Bemidji Daily Pioneer Newspaper, March 22, 1909, Page 1

THE BEMIDJI VOLUME 6. NUMBER 286. FATE OF BARNEY NELSON WILL SOON BE DECIDED Case Against Nelson, Charged with Murder in the First Degree, Was Closed at 4:25 This Afternoon and Jury Retired. The jury in the Nelson case re- tired this afternoon at 2:35, at which time Judge Stanton concluded his charge. The charge of the judge is considered as one of the most impar- tial and careful reviews of a case which has yet been given in this court. In concluding the charge the judge gave the jury three torms of verdict which they might return, one, guilty of murder in the first degree; second, guilty of murder in the second de- gree and third, not guilty or acquit- tal. There was another large crowd in the court room this morning when court convened to listen to the arguments of County Attorney Mc- Kusick for the state and Henry Funkley for the defendant in the Nelson murder trial. Mr. McKusick occupied about an hour and a half in summing up the case of the state, and his effort was astrong one. He went over the evidence carefully, both that given for the state and that procured by the defense. Mr. McKusick laid stress on the statement made by Mr. Funkley when he opened his case, in which the latter had said he would impeach the evidence that would be given by some of the state’s witnesses and dwelt on the attempts of Mr. Funk- ley to carry out the statement. The county attorney dwelt on the testimony as given by Nel- son in his own behalf and told the jury that that testimony alone was about enough to convict Nelson, and substanttated some of the contentions made by the state which tended to prove the guilt of the defendant, Mr., McKusick ridiculed the story told by Nelson of the man- ner in which the defendant claimed his gun was stolen, and pointed out how, in his own mind, it would have been absolutely impossible for the pistol to have been taken in the manner described by Nel- son, The defense had stated that Nelson. would not admit that he had killed Fuller but would claim that the state’s witnesses had not told the truth. Mr. McKusick sifted every par- tile of evidence that would tend to cast a shadow of guilt on the defend- ant. He claimed that the evidence showed conclusively that Nelson had been at Hyatt's saloon and had shown his gun to Hyatt; that he had left Hyatt’s place but a few moments before the shooting, just long enough to allow him to have done what the stranger did who shot Fuller, and that the man who was seen running onthe road east of Fowlds was no other than Nelson, and the every movement of that man indicated that he was Barney Nelson. - Mr. McKusick stated that there were three matters which stood out boldly against Nelson and proved his guilt beyond a shadow of a doubt. They were that the man whom the boys met running on the road east of Fowlds was Nelson, that Nelson leit Hyatt’s saloon but a few moments before the shot was fired that killed Fuller, and tkat the bullet taken from the body of Morris Fuller was very similar to those used by Nelson in his big pistol. In conclusion, Mr. McKusick stated his belief that there was not a person within the hearing of his voice, who did net have pity for the defendant, Nelson was of good moral character, a peaceable citizen, but just the kind of man who would harbor a grievance to such an extent, when under the influence of liquor, he would shoot, as he had evidently done on the night of the killing of Fuller. After recess, Mr. Funkley took up thd argument of the case .in behalf of Nelson. Nelson, though very pale, was com- posed and watched the jury and his attorney alternately all through the speech of Mr. Funkley. In beginning, Mr. Funkley stated that he realized the seriousness of the responsibility that was placed upon him—that of defending a man accused of a most atrocious crime, the taking of a human life. The speaker claimed that the circumstan- tial evidence introduced by the state had been ofa very misleading and unsatisfactory nature, and related an incident showing how an innocent man can be convicted of a crime he never committeed, simply through the miscarriage of circumstantial evidence. Mr. Funkley called attention to the fact that the defendant had a thumb missing from his right hand, and that he (the defendant) had testified shat he could not fire the big pistol so often referred to in the case without the use of both of his hands; and then recited that the testimony of the state showed that Nelson wore a holster on his right side with the gun in it. Fuller, when he was shot, had placed his right hand on the stranger’s left Safety for Your Money The First National Bank of Bemidji Money for Your Safety When you have a surplus of money deposit it with us. We allow a liberal rate of interest Capital $50,000.00 you at When you feel the need of mon- ey come to us. We can supply on savings ac- — ANY counts and time time with money deposits. A Surplus in any checking account AMOUNT — ma.f:ter how and on notes with small, is a con- venience once Profits :ne e triedalwaysused. Orsers; on per- Start a b{nk ac- #15,000:00. pn security; count. It helps on city property you to save. or farm property bill. . their ends. shoulder. How could the stranger have drawn the gun with the left hand and fired instantly? According to Mr. Funkley, a pre- sumption of innocence followed the defendant all through the trial, which the state must explain, not the defendent. Nelson’s counsel explained the different degrees of homocide and then stated that the court would undoubtedly, in his charge, call the attention of the. jury to the possiblilty of finding Nelson guilty of the crime of murder in the second degree. The counsel stated he believed that no jury would ever convict a man of murder in the first degree on what he claimed was such dis- connected evidence, which in no conslusive of defendant. Mr. Funkley vigorously attacked the evidence given on behalf of the state by Archie Brown, who was with Fuller when he was shot, and whom Mr. Funkley called“the star witness.” The speaker asked the jury what they thought ofa big man, in the prime of his manhood, like Brown, who would run away like a cur when his companion had been killed, and after he had seen the man who was said to have done the shooting “had also ran in the opposite direction. He believed everyone around Fowlds that night was drunk, or really had more liquor abors than was good for them. Why, asked Mr. Funkley, did not Brown give chase to the alleged stranger who was getting away- as rapidly as possible, instead of hiding behind the warehouse; and why did Brown\ remain there_and not once come until others had discovered the body of Fuller, and when he did come out why did he say he was shot as well as Fuller? The speaker referred sarcastically to the testi- mony of Brown, wherein he referred to the idea that he had been - shot because he felt something on his cheeck. “There is a reason for this,” said Mr. Funkley. ““There is something in or back of this case that the county attorney or Brown don’t want you to know. Brown is the only eye witness to the tragedy, and he has told a most unreasonable story.” Mr. Funkley denied emphatically the statement made by the county attorney, to the effect that he (Mr. Funkley) knew that the evidence as to the bad character of the deceased would not be admitted. Reference was made to the conver- sation which Brown had in the barber shop the morning after . the tragedy, when Brown told a some- what different story than when on the stand at the trial, especially in which H. H. Wheelock alleged that Fuller should have said to the stranger who did the shooting, just previously to the shooting that he (the stranger) must have money. Mr. Funkley charged that there had been much memory-fixing, in his opinion, on the part of the witnesses for the state, and he referred to one witness of the state as being a self- confessed thief. There was a dispute between_ the council for the defendent and the county attorney as to what ex-Sheriff Bailey’s evidence had been with relation to what Nelson had told him, Mr. Funkley dwelt on the argu- the guilt of the (Continued on last page) wise could be construed as being |- CASS LAKE IS DESPERATE; MOVING ‘HEAVEN AND EARTH St. Paul, March 22.—2 p. m.—(Special to Piorieer. }—That Cass Lake’s citizens and her supporters, in- cluding the Duluth backers of the town, are desperaté in their efforts to pass the bill locating the proposed sixth state normal schoolat Cass Lake is evidenced by the fact that nearly half of the able-bodied population of Cass Lake, as well as people living at Washington, D. C., and as far west as Montana, have congregated here and are literally “moving heaven and earth” in their endeavou to get thefew votes necessary to insure passage of the This is, by far, the largest delegation Cass Llh has had on the ground, and just who is for all this display of “plenty money” is a matter of sosie conjecturé and not a little unfavorable - comment on the part of some who have had suspicions since the bill passed the senate. If there is anything which human inZenuity can coticeive that will help Cass Lake, that thmg will be forthcoming, and the sheer desperation of Bemidj's nelxhbors will cause them to besitate at nothing to gnm MILLINERY: STORES HAD SPLENDID. OPENING DAYS Spring Showing “of . Hats and Other Women’s “‘Fixings,” Saturday Was Very Good. L ee— The annual spriznzfopenings of the local millinery en{pblishments, held Friday and Saturday proved to be gala days for the ladies of Bemjdji, unusually large crow&u turning - out to view the season’s styles. The display witidows were beauti- fully decorated for. . the occasion, each milliner vying lnith the other. Conger’s store was decorated with purple and white crepe paper stream- ers, which extended from the ceiling to the baske@s of flowers placed around the room, giving a “very pretty effect. In ‘thF display win- dows were placed 4. few of the chois- Historical Society. : Y PIO BEMIDJI, MINNESOTA, MO:@I)@S?‘EVENING, MARCII 22, 1909. FORTY CENTS PER MONTH pumng up” i . L In Menicipal Court. The municipal court has been very busy the last few days “raking in” fines and thereby enriching the coffers of the city. Four of the local saloon men were arrainged Saturday before Judge Bailey on charges of violating the ordinances. Frank Gagnon was fined $10 and costs for keeping his curtains up after 11 o’clock. Martin Rosen paid a fine of $25and costs for being open after hours. Robert McCall and Matt Thome were arraigned on charges of keep- ing open after i:losing time and their cases continued until next Saturday. H. E. Ostlon of this city was given a hearing before Judge Bailey on a charge of violating the -game laws. He was arrested by Game Warden Bailey for having speared a whitefish | and was fined $10 and costs. PLEAD NOT GUILTY AND WILL FIGHT ChARGES esthats. A carniation w:‘s"!lvenw. 1. Tagley, ‘Fred” Haminond and away to each lady as a souvenir. Simplicity ‘was the keynote of the decorations in the Henrionnet dis- play window, which was a model of elegance and beauty. Rose colored ribbons were draped from one basket of roses to: the other and several beautiful ‘:hats were - also shown. Easter novelettes were the souvenirs given away.: The windows of the Hetland- Fallon millinery store were prettily decorated with many beautiful hats and baskets of flowers, making a veritable flower garden. Carna- tions and -Easter.novelettes were given-away as souvenirs, The large display window of Oleary & Bowseris big department store, where Miss Walsmith has her miilinery. parlor, was nicely decorated with ribbon streamers, baskets of flowers: and many beautiful hats. Here also carna- tions were the .souvenirs given away. The hats which are shown this year are of various sizes, toque effects, lamp shaped and. bowl shaped, and-hats which set low on thehead. It is certain that the large hat will still. meet with much Sam Hayes Were Indicted by the Grand Jury. Through his attorney, Henry Tunkley. O. J. Tagley, president of the village coudncil of Nymore, on Saturday entered a/plea of not guilty to the four indictments returned against him by the grand jury at the present term of court in which he was charged with signing 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 general election in the village of Nymore. Mr. Tagley -asked for and was given the statutary time in which to prepare for the trial. . | At the same time, Saturday, the grand jury ‘returned_two indict- ments against Sam Hayes, who has lived in Island Lake and Redby for some time past. Hayes was charged with the crime of sell- ing liquor without a license to George Basset on January 18, 1909; the second indictment charg- ing Hayss with selling iquor to a favor, but the small hats are also in marked evidence. The new shades this year are wistria, -¢‘crushed berry’ shades and heather, while brown and the different shades of ‘green are also .| popular. Nymore Schools to Be Graded. State- Graded School Inspector Chalman inspected the Nymore schoold Friday and 'stated’ that he will recommend to the state authori- ties that the schools in - that village be graded. The Nymore ‘schools have 600 pupils. C. L. Heffron, who has been principal of the schools during the last three years, has been re- elected and will commence his fourth term next fall: * Spring Opening. The Berman Emporium will .hold its annual spring opening: on Wed- nesday, March 24, when a full and up-to-date line' of spring millinery, suits, coats, skirts, waists, furnish- ings and shoes - will -be shown. A cordial invitation is extended to all the ladies of Bemidji and vicinity to attend this opening, person of Indian blood, that per- son being George Basset, and the date of selling being set as January 19, 1909, Hayes not being a licensed pharmacist. Hayes was allowed until Mon- day morning to furnish a bond in the sum of $300 for his appear- ance in court,when ordered on the indictments charged, The Skiddoo Party. - This Party at the Methodist church tomorrow evening, March 23, promises'a delightful treat to its patrons. A group of -competent entertainers have been enlisted and one will need to be dull indeed if he does not get more than three times. twenty three cents worth of enjoy- ment. Any toilet calculated to inter- fere with thefree working of the mus- | cles round the mouth would better be |} The Methodist men will] omitted: furnish tin cups for you to cry in. " —Comnmittee. - Why Pay Rent? 5 which you can repay in monthly payments. The T. I. Ml!ler Com- We loan money on ' city property LANDS AROUND CASS LAKE “ARE CLOUDY, AS TO TITLE Much Gontroverqy Between Settlers and Government Offi- cials as to Rights of Entrymen.—Does State Want Such Sand for Normal Site. [communicaTED. ] The people of Cass Lake have al- ways maintained a sort of open battle with the government officials at Washington, ‘in an endeavor to force the forest service and the interior department to give more land for public domain and opportun- ity for settlers to get claims and make homes, and there have been some exceedingly strong measures taken to force the Washington “folks” to open additional territory to the people who settled at Cass Lake originally as “squatfers.” Of late, during the normal school fight, the Cass Lakers have kept silent as to the encroachments of the national forest reserve, although an armed neutrality has been main- tained. The quiet being to enlist the services of the supporters of the reserve. But the arms have been taken up again, and now the fight is resumed in earnest. - Title to land around Cass Lake is of a doubtful and cloudy nature, as the followipg, taken from the Cass Lake Times of Saturday, will indj- cate: ‘A recent order of the Interior department withdraws all the lands of this and the Winni- bogshlsh reservations for a period of six 'months to allow the Indians who have not received. allotments to select them from the tracts that were supposed to be for home- stead entry. Many of the tracts within-the limits of:these teserves have already been settled -upon and there will be no little diffi- culty in settling the dxsputes that will arise over these entries or .| settlements. “A strenuous effort has been made by the Agriculturul - department to have all Indians who hold allotments on the forestry reserve relinquish their holdings there and select lands on the tracts set apart for home- stead entry in lieu thereof, In some instances Indians holding allotments on the reserve have sold all the avail- able timber on their lands and are now ready to makea new selection where the timber is intact. This scheme may redound greatly to- the interests of the forestry bureau but it don’t look just right when we think of the promises made us at the time congress passed upon the bill making the forestry reserve permanent.” And again the Times says: “Some of our people who seem to bave given the situation mature con- sideration are of the opinion that it is better to allow the lands around us, once intended for homesteads, to be selected and patented to the In- dians and then secure legislation from congress permitting the Indians to sell. We have no opinion on the subject at present, the object of our people is to get these lands into market and under the plow; if it can be done sooner by giving the title to the Indians than by the homestead route we presume the people will be” satisfied. But there will be many a poor fellow who has lived on it for the last five years or more._ in hopes of a homestead among the jack pines who will. mourn and refuse to be comforted.” While the Pioneer has sincere sympathy for the tillers of the soil who may have went on lands in the vicinity of Cass Lake with the assurances’ that they would soon get the land, we' have little use for the townsite boomers and- dealers in deceased I Ind\an ,aLLoxm nt lands and leases who have induced people to locate there under ‘the impression that everything was-all right. * AND DOES THE STATE OF MINNESOTA WANT A SITE FOR A NORMAL SCHQOL AT CASS LAKE, THE TITLE OF WHICH ISLIABLE TO BE QUESTIONED BY THE U. S. GOVERNMENT? Fine, New Daughter for - Dougherly. A fine bouncing baby girl was born to. Mr, and Mrs. James Dougherty of Nymore Sunday— one of: those bits of femininty that makes papa’s heart go ‘‘pit.a-pat” whenever mention is made of the new arrival. . The Pioreer has it that pa” Dough- erty is about the most tickled man in Nymore, and he has reason to infantile |be, as the new miss tipped the scales at 93 ‘lbs. ¢‘And she's worth her weight in gold,” says Mr. Dongherty, Elected and Installed Officers. The Bemidji Lodge of the 'Sons of Herman, which was organized ten days ago, held an .election. and ———————m installation of officers in the city hall Saturday evening. About forty charter members-of the local lodge and thirty-five visit- ors from Crookston, Wadena, Park Rapids and Akeley were present, and the following officers were elected: Matt Thome, president; Louis Venner, vice-president; 'Matt Meyer, ex-president; Frank Silver- sack, conductor; J." Ripple, Fred Brinkman and Adolph Klein, trustees. The other offices are ap- pointive. 4 Hereafter the regular meeting of this lodge will be held in the: Eagles hall on the second and fourth Mondays in each mouth, Wednesday, March -24, -spring opening at the ‘Bennan Emporium. ‘Do Up Your Lace Curtains 0, T g6 e ““““WHM'LIIIKJ!“I}‘IF".“."‘:‘E‘O# IN THE NEW WAY ~ The old fashioned way of stretching and drying lace curtams was to lay’ them flat on the carpet. This hard work made your back ache and your thumbs sore. Often the curtains—after being washed— were soiled a.ll over again by this clumsy way of drying them. Now a new way has been found that lets you have fresh, clean curtains all the time. easy it is when you You will know how Use the “No-Plece” Stréetcher “It's a frame of clean, white bas'i-wocd made so that it will take any size of curtain. easily. - kinks or wrinkles. .- almost three times as long.- You can puta curtain in it in no time, Simply and It dries the most dehca.te lace curtains w1thout What you save on la.undry bl[rs in three. ‘mqnths wfll pay for the stretcher. Makes* your lace” ‘curtaing Tlast +Plegse come in at your first opppttnnlty, and let us. - show ynu how perfeot.ly this Stretchér works, " MINNESCTA HISTORICAI SOCIETY. " |