Bemidji Daily Pioneer Newspaper, April 8, 1907, Page 1

- vy MINKESOTA HISTORICAL ORIETY. i /@ VOLUME 4. NUMBER 295 BEMIDJ1, MINNESOTA, MONDAY EVENING, APRIL 8, 1907 - TEN CENTS PER WEEK JURY IN PAUL FOURNIER CASE SECURED FUNKLEY OPENED CASE FOR THE STATE Jury Completed This Morning, and Attorney Funkley Opened Case Shortly After Noon---State Will Show Fournier Told Brother He Killed Dahls---Other Evidence About Same as in Wesley Case THE JURY. George Keiser, farmer, Turtle River. Casper Albee, farmer, Port Hope. E. 0. Estenson, farmer, Battle River. Harry Evans, farmer, Eckles. W. J. Craig, contractor, Kelliher. David Boston, farmer, Kelliher. Harry C. Wood, farmer, Eckles. W. M. Houseman, farmer, Lammers. Harry Ellis, railway clerk, Solway. Geo. Rima, farmer, Solway. G. C. Adams, farmer, Eckles. W. Erhart, farmer. Eckles. The same tense interest is being shown in the trial of Paul Fournier, charged with the mur- der of N. O. Dahl, as was evinced in the trial of James Wesley, who was convicted last week on the same charge. The work of securiug a jury for the Fournier trial has been necessarily slow, the counsel for both the state and the defense questicning every veniremen very closely. The special venire of fifty jurors which Judge Spooner in- structed the sheriff to secure and return at 9 o’cleck this morning was read. Most of those summoned as jurors were from the western part of the county. After the names of the venire had been called, a recess was taken for the purpose of allowing the clerk to prepare the names for drawing. The crowd in the court room this morning was much smaller than that of any day last week. Fournier continues composed and collected. IIe is neatly dressed and his face wears a determined look. Eight of the veniremen did not respond to their names, but were expected to arrive in the city on the 11:30 train from Redby. Andrew G. Lucken was the first juror called and was chal- lenged peremptorily by the de- fense. plied bias, which was admitted D.P. Powers was called and Mr. Scrutchin used the seventh peremptory challenge for the de- fense. L. B. Kelley was called and a challenge by the defense for actual bias was admitted by the state. Mr. Kelley excused. J. Gustafson was called and the defense made use of its eighth peremptory challenge. Harry Ellis, clerk in the Great Northern depot at Solway, was accepted as juror No. 9. John Olson of Solway was challenged peremptorily by Mr, Scrutchin. B. H. Majer of Eckles town- ship was challenged peremptor- ily by Mr. Funkley, A. P. Blom of Fowlds was chal- .1 o’clock, stating that in murder trials it is customary for the prosecution in outlining its case to state what they expect to prove. I want to say that I shall do my best to make as clear, con- cise and truthful a statement as possible- of what I expect to prove against the defendant. I appreciate the great care that has been exercised in the selection of this jury, which is to sit in judgement over the de- fendant who is charged with one of the most beastly and henious crimes ever perpetrated in Northern Mianesota, and unless you as jurors do your duty, you will bear a part of the responsi- bility of this crime. Mr. Funkley then stated the charge against Fournier, murder lenged peremptorily by the state, this being the state’s sixth. Ammond O. Djonne, of Liberty township, was excused oun chal- lenge for actual bias. John Erickson was excused for general disqualifications. W. E. Hyatt was excused. A. F. Warner was called and the state used its seventh per- emptory challenge. Mr. Warner excused. Bernard Nelson was challenged for actual bias, on behalf of the, defense, and was excused. George Rima, a farmer living near Solway, was accepted as a juror, and was sworn as juror No. 10. G. C. Adams, a farmer living in Eckles township, was accepted as the eleventh juror, being the twenty-sixth member of the special venire examined. A. D. Mowers, a blacksmith of Solway, was challenged peremp- toryly by the state. John Steidl was called and challenged peremptoryly by the defense. John A, Thoren was challenged peremptorily by Mr. Secrutchin, P. H. McGuire was called, and County Attorney Funkley used his fourth peremptory challenge on behalf of the state. A Zion called and challenged by counsel for the state for act- ual bias, which was admitted by the defense, T. J. Brennan was called and also excused for actual bias. Arthur Anderson called. Chal- lenged by the defense for actual bias. Challenge submitted to the triers, who found the same true. Harry C. Wood,a farmer living in the township of Eckles, was examined and accepted as a juror. Mr. Wood was the sixth venireman called and the seventh juror accepted. H. C. Austin was called and challenged by the state for actual bias. Challenge admitted by the stat: and juror excused. Andrew Larson was challenged peremptorily by Mr. Scrutchin, for the defense, this being the defendant’s sixth peremptory. J.0. Olson was called. Mr. Scrutchin, for the defense, chal- lenged Mr. Olson for general dis- Mike Rivett, a section hand and ex-farmer living at Solway, was challenged peremptorily by the defense, and was the twenty- ninth juror examined. A. B. Palmer of Solway was challenged peremptorily by the state, being the ninth challenge so used. John Graham was excused. emptorily by the state. Ole Hanson of Fowlds and P. J. Rock, Town of Jones, were excused. W. Erhart, farmer, Eckles, twelfth juror, list. ’ Judge Spooner instructed the jury not to discuss the case on trial, after which conrt adjourn- ed until 1:45 AFTERNOON SESSION When court opened this after- noon, there was a much larger crowd in attendance than was present this forenoon. There was much speculation as to just what new testimony the state would produce in the Fournier trial that was not given Town of completing the qualification and was excused by the court. N. M. Houseman, a farmer liv- ingin town of Lammers, near Solway, proved acceptable to both sides after little questioning,and was sworn as the eighth juror. James Price, the twelfth juror examined, was excused, being challenged by the state for im- in the trial of Wesley, The prisoner exhibited some Alton Warner challenged per-| was accepted as thej in the first degree, and told of the mysterious disappearance of the Dahl’s. The unfruitful search for the bodies, the offer- ing of a reward, and later the un- covering of the remains of N. O. Dahl, buried under roots of a giant balsam tree within a few feet of his cabin. Continuing the county attorney told of the authorities being noti- fied, and the inquest conducted by the coroner. Examination developed that the old man’s skull had been crushed by rifle balls, and the subsequent devel- ‘opments leading up to the dis- covery of the body of Miss Dahl a short time later in a meadow, the remains covered with brush. Examination of the skeleton es- tablished the identity and showed that she bad been shot through the shoulder and later her head had been crushed in and her re- mains left exposed to the ele- ments and animals of prey. Mr. Funkley then went into the details of the disappearance during the first partof April, 1904. Told the story of the lone- ly life led by the old man and his daughter. The father had proved up on his claim and sold his tim- ber and had gone to live with the could make final proof on her homestead. Crookston, and there the old man went and sold his timber, Ru- mor had it that the old man re- turned home with the proceeds of the sale and kept the money planted somewhere about his daughter until such time as she| The Dahls were originally from | Saturday Evening Party. About forty friends of Mr, and Mrs. H. Rebedew gave them a pleasant surprise party at their home. The evening was pleas- antly spentin playing cinch and flinch. Abcut midnight an ex« cellent lunch was served. Mr. and Mrs. Rebedew were pre- sented with a handsome silver fruit dish, ab a token of remem- brance from those preseat. The Rebedew family expect to leave this week for Sandstone, Idaho, where they will make their fu- ture home, Bondsmen Held Liable. In the action of the board of county commissioners of Itasca county against Chas. C. Miller, et al., to recover shortage alleged to have occured during Miller’s first term as county treasurer, Judge McClenahan has overruled the demur of the defendants who claim the action is barred by the statute of limitations, and have taken an appeal from the decision to the supreme court. The action was begun by Geo. H. | Spear while county attorney. GOURT SUSTAINS REPORT OF THAW CGOMMISSION Address to Jury this Aiternoon. Expect Verdict Wednesday. to the Pioneer.)—Verdict in the Harry Thaw case may be reached by Wednesday night. When the trial was resumed this morning Justice Filzgerald overruled District Attorney Jer- firmation of the report of lunacy commission, which declared Thaw sane. Justice Fitzgerald signed the report of the commission and ordered the trial to proceed. Dr. Allen McLean Hamilton, an alienist, was called as last wit- ness for the defense, but the district attorney objected to the introduction of further testimony at this stage of the case, and was sustained by the court, and both the defense and the state an- nounced they rested their case. At 2 o'clock Mr. Delmas, Thaw’s leading counsel, began summing up the case for the de- fense and his address to the jury will consume the entire day and part of tomorrow. The jury get their personal shape, and the jurors will here- after be confined under guard Continued on last page. | paratively short. New York, April 8.—(Spscial| \LEAGUE BASE BALL TEAM Proposed League: Bemidji, Crookston, Grand Forks, Fargo, Devils Lake, Minot, Jamestown, Bismark. A League team for Bemidji. The following message was re- ceived today by the commercial club of this city from W. J. Price of Fargo, formerly at the head of the Fargo base ball club of North- ern League: “Will you send representative to meeting at Grand Forks, April 10th, to organize base ball league conmsisting of Fargo, Grand Forks, Crookston, Be- midji, Devils Lake, Jamestowm, Bismark and Minot? Answer. W. J. Price.” W. S. Lycan upon receipt of the telegram made a hasty can- vass among the business men of the city and the sentiment pre- vailing is that Bemidji wants a base ball team, and a good one. From the attendance at the games last year it is shown that the better article of ball the management presented, the pub- lic showed its appreciation by attending in large crowds. The proposed league as- out- Klmed above would be an ideal one Both Sides Resiuzand felmas - Began' | from ‘a financial point of view, as 'the towns enumerated are all “live ones,” and the jumps com- The longest distance between any two of the towns being but slightly over 90 miles. The railroads make a low rate to base ball teams, and with alow salary limit there is no reason why a league such as pro- posed should not be a success. The advantage of being repre- oma’s formal protest against con- |sented in a league of this kind will be apparent to every busi- ness and professional man, as there is nothing that will givea|! city so much outside advertising as a baseball team, Twin city, Duluth and Chicago papers are full of items from each of the league towns daily during the ball season,and the same amount of advertising in any other form would be prohibitive if it had to be paid for. If Bemidji wants to be identi- fied among the leading live cities of the state bere is a chance for the business men to get busy and do something. It is' desired that everyone in- terested in the growth and devel- opment of the city attend the meeting at the Hotel Markham were excused until that hour to|this evening at 8 o’clock sharp, affaivs in! SR Married at Park Rapids Married Tuesday evening, until they bring in their verdict. April 2, by Rev W. T. Milliken, apprehensicn as to what the county attorney would attempt to show. FUNKLEY'S ADDRESS Mr. Funkley opened the case for the state shortly after 2 (_Baseball Meetmg Attend the Baseball Markham Tonight at 8 o’clock and help de- cide whether or not Bemidji wants to become a member of the Northern League. ‘Mecting at Hotel IN PROSPEGT FOR BEMIDIY| ’Georse A, Collard and Miss Hthel I. Best. These esmmab‘e young pecple e both favorably known in Parke Rapids the bride having for several years been a teacher in the public school here while the groom has a position with the Parkk Rapids Drug Co. They will make Park Rapids their home occupying rooms over the drug store. The Clipper 1s but one of a wide circle of friends to wish that their voyage through life may be a happy and prosperous one.—Park Rapids Clipper. Mr. Collard 1s well known in Bemidji, and has been in this city many times this winter. District Manager Resigns C. D. Carter, district manager of the Northwestern Telephone company, has tendered his res- 1gnation to the company, to take affect Friday, April 5th. Mr. Carter has been associated with the company in one capacity or another for the pasteleven years, His future actions depend upon {the success in the vaudeville business, it being his intention to work with his brother in this line, The new manager has not been appointed yet.—Crookston Times. Mr. Carter is well known in Bemidji, and his friends in this city wish him success in his new field of work « GAN FISH AFTER MAY I8T; SALE IS NOT ALLOWED Rough Fish Such as Suckers, Red Horse and Other Varieties May Be Speared Any Time. The state game and fish war- den gives out - the following ex- planation of the fish laws regard- ing which there seems to be considerable confusion, as he is daily in receipt of letters asking his advice as to the sale of fish. “No fishing is allowed in Min- nesota during March and April with hook and line as these two months are spawning months for fish, and anybody who wishes to protect the fish will realize that this is a necessity. “Spearing can be done, picker- el and rough fish at all times, but these fish are only for domestic use and not for sale. “No Minnesota fish will be sold during March and April. “Frozen fish that have been in stock, lake trout and lake white fish, may be handled, but no Minnesota fish, such as perch, croppies, wall-eyed pike, pickerel or bass will be allowed to be sold or had in possession for purposes of sale during these months. “Regarding the sale of perch, there is nothing in the law that prohibits the selling of perch at any time except during the closed season (from the first of March to the first of May) all fish can be sold during the open !season (except trout and bass) providing they are legally caught. First: Fish that have = been speared are not allowed -to be sold. Second: Fish thatare to be sold must conform to the law in regard to size and weight. Lake trout not less than two pounds round or one and one- half pounds dressed, walleyed pike not less than fourteen inch- ‘es in length must be returned to the water from which they came, except sunfish, rock bass, bull- heads or minnows for bait. “I think, however, that the law may be amended and allow any fish to be sold that the state propagates. I will write further on this matter if the law is a- mended.” {SHORTY IS ““STANDING PAT” SHOWS REMARKABLE NERVE He is Not So Cheerful As a Few Days Ago.—Talks but Little but Curses Much. | James (*‘Shorty ) Wesley, con- victed last week on the charge of killing N. O. Dahl, is ‘“‘standing pat,”’ relative to confessing any knowledge or connection with the Dahl murders. Wesley, up to the time of his conviction and a day afterwards, was cheerful and conversed freely with those in the jail with whom he came in contact. His attitude during the past three days has changed very mater- ially. Heis crazky and about every other word he utters is an oath, He talks but little and is keeping up a good front, but it is believed he will eventually break down and tell of his connection with tragedies which occurred near Quiring. : Wesley has not yet been sen- tenced. Little Henry on the Ostrich. The ostrich is a bird that looks like a gas pipe stuck ina pillow on a stepladder without any steps. The ostrich is the only bird 4hat dges rnot sing ot fly or £o to roost in a tree. pursued it sticks its head in the sand because it hasn’t any sand in its craw. When it is caught it kicks like a mule, only harder, and readily escapes. Uncle Bill knows a man that was kicked by a ostrich once after he had run away from home because his wife hit him with rolling pins. After the ostrich kicked him he went home to his wife and kissed her and bought her a dozen roll- ing pins. The ostrich lays eggs as big asa hat, and they are worth almost as much as cold storage eggsin January. The ostrich is chiefly valued for its feathers, which are used to trim women’s hats. If the ostrich could sell its own feathers it would make so much money it would drink itself extinct, al- though it can eat anything, being like a billy goatin this respect. The ostrich knows it can’t- sing, and doesn’t try to. It eats like a goat, kicks like a mule, runs like a horse and hasn’t got any more sense than a rabbit, but it is a bird. Police Court. Two lone drunks were ar- raigned in police court this morn- ing. One of the offendersisa married man who has a home- stead north of Solway, and came here Saturday on his way to Kelliher to go to work. Judge Clark gave him his liberty upon promise to go to work. Geo. Sullivan, a tough lumber- jack who was sent up a short time ago for ten days on a drunk and disorderly charge, was gathered in by the police Satur- day for making a disturbance. Having no money and, as & jail sentence does not worry Mr. Sullivan any, the police were in- structed to ‘“hunch” him ount of town. Annual Meeting. The annual meeting of the con- gregation of the Presbyterian church will be held at the church auditorium Monday evening, April 8. Suvper will be served to the members and friends of the church at six o’clock, after which the annual meeting will be held and reports for the past year will be read. When “itiis —Rev. S. E. P. Whlte, pastor. :