Bemidji Daily Pioneer Newspaper, April 4, 1907, Page 4

¥ S % § § i i } r ! e L JURY RETURNS VERDIET GUILTY MURDER, Coatinued from first page. the body. [t isabselutely incon- ceivable thet Caldwell could have commitied this crime and gone back next morning, and it is not in him. Caldwell is a product of the country, living on adjoining homestead with his wife and two children. He was fairly well to do for that section, had lots of stock and everyshing he needed; had sold timber at same time for nearly as much money asold man Dahl, and was the only per- son in the neighborhood who knew that Dahl bad his money in Crooitston. He believed that Caldwell dis- covered the body the day he passed tho stump with Halvorson and eleven other men, the time he called attention to the sawing on the tree; when he kneeled down to look on the mark left by the saw, I balieva he noticed a smell, despite witnesses who testify that there was no stench until after remamns were uncov- ered. However, they all admit that there were‘‘shell bugs”’ ver- min crawling out of a hole at the foot of the stump and where these bugs are seen there is putrid flesh, and in order to ap- pear on the surface must have access, Believed Cald well said nothing about finding body because he did not want te divide the re- ward with the other men, but purposely withheld his knowledge until reward had been raised. He had heard talk about this,and when told that the amount had been trebled went to the spot and uncovered the body. Caldwell does not come here as a witness to be relied upon, and I do not ask you to believe one iota of his testimony unless corroborated by other reliable witnesses. In connection with whether defendant is depraved enough to commit crime as charged will read report of detective Barrett, who was in jail with ‘“‘Shorty,” and which has been introduced as “Exhibit 3” by the defense (Reads report.) All the circumstances point towards the guilt of the defend- ant and Fournier, and no plaus- ible reason had been advanced for the incriminating incidents, and no reasonable explanations show they are innocent. There were circumstances that speak louder than words and if they found that Wesley aided or abbetted in the transaction, he would be equally guilty as Four- nier. Circumstances are better than eye witnesses. If Fournier did the shooting what better evidence than confession of Wesley who helped devise and carry out the murder, and the testimony of McGraw and Foote which proved this came as if directed from a great overwhelming power over which human skill and ingenuity has no control. Foote gave his testimony honestly, and believed he was doing his duty to the dead, when he testified before the grand jury. After shooting the old man through the head, the girl was wounded and made a prisoner, if for no other purpose than to get her to dig up the money that was not there, but [ do not want to inject anything into the case more beastly than what appears on the surface, and I shall not attempt to prove how the bed in her cabin was broken down—but after accomplishing whatever their purpose, had killed her in a most brutal manner and left her body to fertilize the grass. Tak. ing ali the circumstances in con- sideration, I ask you to convict the defendant upon your oath as officers of the court, and your honor as men. At the conclusion of the ad- dress by Mr. Funkley, John M., Martin addressed the jury on be- half of the defendant. Mr. Martin made an eloquent appeal on behalf of the accused, following the course of the entire trial, the testimony introduced by the state and the defense, and the points made by the de- fense, concluding with a dram- atic statement of bis entire be- lief in the innocence of Wesloy of committing the terrible crime with which he was charged in the indictment—the killing of N, O, Dahl. Mr. Martin thanked the court, the officers of the court and the‘ jury for the uniform fairness shown the defense throughout the trial, He especially commended the jury for patience during ordeal; be knew, himself, what it was to beaway from his wife and children, Mr. Martin prayed God for strength to continue with his argument and he would attempt to show, by logical reasoning, that the young man now on trial for murder was never guilty of the heinious crime with which he was charged—the murder of an old and almost defenseless man. The county attorney, in his opening remarks t> the jury, had stated that he was not a religious man. While the speaker was not known to prayin public, he was coascious of a reverence for matters religious. As he ap- proaches nearer the gravs, the more he liked to meet and con- verse with religious men. One of the troubles with the lawyers of nowadays was that they were not well read in that greatest of of all books—not bound in calf or sheep—the bible. The early-day lawyers were well versed in the bible. The law was founded cn the ten com- mandments, which were after- wards enlarged on by the sermon of the mountain. The speaker challenged any man who was well read in the bible not be struck by the wisdom of the book. No man ever attained real greatness who was not a be- liever in the bible. As he neared his grave, the speaker wished that he had been a more religious man ali his life. Speaker marveled at the won- derful wisdom of the law as laid down by Moses. Mr. Funkley had started him on this discourse by the remark that he (Funkley) was not a reli- gious man. The members of the jury would be called upon to decide a momentous affair—the murder of N. O. Dahl and his daughter. It was too bad the murderer could not be brought to justice. He would rather that his tongue clove to his mouth, his right arm be cut off, if he did not believe in the innocence of the young man who was sitting there, charged with a terrible crime. James Wesley had been a way- ward boy, he had gotten a wrong start in life. But, gentlemen of the jury, he had the bulwark of the constitution around him—he was presumed to be innocent until he was proven guilty, And the state must prove, beyond a reasonable doubt, that he was guilty; the burden of the proof was on the state. The jury must look at the evi- dence and the circumstances surrounding it. There had been many theories advanced by the state, and much that was pure fiction; in fact, much that excells anything ever written by Jules Vern or other noted fiction writers. But men cannot be convicted on theories and fiction, and surmises. The state in this case depends on circumstantial evidence, backedby two fake confessions. When a man will makea con- fession that may lead him to the halter, he must de unduly nflu- enced. The speaker attacked the evi- dence given by Eugene Caldwell and his wife. They had heard the dogs bark- ing near their house at night; they had gone outside and heard a screech and a gun fired. Cald- well had said it must be “Shorty’’ and Fournier doing up Krueger, away over by the now famous balsam tree. 1f Miss Dahl had been in that vicinity, what was she doing thare at that time of night—9:15 o’clock? Why had rot they buried her there instead of going away off to the meadow? The speaker had a theory of his own— Old man Dahl lived with Lis daughter, but would take his handsled and go to his cabin for provisions; he would be accom- panied by his daughter, Now, the assassin was upin a tree, and he shot the old man first, then the girl. He believed that the bullets that were fired into the old wan’s head were from a Savage rifle, and they mushroomed. It looks as if Miss Dahl recog- nized the murderer of her father as being Eugene Caldwell. She was chased by the murderer, after he had fired a shot into her side near the shoulder, and that the assassin crushed in her skull. Suspicion has been cast upon a strong witness for the state who helped weave the chain of circumstantial evidence avound Wesley. Wesley had loosed all of his accusers in the eye, and if he was guilty he was the most re- markable criminal the speaker had ever scen in his twenty-four years of practice. No, the prison- er was innocent; his were the acts of an innocent man. The counsel for the defendant likened Mrs. Caldwell as being similiar to Lady Macbeth. The speaker had another the- ory: Caldwell found the body of the girl where the assassins had killed her, on the trail, and took it up in the meadow. Caldwell’s wife was to be pitied for having to live with such a man as her husband is. If there wes any man of whom he would be afraid if in the woods it would be Caldwell. Mr. Martin compared the respectability of the witnesses for the defense to the character of many of those who testified for the state. Mr. Martin ridiculed the idea of the hand of a higher power ic- tervening in the behalf of the state in finding the Dahl mur- derer, and cited the condition of Charles Martindale at different times when the latter testified. Mr. Martia followed the evi- dence through ' very carefully, dissecting the facts and ridicul- ing the theories, and closed with another strong plea to the mem- bers of the jury to exercise due consideration when they deliber- ated in the jury room. At 10:45, Judge Spooner read his charge to the jury. The charge was a very fair one, the court going into the details of what constituted murder in the first degree aund how one could be indicted for the com- mission of that crime. The indictment was read, and the court charged as to each specific portion of it. Any person charged with an offense, whether he was present or absent, or otherwise procures another to commit an act, isa principal, and shall be indicted as a principal; that while Wes'ey may not have been present at the commission of the crime, if he aided, and abetted and counseled Fournier incommitting thecrime, he was a principal. The charge was fair in every way and left it to the jurors as to guilt or innocence of the ac- cused. GOUNSEL FOR FOURNIER DESIRES GHANGE VENUE Other Prisoner Accused of Killing Dahl’'s Would Like Trial in Another County. This morning the case against Paul Fournier indicted for the the same crime of which Wesley was convicted was called, and counsel for defense pleaded for time in which to prepareaffidavits and argue for a change of venue from this county, and Judge Spooner set hearing for 4 o’clock this afternoon. Attorneys for Fournier claim that owing to public sentiment being strongly against the ac- cused and the wide publicity that has been given the case, it is im- possible to secure a fair and im- partial jury in this county. Mistakes In War. In the Bull Run defeat McDowell laid the blame on Patterson. In the battles around Richmond Lee’s plans failed on account of Huger's lethargy. At Pittsburg Landing Grant would have been successful but for Wallace. At Gettysburg Lee's hands were tled by the dilatoriness of Stuart. And so on from the foundation of the world to the present time. It has been sald by writers on the art of war that every battle is a serles of mistakes. These mistakes are made on both sldes and are the cause of victory as well as de- feat. It is almost amusing to think of the numberless good and sufficlent rea- sons that Shafter could have given if he had Leen defeated in Cuba. If Ja- pan had been worsted in the Russo- Japanese war, one result would have been that Oyama would have writ- ten the book of lamentations and ex- cuses Instead of Kuropatkin.—Chicago Chronicle, THE SLAYER OF STANFORD WHITE IS A SANE MAN Lunacy Commission Makes Report--- Famous New York Murder Trial Will Now Proceed. New York, April 4.—(Special to Pioneer.)—Harry Thaw was today declared sane by the lunacy commission appointed last week to pass on his present mental condition. The report was made to Justice Fitzgerald this afternoon, and while it has not yet been made public, it is said to have been unanimous. The murder trial will now be resumed. CHARGED WITH REBATING. Trial of New York Central Begins at 8yracuse, N. Y. Syvacuse, N. Y., April 4—The case of the government against the New York Central Railroad company, in which the company is charged with rebating in violation of the Sherman anti-trust law, was begun during the day before Judge George W. Ray in the United States court. The charge against the railroad company is that it favored the Gen- eral Electric company of Schenectady in the matter of rates. The main facts are admitted. ‘The railroad company states that it returned 20 cents per ton on freight to the General Electric company, but it is claimed that the allowance was for services at the terminal at Schenec- tady, where the General Electric com- pany owns the tracks and engines; that it was in no sense a rebate, which constitutes illegal payment or dis- crimination. It is set up by the government that the record did not show that the pay- ments were made for handling, load- ing or unloading cars, or doing any specific kind of work, but the return was for so many tons of freight han- dled. The effect, it is alleged, was to reduce the freight rate by the amount paid and that it was for this and no other purpose. BOUND FOR UNITED STATES Hundreds of Japs Reach Mex- ico and British Columbia. ‘Washington, April 4.—Information has reached the immigration bureau of the department of commerce and labor that. hundreds of Japanese have arrived in Mexico destined for the United States. Inspector Braun, who was sent to Mexico by Commissioner || Sargent to investigate the immigra- tion of Japanese to the Uniled States through Mexico, notified the depart- ment by telegraph that he had inter- viewed several hundred Japanese, principally laborers, skilled and un- skilled, who are now in Mexico. Many of them are in straitened circum- stances. They have no intention of remaining in Mexico, but desire to come to the United States. They ex- pect to obtain employment on the railroads of the West and Southwest. Some of them have already applied for admission to the Uniled States and have been denied. The department also is informed that many Japanese are reaching Hon- olulu. There they take passage to San Francisco, bearing passports to- British Columbia. From there they g0 to Vancouver. It is known they have no business in Vancouver, but intend to make their way across the Northern border to the United States. The general situation is regarded as serious by the immigration officials, but it practically is impossible to pre- vent smuggling across the border of either Mexico or British Columbia. BRIGANDAGE PREVAILS. Some Sections of Philippines Are Far From Peaceful. Manila, April 4.—The president’s proclamation fixing July 30 as the date for the election of a national assem- bly finds a somewhat involved political situation in the islands. Pulajanism still exists in Samar and while the authorities have no fear that it will result in an insurrection brigandage in the unsettled areas still prevails. In Nueva Ecija, Laguna, Pampanga, Bulacan, Tayabas and Cavite prov- inces the Japanese sentiment is ap- parently used as a pretext to incite the people. The Progress party is not considered likely to elect its whole ticket, as the Independent party is making a strong showing. Advices from the provinces indicate that the two party’s methods are inconsistent, both posing as friends or as enemies of the Americans, as the situation de- mands. The governor of Laguna province has discovered the existence of a re- organized Katipunan, or Tatalog anti- government soclety, similar to that formed under Spanish rule, now head- ed by Dominator Gomez, a name lik- ened to that of Dr. Rizal, the martyr to the cause of the Filipinos. RESIDENTS PANIC STRICKEN. Violent Earthquake Shocks Occur in One of the Azores. Ponta del Gada, Island of St. Mich- gels, Azor April 4—Violent earth shocks prevailed throughout this isl- and during the night. The worst dis- turbance occurred at Villa Franca, where the panic stricken people fled to the outskirts of the town. The wealthier inbabitants are leaving Villa Franca, the ancient capital of St. Michaels, which was twice previously destroyed by volcanic eruptions, being practically swallowed up by an erup- tion of mud in 1522, Break In Ranks of Strikers. St. Louls, April 4—A break in the ranks of the striking brewers and masters developed during the day when a delegation of eight members of the union called on Brewer August A. Busch and told him they would re- turn to work it guaranteed protection, They were assured of protection and promised the advanced wages offered ! the strikers as a basis of settlement. Consider Trust Prosecutions. ‘Washington, April 4—An impor- tant conference was held at the White House during the afternoon on the subject of trust prosecutions now un- der way by the department of justice. Those present included four mewmbers of the president’s cabinet, Messrs. Root, Bonaparte, Garfield and Cortel- you. Three Children Burned to Death. Grand Forks, N. D., April 4—Three very young children of Mr. and Mrs. Herbert Henderson of Langdon were suffocated in a fire which destroyed their residence. The fire started while the mother was. visiting a neighbor, She locked the door before leaving. Several Men Badly Battered. Lorain, O., April 4—The first out- break in the present strike at the shipyards occurred during the night when a lively fight between strikers and private detectives in the employ of the company took place. Several of the men on both sides came out of the fight badly battered. Fire Delays Work in Tunnel. New York, April 4—Fire caused by a spark from one of the boilerrooms in the excavation for the McAdoo tun- nel terminal at Dey, Fulton and Church streets did damage estimated at $60,000 and a delay of thirty days In the completion of the work on the huge terminal buildings will result. An obstinate fruit stain can gener- ally be removed by holding the spot over the fumes of sulphur. Simply Couldn’t Suppose It. Bcottish folk are proverblally canny and prudent in money matters, and the following shows that the younger generation s no exception to the rule. A teacher in a lowland school was taking mental arithmetic with a class of boys. She asked one urchln: “How much would your mother give you to buy four pounds of tea at one and six a pound?’ that, mum.” “Never mind that. Four pounds at one and six?” “But we canna afford the one and twa.r “Answer the question. What would she give you to pay for four pounds of tea at’— “Nawthin’, mum.” “What do you mean by ‘nothing? " “She’d na’' gie' me only bawbees. She'd tell me tae ask the mon tae pit It doon.” “Oh, dear! Oh, dear! But, supposing she did?” With a pitying swile came the reply, “A can see y'rc ne'er met ma mither, mum.”—Philade!;hia Public Ledger. What Lava Is Good For. Tourists in Italy are astonished at the practical use made of the lava that has flowed from Vesuvius in past and recent eruptions, for all Naples and its vicinity appear to be a world of lava. The streets are paved with drinking troughs, bric-a-brac and even Jewelry of this strange material which once bubbled from the yellow and drip- ping lips of the great crater above. The careless guides make money out of it by pressing coins or otber objects on partially cooled fragments and sell- ing these to visitors. On the ashy flanks of the mountain there is enough lava to build another New York or Chicago—a shoreless frozen sea, it seems, of dull black that shimmers strangely purple in some lights. These heaving billows and snakellke masses were once white hot, steaming and even exploding as the fiery flood met ' down, “We na'er get sae much at once as | six, mum. We always hae the one and ; it. There are staircases and statues, i some little innocent stream on the way ' l Beggars and Weather. “What weather is best for our busi- ness? Why, winter weather.” sald the | beggar. “Sure, winter makes people generous to the poor. In summer peo- ple have an idea that everybody can get along somehow. It's warm then, tyou know, and they think the poor won't suffer anyway. But the colder the weather the warmer it makes peo- ple's hearts, and the more they give then in some ways. 7The one draw- i back to my particular line of business In winter is that in cold weather every- body goes about In the streets with gloves on and overcoat Luttoned up, tand men that would put down thelr names for a good sum on a subscrip- | tlon list indoors, where they could give "1t In comfort, are not so ready to drag off their gloves and drag open thelr . coats and go down in their jeans for a nickel out of doors. Even with this drawback, and it's a big one, T d» bet- | ter in winter than in summer. But if !t wasn't for that in winter I'd get i rieh."—New York Sun. His Name. ! “Who is that long haired fellow?"” “Uriah Rembrandt Peiggs, He's making quite a name for himself.” “I should think he would. If my ' parents had given me a name like his T'd have started to make one for my- self at once.” | b SR ! Discharging the Cook. | “Well, cook's gone at last, John,” ! said Mrs. B. | “Good. You must have had more courage than I gave you credit for to ! discharge her.” I “I didn’t do it. She discharged her- self. T flattered her so about her cook- | Ing that she thought she was too good ! to stay with us, and off she went.” Music Hath Charms. restaurant playing. l “Yes, sir.” “Waiter!” called the customer in the where an orchestra was “Kindly tell the leader of the orches- steak!"—Tit-Bits. tra to play something sad and low while I dine. I want to see if it won't have a softening influence on this Your Moneys’ Worth or Your Money Bacl But when you are $15, $18, $20, $22, $25, $28 The Lanpher $3.00 Hat New to Silk Gloves. Boys’ Bring in the boys. 0’Learyand Bowser The Greater Department Store Wool Goods—New Ar- rivals come to brighten our al- ready stocks each week, The New Voiles and Panamas are beauties, and the Exclusive Patterns appeal 57 stylish cloth. Ladies’ Notions “Simmon’s Kid Gloves.” and she speaks only in highest terms of the gloves. $3.50. Have them fitted here. up for it 1n the wide variety of lengths and colors. Lace Curtains Going to Move or Clean House? Better come in and talk (ver the Lace Curtain proposition. New Spring Lot now Ready—+“Nottingham” Brussels Net,” “Oriental” etc., from 50c to $7.50 the pair. Mail Orders Receive Our Prompt told about eur men’s Collegian Clothes The Best Fitting, The Best Wearing, The Most Stylish It pays to Investigate Gives you choice from hundreds of New Spring Suits and Top Coats The Yeoman $5.00 Derby Blocks Complete line New Fancy Furnishings Driver’s Wear We're gaining an immense popularity in this line because of the satisfaction we warrant with every purchase, We'’ve the best Driving Shoe in Bemidji Black and Natural O1l Tan—$3.00 to $6.50 Blanket Underwear—The kind that makes you glad you came in—$3.50 the suit Driver’s Outer Suits—Knee Pants with Shirts to Match—The Suit only $6.75 The “Palmer’ Oa Suits, Skirts and Cloaks every Fastidious Lady looks for the label. tailoring, the excellent fit and the high quality. $6, $10, $15, $20, $30 The stock is still large, but we urge you to come early. 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She admires the perfect Come and famous “Du Brock” Waists 50c to $6.00 p and some for special dress ) DS ez 00 THE HOME OF BOYS CLOTHES