Bemidji Daily Pioneer Newspaper, October 16, 1909, Page 1

g\s“’“ THE BEMIDJI. VOLUME 7. NUMBER 154. ILY PIONEER!™" SOCIETY. BEMIDJI. MINNESOTA, SATURDAY EVENING, OCTOBER 16, 1909. FORTY CENTS PER MONTH. PITTSBURG CHAMPIONS Detroit, Oct. 16—(Special to Pioneer.)—Pittsburg won today’s deciding game of the championship baseball team of the world. The following was the score: series, and is now the championship THE SCORE. Pittsburg........................ Detroit The positions and batting order was as follows Detroit—D. Jones If, Bush ss, Cotb rf, Crawford cf, Delehanty 2b, Morarity 3b, T. Jones 1b, Schmidt ¢, Donovan and Mullin, p, Pittsburg—Byrne 3b, Leach cf, Clarke If, Wagner ss, Miller 2b, Abstein 1b, Wilson rf, Gibson, ¢, Adams, p. Detroit, Oct. 16.—(Special to Umpires—O’Laughlin zn{d Johnstone. Pioneer.(—The biggest crowd that ever witnessed a baseball game in this city was on hand at Bennet Park this afternoon to see the game which would decide the series for the championship of the world. It was thought before thfl game that Jennings would put in to pitch Mullin, his cold-weather slab artist, who had already won two games from Pittsburg, while it was generally believed that Clarke would pitch Adams, the youngster who won two of the games of the series for Pittsburg. It was announced that Jones, Morarity and Schmidt, the three Detroit cripples, would be in the line-up. DENIED A MOTION TO SET ASIDE THE INDICTMENTS Judge Wright Files Writen Decision Answering the Con- tentions Made by Attorney For M. G. Slocum.— Decision was Filed This Morning, Judge Wright, in accordance with the statement which he made in open court, has made in writing a decision in the matter of the motion made by John F. Gibbons, attorney for M. G. Slocum, for an order to set aside the indictments returned by the late grand jury against M. G. Slocum, one being for impersonating an officer, one for larceny and a third for unlaw- fully presenting a claim to a pub- lic officer. The decision 1n full, as written by Judge Wright, is as follows: «:State ot Minnesota, County of Beltrami. “In District Court, Fifteenth Judicial District. «State of Minnesota, Plaintiff, vs. M. G. Slocum, Defendant— Indictment for larceny. “The above entitled matter came up before the court at the September, 1909, June term there- of, on motion of the defendant to set aside the indictment, and was heard by the court at the court house in the city of Bemidji, in said county, on the 13th day of October, at 1:30 o’clock of said day, John F. Gibbons, Esq., ap-’ E. N. FRENCH CITY DRUG STORE E. N. FRENCH & CO. Drugs, Toilet Articles and Preparations, Patent Medicines, Cigars, Perfumes, Etc. | PRESCRIPTIONS A SPECIALTY 116 Third St. Phone 52 FARM LOANS The First National Bank of Be- midji is prepared to make farm loans for reasonable amounts to actual settlers who are improving their places. trami county can We believe that Bel- be made a pro- ductive dairy country. If you need funds to improve or stock your farm call on First National Bank Bemidji, Minn. pearing for and in behalf of said defendant in support of said motion, and Chester A. McKusick, Esq., appearing for the state. “Having read and considered the affidavits presented by the de- fendant in support of said motion, and having heard and considered the arguments of counsel and being fully advised in the premises «It is hereby ordered, that said motion be and the same is hereby denied. ¢«‘Dated this 15th day of October, 1909. «_B. F, Wright, ¢«District Judge. “Memorandum.” “The above matter has been care- fully considered .and, while the affi- davits relative to the business of the grand jury becoming prematurely known to the public show a deplor- able condition of affairs—a condition that should be remedied, if possible, by prosecution of the party or parties at fault—it appears to me that no substantial right of the defendant has been prejudiced thereby. The affidavit of Fred W. Rhoda presents a more serious question. In the absence of statute, the presénce of a stranger in the grand jury room while the testimony of the witnesses is being received does not invalidate the indictment, unless it be shown that the accused was prejudiced in his substantial rights. No such showing is here made. In this state we have a statute regulating the matter. Sub-division 3 of Sec. 5338, Revised Laws of 1905, specifying the grounds for setting aside indict- ments, read as follows: “ ‘Whenever a person shall have been permitted to be present ata session of the grand jury while the charge embraced in the indictment was under consideration, except as provided by Sec. 5285." “Section 5285 is specific and appéars to me to limit the time when such presence will be fatal to the indictment to the time during which the grand jury were express- ing their opinions and giving their votes upon the matter before them. In addition, itappears to me that the affidavit of Mr. Rhoda is very indefinite and does pot show that the grand jury were considering any matter at the time when both Mr. Rhoda and Mr. Loud were present and certainly does not show that they were considering the ‘charge embraced it this indictment.’ “The affidavit shows that Mr. Rhoda was called as a witness and testified in regard to three indict- ments returned against the accused; it further shows that on two occa- sions when he was called into the room and presented himself as a witness Mr. Loud was present and the question arises as to what matter the grand jury had under considerarion at those two times. Did they have this charge of larceny under consideration, or did they have the charge embraced in one of the other incictments under consideration? “Itis possible that they had all three charges under consideration at both times, but it is highly prob- able that they considered each separately, and, if su,\one of the indictments might not and probably would not be subject to the ob- jection here made. Which one of the indectments is so free from objection? The uncertainty is quite evident. *The acccused is clearly charged with a crime and unless the exist- ence of one of the statutory grounds for setting aside this indictment clearly appears, or it appears that he has been prejudiced as to some substantial right, in my judgment, the indictment should stand. “—B. F. Wright.” Forty-first Anniversery Monday. Monday is the 4Ist anniversery of the founding of the Ancient Order of United Workmen and the local lodge will meet that evening in the L O.O. F. hall. A good crowd is expected. Refreshments will be served and 2 good time promised. Miss Florence Whittimore came to the city last evening from Walker, where her parents are living this fall, and will visit over Sunday at the and Mrs. G. A. Walker. L P.M. R the proposed Soo line from near Bena to Cass Lake and Bemidji, has during the past ten days, been work- ing between Cass Lake and Bemidji. The line has been ‘run within ten miles of this city, almost paralleling the Great Northern and extending north of the Great Northern. The survey will be <«tied-up” temporarily until the deals for the Grand Rapids and Bemidji High School Elevens in Battle Here, FINAL SCORE The Bemidji and Grand Rapids High School football elevens will played their second game of the sea- son in the city Saturday afternoon, at 4 o’clock; and it was expected that the game would be one of the hardest-fought school gridiron con- tests ever played in this section of the state. The Bemidji High school boys line up as follows: Brenneman, center; Russell and Hilliard, guards; McDonald and Larson, tackles; Neumann and D. Gould, ends; Kreatz, quarterback (captain) ; Stanton ‘and Gill, half- backs; Lycan, fullback. Grand Rapids opposed Bemidji in the following positions: Tyndell ¢, E. Erskine and Graffam g Reusswig and O’Brien t, Logan and Murphy e, Powers qr, Brannon and T. Erskine hb, Blood (captain) fb, The grand Rapids boys arrived in the city this morning and have been “‘on edge,” all day waiting the battle, ready and anxious to “mix things” with the locals. The first game of the season, which was played »t Grand Rargids an October 2, resulted in a victory for Grand Rapids by a score of 17 to 11. The Grand Rapids and Bemidji High School football elevens have always played hard games. Last year the first game of the season ended in favor of Grand Rapids, by ascore of 21 to 0. Later in the home of her aunt and uncle, Mr. | season Bemidji got back at the Grand Rapids champions and de- feated them, 12 to6. S00 GOLLEGTIONS ARE T0 BE PAID IN AT ONGE Imperative that Right-of-Way Be Fur- nished to Soo Officials In a Very Few Days. The progress of the work on the building of the extension of the Soo railway from Plummer to Moose Lake, with the intention of passing through Bemidiji, has been somewhat in abeyance of late, owing to the fact that all of the right-of-way which the City of Bemidj is required to furnish has not been paid for—in fact, those who have subscribed to the fund for purchasing the right-of- way have not paid the amounts set opposite their names. It is absolutely necessary that subscribers at once come forth' with the “cash” for their subscriptions in order that the deals for the right-of- way, on which the local Soo commit- tee have options, may be closed at once; and with the securing of a comparatively small additional amount to that already secured, the Soo is assured the City of Bemidji. All the persons who have sub- scribed to this fund and who have not paid, should hunt up the com- mittee at once and liquidate. The officials of the Soo are de- manding that the right-of-way be{ ‘furnished them at once. They have not said as much, but it is inferred that if the money for the right-of - way is not forthcoming immediately and the desired property through this city secured, they will finally “passus up.” However, this is a remote possi- bility, but of course, if the right-of- way is not furnished, the Soo posi- tively will not build into Bemidji. M. D. Stoner of this city, who has charge of the crew who will survey right-of-way in Bemidji are per- manently closed, and the active work of bringing in supplies to Bemidji and commencing work on the Soo line will be a matter of less than two weeks, Ii is now up to every person who has subscribed to the Soo fund and if not liquidated you may go to either of the banks in this city and pay the money. The Soo is assured for this city when this requirement is complied with. The following is a list of those who have paid their subscriptions up to this noon: First National Bank............. $ 500 Lumbermens National Bank... 500 Northern Grocery Co. Warfield Electric Co F. S. Lycan.... Roland Gilmore. G. E. Carson. E. A. Barker. John Moberg. J. H. French Gill Bros... H. Stechman. 200 Ben Schneider. 150 M. Phibbs.. 150 Bermon Emporium, 150 Ole Anderson.... William Ross.. Charles Knopke. E. H. Winter & Co. Earl Geil......... Mrs. Julius Miller. 100 W. L. Brook: 100 Doran Bros.. 100 Roe & Markuson 100 M. E. Smith. 100 J. P. Omich. 100 Bemidji Ice Co. 100 The Bazaar Store 100 Elks Lodge.... 100 A. G. Wedge, Jr., 100 Bemidji Handle Co. 50 J. O. Harris. 50 J. F. Gibbons.. 50 James VanPelt 50 E. E. Gearld: 50 Frauk Silversack 50 E. N. French & Co. J. J. Trask.......... 50 Aubolee & Kroken 50 A. E. Smith.... 50 Edwin Gearlds 50 T. J. Andrews. 50 R. H. Schumake 50 Cormanton & Hanson. 50 0. C. Rood & Co.. 50 Chester McKusick. 30 J. J. Conger. 25 J. C. Parke; 25 A. P. Ritchie.. 25 Given Hardware Co. 25 E. O. Moore & Co. J. Peterson, ]Jr. J. E. Cahill..... 25 J. A. Sandin... 25 L. G. Crothers. 25 Fraok Lane. 25 J. T. Toumy. 25 D. L. Stanton. 25 Lachapelle & Kramer. 25 Hardy M. Clark. F. M. Malzahn J. K. Given.... John Morrison A. B. Hazen. A. N. Gould E. H. Jerrard Mrs. A. P. Henrionnet Flint & Crone. Hoganson Bros.. Sam Kee.. 10 S. A. Paquai 5 Ensign R. A 5; Attention, Co. K Football Eleven, The members of the Co. K foot- ball eleven are hereby notified that there will be practice Sunday fore- noon, at g o’clock, and every even- ing thereafter until the game is played at Grand Forks, on Sun- day, the 24th. —John Hillaby, Mgr. C. E. Mann, M. Moore, -J, M. Warner and Fred Hiller of Park Papids came to the city last evening and spent the night here, returning to their homes this morning. ‘Omaha, Oct. 16.—(Special to Minnesota..... Nebraska...... able to score on the other. NEBRASKA DEFEATED Pioneer.)—The football game this afternoon, between Nebraska and Minnesota resulted as follows: FINAL SCORE. The annual game between Nebraska and Minnesota today was re- garded as a strong try-out for Minnesota. givena Minnesota hard struggle, and the contest today was expected to a fierce one, with Minnesota winning. The Cornhuskers have always Last year, ‘the two elevens played a tie game, O to 0, neither being Sometime during last night yeggemen forced an- entrance - to the M. R, L. & M. (“Red Lake”) Railway company’s depot 1n this, city, and after prying open and rifling a small money-drawer, blew the safe and took a draft for $67.31 and other checks and money to the value of about g70, making good. their escape ,and. leaving behind no possible clue by which the police could get a trace of the identity or whereabouts of the perpetrators of the bold crime. The robbery was discovered this morning by C. S. Vincent, local agent of the “Red Lake” road, who, when he went to the office this morning found that the door to the ladies’ waiting room had been unlocked from .the outside, the‘door to the office 'where the safe is kept, forced open, and strewn on - the floor of the office were papers, tickets, etc., together with cement and plaster from the] interior of the safe, and a draft on the G. N. Railway for $67.31, several small checks and some loose coin had been taken from a receptacle in the safe. An examination of the safe showed that the robbers had knocked off the YEGGEMEN BLEW SAFE AT THE M.R. L. &M. RY’'SDEPOT Rifled the Safe of Checks and Cash and Got Away Undis- covered.—No One Heard Any Noise During the Night. —_—— dial and with rare skill had used just enough nitro-glycerine to blow open the safe without damaging any- thing but the door, loosening the rivets, plaster, cement, etc, of the safe and leaving the interior open to covetous hands. Pieces of the rivets were blown straight across the room and lodged in the building near the window; buta small stove standing within three feet of the safe was not injured in the slightest, and a clock which was running, but two feet above the safe, was not disturbed and did not stop ticking off the seconds. An ax and 2 meat hook had been taken from the baggage room, and to- gether with a cold chisel and large hammer, were lying on the floor. A search of the tool house, across the bridge from the depot, indicated that the yeggemen had broken into that place and stolen the hammer and chisel. Inquiry of residents who were sleeping in nearby houses elicited the response that none of them had heard any unusual noise during the night; and it is utterly impossible to ascertain even what time during the night thé nervy robbery was pulled off. fashions: of Women’s, Misses’ and Garments. " T. J. CRANE & CO. All Eyes on the Fashion Cen- tre of Northern Minnesota The onward movement now in progress among Bemidji's progress- ive business men—to set her in her well earned place, among the great- est of Minnesota cities—finds a corresponding preparation now be- ing made by her greatest Store of fashion, in order to anticipate the requirements of its rapidly increasing clientele. This store holds the highest place in the esteem of Bemidji women— first, in its authoritative represen- tation of correct and exclusive ticular establishment that appeals to women. Soon, very soon, we hope to an- nounce a a great double event— Bemidji’s Premier Fashion Display for fall and a Hearty HouseWarming announcing the readiness of Bemidji’s Greater Home Then again as the par- Children’s Ready-to-wear P