Bemidji Daily Pioneer Newspaper, April 5, 1907, Page 1

THE BEMIDJI DATLY P VOLUME 4. NUMBER 293 IONE MINNESOTA HISTORICAL k - -mfl Y. BEMIDJ1, MINNESOTA, FRIDAY EVENING, APRII, 5, 1907 CHANGE OF VENUE DENIED FOURNIER Judge Spooner Denies the Motion of Attoineys for the fendant for a Change of Venue. A De- Special Venire of Fifty Jurymen Has Been Issued Returnable Tomorrow Morning at 9 o’clock. Judge Spooner this morning | denied the motion of the defense for a change of venue from Bel- trami county in the case of Paul Fournier indicted for the murder of the Dahls in connection with James Wesley who was convicted. Attorneys Martin and Scrut- chin for Fournier submitted their affidavits setting forth that owing to the wide publicity which had been given the case, in con- | nection with the verdict of guilty rendered by the jury against| Wesley, it would be impossible to secure fair and impartial jur-| ors from this county. Attorney Martin stated he felt! that it would be almost a farce on their part to go to trial in this county, claiming that nearly everyone eligible for service as jurors had read and heard the case discussed to such an extent; as to have unconsciously pre-| judiced the defendant, and stated | that their client was entitled to! an impartial trial even though| it bankrupted the county, and|] moved to have the case heard in another county in this judicial district not contiguous to Bel- trami, County Attorney Funkley op- posing the motion stated that the facts and evidence in the Wesley case were substantially the same 1gainst the defendant in this | on. That in the case of Wes- out of a special venire of 50 ddition to21 jurors of the el, a jury was selected in less five hours. The state in this case exhausted only tive out of 10 peremtory challenges and the defense only took advantage of six peremptories out of 20 al- lowed them. Only six charges for actual bias had been found jtown board of Shotley; F.O. true by the triers, and only 26 members of the regular panel and special venire were -called before the jury was complete. In support of his contention that no sentiment detrimental to Fournier existed in the county Mr. Funkley read affidavits made by prominent citizens who were in close touch with the people of the different sections of the county. Affidavits in sup- port of the county attorney’s position made by O. B. Olson, general merchant, Kelliher; C. J. Pryor, manager Pioneer, Be- midji; H. N. Tweeten, chairman Sibley, county commissioner Third district; Wes Wright, chairman board of county com- missioners; C. J. Stenmon, farm- er, Benville; Henry O’Neil, real estate dealer and farmer, Spoon- er; A. H. Kleven, real estate dealer, Bemidji; G. N. Hildreth, farmer, Solway; Nels Sorenson, farmer, Jones; were rcad and filed. In denying the motion Judge Spooner stated that he could not| conceive that conditions existed as claimed by the defense, but believed the attorneys were prejudiced in favor of their client to such an extent that they did not see the true conditions. The court farther stated that at the opening of the Wesley case he had in anticipation of | difficulty in securing a juryll called a spzcial ven ire of 50, but it was discovered upon comple- ticn of the selection of the jury that this had not been necessary, the bulk of the jurors having been chosen from the regular panel. At that time the defense had made no suggestion that de- fendant could not secure a fair and impartial trial, and the court believed that had a verdict of ac- quittal been rendered in the Wesley case the defense would not now ask for a change of venue for Fournier, and did not believe that public sentiment had under- gone any change. The court also stated that he believed the jury in the Wesley case had decided honestly and impartially in accordance with the evidence. The fact that they bad arrived at a verdict so quickly had no significance, and that he bad never seen in Beltrami county a better jury than that which sat in the Wesley case. In the opinion of the court it is not impossible to secure fair and impartial trial if proper cau- tion is used in selecting the jury. It is hardly possible to find any- one qualified for jury duty who has read the papers that does not believe the Dahls were mur- dered, and the defense has ad- mitted this. After conference between the attorneys Judge Spooner issued acall for a special venire of 50 returnable tomorrow - morning at 9 o’clock and the selection of the jury in case against Four- nier will begin. The court suggested that the sheriff send deputies in different directions along the Great North- err rallroad west of the Wilton and Red Lake railroads and the M. & L. road so there would be no delay in securing a complete venire from which to choose the jury. All the jurors on the old panel were excused, and as none of the attorneys'present were ready to go to trial with any case in the meantime, court adjourned. WILL REMAIN AS THE PRESIDENT OF THE U. N.D. W.R. Merrifield, Well Known in Bemidji, Withdraws Resignation as Head of *Flickertail” University. Grand Forks Herald: Presi- dent Webster Merrifield, of the University of North Dakota, de- cided yesterday afternoon to yield to the appeals of friends of the institution and remain at its head. Atameeting Wednesday the regents had urged that Pres- ident Merrifield withdraw his resignation and it was in veply to this appeal that President Merrifield sent the following letter to the board yesterday afternoon: “Honorable Membvers of the Board of Regents, University of North Dakota: “Gentlemen: I cannot even at- tempt to express to you my ap- preciation of the significance of your action in refusing to accept my resignation of the presidency of the university, and in earnest plea requesting me to withdraw the same. Iam most reluctant to withdraw my resignation, for I am sincer:ly anxious for per- sonal and family reasons to be relieved of the cares of the presi- dency, as soon as, in your judg- ment I can do so withous embar- rassing the institution; but in my united faculty, from the alumni association of the univer- sity, and as well as from scores of alumnuses and alumnae individu- ally, I am willing to yield to your judgment. “I am impelled to this decision by the single consideration, dwelt upon in almost every one of the letters received, urging me to a reconsideration of my determination to resign the pres- idency at this time—that, in go- ing now I should add to the em- barrassment of the university, already embarrassed by the recent reapportionment of the mill tax, and that, at this partic- ular juncture, in view of my con- nection with the institution from | its opening day and consequert intimate knowledge of its needs, I can, perhaps, better thananew untried hand at the wheel, guide the university through its pres- ent difficulties. “Very respectfully yours, Webster Merrifield.” Professor Merrifield is well known in Bemidji, He owns a cottage at Grana Forks Bay,-and has spent several summers here, with his family and a number of friends. The regents of the University of North Dakota are fortunate in inducing Prof. Merrifields to re- main at the head of that institu- LUMBERMEN ARE GETTING READY FOR THE DRIVE Are Hiring Men, and Have Everything in Readiness for Opening of the Rivers. Lumbermen in this section are now awaiting the opening of the lakes and streams, and are ready to proceed with their drives with the first break of the ice. The larger drives 1n this sec- tion will be the Mississippi and LaSalle drive of the Grand Forks and Crookston Lumber Com- pany from Lake Itasca to Lake Irvine, from where the logs will be either taken to the lecal mill or hoisted and shipped to Grand Forks. J. A Irvine is now hiring men for the Pine Island district, where he will take out a large drive over the Tamarac river, and the Crookston Lumber Com- pany will drive the Blackduck and Battle rivers. Remember the open air con. cert on the street tonight. Prof. Weaver and Mr. J. O. Buswell are here from Wisconsin with Mr. Higgins and Mr. Davis. Henry Logan of Grand Forks tion. The president had intended view of the earnestly expressed request which has come to me from your honorable body, from that proposed promoting electric railway from Grand Forks to Maple Lake. was in the city last night on his entering the business field, and|way home from a trip to the Big it was announced that he would | Fork country. be at the head of the company |beavily interested Mr. Logan is in Itasca county timber and mineral lands and his visit to the Big Fork dis. trict at.this time may not be without significan . TEN CENTS PER WEEK MINNESOTA STATE LANDS Great Opportunities in Northern Minne- sota for Homeseekers---Fertile Lands, Ideal Climate. The booklet just issued by the state immigration department under the above title does not by any means say the last word that may be said in behalf of northern Minnesota. But what it does say is very attractively pre- sented; and, placed within the reach of homeseekers, the work should be very effective in draw- ing them to Minnesota lands. Its main purpose is to adver- tise the 800,000 acres of school and other state lands to be offered for sale by State Auditor Iverson in June and July of the present year. These lands are scattered across the breadth of the state, and the southernmost county containing them is less than sixty miles north of St. Paul. They lie in the counties of Itasca, St. Louis, Crow Wing, Clear- water, Beltrami, Cass, Hubbard, Wadena, Todd, Kittson, Marshall, Polk, Roseau, Red Lake, Becker and Pine. Every one of these counties is traversed by at least one and a number of them by several railroads. Especially attractive to men of small means are the terms on T0 BE SOLD JUNE AND JULY which the lands are offered. They are sold at auction, in lots of not exceeding 160 acres, with 2 limitation of 320 acres to any one individual. The minimum price is §5 per acre. Only 15 per cent 1s required to be paid down. It is thus possible to acquire a 40 acre tract by a cash payment of only §30, or a 160.acre tract by a cash payment of $120. For the payment of the balance forty years’ time is allowed; the in- terest rate being only 4 per cent per annum. There would appear to be a fine opportunity here for the promoter with small capital but sufficient enterprise, to make a little money, and perhaps get his name applied to a village, by se- curing a 320 acre tract, dividing 1t into ten-acre holdings, each with a small house on it and sell- ing these to a colory of Italian or other immigrant farmers, on easy terms. Many of these would very likely sell half their lots to fellows of their own na- tionality; most of them—the Italians especially—have found out what a good living can be made off of five acres well cul- tivated. The result would be, in a year or two, a ‘‘garden colony” of 200 or 300 people, and the oc- cupancy of more land in the same way. If this method can be successfully applied in filling up the south and southwest, a: it is, why not in.Minnesota? Spooner a “‘Good ~ Thing.” Spooner Northern News: Mr. Fransov, of International Falls, president of the Spooner Town- site Co.,, was a caller at the “News” office on Wednesday. Mr. Franson made a flying trip to this place on business re- lating to his company’s interests here. A short time ago his com- pany was given the decision in the townsite fight and they are now prepared to go ahead and make a town, The land will be cleared at once. Mr. J. E. Everett secured the contract for clearing the entire 160 acres; will begin eperations immediately and it is expect- ed that in a short time they will be in a position to put the lots on the market. Mr. Franson is interested in several lownsites in the Rainy River district on the American side, and says, “I believe Spoon- er is the best location and has the best future of any townsite on the Rainy River.” Mr. Franson will not give out information at present regard- ing manufactures, but intimates that there will be several locate here. Additional local matier will be found on fourth page. B'MAGNITUDE OF LAND DEAL NOT REALIZED Purchase of Lands By Donald Land & Lumber Co. Involved 30,000 Acres. In the haste of going to press on yesterday the significance of the purchase made by the Don- ald Land and Lumber company of cut over lands from Samuel McClure and the Clear water Log- ging company was not fully grasped. The confidence of the Donald Land aad Lumber company in this section is not confined, as nur heading said, to hundreds of acres, as the fact is the purchase covers over 30,000 acres in the towns of Liberty, Buzzle, Dudley, Maple Ridge, Roosevelt and Sinclair, and an investment of over Qne Hundred Thousand Dollars. Elect Officers. The Ladies Aid society of the Episcopal church met at the home of Mrs. W. A. McDonald yesterday afternoon. At this meeting the following officers were elected: President, Mrs, Melges; Vice President, Mrs. S. E. DeLong; Secretary, Mrs. G. E. Crocker; Treasurer, Mrs, Abercrombie, Men’s Regular $2.50 Hats, $1.50 Now Is the RIGHT NOW, at the beginnirg of the season, when vou need the goods, we are offering the greatest val- ues in MEN'S TROUSERS, HATS, SHIRTS and CHIL- DREN’S SUITS that were ever offered in Bemidii. Special Bargains for Friday, Saturday and Monday Men’s All Wool $4.50 and $5.00 Trousers at $3.50 Men’s All Wool $3.50 and $4.00 Trousers at $2.50 Men’s Worsted $2,560 and $3.00 Trousers at $2.00 Men’s and Boys’Hats Men’s Regular $3.00 Hats at $2.00 Men’s Regular $1.50 and $2 Hats at $1.00 Men’s Regular $1 and $1.25 Hats at 75¢ Boys’ Hats at about 1-2 Usual Price refunded WINTER @ CO. PHONE NO, 30 Satisfaction guaranteed with every purchase Men’s Shirts, all new stylish patterns, at 1-4 off Young Men’s and Children’s Suits One lot young men’s suits, sizes 32 to 35, at 1-2 regular price We are going to discontinue tlis line and offer them at a price that is s wre to close them out. Children’s regular $4.50 and $5.00 Suits at $3.75 Children’s regular 8.50 and 4.00 Suitsat 2.75 Children’s regular 2.50 and 3.00 Suitsat 1.85 A Few Numbers of Men’s Spring Top Coats at I-2 Regular Price Do not fail to examine these before purchasing, as they are the greatest bargains ever offered in this city WATCH our SHOW WINDOWS for SPECIAL BARGAINS in HATS and TROUSERS and be sure and come in and examine the SHOE BARGAINS on our BARGAIN TABLE. A fresh supply of RUBBERS of ALL STYLES and ALL WIDTHS just received. or money cheerfully I