Bemidji Daily Pioneer Newspaper, October 14, 1909, Page 4

DISTRIGT COURT MOTION BORDERS ON SENSATIONAL [Continued from First Page.] grand jury procured the attendance of said Loud for the purpose of seek- ing said Loud’s advice upon legal matters, and of having said Loud draw indictments against this de- fendant, and allowed said Loud to remain in said grand jury room while said jury was examining witnesses, and that said Loud, with full knowledee of the denial of said request by this court,- entered said jury room and voluntarily assisted said grand jury in drawing said indictments. “Affiant says that the charging part of said indictment is the work of said Loud, who was at one time county attorney of said Beltrami county; that in order to deceive said court, and to convey to said court the impression that said indictment was the work of members of the grand jury and not.the work of a person skilled in such matters, said Loud omitted to place the names of the witnesses upon said indictment, and neglected to have said indictment signed and endorsed by the foreman of said grand jury; and that said indictment was re- turned into said court with the aforesaid omissions, for the purpose of deceiving said court as aforesaid. “That said indictment was there- upon handed back to the foreman of said grand jury with instructions from said court to add the names of the witnesses and otherwise per- fect the same. “Affiant further says that as he is informed, and verily believes, said Loud and certain members of this grand jury conspired together prior to the finding of said indictment, and that said indictment is the result of a malicious conspiracy between said Loud and certain un- scrupulous members of said grand jury, and is not based upon com- petent evidence introduced -before said grand jury as provided by law. “Affiant further says that said Loud has for more than one year last past, harbored in his breast a most violent hatred for this defend- ant which said hatred was caused from the following facts, viz: That in the month of June, 1908, this affiant as justice of the peace, tried a case entitled ‘City of Be- midji vs. Roy Petrie,” in which saia case the said Loud represented the defendant, who was charged with keeping a house of prostitution in said city, and in which said cause this defendant, as justice of the peace as aforesaid, found said defendant, Roy Petrie, guilty of the crime charged, and assessed the fine of $100 and costs against said Roy Petrie. further “That said Loud was very much incensed at the decision rendered by this affiant as aforesaid, and in the course of a discussion relative to taking an appeal in said cause, said Loud attempted to abuse and intimidate this affiant, whereupon this affiant in defense of himself, vehemently rebuked said Loud. “That, at that time, the fact was generally known to the re- sidents of Bemidji that said Loud was very intimate with one Mrs. Fthel E. Blake, a keeper of a house. of prostitution in the Village of Nymore in said county, and that this affiant in the course of the re- buke administered to said Loud as aforesaid, referred to said Loud as a ‘pimp,’ which said reference caused said Loud to grow very red with anger; that said Loud, notwithstand- ing the fact that he appeared on the public streets in the company of 4 bitterly denounced putation so made, and attempted to assaultaffiant, and . ever since said time has harbored a deep laid grudge and violent hatred for’affiant. “Affiant further says that he'is informed, and verily believes, the part taken by said Loud in said matter was not confined to the giv- ing of legal advice to said grand jury and to drawing said indict- ments, but that said Loud was present before said grand jury when the matter of finding said indict- ments was being discussed and that said Loud at that time took part in such _discussion, denouncing this affiant to said grand jury, applying vile epithets to affiant and exerting his utmost infiuencé to cause said indictment to be returned. “That ever since said quarrel took place between affiant and the said Loud, said Lmi'd, as affiant is in- formed and verily believes, lost no opportunity when speaking to other persons, or when affiant’s name was mentioned to said Loud by other persons, to call to, of and concern- ing affiant vile names and oppro- brious epithets too numerous and filthy to enumerate and mention; that on several occasions and prior to the empannelling of said grand jury, the said Loud told divers and various persons that " affiant should and ought to be indicted by the next grand jury, all of which the said grand jury well knew. “Affiant further states, on infor- mation and belief, that immediately after the said grand jury returned said indictment against affiant the said Loud proceeded to make known what had happened before said grand jury to divers and various persons in the City of Bemidji, on the corners and public streets of said city, and on all such occasions affiant and gloated over the fact that he and the grand jury had indicted affiant. “Affiant further states upon in- formation and belief, that the said grand jury permitted and allowed the said Loud to remain in the grand jury, room and permitted and allowed the said Loud to listen to the testimony of such witness, and to remain in said grand jury room after such witness had departed theretrom and deliberated on such testimony together with the said grand jury. “That said indictment is not the result of “an honest endeavor or the part of the grand jury to bring a criminal to justice, but on the con- trary is the result of a malicious conspiracy on the part of certain un- scrupulous members of the grand Jury and said Loud to injure affiant’s reputation. “Further affiant saith not except any questions but remained in the jury room after affiant had left it. An affidavit made by Andy Mc- Nabb was read, in which Mr, Mc- Nabb stated that he had been in- formed by divers and various per- sons of what the grand jury was doing and of ‘the indictments re- turned against Mr. Slocum: that the proceedings of the grand jury concerning the intentions of the grand jury to indict the said M. G. Slocum, and after he was indicted and before his arrrign- ment, was.a matter of common knowledge throughout the city of Bemidji. Edison Bereman also made affi- davit that prior to the retfiming of the indictments and after they were returned and prior to the arraignment of Mr. Slocum he had heard from divers and vari- ous persons that Mr. Slocum had been indicted upon three charges; and that there had been informa- tion on the street prior to the indictments that Mr. Slocum would be indicted. The affidavit of Frank A.Jack- son was also read in which Mr. Jackson stated that he saw H. J. Loud enter the grand jury room on October 2nd; that prior to October 20d he had heard various persons state that M. G. Slocum was about to be indicted by the grand jury; and prior to the arraignment of Mr. Slocum he had been informed that Mr. Slocum was indicted on three charges. Mr. Gibbons said that he would call special attention to the clipping taken from the Sentinel as showing a conspiracy to indict Mr. Slocum. The matter of the indictment and as to what the grand jury was doing wasa matter of common gossip on the streets. H. J. Loud had told Mr. Jackson; and Andy McNabb and Edison Bereman swore to the fact, that the actions of the grand jury was com- mon knowledge on the street. Mr. Gibbons referred to the affida- vit of Mr. Rhoda as showing con- clusively that H. J. Loud appeared before the grand jury and was cogni- zant of the transactions of that body. Mr. Gibbons referred in caustic terms fo the utter disregard of the charge given by the court to the grand jury to keep secret all its transactions; that a stranger, and an archenemy of the defendant had been allowed to be present in the jury room when it was deliberating on charges preferred against the defendant. The whole affair was a malicious conspiracy and poli- tical intrigue. The grand jury, said Mr. Gib- that he makes this affidavit for the purpose of obtaining an order from the court setting aside said indict- ment.” . In support of the affidavit of Mr. Slocum, Mr. Gibbons introduced an affidavit of A. A. Andrews, in which the latter stated that H. J. Loud had informed him that several indict- ments had been brought against Mr. Slocum, and that the said Loud had told him of the evidence that had been presented before the grand jury in finding the indictments; and that said Loud had said “that the last he knew said grand jury were not going to make a report against McKusick.” An affidavit was presented from F. W. Rhoda, clerk of court, who stated that he was called asa wit- ness before the grand jury and testi- fied in regard to the three indict- ments returned against Mr. Slocum; that on two occasions when he was called into the grand jury room H. J. Loud was present with the grand said prostitute, resented the 1m- jury; that Loud did not ask affiant Telling the The simple truth, in black and Does that sink in? Truth Pays white, is that when you buy lumber or building material from us, you can mro‘: all uncertanity to the four winds. Goods of inferior quality may cost little, but they may not be WORTH anything. No matter how little you pay for an article, it is not really cheap unless it will satisfactorily fulfil the purpose for which it is intended. Our lumber and building material is made good enough for the White House, but is sold to those people who want “the best yon've got.” If you're that kind of a buyer, we can please you. Phone 97 We Also Handle Coal and Wood M. E. Smith Retail Lumber Co., Bemidji icannot do. e e ———— " i" the moving papers here which bons, was not only guilty of con- tempt of court but of gross -mis- conduct in their actions in this matter. The statute particularly specifies that indictments must be kept secret until the persons indicted have. been arraigned; therefore the actions of the grand jury was gross misconduct. Mr. Gibbons referred especially to paragraphs “E” and “‘F” in his original motion, County Attorney’s Remarks. When Mr. Gibbons had finished, County Attorney McKusich ad- dressed the court as follows: “May it please the Court:—It may occur to the court that I am in rather an unusual position in regard to this matter. Such is the case: it is a very unusual position for a prosecuting attorney to be placed in. I am called upon here to defend a motion to set aside an indictment whichI am absolutely powerless to combat in any way. I was not present before the grand jury when the witnesses were being examined in this matter: I had nothing whatever to do with the finding of the indictment: and could not,if I were so disposed, secure counter affidavits on this motion. - But if my position is unusual, I will state to the courtthat it is not at all em- barrassing, for I never saw my duty any clearer or plainer than it is at the present time. *“As I understand my duty as pro- secuting attorney it is to prosecute criminals and, at the same time, to protect every man accused of crime in the enjoyment of his legal rights, whatever they are—constitutional rights.” And if I were to oppose this motion and usge the court to overrule it I think I would be making myselt a party to this very conspir- acy that is set up in the moving papers. If I were willing to take up this indictment and prosecuté it to a conclusion, I would then be giving my approval to the manner in whbich it was found, and that 1 There are facts appear- cannot be controverted, sufficient to. show to. this court that this de- fendant was not protected in any of bis legal rights before the grand jury. “One statutory ground for setting aside an indictment is that no per- son other than the county attorney and the witnesses, shall be present before a grand jury during the inves- tigation of a charge. The law throws every safeguard around the finding of an indictment that it does around the. subsequent steps in the-prosecution of the person charged with crime, In the first place, the law provides that the sessions of a &rand jury shall be absolutely secret; and that body of men is selected from the citizens of the county, who meet and are isolated from all other surroundings that they may consider the evidence adduced on the part of the state to determine whether a man shall be placed on trial for a crime or not. “Now Fred Rhoda, the clerk of this court, 1s not a perjurer, and I do not believe that an affidavit from every one of that grand jury would be sufficient to overthrow the affi- davit of Fred Rhoda before this court. He states that he wasa witness before the grand jury in this proceeding. He states that when he entered the grand jury room as a witness Mr. Loud was present, and was present when he left, not only on one occasicn but on two occasions of his being there. Now that in itself is one statutory/ ground for setting aside this indictment, without going any further. ’ “In the second place, if it please the court, the court is in possession of certain other facts which appear in the affidavits. The court is cognizant of the fact that I was ex- cluded from thegrand jury room — —" By the Court: “I beg your pardon; I was only aware of the fact that you were not present.” Mr. McKusick: “Your honor 1s aware of the fact that I held my- self in readiness and was willing to attend the sessions of the grand jurg.” The Court: “But as to whether they refused you admittance or that they failed to call you I had no definite knowledge.” Mr. McKusick: “Then, if it please the court, I state now that I was so excluded and, in my opinion, your honor, that is another very valuable right which this defendant has been deprived of. - **Op more than one occasion before the grand jury have I stopped witnesses who were giving incompet- ent testimony, and advised the grand jury that they could receive nothing but competent testimany. I think it is a'right of the defendant to be pro- tected in that manner. “Then, to lend color to the statement of a conspiracy made in the moving affidavits, it has been shown beyond any question or doubt that the worst enemy that this defendant had on earth was permitted to be present and take part in the proceedings of the grand jury in this matter, ) “Now, if it please the court, all I have to say in conclusion is that I deem it my duty as county attorney of this county to unite with the defendant here in asking this court to set aside these indict- ments upon the ground that the moving affidavits show that every constitutional right which this defendant had has been invaded by the grand jury; that it all amounts to ‘jobbery’ and not to the finding of an indictment n accordance with law. | “And I further state that in the event this motion is denied, I shall move the court to nolle prosse every indictment here, and that I will not prosecute either one of those cases unless I am ordered by the court to do so; that if prosecution ensues upon these indictments, the court, and not myself, wilL take the entire responsibility of those prose- cutions; and-if I try one of the cases, it will be because I am ordered by the court to do so.” At the conclusion of the state- ment made by County Attorney McKusick, Judge Wright stated that he would carefully consider the motion made by Mr. Gibbous to set aside the indictment returned against Mr. Slocum and would render a written statement as to his findings as soon as the matter could be arrived at in the regular routine business of the court. Baby Matthewson -Buried. All that was mortal of ¢Baby Matthewson,” ‘the little son of Mrs. Matthewson, was laid to rest in Greenwood cemete:y yesterday, and the sorrowing tears of the devoted mother were dried by friends who attended the funeral services and comforted - the be- reaved woman. The little boy (who had began to ““take notice” of things) has been ill for ten weeks past, and the illness had made ravages on the child until the little form was so wasted that death almost seemed a blessing. Despite all that the tender care of a. mother’s love could furnish- or devise, the baby passed away; and only time, that great healer of wounds and comforter, can fill the place made vacant by the angel of death, . The funeral services were held at the home of Mrs, Matthewson yesterday afternoon, Rev. McKee officiating and speaking comfort- g words, interment following the services. : Notice to Contractors. The building committee of the M. E. church will receive bids for the erection of a new church building. Contractors desiring to figure on the building will fiad plans and speci- fications on file at the office of Dr. E. A. Shannon, over the P. O. All bids must be sealed and de- livered to Sec’y. of the Building Comnmittee prior to 8 o’clock p. m., October 18th, 1909. The committee reserves the right to reject any and all bids. Dated at Bemidji, Minn., this 9th day of October, 1909. S. J. Harvey, Sec’y., Bemidji, Minn. Wood Wanted. Bemidji, Minn., Oct. 12th, 1909. The city clerk of the city of Be- midji will receive bids for furnish- ing the city 25 cords of good sound seasoned jack pine, to be four feet, sawed ends, and to be delivered at City Hall. Bids to be opened before city council the 18th inst at 8'oclock p. m. Con- tract will be awarded to the lowest and best bidder, but the councl reserves the right to reject any or all bids. —Thomas Maloy, City Clerk. COOK TO SEND FOR ESKIMOS Hopes to Prove His Case by Companions in Travel. NLY ANSWER TO PEARY 8Bays the Men Will Be Able to Dis- prove the Distorted Declarations Put Into Their Mouths in the Com- mander’s Statement—Declares He Does Not Intend to Enter Into a Newspaper Controversy. Ruifalo, N. Y., Oct. 14—Dr. Fred- erick A. Cook, referring to the state- ment issued by Commander Peary in support of his churge that Dr. Cook did not reach the North Pole, says: “I can only say that the actual liv- ing human witnesses of my jovrney to the pole will themselves be able to disprove ths distorted declarations put into their mouths in the state- mwent issued by Commander Peary,” said Dr. Cook. “There could not be better . testi- wony than that given by the men themsclves before an unbiased body of inquirers. Commander Peary evi- dently regards thair cvidence as of the most profound importance and so do L It sems to me that he might have brought them along with him if he was so confident that they would corrohorate his story. He, however, chose not to do so. I will therefore send for them as soon as possible and place them at the disposal of any scientific or other body that may de- sire to examine them with the aid of any competent interpreters whom the examining body may appoint.” Asked whether he would make a direct reply to Peary’s statement, Dr. Cook said. “Therc is nothing to add to what has already been said. I do mot in tend to enter a ‘newspaper contro- versy with any ome. 1 shall depend upon the witnesses who have already been brought into the case and prove my case by them.” WILL APPEAL TO PRESIDENT Petition for Clemency for Charles W. Morse. New York, Oct. 1+.—A petition ask- ing President Taft for clemency to- ward Charles W. Morse, the former banker, is being prepared for circula- tion among prominent business 'men and financiers of the East. Morse's attorneys are 'striving to have the United States supreme court grant him a new trial; but in case of de- feat an executive pardon will be his only means of escape from the sen tence of fifteen years’ imprisenment recently affirmed by the federal cir- cuit court of appeals. The petition is now in the hands of Charles S. Carver of Boston, who is one of Morse’s counsel and is asso- ciated with many of Morse's business ventures. GENUINE equaled again. We Buy Direct from th in large quantities, and in cent. In many cases low price: fine white and snappy. Rather than In our workshop stone. IN SOLID GOLD MOUNTINCS . We are offering Diamonds at prices that will never be means a saving to our customers of 20 and 25 per We have many advantages, both in buying and selling, that but few of our competitors possess. enabling us to sell at a very small margin of profit Weight Is Correct correct as we buy loose stones and mount to order. H every fraction of a carat counts in value. We have just received a large assortment of | Unmounted Diamondsl sale'channels we have decided to give our customers the benefit of this great saving purchase. |We Manufacturel mounting to order in any design, and for any size of For the best choice we advise Early Purchase. GEO. T. BAKER & CO. MANUFACTURING JEWELERS DIAMONDS & e Cutters and Importers original packages, which We guarantee all weights positively s means short weight, as very bright sell these through whole- l 116 Third St. BEMIDJI, MINN. Near the Lake CREATES GREAT STIR w A N TS I OFFICIAL CIRGLES| Crane Episede Has. First Place in Gapital Gossip. Washington, Oct. 14—“What will President Taft do with the resigna- tion of Charles R. Crane as minister of the United States to China?” In one form or another this question is on the lips of all official Washington. It is long since a diplomatic episode has excited the naticnal capital more than this one. Mr. Crane’s stinging reply to the statement in which Secretary. of State Kunox announced that he had informed the minister designate that his resig- nation would be acepted, including, as the reply did, Mr. Crane’s exceedi 1y lucid telegram of 'virtual resigna tiou to the president, was read and reread with the keencst zest. Little doubt was expressed that the resignaticn of Mr. Crane would be ac- cepted by the president. It was as- serted without qualification by those in the confidence of the secretary oi state that Mr. Knot was perfectly as- surec of the approval of the pres’- dent; that he was the kind c man to take so drastic a step with out knowing in advance that he would be supported in it. The simple statement that the “Crane incident” is closed was the only respons made at the White House and the state department t- the inquiry as to whether Presiden Taft had accepted the resignation ot Charles R. Cran2 as minister desig- nate to China. GLIDES UPQOM THZ SURFACF South Dakotan Invents Eoat for Shai- low Streams. Pierre, 8. D, Qct. 14—S. M. How ard of Ge vrg las been for somc time workirg ou the mode! of a boui by which he he; he can revolu tionize trafic on Western rivers. Tir calls’ his invention the * ide upon thr E Wi ad of cut ting its way thrc with a shar; prew. The boat will recuire but litt' water to flnat it and can be run on shallow streams. 1lis timate i ONE CENT A WORD HELP WANTED. WANTED — Girl for general housework. Family of two, 811 ‘Bemidji Ave. WANTED—Girl for general house- work. E. O. Moore, corner Eighth and Beltrami. WANTED—Lady dishwasher. In- quire at Field’s restaurant, 214 Minnesota. WANTED—A cook. Nicollet Hotel. Inquire at FOR SALE. FOR SALE — Best location for saloon and restaurant, on Main street, Blackduck, Mion. For information inquire of John Bilodeau, Lock Box 66, Grand Rapids, Minn. FOR SALE—Rubber stamps. The Pioneer will procure any kind of a rubber stamp for you an short notice. FOR SALE—Large seven-room house on lake shore. See T. Beaudette, 314 Minnesota Ave. FOR SALE—A No. 7 Oliver and a No. 7 Smith-Premier typewriter. Inquire at Pioneer office. FOR SALE—Good work or driving horse. Weight 1300. Inquire 911 Minn. avenue. FOR SALE—A business netting a good income. Inquire at Pioneer office. —_— _ FOR RENT. B VPSSV FOR RENT--Four rooms for light housekeeping. Inquire at the Model Clothing Store. FOR RENT—Seven-room house; large woodshed and barn. Pump at the door. 1317 Irving avenue. FOR ' RENT — Nicely furnished rooms. Inquire 915 Lake Boule- vard. that he can ma'e ¥ teiles or mor with tho Toat. Mr. Howar the f£ror fest of his ne Boat on the Misseuri river at Forest City. Negroes Must Leave Town. San Arntouio, Tex., Oct. 14.—Severn hundred wo cn at a mass meet ing decided that nesroes in San An gelo “must 30.” Oznly those wko own araperty will be allowed to remain, ¥ is asseried. Many nesreoes are ready wmaking ar ments to leave BODIES FCUND IN RUINS Three Persons Perisned in Hotel Fire at Fresno, Cal. Fresno, Cal, O 14.--When th¢ 1uins of the New % nd hotel. in the foreign quarter of the city, which wa burned early Tussday, were evnlor: thoroughly, the bodies of Frank Bec: an old soldier of this city; Walter Aehart of 3an Mateo, Cil, ana Wit Ham Kingdon, a stranger. were found. FOR RENT—Rooms, - Inquire 320 Minnesota avenue. ’Phone 203. MISCELLANEQUS A~ A A e e PUBLIC LIBRARY—Open Tues days, Thursdays and Saturdays 2:30to 6 p. m., and Saturday evening 7:30 to 9 p. m. also. Library in basemerft of Court House. Mrs. Donald, librarian Every Stationer Should Investigate ! 3& wa -