Bemidji Daily Pioneer Newspaper, June 29, 1911, Page 1

Following a sensational open court by Martin Behan, the wounded robber, and damaging testi- mony by four other witnesges of the state, Dr. Delbert F. Dumas, mayor of Cass Lake, was late this afternoon bound over by Court Commissioner H. A. Simons to await the action of the grand jury. Bail was fixed at $10,000. It was furnished and Dr. Dnmas again given his liberty. Behan, on the witness stand, gave a graphic account of Dr. Dumas’ al- leged connection with the Puposky affair, which Behan says was to have been robbery and arson. Behan con- firmed the detectives’ assertion that the second robber was “Mike” Davis and that the robbery was planned in ti:e Johu Larson saloon in this city. confession 9*ker Witnesses Give Damaging Evi- dence. Other witnesses were John Larson, Whe told of seeing Dr. Dumas in his selcon; C. E. Battles, who said he s¢10 @ revolver to the Cass Lake may- or, Carl Swedberg, clerk in the Pu- L sky store and William Munhall, Iile as one of the robbers. While LiLan’s testimony was the onme mg blow for the defendant, all the wit- nesses added damaging testimony to the defendant, who sat close to his attorneys, Judge Spooner and A. A. Andrews, and aided them in examin- ing the witnesses, frequently smiling at the testimony, The defense offered no witnesses and Judge Spooner who conducted the examination of witnesses for the defendant said he was satisfied with the hearing, but refuses to indicate what the line of defense will be. State Fire Marshal Keller, his as- sistant S<m Fullerton and Detective Fielding were much pleased with’tiie showing made by Assistant Attorney General Alexander Janes, who ar- rived from St. Paul at 4:20 a. m. to conduct the case for the state. .He was assisted by Thayer Bailey, the Bemidji attorney. The court room was crowded throughout the day, several women being present. Behan’s wife and sister were pres- ent to hear his confession, Slight Delay in OpeHfng. It was nearly 9:30 when- Assistant Attorney General Janes arose and In- formed Court Commissioner Simons that it was the desire of the state to amend the original complaint, making more specific the ecrimes charged. There was no objection on the part of the attorneys for the‘de- fendant and the change was ac- cepted by the court and all parties reed to harmonizing charges in the rant and bonds. all Martin Behan,” r. Janes. After a short delay the wounded bandit came wobbling in, being sup- ported by Sheriff Flazen and Deputy Helmer, He was led to the witness stand, where he was quickly sworn and sank into the witness chair, and tak- ing a comfortable position began his dramatic narratire, being led along the tale of crime by Mr. Janes, who now and then was coached in his questions by Thayer Bailey, special attorney for the state. In answer to questions Behan said he was 32 years old, a bartender by trade and that until two weeks ago he had lived in Grand Forks. “I'll Tell All,” Says Behan, “Two weeks ago last night, June 12, T came to Bemidji. I expected to get a job as a bartender,” said Belan. At this point Judge Spooner re- Quested that the court instruct the witness that he need not answer any incriminating questions and this was done. announced “Well, T want to answer all ques- tions,” responded Behan, who, how- ever, when telling his story took care to put himself in as favorable light as possible, emphasizing the point that he did not break into the Puposky building, that he carried no fircarms and that it was to have heen his business merely to keep a look- out on the outside of the building. “Yes, I knew Mike Davis,” he tes- stified. “I had known him for two vears. I met Davis Wednesday morn- ing June 14 in front of the Harry Gunsalus saloon. “We went to the Johnny Larson saloon between 3 and 4 p. m. that ' day. Knows Dr. Dumas. “I know Dr. Dumas. I met him once last spring. I saw him that af- ternoon in Johnny Larson’s saloon, | * | Smyth I saw him in a rear wine reom of that saloon. “Mike Davis and I went into the saloon together and the bartender or proprietor, I don’t know which, said there was some men in the wine room who wanted to see us. So we went into the wine room and there we found Dr. Dumas and R. E. Smyth. “I didn’t know Smyth, but Dr. Du- mas introduced Davis and me to Smyth. We were in the room talk- ing for a half or three-quarters of an_hour. “The only person who came into the room while we were there was the bartender who twice served us drinks. “I am not sure whether Dumas or first spoke of the Puposky deal. Smyth spoke of burning his building at Puposky in which the postoffice is located. Dumas Asks Mike To Do Job. “Dr. Dumas then asked Miké Da- vis if he could do the job, and Mike said, ‘sure thing, we can, if there is money enough in it.’ Dr._Dumas said, ‘There will be money enough in it for you all right.” Then Smyth spoke up and said, ‘you fellows have got to do a good job or you won’t get any money at all.’ “It was understood,” Behan con- tinued, “that we were to get $300 for doing the job. Smyth agreed to pay Dumas this amount and we were to get our money from him at Cass Lake. “Smyth agreed to make necessary preparations and furnish us all the materials that we wanted. He promised to give Mike a Key and to ‘have two bottles of Lurpentlne on_the store ‘shelf and a::barrel o kerosene -at the rear of *the. store to be used in soaking the bnilding be- fore we set it on fire, ufier cracking the safe. “Dumas said Smyth would look af- ter all those things, and Mike said that would be all right.” Nothing Said of Dynamite. “Was ' there anything said about dynamite at the Larson saloon meet- ing?” asked Attorney Janes. “No, nothing was spoken of that,” replied the witness. “We of course, understood that the safe was to be blown open with nitro-glycerine. Dumas talked with Smyth about blowing open the safe and they dis- cussed the matter freely. Dumas as- sured Smyth that Mike would make a good job of it. “We were to take all the stamps and money that was in the safe, and Smyth cautioned us to destroy cer- tain books that would be found in the safe. The safe was to be opened with nitro, but I couldn’t say where it was to come from. “Yes, Mike went to Cass Lake Thursday, but he didn’t say what for and I don’t know whether he saw Dumas or not. When he came back he said he had everything that was needed for the job. No one went with him to Cass Lake. I can’t say where he got the nitro. “While we all were in the saloon I can’t remember that there was any- thing said about getting any dyna- mite.” At this point Attorney Janes pro- duced a Colt’s blue steel revolver and box of cartridges. In response to queries, Behan said: Says Dumas Got a Gun. “Mike Davis told Dumas that he didn’t have a gun and that he must have one. Doc said he would get him one and he left the wine room and was gone about 15 minutes when he came back with a Colt’s blue steel revolver.” He was shown the weapon which was marked “Exhibit A.” and con- tinued: “Yes, this was the gun, or one ex- actly like it. Mike took hold of the gun and said to Dumas, ‘how much did it cost?’ and Doc replied ‘twenty- five dollars.’ Mike then threw the gun down on the table and said: ‘I be if I'd pay that much for any gun that was ever made.’ “Not long after that Dr. Dumas left the saloon and I hadn't seen him since then until- I saw him in the court room here. Smyth left the all the again, and we didn’t see him after that. Meets Buggy At Cemetery. “Doc Adams drove us to a mile Wwithin Puposky on the night of June 16. T have known Adams for 8 years. He drove us out in a light buggy Wwith-a ing, single seal |saloon at the time Doc went out to! get the gun and didn’t come back/|t0 unnecessarily tire him, I shall not {carry the examination farther at teAm. I got him to get the team and paid hiin $4 for it. We left Bemidjt between 1 and 2 p: m. on June 16. Mike Davis and me met Adams at the Bemidji cemetery where we had arranged to wait for him. “We drove directly to Puposky ar- riving-there between 4 and b o’clock. We walked into town and went into We did not buy. From the store the Smyth store. anything there then. been furnished yau ln Jln haven’t they?” “Well, ‘no, not exfictly," rssponded Behan. Judge. Spooner then pinned the witness down as Larson saloon cunmran and succeeded in’ lovements during the Wednesday off which the was- held king him admit posed the burning and robbing of the Luilding?” “Well, ) shocked,” said Behan. say when the plot was sprung. ‘Not a Pinkerton Tool. that he had visit 4 several saloons and had taken an nknqwn number ) DR DT DUMA%S JUDGE MARSRALL | _spoormz LBy Rawson of the Minneapolis Tribune] JUDGE MARSHALL A. SPOONER, CHIEF COUNSE[?KND HIS CLIENT, DR we went to the hotel and had a sand- wich and glass of beer at the hotel bar. Then we walked down the rail- road track. Then Mike wont buck to the store and bought some -tobacco and while he was gone I went to sleep. When I woke up I saw Mike coming down the track and he bawled me out for having gone to sleep. This was about 6 p. m. Sleep in Empty House, - “We then went into an old empty house on the right hand side of the track and went to sleep. The next T knew Mike was shaking me and said it was 20 minutes to one. We got up and went to the car track tool house and got a pick and maul. Then we went to the store, unlocked the door and went in. “We had not been in the store more than 2 minutes when we heard a noise and beat it. We went out the front door and around the side of the building to the rear end, and looked in where a hole had been cut in the building and in there we saw a Win- chester. ‘Holy J- » here’s a Win- chester’, said Mike. I told him I wanted a drink of water-and he said this is no time to be talking about water, that we had been caught. “We ran .back to the front of the building and it was then that I was shot. Had Two Bottles of Explosive, “I didn’t take anything into the store, but Mike had two bottles of what we called grease, which is ni- troglycerine, two balls of candle wicking and some matches, which he got at the store in the afternoon. I had some matches which I took with me from town. Mike had some files and he had a 38 caliber automatic revolver, but I don’t finow where he got it. I saw no ome except Davis until I was captured. I didn’t kKnow how we were going to open the safe, but we were supposed to bore holes along the side of the building and pour them full of turpentine and oil and start the fire in that way. “Smyth sald that we would find the turpentine on the store shelf and the kerosene in the rear. Mike had a flashlight which he used when we first went into the building.” Identifies Davis’ Picture. Here the state presented a photo- graph of Mike Davis to Behan. “Yes, that is Davis,” said the wit- ness, after glancing at the picture. This recital occupied more than an hour’s time. Witness Proves Evasive. “The witness is weak,” said At- torney Janes and as I do not wish this time, but will turn the witness over to the attorney for the defense for ‘cross examination.” Judge Spooner at once began pounding in a volley of questions. “You have been reading the news- Papers a good deal lately, haven’t you?" sald Mr., Spooner. “They bave tIons n Benfidjj of drinks, which varied in ‘strength from buttermilk to,straight whisky. The witness was weak as to direc- He Nd he had. lived here abuut five years ago for two years. “The witness said that at that time he worked as a bartender for Eddie Munhall, Nash McKinnon, and Carl Clinsh, The witness insisted that Davis made no mention of the Puposky af- fair until they met Dumas and Smyth in the Larson saloon, Judge Spooner tried. in vain to have the witness say just when he ‘was first told by Davis that there was to be a meeting at'the Larson #aloon. The memory of the witness was woe- fully weak on this point.and when asked by Judge Spooner if Davis had told him of the meeting fifteen min- utes before it was held, he replied: “I can’t remember.” “Were you with Davis from 1:30 on that afternoon,” asked the judge. Just Knocking Around Town. “No, I was down to McCarthy’s sa- loon on_Minnesota avenue,” said Be- han. “I spent.about thirty minutes there. Before that I was just knock- ing around town. I got dinner at Daltons at noon. I had drank three or four glasses of beer—I don't know just how many—I didn’t mark them down. I left Dalton’s between three and four o’clock for Larson’s place, ‘|next to the Brinkman theater on Third street, toward the lake. “I first saw Smyth in the Larson wine room and I never had seen him before. We went into Larson’s sa- loon in the front door and went up to the bar. I had a whisky, the first since the noon hour. Then we were told that a couple of fellows in the wine room wanted to see us and we went back and found Dumas and Smyth. I saw no one in. the saloon that I knew, except the ones I have named.” The witness was stubborn when Judge Spooner tried to get him to say how many persons where in the sa- loon when he entered. “I didn’t stop to count ’em,” he said defiantly. There were objections from the state on Spooner’s effort to get defi- nite answers from the witness. The witness said the Dumas con- ference was held in the rear wine room on the left hand side; that there was a window in the room and that he sat with his back to it. “Positive,” But Not Sure. “Are . you positive of that,” de- manded Judge Spooner. “Yes, sir,” was the reply. “As positive of that as anything you have said here today?”’ insisted the defendant’s attorney- The witness wasn't willing to go that far. It later was explained that there, i8 no window in the wine room. “You say,” said Judge Spooner, “that you did not know what was to take place at that meeting in the Larson saloon. You musT have been " “Well, _shocked, when they pro- Lectivet Twdgze Spoo Be‘l:i' it . st ar the: done ani7 (Y Behan §° ¢ ¢ 3 ) hHe winé: rog: 3 EReatha: twice served whlsky all around. Judge Spooner questioned him close- ly as to just what drinks were served and Behan stuck to it that it was whisky for all both times. Witness said again that he was sure the re- volver on exhibit was one which Dr. Dumas went out and got. The wit- ness was unable to describe the win- dow or how far he sat from it. He said that Smyth turned over a plat of the Puposky property and a key to the store. “It has been said in the newspa- pers that the robbery was planned for Thursday night?” said Judge Spooner. “T object to bringing in the news- papers" said Attorney Janes. “Never mind the newspapers” cau- tioned' Commissioner Simons. then,” said Mr. Spooner, “had you planned the robbery for Thursday night?” No Definite Time for Robbery. “There was no definite time set,” said Behan, who in risponse to que- ries, said that when he entered the Puposky building he paid no atten- tion to the entrances, whether there was any turpentine and oil “as planned, and that they did not go through Buena Vista to Puposky, and that they felt there was to be no interference in their robbing the safe and burning the building, By this time Behan had been on the stand for mearly two hours and Dr. E. H. Marcum who has attended the prisoner’s wounds, advised the court that Behan was becoming weakened and that he should be giv- en a rest from the ordeal. Judge Spooner said he had no desire to work a hardship on the witness but that there was a feature of the case which he did not wish to enter into until he could cross examine the witness for at least an hour. With this understanding Behan gave way to other witnesses to return as soon "as his strength would permit. C. E. Battles was the next witness called, but as he was not in the court rogm, John C, Larson was placed on |- the stand. Mr. Larson said that he had lived in Bemidji for 12 years, that he had been in the saloon busi- ness for 5 years-and that he has known Dr. Dumas for 3 years. He said that he had seen’Dr. Dumas in front of his bar about June 14 and that on that day he went into a rear room leaving instructions' that if any one asked for him to send them in. He said he did not know Mike Davis; wut is acquainted with Behan, but Was not sure that Behan was in the saloon on the day he saw: Dumas| there. He identified a phm.ogfl]'lh of | ‘Mike Dnvh ag hsing one ot the men I was surprised, but not The witness said he offered no ob- jection and that he had nothing. to- - “Are you a man who is supposed to have been used by the Pinkerton de- - wige : f : 1 to Dunifi: ¥ that S & o2l 6 ant day Dr: Dumas was there. mas together. ane by the name of Johnson,” — Battles Tells of Revolver. & hardware store here ‘for the past year. He has known Dr. Dumas for 3 years, and said that on the_after- uoon of June 14, Dumas came into his store and purchased a Colt’s re- volver, the one he said, that the state was offering as evidence. Mr. Battles #aid that Dr. Dumas took the gun after paying for it and left but later returned and said that he could not use the weapon as it was too large. I showed hini gome other guns but there was nothing he wanted and I took the gun back and gave him his money,” testified Mr. Battles, who added that he had given a box of car- tridges with the weapon which also was returned. Mr. Battles said that he could re- member of having sold Dr. Dumas a Weapon at any other time, or that he had ever solflfi /any explosive. Following the'" Bsttlea' testimony court adjourned until 2 p. m. and when the hearing was resumed at that hour Carl Swedberg of Buena Vista,, was called. Clerk vael His Story. loou wna seiNNE Davis Some matches which he stuck in his pocket. Had not seen Davis since, but saw Behan next morning at the hotel in Pupusky, ‘wounded and in the cus- tody of officers. Cross examined by- Judge Spooner Swedberg testified to seeing Sherif Hazen, Deputy Sherift Helmer, and two or three detectives. Couldn’t recognize detectives here in court room now, Judge Spooner brought out from the witness that the post office in the Puposky building and the mer- cantile part is pretty well connected and Davis and Behan as they entered could easily see the safe.. Swedberg admitted that Dayis did nothing else of a suspicious nature in the store in the afternoon except to eye the safe critically, Officers Were Hiding. Witness sald that Sheriff Hazen, Detective Fielding and their assist- ant officers were in hiding in a room in the rear of the hotel, in hiding to capture Davis and Behan when they would attempt to blow the safe and fire the building. “I met Davis about 6:30 in .the evening and walked with him from the hotel to the store; and talked with Davis,” said Swedberg who ad- mitted he had not known Davis, - Following Swedberg's testimony Behan was called for cross exami- nation by Judge Spooner. 5 Behan denied having talked with anyone relative to the case since his examination in this forenoon: “It is true, is it, that when you went with Mike Davis to the Larson saloon you did not know the nature of the job which Davis had to do?” asked Judge Spooner. “Yes, that’s true,” replied Behan. Behan insisted that the first he knew of the affair was when it was discussed in the Larson saloon. Witness stated he.had not talked with Detective Fielding _since the mornlng he was shot. - " Has Made Signed Confession. “I have been 'telling a little of thig story every day,” says Behan in re- ply to question as to when he had first talked this story over and had | not talked to Thayer Bailey, assist- ant counsel for defense. “No Inducement or promise of lién- ency was promised me for making this, statement; and I have signed a typewritten statement of this story, says Behan, and this statement was given to Deputy Sheriff Helmer, and 1 have ;Iven no statement to anyone else. b he saw in his place of business the On cross examination Mr. Larson said he had not seen Behan and Du- He admitted having met Pinkerton detectives, “especially C. E. Battles then took the stand #ad said that he had been conducting answered Behan, to Judge Spooner’s question if his wife had spoken to him about a statement. “At first I had little to say, but I finally gave a confession.” Tilt Between Attorneys. A tilt between Judge Spooner and Mr. Janes on relevancy of testimony as to suffering of witness was decided as irrelevant when Mr. Janes inter- posed an objection, A second objection was also sus- tained. “Mr.-Helmer and Mr. Bailey were in my cell when I made this confes- sion,” said the witness, “and there was another prisoner in the cell ad- Joining me.” Behan in answer to question said that Smyth had stated there would be about $800 in the Puposky build- ing, including stamps and money in the safe. Behan states he paid little atten- tion to Mr.’Smyth in the room at the saloon-meeting and would not Tecog- nize him now. Dumas Not to Go to Puposky. “Neither Dr. Dumas nor Bert Smyth were to go to Puposky with Davis and 1. .We were to take the stamps an money found in the store to Dr. Dumas and we were to cut the $300 given by Smyth to Dumas, I was to get $109.” On_re-direct examination by Mr. Janes, Behan said: |~ “No, sir, my wife has sajd nothing to me about makiug & confession,” called for William Munhall] who; arrested last Saturay as a print in the Puposky case, and who is held in the Beltrami county jail awaiting # hearing on next Saturday. “Prior to Munhall’s appearance, Dr. Dumas admitted that he would waive examination, Munhall testified he was tending bar at the Bank saloon during the month of June. He sald he has known Martin Behan for eight years, saw him in Bemidji in June. Wit- ness said he knew Mike Davis and recognized photo exhibited in court room as Davis. Also admitted know- ing Dr. Dumas, Witness admitted having a tele- plione talk with Dr. Dumas who was at Cass Lake and that the Doctor asked if Behan was here. Munhall told'Dumas that Behan was not here but would be here the next day. The doctor requested Munhall to tele- phone Behan to come to Bemidji. Behan came and then went to Cass Lake. Behan came back to Bemidji. Munhall was reluctant to answer Questions, and gave evasive answers. Cross examined by Judge Spooner, he said the Doctor did not say any- thing over the phone about a chance for Behan to get a job as bartender, and claimed all his talk with the doctor was over the telephone. Following the Munhall testimony the state rested its case. Judge Spooner then announced that Dr. Dumas had no testimony to offer. Court Commissioner Simons an- ncunced that he believed a crime had been committed and that there Was reasonable belief that the de- fendant was guilty and that he would be held to awalt the action of the next grand jury, and that bail would be fixed at $10,000. Bail was furnished late this af- ternoon with Edward Dumas, father of the doctor, and C. M. Johnson, of Cass Lake, as sureties, and Dr. Du- mas was given his liberty. Fire Marshal Talks, State Fire Marshal Keller, who ar- rived in Bemidji Wednesday morn- ing, will return to St. Paul tonight. Mr. Keller said: “We intend to proceed with the cases in a conservative manner and to present evidence that we feel will be sufficient to convict. - This evi- dence leads in several different di- rections but it is not proper for me to say just who the lightning may strike except that we intend to run down the eriminals and to follow every possible clue. We are pleased to find the sentiment of the better class of people here favorable and (Continued on Page 4)