Bemidji Daily Pioneer Newspaper, September 30, 1909, Page 1

His forical Society: THE BEMIDJ1 DAILY PIONEE! MINNESOTA "SOCIETY. VOLUME 7. NUMBER 140. BEMIDJI, MINNESOTA, THURSDAY'EVENING, SEPTEMBER 30, 1909. FORTY CENTS PER MONTH. JUDGE WRIGHT ANNULLED INDICTMENTS THIS A. M. Attorney General Stated Ind Despite His Disapproval.—County Attorney Not Involved In Any Way. On the motion of Attorney Gen- eral Simpson, which was concurred in by County Attorney Chester McKusick, just before adjournment this forenoon, Judge Wright nollied the indictments which had been re- turned by a grand jury last June against County Anditor Jonn Wil- mann and Commissioners We s Wright, F. O. Sibley and A. W. Danaher. Attorney General Simpson said that he desired to bring to the attention of the court some matters which had been pending in Beltrami county for some time past, and that he believed that he, as attorney gen- eral of the State of Minnesota, had a right to make a motion on these matters. It was only fair, said the attorney general, to call the attention of the court to the fact that in the month of June, 1909, the grand jury which was sitting at that time returned several indictments. Two of these were against John Wilmann, the present county auditor, and one against Wes Wright. F. O. Sibley and A. W. Danaher: A member of . the office of the at- torney general had been present with the grand jury when these indict- ments were returned, and Mr. Simpson thought it was only fair to sayto the court that, at his sug- gestion, the fact of the indictments being returned was not made public and that he thought that at that time it was not advisable to issue bench warrants. He had taken such action because of the nature of the indictments. The indictments returned against County Auditor John Wilmann was for not reporting certain fees re- ceived by him; that County Auditor Wilmann had, in fact, failed to make such report. Mr. Simpson said that he did not know that the county had any interest in those fees, nor that the pnblic had any interest, and Mr. Wilmann had been charged by the grand jury with an offense— failing to file his statement in detail. The second indictment against Mr. Wilmann was, substantially, failing to follow the lawful direction of the public examiner. This “law- ful” direction was not given by the examiner, but by his deputy, Mr. Kain. Mr. Simpson stated that the other indictments to which he wished to call the attention of the court was that returned by the same grand jury against County Commissioners Wright, Sibley and Danaher, wherein it was alleged that the commissioners had allowed a bill which had not been fully itemized. This bill shows that work had been done by a team, indicat- ing the number of days’ work; but because the bill failed to state the kind of work the grand jury had seen fit to return true bills against the commissioners. “If I was county attorney,” said Mr. Simpson, “I would move to anull these indictments. Now, as attorney general, I do move that these indictments be annulled. *As to the county commissioners being indicted for failing to itemize the bill, I am free to say if these held good, the members of every town board and city or village coun- cil of the state would be subject to indictments.” Mr. Simpson said that as a matter of public economy owing to the condition of the county, these indict- ments should be anulled. Further- more, he believed that it is impos- sible to secure convictions on the charges set forth in the indictments. ¢ the time these indictments were returned, said Mr. Simpson, Beltrami county was in debt and the county was trying to float an issue of bonds to take up this out- standing indebtedness. It would have been impossible to have floated the bonds had the indictments been ictments Had Been Returned, made public at that time, and the additional publicity of this fact been given such wide circulation as was the fact of the indebtedness of the county. “In conclusion,” said Mr. Simp- son, “in my opinion convictions cannot be secured for the crimes alleged and if there were, would not result in any public good, and I am certamn that in some instances it would have been utterly impossible to secure convictions. “In fact, those Indictments were returned over the protest of Assist- ant Attorney General Smith, who was with the grand jury at that time, and also over my protest.” Judge Wright asked for the opinion of County Attorney Mc- Kusick in that matter. Mr. McKusick stated that Attor- been censured severely for giving out this information, despite orders of the court that no information should be given relative thereto, as the parties who were indicted had not been arraigned. Firemen Organize Basketball Team. The members of the Bemidji Fire Department have decided to organize a basketball team to play games during the coming winter. The firemen organized the first right to the name of “‘Big Bemidg.” They will, therefore, adopt that name for the team during the season of 1909- 10. There are many good basketball players who are members of the fire department and no doubt they will organize a very fast team. The boys will hold a meeting some evening next week for the purose of electing the captain and furthering plans for this winter’s play. It is likely that Company K will also organize a basketball team and if they do there will be a warm rivalry for the city basketball cham- pionship. - Attention Co. K Footballists. All candidates fer membership on the Co. K football eleven are urged ney General Simpson had correctly stated the facts in connection with the indictments; that he had had nothing to no with the indictments from beginning to end; that Assist- ant Attorney General Smith was waiting on the grand jury at the time the indictments were returned and that he (McKusick) did not draw the indictments, Mr. McKusick stated that he did not believe that a conviction was possible, and that all of his acts in connection with the indictmeuts had been under the direction of Attorney General Simpson. " Judge Wright stated that he was been presented to the grand jury concerning these indictments. That while the crime may have been committeed, the crime was not more than a technical one and was com- mitted without any hope of gain to the indicted parties, or loss to the county. The couaty auditor’s failure to keep books which were not furnish- ed by the county was a trivial affair. Judge Wright stated that he want- ed to go still stronger than the at- torney general and say that he believed that the matter of itemizing bills was also a technical omissien and shauld not have been treated so seriously. Mr. Simpson stated to the court that there was another indictment which had been returned at the same time that the indictments previously mentioned had been returned to which he wished to call the atten- tion of the court. If the facts, as alleged in that indictment, were true, they might constitute a crime, said Mr. Simpson. Owing to the notoriety given to this indictment by people who claimed to know the nature thereof, he thought that the party against whom this indictment was returned should be given an opportunity to explain and show whether the alleged facts were true or not and clear away the doubts given by the return of the indictment. Mr. Simpson then called for the arraignment of Wes Wright, who appeared and through his attorney pro tem, Henry Funkley, asked that the matter be laid over until to- morrow morning, when Mr. Russell, counsel for Mr. Wright, would be present. The indictment against Mr. Wright alleges that he, as county commissioner, was interested in a road contract entered into between the county of Beltrami and John W. Olson. The indictments which were annulled and the one on which Mr. Wright was arraigned are the same which were given publicly in St Paul through information advanced by M. F. Kain, deputy public exam- iner, who testified before the grand jury, and which were not made pub- lic before today and the contents were supposed to be unknown to not advised as.to the facts which had } to attend practice this evening and every evening this week. . The team will be picked from players who get out and make good, and those who do not attend practice|” will not be allowed to play on the team in any of the games. DEFENSE RESTED IN THE SHINN TRIAL THIS P. M. Defendant Has No Recollection of Hav- ing Endorsed Checks Given Him as Treasurer. Entering a general denial that he received the sum of $350 from the J. Neils Lumber company, while treas- urer of Beltrami county, and after- wards deposited the sum to his own 0. J. SHINN, Ex-County Treasurer. N credit and subsequently withdrew Ted thchell. Capt. PHONE 42 and used the money, constituting the crime of grand larceny in the second degree, the defense of O. J. Shinn was commenced in district court this morning. . Yesterday afternoon, Attorney General Simpson, who is handling the case for the state, produced wit- ness to prove his contention that Mr. Shinn had received the sum of $355.42 from the J. Neils Lumber company; had deposited that amount in the First National bank to his own personal account, and the signature on the checks given by the company to Shinn was ident- ified as Mr. Shinn’s other miner points in the case being also brought out by the evidence. The state rested yesterday after- noon, with the specific understand- ing that the state could, during the defense, introduce certain evidence named. This morning, Dr. W. R. Morri~ son was called as the first witness for the defense. The doctor testi- fied that he had been Mr. Shinn’s physicin during certain months of the summer of 1903 when the Neils transaction took place; that Mr. Shinn had been very ill; was bothered with headaches, and was not, in fact, “himself.” In his own behalf, Mr. Shinn entered a general denial of the charge of grand larceny, claiming that he was very sick at the time the Neils transaction took place in his office, and claimed that he had not written his name on the backs of the checks given by the Neils people, on which signature the [Continued on Last Page.] THE CARNEGIE LIBRARY BUILDING PROGRESSING Basement of Bemidji’s New Public Building Is Completed and Walls Are Going Splendid Up Rapidly.—Will Be Structure. The new Carnegie $12,500 library for the construction of which Andrew Carnegie donated to the city of Bemidiji the entire amount of the cost thereof, is beginning to assume the proportions of a sub- stantial structure, and ere another fortnight rolls around the building will present a “solid front” of Bed- ford stone, reinforced at the back with brick. The site of the new library build- ing is at the foot of Fifth street, in the central portion of the Bemidji city park, and is on the banks of Lake Bemidji, being so close to the lake as to command a fine view of the prettiest part of that body of water. Thomas Johnson, who has the contract for the erection of the building, has finished the basement and the walls to the first floor and is pushing the work to finish the superstructure and have the same enclosed before cold weather sets in. There has been some delay in waiting for the arrival of some of the Bedford stone, but that difficulty has been overcome, and as the {other material is arriving with the desired regularity, there will be no further delay, and Bemidji will soon be the possessor of a very fine solid stone block. Contractor Jonnson states that W, Gillespie of Fargo, of the contract- ing firm of Hixby & Gillespie, who drew the plans for the Bemidji library building, will arrive in Be- midji Monday, when he will inspect the work already done on the build- ing, and if he finds the work com- pleted according to contract, will recommend the payment of the first installment on the contract price for the erection of the building by Mr. Johnson. With its stone fronts, solid brick back walls, and handsome trimmings, and located in the center of Be- midji’s beautiful park, the Bemidji Carnegie library will not be sur- passed, in beauty of structure and splendid environments by any simi- lar structure in northern Minnesota. Local news on last page. PHONE 42, FRIDAY AND SATURDAY SALE AT city. Silks Coats and Suits Dress Goods THE BAZAAR STORE A Printzess Garment for fall and winter insures to the wearer style, comfort and satisfaction at a reasonable figure. play in staple colors, coal dust gray, faded amethyst, raisin, catawba, elephant gray and other popular shades. We Guarantee Satisfaction in This Line We have a liberal dis- We carry the largest and most desirable stock of Dress Goods in the We have the newest things in Novelty Suitings, Clay Worsteds, Serges, Satin Cloths, etc., etc., in the leading colors. Dress Goods Remnants On account of the extensive busi= Underwear anyone. The public examiner’s office has Exclusive Waist Patterns ‘in plain and fancy patterns. The new shades and de- signs also in Piece Goods. A swell line of Black Taffeta. ness we do in Dress Goods we have on hand a large amount of Remnants which will be on sale Friday and Sat=- urday at about Half Price Shoes An opportunity to pur= chase Ladies’ and Children’s Underwear at reduced prices. One lot Ladies’ Un=- devrwear at We have just received new Shoes suitable for this time of the year, and can shoe from the smallest to the largest foot. To be correctly shod means health and comfort to the wearer. ~Gome In and See Us Friday and Saturday THE BAZAAR STORE bHONE 42 - PHONE 42. “A WYOMING GIRL,” AT THE CITY OPERA HOUSE Western Drama, Which Comes Here Well Recommended, Will Appear Here Monday Night. “A Wyoming Girl,”- one of the best -of the western plays, will be at the City Opera House next Monday evening. The Rushville Banner says of the play: “ ‘A Wyoming Girl’ was presented last night at the Rushville Opera House, and the show proved to be the best western drama ever played here. “Miss Daisy Hazelton, who is starring in the part of ‘Scissors,’ gave a beautiful and picturesque creation of a true western girl. The lights and shades of the untutored girl were handled with great care, and her devotion to herweak-minded father received much merited ap- plause. “Miss Lillian Douglas, who plays the part ‘Helen Denver, The School-Marm,” gave a strong dramatic portrayal of the part. Her scenes with the Mexican, her divorced husband, were particu- larly strong and worked the audi- ence to a high pitch of excitement, “Mr. William LeRoy, who plays the part of George Washington Augustus Nibbs, is certainly the best black face comedian that has appeared here for many years. “The company carries al! new and appropriate scenery. “The specialties between acts are the best-line of vaudeville. “Mr. C. Fred Daum; the general manager, will always find a hearty welcome should he play a return date here.” b The prices for this attraction have been placed at 25c, 35¢c and 50c. Reserved seats at the City Drug Store. Masterson, on International Falls. William Masterson and wife have returned recently from a visit to In- ternational Falls and coming into the Pioneer o ffice, yesterday, Mr. Masterson demanded that he be quoted as follows regarding Inter- national Falls: “That - town, of International Falls is very much over-estimated. True, there are 500 men working there, but they are ‘all Italians and of little value to the village. In Fort Francis there is but little doing. It is simply a mud hole up there. I own some property there but could not sell it and I did not feel that I was able to give it away. I’m not stuck on that town.” u|STORICAL ¥