Bemidji Daily Pioneer Newspaper, March 22, 1909, Page 4

FATE OF BARNEY NELSON WILL SOON BE DEGIDED Continued from First Page ment of the county attorney that the story of the stolen pistolas related by Nelson could not have been true, and maintaired that it not only could bat did occur. Adjournment was taken for noon before Mr. Funkley had completed his address, he not having covered much more than half the ground he intended to. After the noon adjournment, Mr. Funkley resumed his address to the jury. Mr. Funkley for scme time after dinner, and concluded his address with an eloquent appeal to the jurors to weigh carefully the nature ot the testimony given by the state; bear in mind its improbabil- ity as to truth; and to remember, above all things, that the defend- ant must be proven guilty beyond a shadow of a doubt, in order to bring a verdict of not guilty as charged by the indictment, which they never could do, after a care- ful consideration of the evidence The closing hours of the Nelson case, on Saturday, were marked by some sensational testimony on the part of both the state and the defense, principally by witnesses for Nelson, in which there was a wide discrepency for each side as to what had been said relative to the shooting, at the preliminary hearing of Nelson, and also at other times before and since that time, with especial reference to the pistol which the state had attempted to prove was the weapon used by the murderer in killing Fuller, and which was the property of Nelson. One of the state’s principal , W. E, Hyatt, swore positively that he did not say at any time that the ¢gun” which ‘he claimed Nelson carried on the night of the murder was not the old horse pistol, but a new revolver, with a black rubber stock; and witnesses for the defense swore just as positively that Hyatt had made such a remark, and in corroborating the time and place where Mr. Hyatt was supposed to have made the remark there was much contradictory evidence. Evidence calculated to impeach two other of the state’s principal witnesses was introduced and left the jury to determine which was telling the truth, [The grand jury was allowed to report two indictmeuts against Sam Hayes, one of the defense’s witnesses, while the jury. was in the room, and Hayes was taken into custody and the indict- ments read to him while the jury sat in their seats and waited for the resumption ot the Nelscm trial.] The defense was handled very ably by Mr. Funkley. He had his witnesses present when wanted and they responded promptly, and they gave their testimony in a sequential manner. This was the first time that the ex county attor- ney has handled the defense in a murder tral, although dur- ing the tenure of his two-year term he convicted four men ot the crime of murder in the first degree, two of them being sentenced to the penitentiary for life, the other two being condemned to death and their sentences afterwards being commuted to life imprisonment. His work was good, and he took advantage of every opening. Mr. Funkley was not allowed to introduced testimony showing the violent and quarrelsome character of the deceased Fuller, although he argued the question at some length. Judge Stanton held that there was no issue of self-defense on the part of the defendant, and therefore the evidence was entirely inadmissable. After the conflicting testimony had been given by the defense and in rebuttal by the state, both the state and the defense rested their cases. ¥t was agreed between the attor- witnesses - ‘meys and Judge Stanton that the jury should be allowed to disperse to " | —May, $17.471; July, $17.50. Butter their homes, without the custody of a baliff, and that court should adjourn until Monday morning at 9 o’clock, at which time the arguments of the state and the defense could be made |} and after the judge had charged the jury, the case could be given to that body for a verdict. This agreement evidently pleased the jurymen, who had been confined, for the most part, for four hours. The last act of Mr. Funkley, in behalf of his client was probaby the strongest card played during the entire trial, The defendant was called to the stand and asked by Mr. Funkley to show his right hand to the jury. When Nelson held up his hand, it was seen that the entire thumb of the hand had been amputated, and the first finger was also deformed. Mr. Funkley asked Nelson if it would have been possible for him to have fired the much-mooted horse pistol with the one hand which had no thumb, and if he had ever fired the pistol with one band. Mr. Nel- son stated emphatically that he never had. There was no cross-examination on the part of the state, of this state- ment by Nelson. This was Nelson’s last act on " the stand. BEST BILLIARDISTS MEET Championship Tournament for 18.2 Title Begins Tonight. New York, March 22.—Seven of the world’s greatest billiard players will begin tonight a two weeks’ tourna- ment for the championship at the eighteen-inch balk line game, two shots in. Six of the men are Amer- icans and the seventh is Louis Cure, the leading player of France. Among the contestants i{s almost every well known American professional billiard- ist except Willie Hoppe and Jake Schaefer. Willle Hoppe decided not to enter the tournament because -of differences with the company in charge of the competition and Schae- fer is not in good health. The tofirnament will begin tonight and last until April 2, afternoon and evening games of 500 points apiece. being played. ENGLISH FEAR OUR HORSES American Cracks Entered in British Races Beginning This Week. London, March 22.—The opening of the English racing season this week with the Lincolnshire handicap begins a season full of interest to sportsmen on hoth sides of the Atlantic. Many of America’s best runners are entered in the big English events and leading native horsemen have given it astheir belief that the foreigners will carry off some of the stakes, Among the American horses who are heavily handicapped in the Ep- som Derby, the Liverpool Spring Cup, the Great Jubilee handicap and other big races are Colin, Ballot, Fair: Play, Priscillian, Sir Martin, Norman IIL, Delirium and other cracks. GOETHALS NOT SO SANGUINE Taft Desires Panama Canal Completed July 4, 1913. Washington, March 22.—It has de- veloped that during a recent conver- sation between President Taft and Chairman Goethals of the isthmian canal commission the president ex- pressed his desire that the Panama canal be completed by July 4, 1913. Colonel Goethals, however, is not at all sanguine of accomplishing any such result, holding to his heretofore expressed opinlon that Jan. 1, 1915, will see the canal open to navigation. Gold Exports to Europe. New York, March 22.—FEngagements of gold coin for export to London ag- gregating $2.800,000 were made here. These engagements brought the total of gold engaged for export on the present movement to $10,500,000. GRAIN AND PROVISION PRICES Minneapolis Wheat. Minneapolis, March 20.—Wheat— May, $1.13%; July, $1.13%. On track —No. 1 hard, $1.15%@1.15%; No. 1 Northern, $1.14% @1.14%; No. 2 North- ern, $1.125%@1.12%; No. 3 Northern, $1.09@1.11. St. Paul Union Stock Yards. St. Paul, March 20.—Cattle—Good to choice steers, $5.00@6.00; fair to good, $4.50@5.00; good to choice cows and heifers, $4.00@5.00; veals, $5.75@ 6.50. Hogs—$6.00@6.55. Sheep—Weth- ers, $5.00@5.75; yearlings, $6.00@6.85; lambs, $:.00@7.50. Duluth Wheat and Flax. Duluth, March 20-—Wheat—To ar- rive and on track—No.1 hard, $1.15; No. 1 Northern, $1.14; No. 2 Northern, $1.12; May, $1.13; July, $1.13%; Sept., $1.01. Flax—To arrive and on track, $1.63; May, $1.62; July, $1.611%; Sept., $1.39%; Oct., $1351,§ Chicago Grain and Provisions. Chicago, March 20.—Wheat—May, $1.15%; July, $1.03; Sept., 967% @97c; Dec., 9744c. Corn—March, 6434c; May, 66%@65%¢c; July, 65%c; Sept., 65%¢c; Dec., 58%c. Oats—May, 54%c; July, 481 @48%c; Sept., 40%¢. Pork —Creamerles, 22@29c; dairies, 20@ 25e. Eggs—18@19¢c. Poultry—Tur- keys, 17c; chickens and springs, 16%c. Chicago Union Stock Yards." Chicago, March 20.—Cattle—Beeves, $4.860@7.00; Texas steers, $4:40@5.30; Western steers, $4.00@5.40; stockers and feeders, $3.40@5.35; cows and helfers, $1.90@5.50: calves, $6.00@ 8.00. Hogs—Light, $6.35@6.75: mixed, $6.45@6.85; heavy, = $6.50@6.87%; rough, $G. 50@61}0 good to choice 14 I ] New Belts, BERMAN EMPORIUM OPENING. Purses, Combs Umbrellas, Embroideries and Laces. Spring Millinery and Display of Fashion- able Dry Goods, Ladies and Children’s Wearing Apparel WEDNESDAY, March 24, 09 HATS It would be difficult to imagine a more charm- ing array of exquisite Hats and Trimmings than we show at this opening. The new styles and colorings are magnificent. Some of the most artistic and exclusive Pattern Hats, as well as the most clever productions from our own work- rooms---among them the new Bowl Hat, French Turban, Large Picture Hat, Poke Bonnet. Hats for all tastes. Misses’ and Children’s Hats in a — profusion of styles and at moderate prices. TAILG 2D i WoRKSHOP WORTH Ladies’ and Misses’ Suits, Coats, Dresses, Jackets, Skirts, Waists. Decidedly ezclusive models in bprmg "Tail- Tonpe, Navy, Tan, Olive, Novelty Stripes, at and evening wear. Waists Beautiful creations in Taffeta, Messalin, Habeta, Fine Lawn and Batiste, in all the new shades as - well as black and white, exquisitely made and moderately priced. ‘Taffeta and Heather- bloom Petticoats in black and- large variety of new shades at less than the material would cost you. new patterns. Undermuslins Corset Covers and Drawers at less than-the maker’s cost. will be served with wafers. Also flowers. heavy, $6.60@6.8774; ples, $5.2566.20. Sheop, $3.25@5.805 yearlings, $6.00Q 7.25: ldmbs, §5] 50D7.80, - Smeh ored Suits, in new novelty fabries, in all the new shades including Rose, Reseda, ~ $13.50, $18.00, $20.00 to $50. 00 Gloth and Silk Dresses in the New Empire and Princess Styles, made of Messaline, Talfeta, Rajah, Serge, Mohair and White Lawn and Batiste for street Strictly Tailored Walking and Dress Skirts ‘in the new spring gored styles, effect- ively trimmed---some with “straps and buttons, others with Taffeta and Satin Bands---at attractive prices. . Dress Goods at great saving. Our Dress Goods Department is crowded with all the fabrics for spring. Cloth in all the desirable spring colorings, also black. New Soesitte, Zephere, Highland Tis- sue in fancy plaids-and stripes. ‘French Gingham, Lawns and Batlste in the This season we exceed even our usually large assortment, and show by tar the most exquisite line in Muslin, Lawn and Nainsook Gowns, Petticoats, ~_Ladies’, Misses’ and Children’s Shoes, Oxfords and Slippers in black tan, white, maroon. We carry the Selby Shoe for ladies and the celebrated Red School House Shoe for Misses and Chlldren in black and colors. Warner's Rust Proof Corset in the hipless models. We extend a cordlal invitation to all the ladies of Bemidji and vicinity to attend our Spring "Opening Wednesday, March 24th, 1909. We have exerted every effort to make your visit to this store a pleasure. While examining the new fashions have a ‘cup of coffee with us, whlch New Kid and Silk Gloves in All Colors. Novelties in Neckwear Crochet Col- ars and Jabos.