Bemidji Daily Pioneer Newspaper, April 10, 1907, Page 1

THE BEMIDJI DAILY P VOLUME 4. NUMBER 297 BEMIDJ1, MINNESOTA. WEDNESDAY EVENING, APRIL 10, 1907, PROSECUTION IN THE PAUL FOUR Court Rules Fournier Confession Opens Door to Evidence Connecting Defendant with Murder -of Aagot Dahl--- Attorneys for Fournier Are Putting Up a ; Hard Fight One of State’s Trump Cards. Statement alleged by Owen Fournier to have been made to him by his brother Paul (accused of killing N. O. Dahl) when Paul was mad, while shaving one Sunday morning in the spring of 1905, one year after the Dahl’s were killed: “If they want to make a desperado out of me, they can easily do so. “They say I killed the Dahl’s. Yes, I killed them; and I have five more in these woods whom I will kill.” B ———————————— — After the Pioneer had gone to press yesterday afternoon, the state introduced some testimony that was sensational in extreme, and if allowed to stand, will be fatally damaging to the defend- ant. Charles Martindale, Owen Fournier, (brother of Paul)and his wife testified to certain al- leged facts that will undoubtedly have great weight with the jury, despite the strong effort made by Attorney Scrutchin to dis credit it. Charles Martindale was called | by the defense, and as his testi- mony was somewhat racy, ladies were requested to leave the room while that gentleman was on the stand, which they did. On direct examination by Mr. Funkley, Martindale told prac- tically the same story to which he testified in the Wesley trial, with further more damagicg statements concerning Fournier. He stated that Fournier and Wesley had worked at his place while they were employed by Caldwell in getting out logs on his place. According to the witness, Fournier and Wesley had a con- versation at that time relative to| old man Dahl and his daughter Aagot, in which “Shorty” and Fournier both wanted the girl and the money, and in which Wesley said he would get old man Krueger first and then get the girland kill old man Dahl| and put him in Red Lake or i the meadow or moose wallow; ! and Fournier had said chat Dahl (using a vile epithet) bad no busi- ness to come in the woods and take claims that poor people should have. Oa cross-examination by Mr. Scrutchin, Martindale admitted that he had trouble with Paul Fournier, but that it was not be. cause he had asked Paul to cuu timber on government land. He had never told anyone about what Wesley and Fournier had said because no cne had asked him, and his real reason was that he was afraid that they would kill him. Oa re-direct exawination, wit- ness stated that the reason he left the country and relinquished his claim was that he was afraid of Wesley and Fournier. Also do so. stated he had a talk with Paul did not eliciv anything new from Martindale, except that he had heard that Paul had trouble with Crandall but bad never heard of him killing anyone there, but some people had said Paul had killed someone in other places. Fred Foote, who last week caus- ed a sensation with his confes- sion, alleged to have been made by Wesley while in the Beltrami county jail, was called by the state and an effort made to again introduce the confession, but Mr. Scrutchin objected and Mr. Foote was not allowed to give the confession. Mr. Funkley desired to know if the same ruling would be made relative to the testimony of Allan McGraw, he was told that it would if the same objection was raised, and McGraw was not called. Owen French was called and testified as to the finding of the body of N. O. Dahl by himself and Eugene Caldwell, his testi- mony not differing from that given in the Wesley trial. Owen Fournier was called. Mr, Fournier stated that he was a brother of the man aec- cused of the murder of N. O. Dahl, and that he and his wife lived in the house belonging to Puaul, in Quiring township, in the spring of 1905, one year after the Dahls had been killed, and after Paul had been released from jail on the charge of killing the Dahls. Witness testified that one Sun- day morning, while Paul was shaving, he became very angry, and referring to Eugene Caid- well and several others, had said: “I1f they want to make a des- perado out of me, they can easily They say I killed the Dahls. Yes, I killed them; and I have five more in these woods whom I will kill.” Mrs. Fournier had said to Paul that he must not talk that way: that if she and her husband were ever called upon they would have to tell the truth. Later, according to witness, Paul came to his place and told him: “You keep quiet about that, or 1 will kill you.” On cross-examination, witness admitted that he had trouble with Paul and that the latter had ordered him and his wife out of his (Paul’s) house. Witness Fournier, at the mouth of the|claimed he did not know E E. Blackduck river, about the|McDonald, and Mr. Scrutchin middle of May, 1904, alter Dahl’s |asked him if he had ever made had disappeared. Paul had asked |the statement that if he could if there was anything new about|hang him he would do so, or the Dahl’s and had been told|send him to state “prison, to '] there was nothing new, when he|which the witness answered no. (Paul) said the girl had probably | Mr. Scrutchin said he desired to been taken from the country by|impeach the testimony of . the her father. Cross-examination witness and would do 5o later. Witness testified that he had wanted him put where he could not do him any harm; he was afraid of Paul. Mrs. Owen Fournier testified to practically the same evidence as her husband. William Krueger was -called, and testified to going to Bemidjt and returned to his cabin, near that of Fournier’s, on the even- ing of April 7, 1904; Paul had re- turned that forenoon, so he was told. Witness had let Wesley and Paul take his gun most of the time, and he went to Fournier’s cabin to get it on the 8th. Witness testified to finding a hair on the rifle and stated posi- tively it was a woman’s hair, when a controversy between the counsel for both sides as to the admission of this testimony re- sulted in the quoting of author- ities, and a statement for Judge Spooner that he believed the testimony of Owen Fournier and wife, relative to the admission of Paul to killing the Dahl’s had paved the way for his testimony connecting Aagot Dahl with the murder of the old man; that often in proving a prisoner guilty of one crime, it was necessary to prove the commission of two, so inseparably were they inter- woven, Court was adjourned, with the final ruling not made. MORNING SESSION The court room was well filled when court opened this morning, the fourth day of the Fournier trial. It had been rumored that the state would finish its case during the day, and the public are awaiting the last developments in the case with much interest following the statement of Attorney Scrutchin for the defense that he would im- peach the damaging testimony of Owen Fournier given last night. The jury in the case appear to be very much concerned regard. ing the evidence, evinced by frequent questions to witnesses upon points which do not appear perfectly clear. Judge Spooner is acting very fuir, and 1s giving the attorneys on both sides the widest latitude. At the convening of court, Wm. Krueger, the last witness called yesterday, resumed the stand, Mr. Scrutchin renewed his motion to have the testimony of Krueger stricken from the records, contending that it was irrelevant, and had no bearing on the case. Caldwell testified to hearing only one shot, and state showed that N. O.-Dahl was shot twice and his daughter once. He also objected to the trying of the defendant on the charge of murdering N. O. Dahl and then proceed to prove the killing of Aagot Dahl, Mr. Scrutchin attemp'ed to show by authorities that the testimony of Krueger’s relative to finding hair on gun was not admissable, and Mr, Martin fol- lowed the same argument at | sowe length. Mr. Funkley claimad the best evidence shows that there were two shots fired. * The court stated that in line with position assumed confessions opened way forevidence. Krueger NIER CASE NEARS CLOSE; STRONG CASE PRESENTED testifies thathe left gun with occupants of Fournier’s cabin, and testimony here show holes in skull of N, O.Dahl,that might have beer inflicted by shots from rifle witness had left in care of defendant and Wes- ley. All these have direct bear- ing on charge that defendant killed N. O. Dahl. The same transaction involves the same motive and reason for killng old man Dahl and daughter. Lives of both went out and proof of one is reasonable proof of the other. Mr. Scrutchin objected to in- troduction of testimony regard- ing hair, as not sufficiently iden- tified. The court and testimony read, and over-ruled objection. Continuing his testimony, Krueger stated he found hair on rear sight of gun and showed it to Fournier and Waesley. Fournier said he must have been sparking a white-haired girl. Witness also stated that when he went to Bemidji, he had left fifty 38 40 soft nose cartridges for gun in evidence, When he returned he found that the house had been broken into, and four cartridges taken. A juror asked witness how he knew four cartridges had been taken, and witness repliad he had counted them be- fore leaving. Cross-examination by Scrutch- in. Witness afirmed guestion that he could tell soft nose bullet from lead bullet and knew about steel jacket and various kinds of cartridges. Witness stated he had been at Fournier’s three or four hours before taking gun down to go. There were four wiadows in the cabin and lots of light. Had showed them both the hair, and they told him the same thing about seeing white-haired girl. His best impression was that it was the date after he came home from Bemidji. Reiterated he had never told anyone about hair before the trial of Wesley, al- though he had been before grand jary of 1904, but knew none of the members and was afraid he could not make himself under- stood. On further cross examination a juror was sworn as interpretor, and he was asked if he had not said before that he 1eft only 48 cartridges. Witness maintained he found four gone, and had counted the shells because he saw the house had been broken into, as same thing had happened before when he wcnt to Bemidji. Krueger was shown 38-40 cart ridge and identified same as be- ing same calibre as he used in his gun. Defense then offered cartridge as exhibit *¢1"". Continuing ' cross-examination witness said he had but little trouble with Fournier except on one occasion when he had bought 800 feet of lumber from him and Fournier had cheated him out of 100 feet. I told him about it and he called me a liar, said Kruager. I went up to lick Paul, and hit him once, buf dida’t cut him, and Paul iies if he says I did. Witness admitted that up to this time he had naver told any- one about finding the hair on the gun, because he had_not been asked. He did not svy anything about Fournier and Wesley hay- ing had his gun when before the grand jary, becauss h» was afraid he might say too much and that Fournier and Wesley might kill him.. On re direct question by Funk- ley, witness statad that gun was not in good order now, but had been the spring of 1904. Question by member of jury—! Did gun show signs of having been recently shot with, when you got it that morning? It had not been cleaned. Owen Fournier called for further cross-examination. Mr. Scrutchin presented E. E. McDonald and asked Fournier if he knew McDonald. Witness answered no. Witness was asked if he had not told McDonald in Matt Haff- ner’s salovn in Puposky during the month of March, 1906, that Cy Fournier was a liar, and Paul ‘was innocent, and replied that he did not remember of having said anything of the kind. Witness could not remember of having been in Puposky during March, but had been there once with Geo. Cyr, and could not remem- ber of having met McDonald then. Are you trying to hang your brother by your evidence? No, never want him hanged. Are you trying to send him to state’s prison? Want him sent somewhere where he won't harm me or my stock, as he said he would. C. C. Strander and wife and O.C. Rood, relatives of the Dahl’s, were called and testified as to Miss Dahl’s hair being a very light color, nearly white, and about eighteen inches long, when they last saw her alive, in September, 1903, The introduction of this evi- dence was fought by the attor- neys for the defense, but was allowed by the court, Ikze Halvorson testified to Miss Dahl’s hair being very light when | he last saw her, a month before| her disappearance. . Mrs. Eugene Caldwell also] testified to the whiteness of Miss Dahl’s bair, its length, and also| that no other woman in Quiring country had hair as white as was that of Miss Dahl. Mr. Funkley bad considerable difficulty in getting this testi- mony before the members of the jury, as the attorneys for the de- fense entered many objections; but the court finally ruled that the testimony that should bej given concerning the hair,and its connection with Miss Dahl and the defendant, should be limited to the testimony as given by William Krueger earlier in the day. At this time, it was very evi- dent that the county attorney in- tended closing the case against Fournier in a similar manner as he concluded the Wesley case. AFTERNOON SESSION William Krueger re-called. On direct examination, Miss Florence Melquist was called in and Krueger stated the hair which was found on his gvn was white, while Miss Melquist’s was red. On cross-examination by Mr. Scrutchin, Krueger stated he had 'talked with no one about this | case, not since adjournment at noon or any other time. ! Thos. Dooher called. Continued on last page. i GRUSHED UNDER ROCK; RAILROAD LABORER KILLED Mike Conley Meets Death While Work- ing in Railroad Cut Near Akeley Yesterday. Akeley, Minn., April 10.-(Spec- ial to the Pioneer).—Mike Con- ley, age 24 years, was instantly killed yesterday by a falling boulder while working on the Crooked Lake spur 20 miles west of here. Conley was working along side adump car in a cut when part of the embankment gave way and he was crushed to death under a giant rock. K The parents of the unfortun ate young man live at Grey Eagle, Minn., and his body will be ship- ped there for burial. Call at Jerrard’s and see the 1907 Gray Marine Motor. Come in and see the Gray Motor. Nothing better made. Jerrard Plb. Co. The 1907 Gray Gas engine for motor boats heads the list. We are anxious to show you, Jeriard Plb. Co. We are ready to show you the 1907 Gray Marine Motor. For power, price and quality it has no equal. - Jerrard Plb. Co. The Pioneer at all fimes has in stock office supplies of every description Money Cheerfully Refunded (2707) Send for Style Book and Samples Clothing House SPRING o Any Other Time You can be as well dressed as you want to be by this store, whatever the price you want to pay, but no price can buy poor quality here. That's something we don’t sell. WE SPECIALIZE THE House.Kuppenheimer Fine Suits™ Overcoats Because? They’re the best—best for you (1n the satisfaction they give ycu)—best for us (in the security we feel that you'll stay satis- fied. We are showing Springtide’s finest styles in exclusive models, patterns, fabrics. The very pick of this season’s productions. Gordon Hats, Full of Quality, $3.00 Spring “Lion Brand” Shirts, $1.00, ' $1.50, $2. 00, $2.50 “Best Ever” Clothes For Boys of all ages, from high school tellows down through the grammar school grades to the kindergartners, $2,50 to $20.