Bemidji Daily Pioneer Newspaper, September 17, 1908, Page 1

¥l -THE BEMI VOLUME 6. NUMBER 129. WORK IN DISTRICT COURT IS PROGRESSING SLOWLY Attérney Not Ready to Try Cases.—dJudge Stanton Deliv- ers a Splendid Address to the Grand Jury, of Which A. Gilmour Is Foreman. Very little progress has been made in district court today in the matter of disposing of cases owing to the fact that the different attorneys hav- ing cases at this term have not been ready to go ahead with trial. ‘This morning Judge Stanton excused the members or the petit jury until 2 o’clock this afternoon and again excused them until to- morrow morning. The list of petit jurors was com- pleted yesterday afternoon. A full grand jury was secured yes- terdey afternoon and A. Gilmour of Blackduck was appointed foreman, after which Judge Stanton delivered an address to the grand jury. Judge Stanton’s address to the grand jury was one of the most able ever given thatbody and was as fol- lows: 4 “Gentlemen of the grand jury:— You have been duly selected from the electors of-this county to consti- tute the grand jury for this general term of court and to perform the im- portant duties which the law imposes upon that body. ““Fhe grand jury as an institution is of very ancient origin in the his- tory of Fngland, and was adopted in this country at an early period, and i is continued here from the same con- siderations that gave to it its chief value in England—that is, to bring to trial persons accused of public offenses upon just grounds, and at the same time to protect the citizens against unfounded accusations. “The performance of your duty, therefore, as a grand jury, is of great importance, and effects in no small degree the welfare of the county which you represent and the inter- ests of its individual citizen. “In the discharge of your duties, I need not, I am sure, remind you that you should at all times be fair and impartial. Do not permit your- selves to be swayed or influenced to the least extent by your passions or prejudices. Remember that your province is to act judicially and you should be governed by the evidence that is properly brought before you. Remember that the law has no favorites and treat all alike, whether friend or an enemy. You should be just. Main- tain the dignity of the law and require all violators of the law to answer for their offenses; but, in doing this, you should exercise due caution that the ionocent and law- abiding are not inconvenienced and embarrassed by your acts. “In your deliberation it is not improbable that questions of law, about which you are in boubt, will occasionally arise. If they do, you can at any time and upon any such question, ask and receive the advice of the county attorney or of the court, if you see fit to apply to the court. “But your own sense of justice and fair play will determine the most of these questions. The law, after all, is not as technical as is sometimes thought. Good common sense, impartially and fearlessly applied,constitutes the law, generally speaking. “You have taken a solemn oath that you will diligently inquire into all public offenses committed or tri- able in this county. In doing this you must not be actuated by malice or illwill toward any person, nor through fear or favor or hope of reward, but you must act truly and honestly to the best of your under- standing and according to law. “You will receive all of the evi- dence presented which may throw light upon the matter under consid- eration, whether it tends to estab- lish the innocence or the guilt of the accused. And more, if in the course of your requiries you have reason to believe that there is other evidence, not presented to you, (dence was qualify or explain away the charge under investigation, it will be your duty to order such evidence to be produced. “Formerly it was held that an indictment might be found if evi- produced sufficient to render the truth of the charge prob- able. But a different and more merciful rule now prevails. To find an indictment you must find. that a public offense has been committed and that, in your opinion, the person accused is guilty of that offense. But in a case where you find that a public offense has been committed and that there is probable cause to believe the accused to be guilty of that offense you will return a pre- sentment, not an indictment. “A grand jury shall consist of not more than twenty-three nor less than sixteen members. Twenty-three members are always drawn, but often, for various reasons, all can- not or do not serve, but you should never take action of any kind asa grand jury unless at least sixteen members are present. *‘Before you retire, the court will designate one of your number as vour foreman and you will select from your members a clerk. The foreman will be ysur presiding offi- cer and will administer the oath to all witnesses before you. The clerk will keep a written record of all your proceedings and file the same with the clerk of court when you are fin- ally discharged. He must keep a record of the number of votes. for or against any proposition upon which you vote, but he must not in- dicate by his record how any indivi- dual member votes. “To find an indictment there must be at least twelve affirmative votes. When an indictment is found it shall be endorsed with the words A true Bill,” and signed by your foreman. The names of 'all witnes- ses who testified before you in the matter shall also be inserted at the foot of the indictment or endorsed thereon, “When a presentment is found it should be signed by the foreman, and in returning the same to the court you shall also return therewith the testimony, or a copy thereof of each witness examined before you in | the matter, “Immediately after finding either indictment or presentment, your foreman will present the same to the court in your presence. “You should each bear in mind that you shall keep secret whatever is said by yourself or any other grand juror, or in what manner your- self or any other grand juror voted, or any matter before you. “During your deliberations you will convene and adjourn as you may see fit, to suit your own convenience, and when you have concluded your duties you will so report to the court and be finally discharged. If at any time you desire to seek the advise or suggestion of the court, you are at liberty to do so. “I trust that your work will be faithfully performed and will not be arduous or unbleasant to you and that its results will promote the very best interests of Beltrami county.” The case. of Mathilda Akerberg, as administratrix, etc. vs. F. A. Mayo, which is an action for dam- ages, was set for the first trial by jury at the next term of court, which will be held in February, 1909. The case of Frank Jeffers vs. the M. & L railway company, which is a personal injury suit for $51,000, was continued by consent until the next term of court. . The personal injury suit of Lars Bjorge vs. the M. & I. railway com- pany for $10,000 damages, was also continued over until ‘the next term of court. g 1 Additional local matter will be found BEMIDJI, MINNESOTA, THURSDAY ‘EVENING, SEPTEMBER 17, 1908. Beltrami Codnt& Returns On offices where there was a contest for the Republican nomination. GEEEEE B ERE 2|2l=l 25 B (& | ol¥ & 85 @ HEH A = &< |8 ElS ] 1151 T 15 2l 8l | 12 =(| |2 | i3l M = = B B G Rt S R b = e e 5 =15 1=Blelal8] 2 EE R E B EE R E e SR e = E R R E R S Bt e R 2 Bl E @lol S 2| R R B E R R HEHEEEEIREE SEEE EEEEEEE EEE e HERE R E R EE LA = 2 R e P A S P P e P P P N P S el P S e |Judge District Court 2 B Lol B.T. Wright -. 03] 71 91| 75(13| 2fsa 69| slasftal1al 7io6| sltalssl01'1118) elos| oiool sloe0tas) elus] sl16) 3ut| 112 oA L Thwing - 73| 81| &2| 62| 8 22(14] 68| 1{20f 6121 9[16/12{14[20( 6| 7] 4 61110]16[23l37(24[11/55/13]14| 2| 817| 8] 5[10 epresentative enry Funldey . 68) 991117(103) 3| 22 3{ 70l11(28 8l1aliol2ei1il1s]15/13:13] 3l14113) 6| 6l40la1|19i14/78113112018 11 12(18] 2f10 . J, Opsahl 15| 65| 59| 38(13) 20f1a] 46| ef3a{ra21|"sl200 of 832013 li212] Blaalugiz|13(23nz]28) B1s| 1]12] 8| 7| {10 Harry Ives. 7| 5 16| 15| 6 7| 1| 21).. "8l 1).2[1] 2| ofta} 2 1|.7)'2| 27| 3| 4| 14| 2[ 3] 1] 2|..|."].-] |- & County Auditor John Wilmann. 78] 79/108! 83| 8| 32i20f 40| 5ls1h1a(a1li0l1117]18la0l21 16l0los] 7(20loaloalaslaslanlazliriaz of 9| 2lnal. 18 80| 76 64(13] 17| 4| 95| 2| 7| 2| 0| 4/13( 111017| 4 7| 1| 3| o[ 4| 11211 4| 0| al3a 1|'5| 61017 15| 7 2| 11].24) 13| 4| 2| 13/10]16| 1| 0] 4121) 2| 6|19| 2| 2|..| 2 3l10] 213) 62| 3(25] 12| 1] 5| 1| 5] 2 1 91116 61 7| 2/o0| 98] slaluao1iraloslazion| lo0isaltsasiaaloulonioriaotanioglalislon) 4ltafrolia) oles 73| stus{is| 21]"s| 56| o[«2| s{1s| 4122 8l 5|6s[10[12[ 3| 8| 4120| 6[1|18]14[11l7e| 8| 1lual [.0}13( 1|5 81{130! 8ol 7| 32/1el 40] 5(2s] 7i27 1101107 sltolaslra'1s| ofi7l 5lsa) sisslel1sltolasltel 7] 7| alsaf of 4ltr 6l 71/ 60| 8l 19| 6| 83) 312/ 411! 2lighi=ie2lasls) 4| af 4) f 5| 3l20] 3j1zf19l4| 4] 5| shrs| 6 7| 2| 5 28] 37| 26| 6| 3| 6| 34| 8l30| 7) 8| 6123 14| .| 2{ 5| 5] of 71221l 7]e0l2e| 72| slas| 3[ 5[ 112 1| 5 aataolrsshel an 5| 10l 44| 5| 3| 2| shsllsol o 6l aho| o] ulonlsanls) of of 3f ohs] | alon 31| 26] 3| 3| 15| a[1a0| 1[11| 4l2716) 8 4|"c|s3lrs] 211 118[ 6| Fl12(17) 0| 234 1] 9] 7|19]--[i0] 3[ 3 a8) 211 36 19| 6| 4| 8{ 10| 1121]...18)".| 11...| 1| slxil.. |13 ol 5| 3| | of of sj1al 1| 2f..| 1) 1.7 1 21f 10| 16] 2| efu1] "aui["o[T0| 37553l of 5| 3[ 6| 3 2| olrr|19fa1] 5| o 2[5015] 99| 1'2lue| | 3 a6 39l 43/ 2| 25l 2| 9 310/ 810l 2| 3 2/ al slua| of 7| 5/ 2| 6| 1] of 5| 5| 7ln1)..| 3| 5| 2hie| o[ 2| 231 17| 33| 2| 12) 4| 58]..|15| 2/ 8| 2lua|.”| 4] 21 3 1| 7| f 3| 2| 216] 3| 6| 2frol | 3 3 2|.| 7] 2 1 30 74/ 16) 5/ 7| f 13{ 1) 9l13| o 3| o 8ie1/232) 3| 2ho) 2frsl...j11| 7| 51| of 1r) of 2f.) 1f 1| 1 G| 09] 70| 72)12) 10(13] 3] 9's2]. 12|11 24ls0[ 3{s3.|13) Tl12{10]16{35[27{32(s5]15 211611 916 12 117 Judge of Probate F. J. Dunwoody . | 42| 60| 59] 41l1a| 32115 68| 6'22(10(19f 91>5| 7|15ia5(12i18f10'20,12)18l21[24134[26(13.28] 6(211015] 1(14] 4] 5 M, A. Clark /100134110 7 e 9§30/ 7} 8012142815 o 510] o/20{ o[33[1{22017/7713] 7| 6| 8 10(11] 8118 Lanr .. | 68 Toun1| sslual 24 8| 81/ 833 oael 718 7| 7i2winz] 7| 16 sl 7). 15]18liz'4a] 3| 813 1j17| o 21 8 E. Ibertson’ | 83l 89" 05! o4l 6l 24114’ 55| 738l 71171 9lzal 9! 8l24ls5 17110 15 12611 19 419" 1116! 5'16 The latest resnlts 'of the primary election, which were obtainable by the Pioneer up to 3:30 this after- noon, gives results in Beltrami county of 39 precincts out of 60. The Pioneer also has returns from 26 precincts of Red Lake county,! with nine yet to hear from and also from Clearwater county, which is complete with the exception of four precincts. We also have returns from Itasca and Hubbard counties on the judge- ship. The returns for the judgeship would indicate that B. F. Wright has peen nominated over his op- ponent, A.'L. Thwing, by a thousand or more majority. In Beltrami county, at last ac- counts, Wright had a majority of 38. Clearwater county had a major- ity for Wright of 63, while in Hub- bard county Mr. Wright, with all precincts received, had the mag- nificent majority of 616. Reports - from Itasca county at noon, state that Mr. Thwing had carried his home county by only 300. No further reports were obtainable but there is little doubt that Mr. Wright has won the nomination over Mr. Thwing. In the contest for representative from this district, at last accounts, Henry Funkley had 308 majerity over Opsahl in Beltrami county. Opsahl had a majority in Red Lake over Funkley of 232, and Clearwater county gave Opsahl a majority over Funkley of 245. This would include the precinct of Spooner, laying precincts in the north” end o the county. and Clearwater have been sufficien: neglected by Mr. small vote was not unexpected. a good majority over George, his nearest opponent. George H. French leads Bailey for county treasurer nearl 300 votes. In deeds, J. O. Harris leads Riddel b over 200 votes. county attorney over opponent, D. H. Fisk, by over 40 votes. . For judge of probate, M. A. Clar] majority. to 3 p. m. Second district—Thompson majority over Clementson. tndicate that Mr. Opsahl was leading Funkley by 169 majority. However, this does not where Mr. Funkley is supposed to run strong,- and- several - other out- to give Mr. Opsahl the nomination. | These counties were almost wholly Funkley and- a In the contest for auditor John Wilmann is certainly nominated by James L. | over the contest for register of Hazen * has the majority over Olson of nearly 300 votes. Chester McKusick leads for his nearest leads F. J. Dunwoody over 300 and is undoubtedly nominated by a safe The vote for county commissioners showed the following majorities up ELECTION RESULTS Opsahl Has Probably Defeated Funkley, Clearwater and Red Lake Counties Being Strong for Opsahl.---Wright Claims Nomination for Judge, by 1000. Park Rapids, Sept. 17.—4 p. m.—(Special to Pioneer.)—B. F. Wright of this village, candida‘e for the republican nomination for judge of the Fifteenth Judicial district, claims that he has defeated A. L. Thwing, by 1,000 majority. Fourth district—Durand 19 lead over Wagner. Fifth district—Danaher elected: majority over Ungstad, nearest com- , | petitor, 68, at 3 p. m. Democratic Candidates. f| As there was no opposition to the democratic candidates for county offi- However, itis more than likely|ces, 2 light vote was polled for these that the vote of Red Lake county |candidates, and the following were t | nominated, “unanimoasly”: For county attorney—P. J. Russell, For Sheriff —Thomas Tedford, For Register of Deeds—Fred M. Malzahn. For Superintendent of Schools— Vera M. Cameron. For County Commissioner, Second District—John-Gilstad. Opposed to the above, on the republican ticket, as candidates at Y|the general election, will be the following: For County Attorney— Chester McKusick. . y| For Sheriffi—A. B. Hazen. For Register of Deeds—]. O. Harris. For Superintendent of Schools— W. B. Stewart. For County Commissioner, Sec- ond District—Helic Clementson. 0 I. B. Was “‘Opsahlized.” k| I B. Olson, whose “sitch for office” is proverbial, and who was Osaphl- ized and whom “Old Allen,” referred to as being “ONE honest man who was running for office,” was snowed under for register of deeds by the ratio of 2 to 1. I. B. should have taken the advice of a few well-meaning friends, among . 2| them the Pioneer and the Tenstrike Tribune,and kept out of the race. Fred M. Malzahn, within "your reach, which would on fourth page. Beltrami County Fair BEMIDJI, MINNESOTA September 24, 25 and 26, 1908 LARGE PREMIUM Band, Farmers’ Races, Free Vaudeville, Ag- riculturist Speakers of National Prominence " Making This Fair the Best in Our History. A FARMER’S FAIR Pres. WRITE the SECRETARY W. R. MacKenzie, Sec’y FOR. LIST ILY PIONEET FORTY CENTS PER MONTH At the regular drill of Company K, last evening, the members of the company decided to put a football team in the field which will play games with independent teams from surrounding towns. John Hillaby, first lieutenant of the company, was chosen as ‘man- Kenneth Kelly, second lieutenant, was the unanimous choice for cap- tain of the team. Kelly, who was. a regular in the U. S. army for several years, played on some of the best army teamws in the country and is a| star line-bucker and all-around foot- | ball man. He will undoubtedly make a strong captain. Matt Bright, an ex-member of the law school team of the University of Michigan, will coach the militia team and will also play as half back. He is not only a strong player, but a coach of more than ordinary ability. He willalso coach the Bemidji high school team. MILITIA COMPANY WILL HAVE OWN FOOTBALL TEAM Lieutenant Hilleby Is M_anagel_'. Lieutenant, Kelley Cap- tain.—The Eleven Will Be a ““Beefy’” One, All of Whom Are 0ld Players. ager of the company football team. ! MINNESOTA HISTORICAL SOCIETY, There are several other strong players in the company, and it is more than likely that the boys will line up as follows: Adam Otto, center; Hillaby and Tardy, guards; Markham and Bough- ton, tackles; Stewart and Doran, ends; Lloyd, quarter; Kelly, full- back; Bright and Collins, halves. Edward R. Getchell, an ex-member of the Bemidji championship high school team, who is a big husky player of much ability, will probably return to Bemidji in time to be in the line-up before the season closes. The militia eleven, as given above, isa “beefy” bunch, and as all of them are old players they will undoubtedly give a good account of themselves. Manager Hillaby states that the first game of the season will prob- ably be played on the 26th inst. against the independent team of Grand Rapids, at Grand Rapids. Attention, Elks.—Meeting Tonight. There will be a regular meeting of Bemidji Lodge, No. 1052, B. P. O. E., at Masonic Hall this evening. There will be initiations, big feed and a social session, and all mem- bers should be pressnt. Visiting brethern cordially invited. (Be there on time, or there'll be trouble.) E. H. Jerrard,, Exalted Ruler, THE NEWBY STRING OF HORSES ARE GOING SOME Thomas Newby of This City is Making a Fine Record in Wis- consin. A letter has been received from Thomas Newby, who now has his racing horses at Ironwood, Mich., to sent out from Rhinelander, last week, giving the results of the races there, were erroneous relative to the free- for-all pace. These were correct in stating that Brownie Mac won the 2:30 pace and Bessie Barolite was first in the 2:17 pace, but in the free-for-all the news- papers stated that Prince Hal was defeated. In Mr. Newby’s letter he says that he won the free-for-all race with Prince Hal and personally drove Hal.” Mr. Newby says that he had a walk-away at Rhinelander and he was given a guarantee of $300, win orlose, to take Prince Hal, Bessie Barolite and Brownie Mac to Iron- wood to race this week. Bessie and Brownie are racing today at Ironwood, Brownie being in the 2:30 race and Bessie in the 2:17. Prince Hal is entered in the free-for-all at Ironwood, which will be run tomorrow. Newby will take his three horses to Ashland for next week and will participate in the races at Duluth the following week, after which he will return to Bemidji. In writing of the horses Mr. Newby states that of fifteen fast horses at Rhinelander, there is but one horse in the entire bunch that can beat Brownie Mac. Which one - lthlt is Mr. Newby did not say. the effect that the newspaper reports | THE GIRL OF THE RANCH HERE TOMORROW NIGHT Same Company Presented “‘At Cripple Creek” Here Last Year, Which Was Fine. Ernest Fisher has made an ela- borate production in his newest pre- sentation, “The Girl of the Ranch,” a stirring romance of the Westerner of old. has been spared in building for this produc- tion scenery and effects that will surpass any of Mr. Fisher’s previous productions. Mr. Fisher will be remembered as presenting last season, “At Cripple Creek” and “The Squaw Man’s Girl,” two noteworthy productions. The same splendid cast of players that made such a favorable impression last season has beed engaged, and doubt= less play-goers will embrace this op- portunity to encourage the best in the drama and give this company its heartiest support, thereby convincing the cirpuit managers that the people will patronize first-class, high class companies. Mr. Fisher’s company has always surpassed all expectations, and in “The Girl of the Ranch” none of its well won fame will be lost. They play here one night only. Friday, Sept. 18. at City Opera House. The above company will be rememembered in Bemidji as having played here a year ago, giving a “crackerjack” performance in “Crip- ple Creek.” The company was a very good one at this time and its scenic effect was especially good. No expense Government Topographer. A.]J. Meade, Jr., a topographer of the United States geological sur- vey, who is in charge of this work in the State of Minnesota, came in this morning from the east rapids of the Rainy river, where he has just completed the work in that sec- tion of the country. From Bagley Mr. Meade will go northwest to Lost river and complete the remainder of the survey of this state. This work is being done under the provisions of the Steener- son bill, which passed congress in 1906, and which calls for a survey of all the ceded Chippewa lands of Minnesota, in order to determine the feasibility of draining the land. Mr. Meade will return to this city about the first of October and will then give a more complete report of his work in Minnesota. Two Marriage Licenses. D. Wilson Dafoe to Avis Carlton. Peter Nestinger to Mae Miller.