Bemidji Daily Pioneer Newspaper, March 19, 1909, Page 1

THE BEMIDJ1 BEMIDJI, MINNESOTA, FRIDAY EY VOLUME 6. NUMBER 3. STATE CLOSED IN NELSON CASE THIS AFTERNOON Closing Testimony of State, Though Originally Strong, Is Much Weakened in Cross-Examination.—Case Will Likely Be Concluded Tomorrow Evening. At 2:15 this afternoon County Attorney McKusick closed his case for the state, in the prosecu- tion of Barnard Nelson, and Henry Funkley, counsel for Nelson, opened for the defense. Mr. Funkley stated to the jury that he proposed to impeach the testimony given by Archie Brown, the principal witness for the state, who was in the company of Morris Fuller when the latter was shot. He would also show that Brown had not told all that he knew con- cerning the movements of himself and Fuller the night of the killing of Fuller; that there were other happenings that would prove dam- aging to the authenticity of Brown’s sworn testimeny. Mr. Funkley also stated that he would impeach the testimony given by W. E. Hyatt, who was wilfully or mistakenly giving wrongful testi- mony in the case. Nelson’s counsel said he would place the defendant on the stand in his own behalf; and that he would show that Nelson had always borne a good character, and was a peace- able citizen who had held offices of trust; that he would show that Nel- son had gone to Fowlds and drank and went to the sporting house for the express purpose of finding the thieves who had entered his house and stolen his gun. From present indications it looks as if the Nelson case would be con- cluded some time tomorrow - aftéts noon and that the closing arguments would be made and the case go to the jury tomorrow evening. There was a large crowd present in the court room this morning when the trial was resumed of Barney Nelson, charged with having killed Maurice Fuller at Fowlds on the 3rd of last January. Nelson is still calm and collected a man running down hill about a quarter of a mile from them. Wit- ness was unable to state whether the man was dressed like Barney or not. Ted Payment of Fowlds stated that he been with Platt and Mullen the night of the tragedy. He identi- fied a coat shown by Mr. McKusick and stated that the man he met on his return was dressed almost the same as Barney was dressed earlier in the evening. On cross-examina- tion Mr. Funkley shook Payment’s evidence considerably and forced the witness to state that the coat exhibited by the state was one that resembled that worn by Nelson. Rex Werner, constable at Fowlds, was called by the state. Werner stated that he had been with Nelson the night of the tragedy, when Nelson visited the sporting house, and told of the conversation which he had with Nelson when the defendant had stated about what he had in his pockets. Werner stated that it was more than an hour after he departed with Nelson, the night of the tragedy, that he was awakened and told about the kill- ing of Fuller, Cross-examined by Mr. Funkley Werner admitted that he had had some trouble with Nelson, but it was not of a serious nature; if he had thought it was at all important it would have been'| his duty- tosearch Nelson for arms. John Phflhps istated ‘that e had| been in Hyatt’s 'salooni on the night of the tragedy, and he swore that Nelson, whom he had seen in Hyatt’s saloon, had worn a'light coat that night. Cross-examined by Funkley, the witness admitted - that he was in the employ of Mr. Hyatt in his saloon at Fowlds. Peter A. Inira stated that he had hauled lumber between Fowlds and Puposky and had found some and the proceedings so far have not apparently worried him in the least. He sits quietly in the prisoner’s chair and watches every movement of both tne county attorney and his own counsel. Late yesterday afternoon Nels Oman, who lives near Fowlds, called by the state, testified that Nelson, four years ago, bought an old Con- cord, single-barrel rifle from him— one he had brought over from Nor- way. Oman was shown some cart- ridges and stated that they were the same shaped, but larger than the ones Nelson used in his gun. H. H. Wheelock, on behalf of the state, testified that he had met Nelson January 2; that he had had conversation with the defendant con- cerning an automatic gun and that Nelson had thrown open his coat, displaying a belt with something like an oak stick exposed from the belt. Cross-examined, Wheelock would not swear that Nelson showed him a gun. Albert Platt, for the state, testified that he had seen Nelson on the night of January 2; and that he believed that Exhibits B. and C. (the coat and cap) were the ones Nelson wore that night, when the murder was committed. * Platt had gone to @ dance near Puposky and was returning about 3 o’clock in the morning, when he met a man who -avoided him as he passed, Cross- ‘examined, Platt stated that. the light coat might have been a macki- naw. Platt was certain that he had seen “Blacky” (Fuller) only after the latter’s death. Witness admitted that the jbnan be passed ‘on returning to Fowids bad the collar of his coat turned up gnd he would not swear that the man be last met was Barney Nelson, the defendant. Arthur Mullen testified that he had been with Platt the night of January 2. Mullen stated that when he was treturning hone he had seen cartridges on Mud lake, = about three-quarters of a mile from Nelson’s house and about twelve feet outside the road; he had given the carmdges to Matt Heffner. Court adjourned wuntil 9 o’clock this morning. This morning Mr. Funkley had W. E. Hyatt recalled and tried to make it appear from cross-examina- tion of the witness that he (Hyatt) had told different stories of some of the events connected with the Filler tragedy than what he had testified to on the stand. Asked as to whether he had stated while at Puposky that the gun which Nelson was carrying the night of the tragedy was not the old 'pistol he knew so well, but was a new one, with a rubber butt ‘and silver trim- mings, Hvatt said no; and gave" the same negative answer to a question if he had not made the same state- ment when coming to Bemidji on the train to attend the preliminary hearing of Nelson. Ted Payment was recailed and stated again that he had been in company with Platt and Mullen returning from a dance at Puposky when they met a man running whom he thought at that time and thought now was Barney Nelson. The positive statement as to Nelson was only allowed to be placed in the evidence after objec- tion by Mr. . Funkley had been over-ruled. Closely cross-examined by Mr, Funkley, Payment could not say that Nelson wore:a coat with round corners, the night of the tragedy, when Payment alleged he saw the defendant running down the hill. And further, stated that some of the answers given [OW were not as true as these given at the preliminary hearing, Payment was somewhat ‘“‘mixed” by the counsel for Nelson. Platt who was with Payment the LContinued on Last Page] ADOPTED RESOLUTIONS FAVORING HINDS BILL The Northwestern Minnesota Teachers Adopted Favorable Resolutions, To- day, at Crookston. Crookston, March 19.—(Special to Pioneer.)—At the meeting of the Northwestern Minnesota Educational association, which is being held here today, and which is largely attended, a most import- ant action was taken by the asso- ciation, at its forenoon session when resolutions were unanimously |, adopted favoring the 'adoption of the Hinds ¢‘general” bill for the location of the proposed state nor- mal school. The resolutions were as follows: ““Whereas, It is generally con- ceded and acknowledged by all that an’ additional State Normal School in northwestern Minnnsota is needed to carry on the educa- tional work now begun, and that such an ‘additional normal school would in a great measure, serve to supply the schools of this section with better trained ’ Whereas, A bill No. 117, for the esf such a school, has b i in the house of rep) the Honorable E. R.; now pending before |, of the State of Minnefdtas and “Whereas, Said bll‘{t’&vldeu that the location of thegald normal school shall be left withthe State -that said onable one, Normal Board, we be bill is a just and t‘,_ and that no injustice ¥ any locnlity by the‘ at other educaton of fibrthwntem Minnesota, in conven 'fin assembled, in the city of Crookstes 19th day of March, 1909, that we pledge ourselves to the. support of the said bill, and most. ;earnestly re- quest the honorable members of the senate and house of teixtgsentatives of the State of Minnesota to use every = honorable means at their command to secure the passage of said bill.” | There will bea relu)lr meeting of the Eastern Star Fi evening, March 19, 1n the Mason; ‘hall. SElIT BRAND JURY i L —— Four Sanuruh\:nunls Lodged Against the: Presivént of the Nymore Village Counoil. e—— O. J. Tagley, president of the village council of the Village of Nymore; has been arrested on four indictments returned by the grand jury at the session of the district court, and was arraigned before ‘Judge Stanton this morning, but allowed ‘until the close of the Nelson murder trial (expected tomorrow a_iternoun) to enter his plea. He was allowed his liberty on his own recognizance until ordered by the court to appear. Mr. Tagley is charged with slga- ing four orders for bills.not approved by the village council, three:- of which were for $9.05 each and one for $4.10, being bills for election judges and clerks at the last general election in the village af Nymore. The - bills were paid by the village treasurer. - \Chhrles Cominsky, two local young FORTY CENTS PER MONTH ELKS ELECTED OFFICERS; HELD A SOCIAL SESSION Masonic Hall Was Crowded Last Night With Enthusiastie “Bunch’’ of “Browsers.”—Two ‘‘Fawns’ Given Fullest Extent of the Schedule. At one of the largest-attended 4and most enthusiastic meetings 1n the history of the organization, | Bemidji Lodge No. 1052, B. P. O. E., last night elected officers, listened to annnal reports of out- going officers, and held ~ a ‘social session that eclipsed anything of | the kind yet attempted by the local | brethren. Great interest was taken in the meeting and the Masonic hall was crowded *‘to the gunwhales” with members of the order who wanted to participate in the annual elec- tion and have a good time, A feature of the evening, which had been quietly noised around and tipped off as a good thing, was the initiation of Arthur Gould and men, who have a large acquaintance throughout this part of the state— It Wasn't the Kind of a “Goat” Gould Was Loulnng For. and the “old bucks,” as well as the newer-made members, were on hand 7 Continued on page two. 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