Bemidji Daily Pioneer Newspaper, April 9, 1907, Page 4

o Sumemtas PROSEGUTION IN FOURNIER CASE MEET OBJECTIONS Continuned from first page, Tke Halvorson was the unext witness called. Direct examination by Funk- ley: Mr. Halvorson stated that he was & homesteader, in the town of Quiring, and that he had lived there seven years with his fam- ily. )He had known N, O. Dahl and daughter, Aagot, for some time prior to their disappearance in the spring of 1904. His home- stead and house was three miles from the Dahls. Mr. Halvorson stated that the last time ho had seen Mr. Dahl alive was in the latter part of January, 1904, when he and his wife visited with the Dahls at Miss Dahl’s cabin. Witness stated the last time he saw Miss Dahl alive was in Feb ruary, 1904, at the Quiring post- office. Witness stated he had gone to the cabin of Miss Dahl n April 12, 1904, and found no one at home; there was no one at well corroborated her husband’s testimony relative to hearing a scream &nd a shot on the even- ing of April 7, at 9:15; also, that she has had experience with fire- arms and knows the shot was a rifle shov. Court sustained objection of Mr. Scrutchin as to where Mrs. Caldwell’s husband was on April 8th, relative to having visited at Paul Fournier’s house, Cross-examination by Mr. Scrutchin failed to shake any testimony given by Mrs. Cald well in direct examination. Asked by Mr, Scrutchin as to how she fixed the date of Paul Fournier passing her house,Mrs. Culdwell could recall no other date when Fournier passed the house since he quit working for Martindale. Witness thought the scream she heard on might of March 7, 1904, was that of screech owl, but does not think so now. Objection by state asto who owned the 303 Savage rifle was sustained, Asked if she had testified be- fore the grand jury in 1904 and been requested to tell everything Dahl’s cabin, either. Both cabins were closed and locked, with the window blinds down. Witness had gone from one cabin to the other, and had no- ticed no tracks in the snow from one cabin to the other, There had been a big blizzard on the 10th of April. Cross - examined by Mr. Scrutchin, witness stated again that he had known the Dahl’s well during their life-time; had visited Dahl’s cabin on April 12; also, there had been a heavy blizzard on April 9 and 10. Mr. Scruichin asked witness if he had not testified at the pre- liminary hearing of Fourunier (held last January) that there had been tracks;seemed as if they were tracks as if some woman had walked through and dragged her skirts. On re-direct examination by Funkley, Mr. Halvorson ad mitted he had so testified and stated the tracks were from the Black- duck-Quiring road and reached down the trail toward old man Dahl’s house for a “distance of about thirty rods, when they stopped; looked as if something had been dragged in the loose snow that distance and then had been taken back again to the main road. Witness saw N. O. Dahi’s sled there near the trail, but stated the Dahl trail had not been used. Herea tilt occurred between Mr. Foukley and Mr. Serutchin, which resulted in throwing out an answer that the place where the tracks were looked like the sled had been dragged. The court cautioned Mr. Hal- vorson to be on hand when wanted hereafter as a witness, and court adjourned until 1:15. AFTERNOON SESSION Court convened at 1:15. Fournier continues to show no weakness or lack of self-control. He is just as composed as ever. The members of the jury show deep interest in all that pertains to the trial. Two members asked questions of witnesses during the forenoon session, and it is evident that the twelve men in- tend to sift the trial to the bot- tom. Mrs. Ike Halvorson called, but not present. Mrs. Kugene Caldwell called. On direct examination by Mr, Funkley, Mrs. Caldwell testified that she lived near Quiring post- office with her husband and children. Witness corroborated her husband’s testimony as to his labors during the spring of 1904, and also as to baving known the Dahl’s and when she last saw Mr. Dahl and his daugh- ter, Aagot, alive, March 81, 1904. Witness testified to having seen on, April 7th, 1904, Paul Four- nier and another man drive by her house about noon coming from the south and going to Fournier’s claim. The man re- turned alone later. Mrs. Cald- New Bath Rooms I have just put in bath tubs 1 my bar- ber shop. Bath rooms open Sunday fore: oons. FOUCAULTS BARBER SHOP Basement First National Bank Building she knew, and had been asked to tell, if she knew, of anything that would connect Paul Four- nier or Shorty Wesley with the disappearance of the Dahl’s, wit- ness answered, nn, Re-direct examination by Funkley. The Da1hl’s were quite friendly with the witness and her family; she had not visited much with them, as she had children of her own to look after. Mrs. Ike Halvorson called. On direct examination, Mr. Halvorson testified to living in Quiring township, knowing the Dahl’s, and Mrs, Halvorson cor- roborating the testimony of her husband as to friendly inter- course with the Dahl’s. Mrs. Halvorson stated the last time she saw the Dahl’s alive was 1n January, 1904. She visited the Dahl’s cabins with her hus- band on April 12th, and found they were not at home. She noticed the tracks, the same as did her husband, on the trail part way to the old man’s cabin and back. Witness stated she saw the old man’s sled near the trail, but could not state whether she saw any tracks near the sled. Defense moved to strike out the entire testimony of Mrs. Halvorson. Motion over-ruled. Harry Greenfield called. On direct examination Mr. Greenfield testified to having seen Paul Fournier at Buena Vista on April 6th, 1907, Defendant objected to intro duction of testimony and after- wards withdrew objection. Fournier bought drinks from the witness at Buena Vista, stating that he had no money at that time. William Butler was there that day and arranged to take -Fournier to his claim. Butler and Fournier left the afternoon of April 6th for Four- nier’s claim, takirg some pro- visions and two pints of whis- key. Cross examined Scrutchin. Fournier and Butler had some provisions. Fournier had bought drinks before and always paid for them. Paul had always been square with the witness. Dick Miller called. Direct examination by Funk- ley.. ¢ Witness saw Paul Fournier with Wm. Butler at Buena Vista fore part of April, 1904, and loaned Fournier couple of dol- lars, Mr. Butler called. Direct examination by Funk- ley. Known Paul Fournier 5 or 6 years. Saw Fournier at Buena Vista fore part of “April 1904, oaly time. Drove to Irvine’s camp No. 3. Took trunk, some provisions and two pints of whis- key. Next afternoon took Kour- nier to his home, passing Cald- by Mr. well’s, Had dinner at Paul Fournier’s. Paul and Wesley both there. Cross-examination by Scrutch- in. Witness saw ham, but did not know what other provisions there were. Has known Fournier four or five years. Sofar as witness knew Paul Fournier was all right. On re-direct examination wit- ness stated that he had never heard - Fournier had been in state’s prison. Erick Johuson was called. He testified to having accom- pinied a, detective named Hutch- ins to the spot where the body of Aagot Dahl was recovered and that he found = pants button there. A button (marked state’s ex- bibit “E'’) was shown witness, who identified it as being the button which he found.: Mr. Scrutchin objected to the introduction of this evidence. Mr, Funkley stated he would trace the button as having been ‘on a pair of pants belonging to Paul Fournier. The court decided to admit the evidence, subject to being stricken out later. Dr. Marcum was called and told of removing the stump under which the body was covered. No valuables except a ring were found. Dr. Marcum identified cap and ring in evidence as being the ideatical articles found when remains were urearthed. Also twelve pieces of skull as having been part of the body. The doctor testified in pl.cing the pieces together he found where the two bullets had entsred the skull, and explained the deadly effect, Testimony as to the finding of the body of Miss Dahl some time later, was objected to by the defense, and sustained. Cross examination of Dr. Mar- cum brought out nothing new. John Anderson called. Direct examination by Funk- ley. John Anderson is the witness who testified to seeing ata dis tance, Caldwell and French find Dahl’s body. An attempt by the state to show that witness had told Caldwell of the reward being raised, was objacted to by defense, and sustained. Witness stated he had known Fournier since Christmas 1903, when be met him at Crandall’s camp, and had a talk with him, Fournier stated he liked the girl, and that the old man must have some money. Paul said, it would be all right to get the girl, but I want the money too. Witness asked Fournier—What would you do with the old man? Fournier answered— Kill him, or get rid of him someway. Fournier also stated, continued witnes, that he had a partner living in the shack. Defense moved to striks out testimony as being too remote, Overruled. On cross-examination Ander- son stated he had cooked in Crandell’s camp December, 1903, and that [fournier was working there. The conversation with Fournier was had one cvening in the dining room when the full crew was present. Paul had said he would like to marry the girl, and talked about the old man having lots of money. - Re- iterated that Fournier had said he would- kill the old man, but not prepared to state whether he bad been joking or not. It was brought out that Anderson had not told this until last Kriday when he informed Funkley what Fournier had said. A Witty abbot. Francis 1. of France, being desirous to raisc a learned man to the highest dignities of the church, asked him if he was of noble descent. ‘“Your majesty,” answered the abbot, “there were three brothers in Noah’s ark, but I cannot tell positively from which of them I de- scended.” The witty abbot obtained the appointment. No Longer Worried. “I thought,” said the visitor, “I'd drop in and tell you what your hair re- storer did for a friend of mine. When he started to using your elixir there were only a few hairs on his head, but now it's completely covered.” “Indeed?” explained the patent med- Icine man, “Yes; by six feet of earth.”—Catholie Standard and Times. A Martyr. = The Friend—If your married life is 40 unhappy, why don't you get a di- vorce from your husband? Unhappy Wife—Because he would then marry some other woman and make her un- happy.—Chicago News. His Intelligence. Purchaser—You told me that parrot I bought of you was the most intelli- gent bird in your collection, while the fact is he doesn’t talk at all. Dealer— That's what I meant when I spoke of his intelligence. The Secret. He—Why did you tell e this if it was such a secret? She—But if I didn’t tell it to somebody how could anybody know I could keep a secret?— Baltimore American, Age does not make us childish, as isome say. It finds us true children.— Goethe, N THAW'S DEFENSE Attorney Delmas Makes Opening Argument in Noted Case. WIFE'S STORY BASIS OF PLEA ‘Upholds Truthfulness of Evelyn’s Tes- timony on the Stand and Makes It the Foundatian of Most of His Ad- dress to the Jury. New York,-Aprit 9.—The Thaw trial is rapldly drawing to a close, argu- ments ta the jury being under way, Mr. Delmas, for the defense, opening during the afternoon session of court. Whenthe trial was resumed Justice Fitzgerald overruled District Attorney Jerome's formal protest agalnst the confirmation of the report of the com- mission in lunacy which declared Thaw sane. The justice signed the report and ordered that the trial pro- ceed. Dr. Allan McLane Hamilton was called as the last witness, but the dis- trict attorney objected to his testify- ing at this stage of the case. The ob- Jection was susiained and then both the defense and the people announced that they rested, Oue of the spectacular moments in the Thaw trial was that in which Del- phin M. Delmas rose to address the Jury for the defense. The courtroom -was packed to the doors and scores of eager men and women were barred because of the limited number of available seats, Begins His Appeal to Jury, Mr. Delmas began his appea) to the Jury by quoting from an utterance of District Attorney Jerome during the trial. He said: “ ‘We have no right, if the real facts were known, to be here trying this man and would he absolutely prohib- ited by the statutes.’” “Had you heard these words,” con- tinued the attorney, “from some irre- sponsible babbier instead of from an official charged with a great public duty; had they been spoken in a place where idle men resort to indulge in idle talk instead of in a tribunal wherein justice presided in solemnity; had the occasion on which they were uttered been some trivial discussion on some insignificant topic instead of 2 debate the issue of which is life or death, and had you after so hearing them heard the same lips make an appeal to prove that the law demand- ed forfeit of the life of the man about whom they were spoken these words might not have filled you with amaze- ment.” Justification in Written Law. Continuing, Mr. Delmas declared that he would not call on such a flimsy thing as the “unwritten law” as a defense. Thaw's act, he said, found justification in the written law, which gives every man the right to protect his life and liberty. Referring to Stanford White Mr. Delmas de- clared the architect had committed a felouy in his assault on Evelyn Nes- bit, whose career the speaker traced from childhood down to her marriage v K. Thaw. In the course of his plea, while Mr. Delmas was argi as to the truthfulness of Hve- Iyn’s story on the witness stand, he paid a glowing tribute to District At- torney Jerome, calling him a master mind, but added that even though gift- ed beyond the average mind he could not shake the testimony of Evelyn Nesbit Thaw. He declared that the large sums paid by Stanford White to Mrs. Nesbit proved he had ruined the daughter. He denounced Mrs. Nesbit as an unnatural mother, who had glven the district attorney a state- ment to torture the wounded soul of her Qaughter. Evelyn’s Story Basis of Address. Mr. Delmas continued to base his plea on Evelyn Thaw’s story, declaring its truth was proven by documentary evidence. Mrs. Thaw listened with reddened eyes, but she did mot weep. Mr. Delmas quoted at Iength from Thaw’s letters to Mr. Longfellow from Paris in 1903, which, he claimed, proved Evelyn Nesbit told Thaw her story. Mr. Delmas dwelt for some time upon the testimony of Abraham Hum- mel, denouncing his story as false— the story of a convicted felon. Mr. Delmas spoke about two and a half hours. In asking Justice Fitz- gerald to adjourn he stated that he would finish his argument in another half day. District Attorney Jerome was absent while Mr. Delmas was making his || His assistant, | final plea to the jury. Mr. Garvan, took notes of the speech. Man Survives 60,000 Volts. ‘Winnipeg, Man., April 9.—Eugene Pilon, employed at the sub-station of the Winnipeg street railway, received a shock of 60,000 volts and is still alive. A pencil in the man’s pocket came in contact with the transmission wire which brings in the power from the Lac du-Bonnet plant. The shock knocked the soles off his boots, burned the imprint of his feet into the floor and roastcd his flesh. He is in the hospital and has good chances of re- covery. Four Persons Drowned. Streator, Ill, April 9.—Two men named John and Bert Vaupel and two boys named Alfred Simon and Irving Kaus were drowned at Ottawa by the capsizing of an eleciric launch. Tho upset was caused by the launch serik- ing a cable in the ziver. POLITICS AT WHITE HOUSE President and Senator Scott Discuss Present Situation. Washington, April 9.—“The presi- dent and I are the best of friends.” These words were uttered by Senator: Scott of West Virginia after he had had a long talk about political matters: with the chief executive: Senator Scott’s remarks were made after reference to a published story: that his name had been mentioned as'} one of those who had been present at 8 dinner when the ‘“anti-Roosevelt” plot had been divulged. The senator declared that he was not at any such dinner, then uttered the words re- forred to and asked that they be glven publication. “Yes, the president and 1 talked about the presidential nomination,” said Senator Secott in answer to a further question. “The president said,” proceeded the sen- ator, “that there were any amount of men who would make good presi- dents.” Jacob Rifs, who is returning East | from the Pacific coast, also talked with the president. He declared that the president meant what he sald on the night of the election in 1904 that he would not accept another nomina- tlon for the presidency. Mr. Riis sald he took the president at his word. All the president wants, sald Mr. Riis, 18 to see that his policies are carried through. 1 Telegrams and letters continue to be recelved by the president bearing on the disclosures made at the White House régarding the “combination” to defeat the president’s policies. They assure the president of support in his fight. Other than this there were no additional facts in connection with the political situation made public at the White House. TAET TALKS WITH CUBANS Declines to State When Ameri- cans Will Quit the Island. Havana, April 9.—The members of the committee of finsurgents, with whom Secretary Taft and Assistant Secretary of State Bacon made ar- rangements for peace in Cuba In Sep- tember last, had a conference with the secretary during the day lasting from 10 o'clock in the morning until 1:30 in the afternoon. Secretary Taft, in spite of the demand of the committee, refused to give hig yisitors the date of the withdrawal of the American forces from Cuba. At the close of the conference Sen- ators Seayas and Morua Delgado and General Jose M. Gomez informed the correspondent of the Assoclated Press that Mr. Taft had declared to them that it was impossible to hold elec- tions in_Cuba until a complete census of the island had been taken, which will occupy about four months. He added that municipal and provincial elections would probably be held some time in September, but he would not glve any probable date for the presi- dential elections, simply saying that they would follow the others. The committee asked that the Mod- erate governors in the different prov- inces and the Moderate mayors and city councils be replaced by Liberals, but Mr. Taft declared that he would leave that entirely to Governor Ma- goon. TAKEN BY NCARAGUN' {Two Principal Ports of Honduras in Hands of the Enemy. ARMY AND NAVY PARTICIPATE Land and 8ea Forces of President Ze- laya Actively Engaged in Latest Movement—Negotiations Looking for Peace Continue at Washington. Mobile, Ala,, April 9.—Puerto Cor- tez, one of the principal ports of Hon- duras, is now in the hands of the Nic- araguans, according to advices re- celved here. The Nicaraguan army and navy is active and is reported also to have captured Ceiba, the other port of Honduras. This information was contained in & message received by the Thacker | Steamship company over the telephone from New Orleans and stating that a cablegram had just been received from Puerto Barrios to that effect. The Honduran railroad and the cable have been, it is understood, in control of the Nicaraguan army since the cap- ture of Teguclgalpa, the capital, and news from the seat of hostilities for the past two weeks has been obtained by mail boat or via cable from Puerto Barrios, Guatemala. All cable mes- sages are carried from Cortez by boat to Pucrto Barrios and require about seven hours by sailbcat. Without Firing a Shot. Later advices, received from Com- mander Willlam F. Fullam of the United States gunboat Marietta, via the steamer Columbia, say that Ceiba was taken on thé evening of April 3 by the Nicaraguan armies and is now in command of Commander-in-Chief Estrada and General Manuel Letta, the latter a brother of Policorpo Bo- nilla. Ceiba was taken without a shot be- ing fired. After taking Ceiba the Niec- araguan forces left for Puerto Cortez on board the gunboat Ometapete, a gasoline launch and a small gunboat. They were preceded to Cortez by the Marietta to protect American inter-! ests. It had been agreed between Com- mander Estrada of the Nicaraguan forces and Commander Fullam of the Marietta that Puerto Cortez should not be bombarded. Cable advices re- ceived here say that Puerto Cortez is | now in the hands of the Nicaraguans ! and it is believed that Commander-in- Chief Ordenaz, in charge of the Hon- duran forces at Puerto Cortez, surren- dered, although it was said by pas- sengers arriving here on the steamer Colombia from Ceiba that General Or- denaz had refused to surrender and would fight to the last ditch. LOOKING TOWARD PEACE. Another Conference Held at the State Department. ‘Washington, April 9.—Ambassador Creel of Mexico and Minister Core: of Nicaragua had a brief conference with Assistant Secretary of State Ba- con at the state department concern- ing the Central American situation. After the conference it was stated that its purpose was to ascertain from Senor Corea whether or not his government was prepared to_entertain a proposition looking to the termina- tlon of hostilities. The proposition itself has not been formulated and it was regarded as desirable to ascer- tain as definitely as possible the dis- position of the Nicaraguan govern- ment and the nature of overtures that it might be willing to entertain. The Nicaraguan minister will transmit the proposition to his government for its information. State department advices by cable | received over night are to the effect that the Nicaraguan force which land- ed at Trujillo, on the north coast of ‘Honduras, was marching westward in- tending to occupy Puerto Cortez, on the eastern boundary of the country, whose capture already has been re- ported. MINE FIRE EXTINGUISHED. Steam Overcomes Flames in the Home- stake Shaft. Lead, S. D., April 9.—There will be no more difficulty with the fire in the Homestake mine. It is now extin- guished and the workings are rapidly clearing of gas. A number of men have gone back to work and within a few days everything will be running as usual. The steam which was turned on the fire was a s» = and as soon as the lower levels @ free from gas the men will be put down and the two idle mills will be started. Cannon's Ship a Lifesaver. New York, April 9.—The Bluecher, the steamer which carried Speaker Cannen and his party to Panama, has returned to New York and on its way home saved a crew of thirteen from a waterlogged vessel just as it was on the verge of sinking. The rescue was witnessed by Speaker Joseph G. Can- non and others of the congressional party who were on board the Bluecher. Powder Explosion Kills Three. Newcastle, Pa., April 9.—Three men were instantly killed at Hillsville by the explosion of a ton of powder at the plant of the Burton Powder com- pany. The accident occurred in the corning department, a small building twenty-four feet square. A spark is supposed to have dropped in the pow- der. The saddest part of all our accumu- | lating catastrophes lies in the waiting welcomes that are never claimed. The admiration of tasteful ladies is being held by the beautiful, bountiful collection of famous petticoats sold at this store. Sateen, Heatherbloom and Silk in Black and Colors.. .. $l to $15 LADIES' TAILORED Suits, Skirts, The “Palmer” Garment We like to say The “Palmer” because we know the value of its weaning. The perfect quality, the expert workmanship, the fine fitting lines and the distinctive styles. Your The Greater Department Store $5, $8, $10, $15, $20, $25, $30 The necessity of selecting your garments will be realized when you are unable to get just what you most desire. At the presont time all stocks, including Suits, Skirts, Jackets, Rain Coats, Petticoats, Shirt Waists, Silk Suspenders and Jumpers are in greatest variety. Your size is kere now but it may not be later, so we urge you to come al once and be pleased. section of our store, $10, $12, $15, best seleciions—Suits, and top coats. The Linpher Hat $3. The Yeeman Hat $5.00 Jackets Simmons’ Long Kid Gloves. Men’s Fine Clothes The City’s greatest showing of distinction . clothes is being dis- cussed over the counte-s in this $20, $25 Includes the very newest and Our Boys Clothes “Wearbetter” _ ’ Mail Orders Money’s Given Worth Our Or Your Prompt Money Back Attention Get the College Bag. $18, raincoats 00 Comeination Suirs DAVID M.PFAELZER & CO. MAKERS - ' CHICAGO