Bemidji Daily Pioneer Newspaper, February 25, 1908, Page 4

r l \ \ \ | : = BEMIDJITES SUNDAYED AT THE BOUNDARY TOWN Dancing Party Given in City Hall --- Restless Witnesses Awaiting Call in Godetts Trial. International Falls, Feb.24.(Spec- ial to Pioneer.)—A number of Be- midji people spent Sunday in Inter- national Falls, some being witnesses in the Godetts trial, and others being here simply on a social visit. Saturday evening a dance was given in the City Opera House, in honor of Judge and Mrs. Spooner, Miss Berman of Bemidji and her friend, Miss Walker, and Mr. E. H. Jerrard of Bemidji, with Mrs. Spooner as chaperon. About twen- ty-five couple participated in the dance, which broke up at 12 o’clock midnight. E. N. French, who whs sub- poenaed from Bemidji as a witness for the defense in the Godetts trial, has been a restless transient in the village for several days. Mr. French’s business at Bemidji de- mands his attention, but he must needs wait here for the summons to the witness stand. ’ Normen Helmer is another Be- midjite who has been held here; since the beginning of the Godetts trial, having been summoned as al witness for the state. Mr. Helmer was not used in the direct examina-! tion, but will probably be used by the state on rebuttal. County Attorney Henry Funkley of Bemidji was a visitor in the vil- lage Friday, having a legal matter before Judge Spooner. The matter was disposed of between waits in the Godetts trial and Mr. Funkley re- turned to Bemidji Saturday morn- ing. J. E. Lundrigan of Cass Lake and W. E. Culkin of Duluth spent Sun- day in International Falls. Both gentlemen came up Saturday evening from Big Falls, where they -tried three land cases, which have become designated as “state swamp land cases.” Mr. Lundrigan represented the contesting homesteaders, while Mr. Culkin (who was formerly regis- ter of the U. S. land office at Duluth) represented the state. Miss Hattie Haldeman of Bemidji acted as com- missioner and took the evidence in the cases. Council Proceedings. The regular meeting of the city council was held last evening and after the reading of the minutes of the last meeting, and approval of the same and the allowance of the usual amount of bills the routine work of the council was taken up. Ordinance No. 29, known as health ordinance, was given a thor- ough reading and passed. The report of the street superin- tendendent for the year was pre- sented to the council and by vote referred to the committee on streets and sidewalks. B John E. Croon was granted a license to sell intoxicating liquors in the building known as the Nicollett hotel. ; Gennes & Layon were also granted a license to sell intoxicating liquors. The matter of the new public library building was taken up and discussed at length, the committee to whom it had been referred re- porting to the council three possible sites, one at the end of Firth street and Lake Boulevard; another in the center of the park opposite the residence of W. L. Brooks, and the third in the park, south of the residence of Dr. A. E. Hend- erson. The matter of choosing the site was deferred until another meeting, the same being referred to the city attorney for the legal’ status of the proposed -site. The council then proceeded to canvass the election returns, the official vote being given in another column, This being the last meeting of the old council a rising vote of thanks was given the outgoing members by those who continue. One of the Right Kind. A new picturesque, romantic comedy drama has been made from the famous story of the “Hidden Hand,” and will be seen at the City Opera House, Feb. 29. The announcement should arouse more than ordinary interest among patrans of the best classof plays, or people who like melodramas of the genuine kind, for ‘all accounts agree that the author in this in- stance, a well known actor, has succeeded in adding to the stock of worthy American plays. Mrs. South- worth’s story of the mountainfolk of old Virginia will be seen in four picturesque acts full of life, incident, real characters. humor, superstition and romance. he author has avoided the extremely sensational, but has retained the full charm and power of the story. Steenerson Bill Reported. Washington, Feb. 24.—The Steen- erson bill, to promote the efficiency of the militia, was ordered favorably reported Saturday by the house com- mittee on the militia. The bill, as amended by the committee, divides the militia organizations of the sev- eral statss and territories into two distinct classes, one to be known as the national guard and the other as the reserve militia. The bill empowers the president “whenever the United States is in- volved in danger from any foreign nation or in danger of rebellion, or when the president is unable with the regular forces at his command to execute the laws of the United States to call out the militia without authorization by congress or declara- tion of war.” Salvation Army Services. Brigader Cousins of Minneapolis will conduct a meeling at the Salva- tion Army hall tonight. Rev.S. E- P. White, Rev. McKee and others will take part. You are invited. Hot Roast-Beef Dinner Served by the Baptist ladies in the Odd Fellows hall, opposite postoffice, on Wednesday, Feb. 26th, from 5:30 until 8 o’clock.® A variety of good things and all you can eat for 25c. GODETTS WILL NOT HANG FOR MURDER OF WILLIAMS Continued from First Page where the gun lay which Godetts claimed had been fired at him and which the defendant said Williams had tried to raise while on his hands and knees, after having been shot twice. If the gun had been in Williams’ hand how could it have gotten over his head after he fell prostrate? The grass between the head of the deceased and where the gun lay had not been disturbed. Godetts had claimed that the .gun which Williams carried had been shot about the same time as his revolver; while creditable wit- nesses who had heard the shots swore that there were four light- caliber reports, followed by a heavy report. A witness had feund fresh gun wads twenty feet from Williams’ house. He believed that Godetts, after shooting Williams, had rushed into the house, grabbed the old man’s gun and fired it off himself,afterwards laying the weapon down besides Williams’ head. ~ Mr. Stanton called attention to the photo of the dead body and the gun. The gun lay with the stock at the right hand. Williams would have had to be right-handed to have shotthe gun. Witnesses had sworn that he was left-handed. In his haste, Godetts had not known which way to lay the stock of the gun. There was the pipe which witnes- ses said had been found in the dead man’s mouth. Would a man with murder in his heart set about the carrying out of his attentions smok- ing a pipe? Why had not the defendant brought his wife there to testify in his behalf? The defense had absolutely noth- ing to bolster up its claim of self- defense, except that the defendant did not remember anything that occurred two days after the homicide when the inquest was held; and the threats that were alleged to have been made against Godetts by Wil- liams. Just think of an old man go- ing to cut the head off of a champion pugilist. Godetts remembered every in- stance in his life from the time he landed in this country; but he could not remember having made a state- ment at Big Falls on August 23rd. There could be no middle ground in rendering a verdict. It must either be murder in the first degree or acquittal. Premeditated murder could be formed in an instant. As to “reason- able doubt,” the court would fully explain that. In closing,Mr. Stanton importuned the jurymen not to be affected by or influenced by friendship or aversion for either the attorneys for the state or the prosecution or the defendant; nor to allow the color of the defend- ant to prejudice them. According to the testimony Godetts had com- mitted a cold-blooded, premediated murder. Don’t let the verdict show that a poor homesteader can be murdered at his very door, and all the murderer has to do is to give himself up and say it was self-defense. The speech was a very able one, and was delivered in an effective manner. When Mr. Scrutchin arose to address the jury, there was much craning of necks to get a look at Bemidji’s colored atiorney, who was defending one of his own race on the most serious charge in the criminal calendar. Mr. Scrutchin said he had entered upon the defense in this case with much fear and awe. He was a colored attorney, defending a colored client before a white court, and a white jury. He believed that even the learned court and the county attorney, if tried in the south before a jury composed of black men, would but feel that they would get a square deal under such condi- tions. The state, said Mr. Scrutchin, predicates its case on three things— shots, condition of grass, and talks Official Returns of City Election.’ 1st Ward 20d Ward 3rd Ward _4th Ward Total Majority For Mayor— J. P. Pogue P. J. Russell , For City Clerk— Thomas Maloy J. P. Young, ... For City Treasurer— Earl Geil................... For Assessor— JoE Cahill ..., .......... D.D.Miller. ............... For Alderman— L. F. Johnson ., G. M. Torrance Thomas Smart E. J. Gould J. Bisiar, Matt Mayer G. W. Rhea George McTaggart For the Bridge............ Against the Bridge. . . .. SJALG e o 4. Sinl 142, Rigl i e L Bk i e 135, L ABT0 12445 a 196. . s 99T 325 e 71 s VAT 133....... 220, . ..103 ...... 91.. ..442 ... 64 ...... 115.:...878 ..... 115 0 <872 358 e 77.....219 ..... 153.....653.....653 .206 ..................... 12 21 1937 470 - 351 sises olal9) that Jim had. As to the shots, the state’s wit- nesses could not have told which reports were really heard first; per- haps the “heavy” shot referred to was but the echo of Jim's shots. The state would have the jury be- lieve that atter Jim had fired the four shots at Williams ‘he had run into the house, got down the shot- gun, ran back and fired. off the fire- arm, all within ten seconds; and on this testimony the state desired the jury to hang the defendant. Much had been made of the fact that the deceased (Williams) was left-handed. Admitted that Williams was left-handed (which the speaker did not) he might shoot right-handed, as many other homesteader was in the habit of do- ing. The defense, said Mr. Scrutchin, had brought Mrs. Alexander, daughter of the deceased, to the stand, not for the purpose of tes- tifying to any material matter, but simply as a - stage setting for effect. Heé was sorry to see that. He was greatly pleased, however, to see the magnificent womanhood developed under the care of her mother. Her father had deserted her, in her youth; a fact which the defense did not want to bring out, but the state had failed to do so. As to the pipe which the state makes a part of its trump cards, none of the witnesses except Mr. Samuelson, the assistant county attorney, had seen it. (The speaker here was interrupted by Mr. Stanton, who reminded him that Mr. Walsh“had testified that he saw the pipe.) The state had asked why defend ant’s wife had not been brought into court to testify in the case. She had not been present at the killing of Williams, and she would not go on this case you arrive at the con- clusion that one or more of the first shots fired at the deceased by the defendant so disabled the deceased that he was incapable of making further assault upon the defendant and the defendant rea- lized such fact and condition, and you further find that aiter the deceased was disabled the defend- ant purposly fired another bullet or bullets into the head or other vital with the intention of killing him, .you have a right and it would be your duty to take such facts into your consideration in determining whether the first shots fired by the defendant were fired in good faith in an effort to avert great personal injury to himself or whether such first shots were fired with a pre- mediated design to effect the death of the deceased, and in the event you should find the latter to be true, there exists no right under the law to claim = justifiable homicide or self-defense in this case and you should find the defendant_ guilty of murder in the first degree. “ And I further charge you, gentle men, that if after considering all the testimony in the case, you should conclude - that after the defendant was and became so disabled that he was incapable ' of making further attack or assault upon the defendant and the defendant knew such fact and condition, and you further find that after Williams was so disabled the defendant intentionally fired another bullet or bullets into his head or other vital parts of his body with the intention of killing him and each of the wounds made by the several bullets fired into Williams’ body was sufficient to have produced death, the defendant may be ad- judged guilty of murder in the first degree in inflicting the last wound or the stand and perjure herself, even to save her husband. The speaker closed with a picture of Godetts defending himself from a man who was trying to rise and get his gun to kill defendant. If the jury found Godetts guilty, Mr. Scrutchin assured. them that he (Godetts) would mount the gallows with as much nerve as he had dis- played when stripping for his con- tests in the ring. Immediately after the pleas had been made to the jury, Judge Spooner began his charge to the jury. The eharge was a very fair and impartial one, reviewing the evidence in the case, quoting the law relative to self- defense, defining murder in the first wounds upon Williams’ person after he had become so disabled if the shot or shots which caused such last- mentioned wounds were fired with a premediated design to effect Wil- liams’ death, and death resulted from such wound or wounds, though had they not been inflicted the deceased would have died from the first wound or wounds given him, and although such first wounds may have been inflicted in necessary self-defense. I have submitted for your con- sideration only one offense or crime, and that is murder in the first degree. The circumstances as disclosed by the evidence in this case are such that but one or two couclusions can be arrived at; that is, that the killing degree, and instructing the jury as to what they should do in the case, finally concluding with the positive instruction that they must return one of two verdicts, either that of guilty of murder in the first degree or acquittal. After reading the indictment to the jury, Judge Spooner said that whether there existed in the mind of the defendant premeditated death, or whether he was justified in the killing there was no deuial of the killing; the evidence showed the killing. The state had assumed to prove every contention as to whether the killing was premeditated or not. The detense had thrown around the de- fendant a reasonable doubt. In arriving at the conclusion of facts, the jury must taken into considera- tion the presumption that the defend- ant was innocent, and must accom- pany them in all deliberations until removed by weight of evidence to the contrary. The grand jury indict- ment was no proof of guilt. The judge gave " the present supreme court ruling as to reason- able doubt, which left that matter clear to the jurymen. Every rational being was presumed to be responsible for his acts. Every homicide is unlawful. One fact in arriving at a verdict of guilty must be proven—that of premeditation. Under justifiable homicide, one had the right to defend one’s sel from danger, not of his own seeking. Although the defendant thought that Williams would do him great bodily harm, cannot acquit him on the grounds of self-defense unless he was brought into danger not of his own making and which he did not invite, and he did not seek combat. Self- defense does not give any ri'ght of attack. If it had been shown there were other means of repelling his assailant, shooting was not self- defense. : If the jury found that the deceased made threats previous to the killing, but did nothing to carry them out, the fact that the threats were made would not constitute self-defense. In conciuding his charge the judge said, in part: *'If from all the the evidence in was wilful, deliberate, premeditated murder or justifiable homicide.” The judge charged the jurors that they were the sole judees of the facts in the case. When they had arrived at the-facts they could then deter- mine upon a verdict. -They should also take into consideration the re- liability of the witnesses. There should be no temper or bias in their deliberations. The defendant had testified and the jurors should, in considering his testimony, remember his interest in the case. The law knows no distinction be- tween the white and the colored man. Every juror accepted had said he had no prejudice because the de- fendant was colored, and this declar- ation should be remembered when considering the case and arriving at a verdict. At 9:35, Joseph Coughlin was sworn in as deputy sheriff in charge of the jury and the “good men and true” retired to deliberate upon the fate of James A. Godetts, charged with the gravest offense in the crimi- nal calendar—murder in the first de- gree. At twelve o’clock midnight the officier in charge of the jury sent word to Judge Spooner that they had failed to arrive at an agreement, and would retire for the night. When Godetts was taken back to his cell, after the jury had retired, he was very restless. He bewailed the fact that he had not had a fair show; that he was. not allowed to tell “all my story” and that he | would be found guilty. After mid- night, whenhe learned that the jury had not agreed on a verdict he grew more composed and slept for several honrs. AGED WOMAN A SUICIDE. 8et Fire to Her Clothing and Was Burned to Death. Cleveland, Feb. 25.—Mrs. Augusta Strey, seventy-three years cld, com- mitted suicide by setting fire to her clothing. The aged woman consider- ed herself a burden upon her grand- son, with whom she was living. Re had lost his position and hag a large family to support. Mrs. Sprey aroge early and going noiselessly to the street, poured kerosene upon her clothing .and applied a match, Her body was found later by a policeman, portion of the body of the deceased | NIT AEADY T0 QU Gompers Declares Labor Organi= zations Will Keep Up Fight. TALKS TO HOUSE COMMITTEE Expresses Confidence in President Roosevelt, but Believes the Latter Is Not Thoroughly Informed as to Real Remedy for Complzints. ‘Washington, Feb. 25.—President Gompers of the American Fadc of Labor, before the house cc: on judiclary, asserted that laber or- ganizations ' are not going to be “driven out of existence,” motwith- standing adverse decisions by the courts. He expressed confidence that the president of the United States sincerely sympathizes “with all our people” and added: “I have reasons to believe that the president is not thoroughly informed as to the real remedy for the cause of complaint.” These statements were made in an argument on the Pearre bill to regu- late the issuance of restraining orders and injunctions and to limit the meaning of “conspiracy” in certain cases. ‘CANNON’S UNUSUAL ACTION Overrules Report of His Own Com- mittee on Rules. Do Not Trifle With a Cold fs good advice for men and women. It may be vital in the case of a child. Long experience has proven that there is noth- ing better for colds in children than Chamberlain’s Cough Remedy It is a favorite with many mothers and never disappoints them. It contains no opium or other narcoticand may be given with implicit confidence, Barker’s Drug Store WANTS ONE CENT A WORD. HELP WANTED. WANTED FOR U. S. ARMY: Able- bodied unmarried men, between ages of 18 and 35; citizens of United States, of good character and temperate habits, who can speak, read, and write English For information apply to Recruit. ing Officer, Miles. Block, Bemidji Minn, WANTED: Good girl for general house work, Inquireat Mrs. R. H. Schumaker, 608 Bemidji Ave. WANTED: Good girl for general housework. Inquire 805 Bemidji Ave. ‘Washington, Feb. 25.—The almost unheard of procedure of Speaker Can-* non overruling his own committee on rules caused surprise in the house of representatives. Through Mr. Dalzell (Pa.) the committee reported a reso- lution providing for an investigation Into the subject of peonage in the Southern states. = Mr. Mann (IIL) objected that the report was mnot privileged and the speaker sustained him. Mr. Williams (Miss.) sought to se- cure unanimous consent for the con- sideration of the resolution, but at the suggestion of Mr. Dalzell it was recommitted. BRIEF BITS OF NEWS. Policeman William Scheer of New York city has arrested two of his own brothers charged with robbing a house. Thomas A. Edison, the inventor, who was operated on in New York city for the removal of an abscess in the ear, is reported as resting easily. The total wheat and flour clearings from Pacific coast ports for the week ending Feb. 22 amounted to 538,547 bushels of wheat and 10,204 barrels { of flour. George Hall, a fireman, was killed and six other firemen were injured during a fire in the six-story block of the Davis-Smith Furniture company at Tacoma, Wash. Mrs. Maria Gross, one of the oldest inhabitants of. Minnesota, who was born when Thomas Jefferson was president of the United States, is dead at the Minnesota Soldiers’ home. Police Captain John N. Pickel of St. Louis is preparing a bill to be intro- duced in the municipal assembly re- quiring all men in street cars to re- main standing till every woman Is seated under penalty of a fine. ‘William H. Prescott, vice president of the United States Envelope com- pany and one of the most prominent envelope manufacturers in the coun- try, is dead al Rockville, Conn. Mr. Prescott was over sixty years old. J. C. Bayldon, a well known London broker, who dealt mostly in American railroad securities, committed suicide at his home in Dulwich, a suburb of that city. Worry over financial mat- ters is given as the cause of the sui- cide. Dr. Isaac R. Trimble, a well known surgeon of Baltimore, is dead of blood poisoning. He was infected while performing an operation on Feb. 10 and in spite of all precautions and several operations his life could not be saved. © MARKET QUOTATIONS. Minneapolis Wheat. Minneapolis, Feb. 24.—Wheat—May, $1.03%; July, $1.03%@1.03%. On track—No. 1 hard, $1.081%%; No. 1 Northern, $1.056%; No. 2 Northern, 1.033%,@1.04; No. 3 Northern, 99c@ $1.02. Duluth Wheat and Flax. Duluth, Feb. 24.—Wheat—To arrive and on track—No. 1 hard, $1.07%; No. 1 Northern, $1.05%; No. 2 Northern, $1.03%: May, $1.03%4; July, $1.03%. Flax—To arrive‘and on track, $1.14%; May, $1.15; July, $1.16%.. St. Paul Union Stock Yards. St. Paul, Feb. 24.—Cattle—Good to choice steers, $4.75@5.50; fair to good, $4.00@4.75; good to choice cows and heifers, $3.26@4.25; veals, $3.75@5.25. Hogs—$3.90 @4.20. Sheep—Wethers, $4.75@5.15; good {o choice lambs, $6.25@6.50. Chicago Union Stock Yards. Chicago, Feb. 24.—Cattle—Beeves, $4.10@6.00; cows and heifers, $1.85@ 5.00; Texans, $3.70@4.75; calves, $5.50 @17.25; Western cattle, $4.00@4.75; stockers and feeders, $2.75@4.90. Hogs —Light, $4.05@4.30; mixed, $4.05@ 4.30; heavy, $4.05@4.35; rough, $4.05 @4.15; pigs, $3.50@4.15. Sheep, $3.25 @5.60; yearlings, $6.50@6.30; lambs, $5.00@6.90. Chicago Grain and Provisions. Chicago, Feb. 24.—Wheat—May, 943 c; July, 89% @89%c; Sept., 863c. Corn—May, 60%c; July, 58%c; Sept., 57%ec. Oats—May, cld, 521, @52%c; May, 49%@50c; July, old, 44%@ 44%c; July, 42%c; Sept., 36%¢c. Pork —May, $11.30; July, $11.67% @11.70. Butter—Creameries, 21@32c; dairies, | 20@28c. Eggs—17%@18%ec. Poultry ~—Turkeys, 12%o; chickens, 12c; springs, 121c. WANTFD: Apprentice girls at Berman Emporium. FOR SALE. FOR SALE—Rubber stamps. The Pioneer will procure any kind of a rubber stamp for you an short notice. FOR SALE: 16-inch seasoned jack pine. Telephone 373. FOR SALE: Kitchen range. Room 8 Bazar block. MISCELLANEOUS. PUBLIC LIBRARY—Open Tues- days, Thursdays and Saturdays, 2:30to 6 p. m., and Saturday evening 7:30 to 9 p. m. also. Library in basement of Court House. Mrs. Harriet Campbell, librarian, Can it be true that you shop during stormy weather— Telephone buying is the proper way: “Use the Northwestern” Northwestern Telephone Exchange 0Gompany Want Ads FOR RENTING A PROPERTY, SELL- ING A BUSINESS OR OBTAINING HELP ARE BEST. Pioneer SRRy R M mganine( 3! Feshien) s -