Wilcox, J. S. Scribner. but returned shortly and told them there was nooneat Dahl’s. Wesley handed Krueger gun, and thought he sat gun against the wall. Witness continued, Krueger said nothing about cartridges gone; said nothing about hair on gun; nothing about hair being girl’s hair; nothing about sparking girl. Can understand Krueger, been at his house; never had trouble with him, and never made any threats against him. “If Krueger found hair on gun in house I knew nothing about where it came from, and no at- aud Caldwell got mad, ‘“but I didn’t give her back to him, but an Indian got her away from me,” said Wesley. Wesley had another squaw when he married Jessie French, Owen French’s sister. “Cald- well told” me I would get in trouble if I married the girl, and he had French arrested for un- due intimacy with her. I married the girl before French was ar- rested, and Caldwell was mad at me for butting in,” coniinued Wesley. Latter part of April, Wesley tention was called to hair,” said Wesley. Wesley had known HEugene Caldwell and wife since summer of 1898. Had worked with him, bub never worked for Martin- dale. Did you ever at any time dur ing moonth of March, 1904, say in presence of Eugene Caldwell, “Dahl has a plant, and I would like to make him dig it up?” No. of 1900, when he met him atv Ked ' Did you say you would like to heard general talk of the strange disappearance of the Dahls while at Quiring one day. He took no part 1n the conversation, and knew of no searching parties. He left the country the early part of May, and up to that time no one had requested him to search. “Pauland me”, said witcess, talked of the Dahl disappearance, but Caldwell never spoke to us ofit. Alse talked with people about the disappearance in Quir- ing. 3 until arrested at Green Bay, Wisconsin, April, 1905. He came to Bemidji after through with drive and went to Grand Rapids, where he worked until night before the 4th of July. Went from there to Superior, and spent the remainder of the summer and iall there. The winter of 1905 he spent going from place to place in Wisconsin, working in lumber camps. Knew nothing about being wanted for the Dahl murder and visited a sister during the early spring, who is married to the sheriff at Shoto, Wis. Saw no card there that he was want- ed for murder, and was not told. Knew nothing about being wanted when he went to Green Bay to visit his mother. Came home at 10:30 at night, and was arrested at 2:30 following morning, a-d was held in jail there until the arrival of Sheriff Thos. Bailey with requisition papers, and taken to St. Paul, where he was confined from April 2 to July 19, 1905. Brought to Bemidji by the sheriff and confined in the Bel- trami county jail from July 19, 1905, until March 23, 1906. never had an examination and was turned loose. Wesley testified that he had been in Cass Lake, Grand Rapids, Deer River, Nashwauk, and other points on the range and also at Duluth and Superior; had money at this time, which was sent to him by relatives. He worked in Superior, taking care of a horse, and traced his actions afterward until up to July of that year, when he went to Dakota to work in harvest fields. Defendant stated he worked in harvest fields at Casselton,Devils Lake and Michigan City, and went to Deer River last October, about the 12th or 13th. Worked in detaillin logging camps north of Deer River until arrested on Feb. 7th last and brought to Bemidji and lodged in the Beltrami county jail, on the charge of killing N. O. | Dahl, Wesley testified that when he was in the Beltrami county jail the first time he became ac- quainted with Allan McGraw and Fred Foote and also with a man named Barret, all of whom were confined in the jail. He was fairly well acquainted with all of them, but more so with Barret. Barret claimed he was a blow and was in jail for Wesley was chummy with ret; latter was a jolly fellow. Objection by state as to this class of questioning. Mr. Martin stated defense proposed to show that while Wes- ley was in jail. first time, the state at that time employed a skilled desective who tried to ob- tain a confession from Wesley; was in the same cage with Shorty and was confidential with him; in fact, Barret was a Pinkerton detective. Wesley stated he had talked more with Barret than any other prisoner; that Barret was the only prisoner with him. There was a wall between pris- oner’s cells; only place. where anyone could have talked from his cell was through small ven- tilator. By Mr. Martin: Did you at any time and under any circumstances say to anyone that, if convicted, you would commit suicide? Objection by state; over-ruled. I'said if | was found guilty ofa crime which I'had not commifted, | would beat them to it. Did you tell Foote? Think | told Barret; don't think | told Foote. Did Foote sleep in the same cell as you? Mr. Foote never slept in the same cell with me. Was Allen McGraw ever confined to the same cell with you? No sir. (Wesley’s answers to these leading - questions came with promptoess and clearness, and he never- wavered or faltered, and there was not the least show of nervousness or fear.) Witness stated that Barret had access to the hall where they could meet and talk. He had first learned that Barret was detective when he (Wesley) heard it in court yesterday. Did you ever tell McGraw or Foote that Paul Fournier killed old man Dahl and also killed daughter, and you and Paul stood waiting for Dahl to come out, and after killing them, all the money you got was $87, and all you got was $20? No sir, never said anything to either that Paul or I killed Dahls on got money. Continued on last page. safe- that.. Bar-