Bemidji Daily Pioneer Newspaper, March 23, 1909, Page 1

THE VOLUME 6. NUMBER 287. BEMIDJI, MINNESOTA, TUESDAY EVENING, MARCH 23, 1909. HOPELESSLY APART, SAYS FOREMAN OF NELSON JURY Jury Reported, This Afternoon, Had Been Unable to Agree, and Were Sent Back to Further Deliberate on the Case. At 3:45 this afternoon the jury in the Nelson case came iuto court and through their foreman, 0. E. Jackson, reported that they were apparently hopelessly apart and could mot reach a verdict. Judge Stanton said that in a case of so much importance the court would not be justified in discharging them after so short deliberation, and he asked them to again retire and deliberate further. After retiring at 3:25 yesterday afternoon and spending the even- ing and all last night wrestling with the evidence in the case of the State vs, Barnard Nelson, the jury came into court at 9 o'clock this morning and asked for instruc- tions from the court relative to some matters which had been dis- cussed pretty thorouglly in the jury room, with no satisfaction to the jurymen. 0. E. Jackson of this city acted as foreman of the jury, and he submitted several questions to Judge Stanton, concerning possi- ble clemency for the defendant, if a recommendation for clemency would have any effect on the sen- tenceot the prisoner and if a verdict of manslaughter could be returned by the jury, as well as asking if they could find that the Barnard Nelson indictment was not a true indictment in the first or second degree. The questions were asked by the foreman and answered by the court as follows: The Foreman:—Your Honor, has this jury a right toask clemency? The Court:—There is no statuory provision to that effect, but itis sometimes done. The Foreman:—And if so to what extent? The Court:—It is my idea and opinion that any recommendation for clemency which might be made by a jury would not be binding in any way upon the court, and the court would still be left to exercise is discretion, because of the absence of any statuory provision of that kind. However, as before stated, 1t is not an uncommon thing for a jury to do, but I could make no statement as to what the effect of such recommendation would be upon the court. The Foreman:—Can a verdict of manslaughter be rendered by this jury? The Court:—It cannot. The Foreman:—Can this jury find that the Barnard Nelson indictment was not a true indict- ment in the first or second degree? The Court:—It cannot. After receiving the instructions from Judge Stanton, the members of the jury retired to again delibet- ate on the case and attempt to reach a verdict or finally ¢‘agree to disagree.” Nelson spent a quiet night, and did not exhibit*much concern as to the probable outcome™ of the deliberations of the jury, He waited patiently until about mid- night, hoping to hear some report from the jury room, when he retired” and slept soundly until morning. He still maintains the same composure that he exhibited all through the trial, and is a man with excellent control of his feel- ings. . —_— In court, this afternoon, the appeal of L. Blooston from the municipal court was dismissed and the judg- ment of the lower court affirmed. On the motion of County Attorney Mckusick the case of the state against Carl Swanson of Farris, charged with adultery, was dismissed. Judge Stanton told the members of the petit jury that as there was no further occassion to keep them here at this time the entire panel would be dismissed until April 20 at 9 o’clock when the trial of civil cases will be taken up. The special venire was discharged. The clerk was ordered to issue a special venire for nine jurors, re- turnable Tuesday, April 20th, at9 o’clock. Judge Stanton thanked the jury for their efficient labors at this term and regretted that conditions were such that they could not cash their warrants at par. The judge also said that a bill had passed both houses of the ’legislature whereby jurors would hereafter be paid $3 per day instead of $2 per day. This forenoon the cases against O. J. Tagley, who was indicted by the grand jury on four charges, were by mutual consent continued until the September term. The same action was taken in the four cases against Fred Hammond; also the two cases against Sam Hayes. Yesterday afternoon, owing to the illness of J. C. Covington, Nels A. Rippey was appointed foreman of the grand jury. The grand jury pre- sented a true bill and was after- wards permitted to adjourn until I the first Tuesday in June, when they| will complete their labors. N S i T Probate Court. March 16.—Estate of George E. Petition of Ida A. Beere, wife of deceased, asking that her share of the personal property be set aside from the estate made and order issuing granting said petition. March 19.—Estate of Corydon B. Butler. Account of Magnus W. Butler filed and decree for payment of claims and disbursements assets issued. Estate of Charles Ingbert. Petition of John Ingbert for appointment of himself as administrator filed and order for hearing on petition set for April 19. Beere. Skiddo Party, March 23. (8 p. m. to—) Under the direction of Mr, L. F. Cole of Minneapolis. We first planned to give this program at at the close of our St. Patrick’s Day supper, but found it impossi- ble because of the great *rush of business,” We showed you our hands in the culinary art. We now want to entertain you. Mr, Cole was one of the original mem, bers of the famous Apollo Club of Minneapolis and for some years one of its board of managers. *Nuf sed. —Methodist Men, At the Baptist Church. Owing to the numerous requests to have another illustrated sermon, plans have been completed to put on one tonight. The theme of the sermon will be “Christ and the Rich Young Man.” About fifty beautiful colored views will be thrown upon the screen. Be sure to come early. The services will be concluded in one hour. A cordial invitation is extended to all. Has Fine Auto. John Moberg of this city has received a fine new, red touring car for use in this vicinity during the coming summer. The machine is a five-passenger Ford car, Model “T,” and cost $850. It is fitted with a 24 horse power engine and is an exceptionally neat and attrac- tive machine. GCROOKSTON LUMBER GO. PUTTING MILL AT BATTLE Big Plant Near Northome.—Old Northome Citizen Died Yesterday. —LKoochiching County Fair. Northome, March 23.—(Special to Pioneer.)—A crew of surveyors has completed the surveying of the route for the spur to be built to Battle lake, four miles west of here, at which place the Crookston Lum- ber company will put in a large sawmill this coming summer. The Crookston people have large timber holdings on lands tributary to that lake as well as all through this section, it being claimed by officers of the company that they have enough material on hand to keep the mill in operation at least ten years. The new plant isto be as large as the one owned by the company at Bemidji and will give employment to 400 men the entire year. Itis understood that work on the mill will be commenced as soon as the snow has left the ground. 0Old Northome Citizen Dead. After an illness of only one week, James Johnstone, an aged and re- spected citizen of Northome, passed away suddenly yesterday morning at 9 o’clock at the home of his daughter Mrs, L. D. Beach. Deceased was 73 years of age and a native of Canada, coming here from Chatham, Can., about six years ago since which time he has resided here with hisdaugbter. Hisremains will be shipped to his former home for burial. He is survived by three daughters, Mrs. L. D. Beach of this place, Mrs. Durham of Brainerd, and Mrs. Fred Chanter of Chatham, Canada. County Fair at Northome. The directors of the Koochiching County Agricultural society met here yesterday afternoon and fixed the dates for the county fair to be held in Northome, on Sept. 21 and 22, 1909. It was decided to offer special prizes for school work and MINNESOTA HISTORICAL SOCIETY. “FORTY CENTS PER MONTH for agricultural ..’products raised by the school childfen, It is hoped by the management to raise '$1000 for cash prizes this. iyear. H Lee Convicted. The jury in the case of the state vs. William Lee charged with grand larceny in the second degree, this morning brought in a verdict of guilty. { Lee was charged with having found a hand bag belonging to Mrs. C. W. Speelman ‘of Northome and appropriating the contents for his own use. The pockethook in the bag contained two $5 bills, two silver dollars, and a chain valued at $17. The defendant was arraigned immediately aftef the jury in the Nelson case retired yesterday after- noon, Assistant © Coutity Attorney Gibbons prosecuting and F., A. Jackson appearing for Lee. The jury was drawn -very expedi- tiously and the entire case was com- pleted before evening adjournment. The jury wrestled with the case all night, reaching a'verdict early this morning. In Municipal Court. The city officials announce their determination to enforce the ordi- nances of the council, and the muni- cipal court was ‘lgipt busy again yes- terday with trying cases of .saloon men, 3 > Ole Anderson paid $41 for his place being open and not having his curtains drawn on Sunday. John Croone paid $28 for “‘open house” on the same day, and it cost John Bye $13 for not having his curtains open. Mr. Bye was to have been tried this afternoon for being open on Sunday and L. Blooston for the same offense. Game Warden Bailey secured an- other conviction in the municipal court,. John Winterstein being fined $10 and costs for having a whitefish in his possessiosy’ Rattinger Will “Make Good.” Word comes from Braiterd that Charles H. Rattinger, formerly of this city, has been elected secre- tary of the Brainerd Lodge of Elks. The Brainerd brethern are to be congratulated, as Mr. Rattinger is a very capable man as secretary, he having filled that position for the better portion of a term in Bemid!i, with this lodge. for ours. SAYS NORTHERN MINN. IS BETTER THAN OREGON 0. C. Larson, a Pioneer Farmer North- west of Blackduck, Returns from a Visit “‘Out West.” “Beltrami county is far and away ahead of any part of Oregon asa place of residence or to make a home and engage in farming pursuits,” says C. O. Larson, who has just re. turned from southern-Oregon, where he spent several months looking over the country and looking for acceptable -opportunities to invest some money. Mr. Larson had been a resident of Beltrami county for eleven years, making his home eight miles north- west of Blackduck, where he took 160 acres, in the early day. of that vicinity, as.a homestead, Mr. Lar- son had heard much of Oregon and last fall went out to that state on a trip of investigation. He looked over the lands there, which he stated were selling for from $35 "to $110 per acre, and purchased some eighty acres, simply as a speculation, which he will again sell, if he obtains a raise in his original price paid. “The land will have to be icrigat- ed,” says Mr. Larson, “and is not exactly what I would desire to farm on, myself. I am firmly of the opinion that there is no ‘country like northern Minnesota for a man of moderate means to make his home in, and this is the f)lace to get a good start, on little or no capital, and easily forge to the front as a successful farmer and dairyman.” Has a Cement Tester. M. D. Stouer, the city engineer, has purchased a fine cement-testing ontfit which he will use during the coming summer to test the various grades of sand, gravel and cement which are being used in the city’s sidewalks and curbs. Pinehurst Temple. The Pinehurst Temple, No. 34, Pythian Sisters, will met in the Masonic hall at 8 o’clock tonight, All members requested to be present, 4 —Mrs, A. H, Harris, M. of R. and C. V270 Clothing H £ O\Ise OU are invited to attend the opening of our good clothes show. We've brought together the finest lot of exhibits you.ever saw under one roof, and we want you to see them for your own sake as well as Our star exhibit is a great display of Hart Schaffner & Marx Clothes; fine suits and overcoats for Spring. We make a specialty of these celebrated goods because we want to render the best possible service to our customers, and there’s no better way to do it than to provide such clothes as these which Hart Schaffner & Marx make for us. The new models are very stylish, the late new fabrics are showing many smart patterns and colorings; the fit and tailoring in these garments are per- fect. You must be sure to see them. Suits $18 to $50 Overcoats $15 to $50 This store is the home of Hart Schaffner & Marx clotlies CITY ENGINEER TO SUBMIT PLANS FOR WATERWORKS The Council Discussed New. Water System.—Bemidji Pio- neer Named Official City Paper.—Last Night's Council Meeting Was At the meeting of the city coun- cil last evening the extension and improvement of the water system for the city was discussed at length and City Engineer M. D. Stoner was requested to prepare in detail plans and spccifications for the extension of the system, he to have report ready for the meet- ing of the council to be held April 5. In the meantime the council will have a conference with the Warfield Electric company as to the renewal of their contract for pumping water and for lighting the city. This conference will take place som: time the latter part of the week or early next week. L. F. )ohnson stated that the sewer committee had looked over the sewer system of the city: but asked for further time in which to make their report. Mr. John- son stated that he thought the city would be obliged to put in a sceptic tank some time during this season, 2 Chairman Kirk, who has been giving city ~affairs considerable attention the past two weeks stated to the comncil that an order for $955 drawn in favor of Wes Wr_ight and taken from the relvolving fund should have been drawn on ‘some other fund. An investigation by the council devolved that shis money was not proparly taken from the revol- ving fund and the city attorney to- gether with Mr. Kirk, were appointed 2 Jommittee to report ou this item at® the next meeting. Mr. Kirk stated to the council that -with, this money placed in the proper fund, the city would have ample means to install the scéptic tank without an additional tax levy. When it came to the opening of bids for the city printing it was found that but two newspapers of the city, the Bemidji Pioneer and the Sentinel cared to test the legality of their publications before the council Cood Clothes; Nothing Else Busy Session. and submitted bids. The official printing for the ensuing year was let to the Bemidji Weekley Pioneer, they to enter into contract with the city for the faithful performance of same. The council’s attention was called to the condition of the city lock-up, which is in a dangerous condition, having already been condemned by the State Board of Corrections and Charaties. - The building committee was requested to investigate and report at the next meeting, what was best to be done at this time, . The city clerk was authorized to advertise for bids for leasing the opera house, bids to be opened March 29. Bids for caring of the city poor were opened and after due consider- ation Mrs.George Knott was awarded the contract for the ensuing year, she to care for them at the rate of 75 cents per day. Bids were also opened for the burial of the city poor and after considering same the council rejected all' bids and instructed the clerk to advertise for new bids; the new bids to specify in detail what was ex- pected of the bidder. The report of the municipal court, showing fines collected amounting to $86.00, was accepted and ‘ap- proved. The bond of the First National Bank as city depository with good and sufficient surety in the sum of $50,000, ‘was accepted and approved. 2 The application of the Empire Employment company for a return of their bond was referred to the city attorney, he to report on same at the next meeting. A resolution was passed author. izing the city clerk to notify city justices that justice dockets, files, etc. should be returned to the city clerk’s office by or before March 29, it being the opinion of the | council that legal steps should be taken® to have - those dockets returned by that time, Chairman Kirk made report that he and City Attorney Gibbons had investigated the conditions of the records as ‘to Greenwood cemetery association and found that in 1899 the present cemetery was deeded to the city by private parties' and at that time it was designated ‘“Green- wood Cemetery;” they found that there were no ordinances covering any association and therefore de- cided that there is no Greenwood Cemetery association, the cemetery at that time being simply named and designated “Greenwood Ceme- tery.” 3 The $7,000 city bonds which be. came due in October, 1908, were te- ported by the city sinking fund com- mittee as baving been paid. The council accepted the report and authorized the cancellation of the ‘bonds. Applied for Bonds. W. V. Kane of International Falls, the county attorney of Koochiching county, came in this morning to protect the state’s interests in the application of Joe Kenville, who is now in the ‘county jail, for bonds. Kenville is charged with arson in the first degree, for setting fire to a house of ill repute at Ranier. Mr. Kane reports that work is progressimg rapidly on the dam at International Falls. About 400 men are employed and the waters of the Rainy river will soon be sent through the Canadian channel in order toallow work on the American side of the dam. Holy Communion. There will be a celebration of Holy Communion at the home of Mrs. J. P. Riddell, 1213 Lake Boule- vard, at 10 o'clock on Thursday morning. The celebrant will be the Rev. H. F. Parshall of Cass Lake. | . I