Bemidji Daily Pioneer Newspaper, April 13, 1907, Page 4

H i | { i f FOURNIER FOUND GUILTY; GILEN LIFE SENTENGE Continued from first page. before the attorneys for the de- fense could stop their getting to the jury, although objections to their record were sustained by the court. The defendant was unable to fix dates of anything except the 7th day of April, when the Dahl’s were killed. according to the in- dictment. At one time the state’s attor- ney suddenly asked Fournier if he had been accused of killing & man named Barclay at Pine River, in 1898, and alsc intimat- ed that his squaw had been found dead the next morning after demanding money from Fournier and threatened to tell who killed Barclay if she did not receive it. 1t was also develop- ed that Fournier has a son, by this squaw, living at Leech Lake. County Attorney Funkley be- gan his address to vhe jury at 5:40 and was followed by Mr. Secrutchin, and both had finished at 5:10. Both were able efforts, the covnty attorney confining himself to summing up the evi- dence for the state in a simple and effective marner, while Mr. Scrutchin delivered a fine ad- dress, ending with a burst of oratory,when he feelingly alluded Court is what I feel in ‘my own heart. We believe t ‘he man is in- nocent, we believe tlat a chain of circumstances hav'e been clos- ed around him. “We believe your Idonor, that his alleged confessivn to his brother and his wife, if that evi dence is reliable, wis made in the heat of passion . for the rea- son that that brother and his wife, gave him great cause for saying that ‘Yes he had killed them, acd he would kill five more in these woods,” I believe that was made in the heat of passion. “Many of us said we have done things when we didn’t do it. It may be the fault of the counsel for the defendant, Four- nier, that it wasn’t brought to the jury in that way. “We believe that error has crept into the trial, but that the court used us fairly, But not withstanding that we know that the Court is human and we think that the error has got into the defense. We think that that error has crept in by error of the hair. the court room and the prisoners taken back to thoe county jail. As it was, Deputy Sherifls John Bailey and Arne Solberg were compelled to crowd through a small space opened in the crowd, which followed the mcn almost to the doors of the jail. It is said that Wesley still maintains his defiant air, and is, if anything, more profuse in his profanity than ever. Fournier, although very brave and collected in the court room, is said to take his sentence very much to heart when alone in his cell. He cries at times, and is positive in his assertions of inno- cence. At this writing, it is impossible to tell just when the two prison- ers will be taken to Stillwater to begin what will probably be their occupation for the remainder of their lives, but Sheriff Bailey will most likely start for the prison city with his charges between now and Monday morning. DISTRIGT GOURT HAS BEEN “‘Again thanking the Court for the fairness he has given us, “We will have the record pre- pared for a motion for new trial in the case of the State of Minne- sota vs. Paul Fournier, (Fournier stands up for sen- tence.) By the Court: to the unnatural brother of the accused swearing to testimony that would send his own flesh and blood to the gallows. Judge Spooner’s charge to the jury was fair and 1mpartial and covered every phrase of the case, especially dwelling on the circumstantial character of the state’s evidence, backed up by cunfessions, and he especially charged the jury to weigh care- fully the evidence and the cred- ability of the witnesses. When court convened this morning, there was an expect- ant courtroom, many of whom had been present every day of the two trials, and all were anx- jous to know what penalty the court wonld impose on the men. Deputy Sheriffs John Bailey and Arne Solberg brought the prisoners intocourt. Both were neatly dressed and cleanly shaven and hair dressed. Neither looked about the court-room, but cast glances occasionally 1n the direction of the judge’s seat. It is understood that Fournier had been cautioned that he might receive the death penalty and he was fully prepared to meet the sentence. His face was calm and without trace of nervousness. Wesley was also cool, but he gazed about the room in an un- easy manner. When Fournier received the imprisonment sentence s look of great relief passed over the features of both men, and there was also an air of satisfaction about the courtroom. When Judge Spooner began his re- marks to Foarnier they were couched 1n such language that the death penalty was looked for, The following were the pro- ceedings had, as of record: By the court: “Paul Fournier, stand up. Have you anything to say at this time, why sentence should not be imposed?”’ Mr, Martin: “If it please the the court,in the case of the State of Minnesota vs. Paul Fournier, as one of the councilors for the defense, we recognize the facts your Honor, that he has been found guiltyof the erime of which he has been charged, by the jury, and that he has been convicted on human evidence. “I state for myself and Mr. Scrutchin, as attorneys for the defense, that we, more than any other persons in the County of Beltrami, have had reasons to notice the demeanor and actions of the defendant, more than any- one else. “We have been in close rela- tion to this defendant as his counselor—Ilocked up in his cell— and what I have to say to the New Bath Rooms I have just put in bath tubs m my bar- ber shop. Bath rooms open Sunday forer oons. FOUCAULTS BARBER SHOP Basement First National Bank Building “You have been found guilty of the crime of murder in the first degree as charged in the indictment, “The jury have sat here for a week listening t) the testi- mony in this trial and finally de- termined on the evidence and the law as given by the Court, that you are guilty of the crime with which you are charged. * “1 think it cannot be said that you did not have a fair trial in every respect. And the jury have seen fit, on the testimony of the various witnesses, to find you guilty of the charge. “The crime of killing N, O. Dahl and the circumstances are of a most cold-blooded character. Few instances in the annals of crime have been of a more brutal character. “If I wereentirely sure that you were guilty, there would be no hesitation on my part in im- posing the death sentence. *“While I think the jury was rightin bringing in the verdict of guilty under the circumstan- ces,there may be apossibilitythat someone else committed this crime. I think it is my duty to give you the benefit of such doubt as may exist. ““Consequently I shall not impose the death sentence. “Itis therefore hereby certi- fied of record that, after due con- sideration, itis the opinion of this Court that, by reason of ¢x- ceptional circumstances, this case is not one in which the pen- alty of death should be imposed, and, it is therefore considered and adjudged that you, Paul Fournier, as punishment for the crime of murder in the first de- gree, of which you have been duly convicted, be, and you are hereby sentenced to be pun- ished by confinement at hard labor in the state’s prison at Stillwater, Minn., for ard during the full term of your natural life.” ‘“James Wesley stand up.” (Wesley stands up.) “Have you anything to say at this time why sentence should not be imposed?”’ By Mr. Martin: “Although Wesley is of a some- what different character from Fournier, we believe him to be innocent. And we believe there is error in the record the same as there was error in the record of Paul Fournier, and we desire to have a record prepared so that we can make a motion for anew trial in the Wesley case. We will proceed with that motion with all reasonable haste.” By the Cours: “If I were en- tirely satisfied that you did the killing of N. O. Dahl, there would be no hesitation on my part -to impose the death sentance, but I shall take the same course in your case as I did in the case of Fournier, and not impose the death sentence.” (Wesley is sentenced to life imprisonment in the same lan- guage as was Fournier,) At the conclusion of the sen- tence, it was with difficulty that the crowd could be cleared from ADJOURNED TO APRIL 29 Several Criminal and Civil Cases to Be Disposed of Before Final AdJournment. At the conclusion of imposing sentence upon Wesley and Four- nier this morning, district court was adjourned until April 29th at 10 o’clock. There are yet a number of cases to be disposed of, and it is likely that the term will continue at least two weeks after recon- vening. Among the cases that will come up for consideration is that against J. C.' Moore, indicted for grand larceny on 'seven counts chargicg him with forgery and other “carelessness.” There are three other crimi- nal cases and a number of civil cases, which will keep Judge Spooner exceedingly busy. District Court at Walker. Judge Spooner goes to Waiker Tuesday morning to open the spring term of court for Cass county. There are no important cases on the calendar, and the term is expected tobea short one. The following are the cases on the calendar, as are given by the Walker Pilot: Pauline Hill vs W. E. Rose. New trial. Jury. Frank Kramer vs John T. Gardner. Law and fact. John Pemberton vs Samuel Sutor. Law and fact. Continued from last term., C. M. Johnson vs Fred V. Pet- erson. Appeal from justice court, and continued from last term. N. H. Bank vs L. H. Chase, et al. Law. W. A. Marion vs Louis Krueg- er. Law and fact. Adolph Herschman et al vs Frank Van Buren, et:zl. Fact. James Kennedy vs J. Neils Lbr. Co. Law and fact. E. L. Alexander vs John King. Law and fact. Peter Bonga vs Elizabeth Bon: ga. Law and fact. A. D. Polk vs Wm. H. Hallett, Law. Geary Knauf vs Edward Gar- vin. Fact. First State Bank of Cass Lake vs Nellie Liydick. Fact. J. W. Mannin et al vs Geo. W. Gates. Fact, for trial by court. Christopher Wilson vs John McGinn and W. C. Fleischer. Law and fact. Robert Stanley vs Stanley. Jury. Lizzie Skaibo vs A. J. Swan: berg, Jury. Myrtle Special Sermon to Merchants. Mr. Peart of the Methodist church, will deliver a special sermon to the merchants tomor row evening, at eight o’clock. They and their families are cor- cordially requested to be pre- sent. Mr. Jerrard, one of our business men, will sing a solo, and Mr. Kinney, member of the band, will render a trombone solo. Public invited, Christian Endeavor Social. The members of the C. E. Society will give a social at the church parlors Tuesday evening April 16th. A cordial invitation is extended toall to be present. DOINGS IN THE VARIOUS mons to Be Delivered in the City Tomorrow. P — St. Phillip’s Catholic church— Early mass, 8:30 a. m.; high mass and sermon, 1:30. Sunday schoolat 2p. m. Rev. Father O’Dwyer. Presbyterian — Morning ser- viceat 11. Sunday school and Bible class at 12:15; Jr. C. E. 3 p. m.;Sr. C. B. 7 p. m. Evening serviceat 8. All are invited to these services. Methodist—Morning worship, subject of the sermon, ‘‘Some proofs of immortality apart from the Bible.” This discussion will interest you. Sunday school at 12:15; Junior League at 3; Ep- worth League at 7; public wor- ship at 8. The sermon will be to the merchants, with a solo by Mr. Jerrard, a trombone solo by Mr. Kinney. Baptist — The pastor of the Baptist church will preach his fifth anniversary sermon tomor- row morning. Bemidji is a beautiful place to live, as well as being very healthy, and there are as good people in Bemidji as there are in the world, and we are dolag our best to give it a better name, help us. Svunday school at 12:10. Young People’s meeting at 7:15 p. m. Subject in the evening, “Guilty or mnot Guilty.” All welcome. HIGH SGHOOL STATE PUPILS’ EXAMINATION State High School Examinations for Rural and Ungraded Schools at Close of School Year. Rural and Ungraded Schools desiring to secure the State High School Board Exami- nations should make known the same to the County Superinten- dent at once. In thus notifying the Supt. it is necessary to state the subjects in which examina- tions are to be taken and the number of sets of questions de- sired in cach subject. No questions can be ordered after a requisition for same has been made to the State Board. Teachers desiring the examina- tions should report without de- lay. The examinations will take place the last week of May or the first week 1 June. The ““Dove of Peace.” St. Paul Picneer Press: “Hello, goveruor.” “Hello Bob. Come right in.” This cordial greeting was not between two Jong lost brothers, as one wight suppose, but it was between two men who were the principals in one of the bitterest political contests ever pulled off in the state of Minnesota—Gov. John A. Johnson of St. Peter and Robert C. Dunn of Princeton. It was not the first time that the two leaders had met since their strenuous campaign of 1904. Several times the former op- ponents met, and while there had been nothing strained in greetings, the salutations were more per functory than cordial. But to see them yesterday one would think that they had been bosom friends all their lives. Mr. Denn was seated in the governor’s reception room when the goyernor came out of the private office. Mr. Dunn was admiring the panel paintings and rich furniture of the gaver. nor’s apartments, and was no doubt picturing in his mind what might have been had the tide of the contest swept the other way. When the governor emerged from his private chamber and saw Mr. Dunn seated among the other visitors he at once . rushed across the room and the two grasped bands affectionately. “‘Come right in, Bob,” said the governor, as he led the way to the sanctum sanctorum, *Come and joiu us Harvey, and Frank, %00,” said the governor to his ex- ecutive clerk, Harvey Grimmer, who straight away hustled Frank A. Day, the governor’s private Glad to see you. been {friends for many years be- ore the campaign of 1904, and [}HUHGHES uF THE [“TY even the stirring events of those days did not impair that friend- ship. In fact both of them’ did Hours of Worship and Subjects of Ser-| What they could to keep personal issues out of the fight. So on the part of Mr. Dunn and Mr. Day it was simply a renewal of an old friendship. Even Harvey Grim- mer, whose newspaper work had been a factor in Dunn’s defeat, was given ahearty handshake by the former state auditor. The conference lasted for about an hour, during which time the 1904 campaign was dis- cussed in detail and there was a deal of gocd-natured jollying by all concerned. Mr. Dunn called on the gover- nor to say a good word for S. L, Briggs for probate judge of Mille Lacs county, Mr. Dunn’s home, The governor had the place to fill because of the death of the probate judge. Later in the day Gov. Johnson announced the ap- pointment of Mr. Briggs. EXPERT A, J. WOSTERGHILL WILL GIVE EXHIBITION Free Exhibition of Fancy Shooting at Fair Grounds Sunday Afternoon at 2 0'Clock. » A. J. Wosterchill of Cincinnati, representing the Peters Cart- ridge Company, advertising and demonstrating the good qualities of ammunition of this brand, equally proficient with pistol, rifle or shot gun, will give an ex- hibition at the fair grounds Sun- day afternoon. The exhibition will consist of rifle, shot gun and pistol shoot- ing, rarely seen by the public. Near the close of the exhibition he will show a new way of draw- ing profiles on clean paper by rifle bullets. The exhibition will take place at 2 o’clock in the afternoon, and is entirely free. Everybody in- vited. Mr. Wosterchill is making this territory with Ike Black, travel- ing representative for the Kelley- How-Thompson Hardware Com- pany of Duluth, northwestern distributors for Peters ammuni- tion. SON KILLS HIS FATHER; PATRIGIDE AT DEER RIVER Quarrel Between Father and Son Re- sults in Son Using Revolver With Fatal Effect. Deer River, Minn , April 18— (Special to the Pioneer.)—Keaton Willis this afternoon shot and in- stantly killed his father, the shooting being the culmination of a quarrel between the two earlier in the day. After the quarrel, the elder Willis went and purchased a revolver and, returning to the house, it is al- leged, attempted to shoot the young man. The latter seized the weapon and attempted un- successfully to wrest it from his father. His sister then handed him another revolver with whick he shot at the old man, but mwissed. The latter then fired through the window, but no one was hit. The boy then ran into the yard and shot his father in the back of the head, killing him. BUYS HIBBING THEATRE “BILLY" WELCH SHOWMAN Took Possession of People’s Vaudeville " Theatre the First of the Week. W. P. Welch of this city, the first of the week bought the Peo- ple’s Theatre at Hibbing, and bas assumed active manage- ment, Mr. Welch 1s a gentleman of wide experience, and will main- tain the theatre asa first class vaudeville house, and wi 1 employ the best talent in vaudeville ob- tainable 1n addition to the latest| series of up-to-date mcving pic- tures. Mr. Welch has many friends in this city who will wish him success in his new venture. Hibbing Has Daily. The Worker made its appear- ance at Hibbing 'the first of the week asa daily. The paperis secretary, into the private office. [ published by G. F. Peterson and Mr. Day and Mr. Dunn huve'(} H Stewart. JURY FAILS TO AGREE First Trial of Harry K. Thaw Ends Without Result. OUT FOR NEARLY TWO DAYS Members Made a Determined Effort to Get Together, but Found It Im- Possible—Prisoner Remanded to the Tombs Without Bail. New York, April 13—Harry K. Thaw has been remanded back to the Tombs without bail to await a second trial on the charge of having mur- dered Stanford White. The jury, after being out forty-seven hours and eight minutes, reported to Justice Fitzger- ald at 4:25 p. m. Foreman Smith announced that the jurors had found it impossible to Teach an agreement. Justice Fitzgerald said he felt he had kept the jury as long as he should and with the consent of the public prosecutor and counsel for the de- fense he would discharge them from any further consideration of the case. As the disagreement was announced Thaw turned even paler than he has been for the past several days and when he was remanded back to the oity prison at the suggestion of Dis- trict Attorney Jerome he hung his head dejectedly. Had Hoped for Acquittal. Up to the very last Thgw had hoped that the jury would finally agree upon a verdict of not guilty. Thaw’s wife sat by his side when the disagreement of the jury was re- perted to the court. When she first came into the courtroom she took a seat but a little distance away from the prisoner, but he beckoned her to an empty chair he had had placed be- side his own. All of the other members of the family were in court when the final disposition of the case came. They included Mrs. William Thaw and her two daughters, the Countess of Yarmouth and Mrs. George L. Car- negle, and the two brothers of the defendant, Kdward and Josiah Thaw. The members of the family had an- tlolpated the result and showed but little emotion. Mrs. William Thaw’s facs was hidden behind. a heavy black vell. As Thaw passed them on his way out of the courthouse and back to his cell in the Tombs his mother and sisters smiled at him as cheer- fully as they could. HIS LIFE IN JEOPARDY. Harry Thaw Explains Why He Car- ried a Weapon. New York, April 13.—Harry Thaw has, through his attorneys, given out the following statement: “I wish the jury and every one else to understand that no one more de- spises a person who carries a con- cealed weapon more than I. “That only after my life, was in Jeopardy, as I was informed!by per- sons and as was communicated to me by professional detectives, did I pro- tect myself. Then I employed the Pinkertons and they could never prove these attempts so I could invoke the protection of the law or disprove them 80 I could safely continue defenseless. “Then, doubting my judgment, I consulted an ex-chief of police, a man respected in his community, and he advised that my duty was to protect myself. “In this trial I wish my case solely and simply based upon the law of the state and upon the evidence, which had convinced not only me, as I re- viewed all this evidence, but,also the district attorney, that I am -innocent under the written law of the state.” RECEIVER ASKED FOR. Venner's Suit Against GreatiNorthern Road Filed. St. Paul, April 13.—Attorneys E. B. Graves of St. Paul and Wilbur ¥ Booth of Minneapolis have filed fn the district court the summons and com- plaint in the suit of Clarence H. Ven- ner of New York, a shareholder indthe Great Northern Railroad company. This is the suit by which Mr. Ven- ner, whom Great Northern ofiicials have christened as a “professional | litigant, seeks to annul the agreement between the Great Northérn railway and the Lake Superior company. made in 1899, and the agreement be- tween the Lake Superior company and Its trustees, Dec. 7, 1906. This is the agreement which constituted J. J. Hill's famous melon which was cut last fall when each of the sharenold- ers of the Great Northern received as many shares of the Lake Superior company as they held in the railroad. Mr. Venner’s complaint is a volu- minous document and makes a fair sized book of nearly 140 pages and in addition to asking that the trust agreement be set aside he incidentally asks for the appointment of a receiver for the railroad company itself. It alleges many illegal acts on the part of the railroad company. To End Senatorial Deadlock. Madison, Wis., April 18.—There is considerable talk among the legis- lators of adjourning the session until some time in the fall or Jan. 1 next. Many members favor simply passing the necessary appropriation bills and then adjourning in order to end the deadlock on the' senatorship question. UNJUST DISCRIMINATION. Charges Filed Against Several North- western Roads. ‘Washington, April 13.—Alleging un- Just discrimination in the matter of rates on shipments of butter and egss, In carload lots, as against competing houses the Morse Produce company of Granite Falls, Minn, has filed & complaint with tie interstate com- merce commission against the Chicago, Milwaukee and St. Paul Railway com- pany, the Great INorthern [Raflway { company, the Chicago and Northwest- ern Railway company and the Chi- cago, Burlington and Quincy Railwgy company. The petitioners state that the rate accorded them on shipments of butter and eggs from Granite Falls to Chicago excceds that of their com- petitors from Pipestone, Minn., to Chicago, even though the latter haul is longer, the shorter haul being in- cluded in the long haul over the same line in the same direction. They ask for such redress in the premises as the law guarantees to them. According to another complaint filed with the interstate commerce commission against the Chicago, Mil- waukee and St. Paul Railway com- pany, the Chicago and Northwestern Railway company and the Wisconsin Central Railway company by the Mil- waukee-Waukesha Brewing company of Milwaukee the defendant roads are charging unjust and unreasonable rates on shipments of beer, ale, porter, malt tonics and mineral water from ‘Waukesha to various points through- out the United States. LIVELY SESSION OF DUMA Members Bitterly Denounce the Russian Judicial System. St. Petersburg, April 13.—A demand for the axclusion from parliament of three Socialist deputies pending their trial for political offenses, submitted to the lower house of parliament by the minister of justice, M. Chtcheglo- vitoff, caused great excitement at the day’s session. The prosecutions of the deputies have been instituted in the provincial courts for acts com- mitted before the convocation of the duma. Two men, L. F. Gerus, a teacher and Social Revolutionist of Kuban, and A. A. Kuznetsoff, Social Democrat, of Simbirsk, are accused of being Socialists and therefore mern- bers of a party contemplating the overthrow of the state. The third, A. R. Kupstas, a peasant landowner of Kovna, who was returned as a mem- ber of the Left party, is charged with making revolutionary speeches. The Constitutional Democrats, who are anxious to avoid a heated discus- sion on the floor, proposed to refer the minister’s demand to a committee, but the Socialists and Social Revolu- tionists insisted on an immediate, flat refusal in order to place the house on record against the classification as crimes of such acts as the three depu- ties are charged with committing. The Constitutional Democratic mo- tion to refer the demand of the min- ister of justice to a committee, which was opposed by both the Socialists and the government, was carried by the slender majority of 197 to 175 votes. M. Chtcheglovitoff's remarks were blunt and uncompromising and pro- voked a series of fiery answers, which roused the house into the first great excitement of the present session. Even the Constitutional Democrats were swept off their feet. The rule closing the sitting at 6 o'clock was suspended and the house shook with applause as speaker after speaker de- nounced the Russian judicial system as being a travesty on justice. BRIEF BITS OF NEWS. Ashland, Wis., has been visited by a heavy snowfall and blizzard, the snow being piled two feet deep in places. Mrs. Julia Sheldon, mother of Gov- eruor G. L. Sheldon of Nebraska, has been stricken with paralysis and her death is expected at any moment. John A. Kebler, general manager of the coal operating department of the Colorado Fiel and Iron company, dicd suddenly af Trinidad, Colo, of pto- maine poisoning. : Frederick Pabst, a millionaire brew- Leon Bernickel, wife of a vn athletic instructor, wi v hurt in an automobile acci- dent at Milwaukee. Lieutenant General Sir Robert Mae- Gregor Stewart, K. C. B, has tendered to the British colonial office his r ignatien as governor and command in-chief of the colony of B uda. Dispatches to Dun's Rev no loss confidence, prepa the future continuing on a large seale, although the weather has not been favorable for distribution of merchan- dise at retail. natcr Gamble of South Dakota commended to the presidant the rent of Rdward E. Wagner of 1, 8. D., to be United States ct attorney of that state in place of James D. Elliott, who failed of con- firmation. Major Edmond Mallet, for forty years employed in the government service, during the last seventeen of which he occupied the position of chief of the land division of the general land office, is dead at Washington, aged sixty-five years. President Roosevelt has promul- gated an order giving Saturday half holidays during July, August and September to all mechanics, laborers and other employes at the manufac- turing and supply arsenals and depots under the war department. NOT[EE OF APPLICATION —for— LIQUOR LICENSE. STATE OF \n\\r~0TA.L County of Beltrami, s, City of Bemidii, xm\lh ation councit office, Notice is hereby given, T) has been made in writing to 1l of said city of Bemidji and fil praying ior license to seil dintoxicating liquors for the term commeneing on April 23rd 1907, and terminating on April 23rd. 10 by the following person, anc place, as stated in said application, to-wit: DUNCAN McDOUGALL At and in that certain one-story frame build- ing on the first fioor and front room thereof, being located and situated on lots 13 and 14, lock 21, original townsite of Bemidji, Minne- sota. Said application will be heard and de- termined by said city council of the eity of Bemidji at the city clerk’s omcu in the city ball, in said city of Bemidji, in Beltrami county, and state of Minnesota, on Mond:y‘ the 15th day of April, A. D. 1907, at o'clock p. m. of that day. Witness my hand and seal of said city this 11th day of April, A. D, 1907. ] THOMAS MALOY. City Olerk. '