Bemidji Daily Pioneer Newspaper, October 5, 1911, Page 1

VOLUME 9. NUMBER 135. SHERIFF HAS MORE TROUBLEOVERBILLS Commissioners Chop $6 From Items | Which Totalled Close to $500; Asked to Explain. TWO ROADWAYS ARE APPROVED One to Extend Around Lake Bemidji and Other From Port Hope Through Kelliher. TWO TAX REDUCTIONS URGED| Bids For 200 Cords of Wood in Cm'-’ load Lots to Be Opened on | November 7. | i Onece again Sheriff Iiazen is having trouble with bills, the county over his! although the county commis- | sioners which adjourned their regu-| late yesterday, only| chopped $6 from bills presented by the sherif totalling nearly $500, this | cut being for alleged improper items. | The sherift did not present a new{ lar meeting bill for what legal items which may have previous bill amounting to more than $700 which he sought to been in his collect by mandamus proceedings and which was held il- legal by Judge Stanton. Squabble Over Mileage. The items which caused the con- troversy at the meeting of the com- missioners yesterday had to do with mileage charges. The sheriff was called in to explain, which he did but not entirely to the satisfaction of Chairman Viggo Peterson whose quizzes irritated the sheriff until he finally left in anger, but not until he had taken this fling at the chairman: | “So you are the man who is hold- ing up my bills.” Commissioners Complete Work. The session of the county board was brief, the first meeting being held Tuesday, but important work was done. The board approved the petition for a roadway around Lake Bemidji and also the one asking for a road through Kelliher. Both petitions have now been forwarded to the state highway commission and if sanc- tioned by this commission the roads will be constructed under the pro- visions of a law enacted by the last legislature. . Kelliher Road New Artery. The Kelliher road is the one dis- cussed at different road meetings and provides for the construction of a township, following the west side of highway beginning in Port Hope the Minnesota & International to Farley and continuing in a northeast- erly direction along the right of way to state road No. 4 to Tenstrike and then north to the township of Black- duck, along the scuth shore of Black- duck lake and into the village of Blackduck and thence through the townships of Langor, Cormant, Bat- tle and Kelliher and north on the county line to the Big Tamarack riv- er. Come to Urge Road. Among those present at the com- missioners meeting to urge this road | were William Lennon of Kelliher; J. C. Thompson and S. W. Ellis of Blackduck and Charles Carter of Hines. Today Mr. Lennon has the petition before the Koochiching county board, in session at International Falls. The commissioners also granted petitions for two new roads in Port Hope and one in Battle tonships. Two Tax Reductions. Two tax reductions were recom- mended to the state board of abate- ment by the commissioners: Mrs. - Elizabeth Wolf on city property and A. M. Crowell on some cut-over lands. The commissioners decided to ad-} vertise for 200 cords of wood to be used at the courthouse. The wood is to be either birch, maple or oak, and must be offered in car load lots or over. Bids are to be opened at the next meeting of the commissioners which will be on November 7 next. Helps a Lot. “I have no use for Brown.” “Why?" “He is a hghlwelght in intellect.” “Oh, but you must remember that he has an obese bank account and always has f.he weight of it with him”. jercises. jon a three weeks’ speech-making tour | ;on Tuesday and Wednesday, destroy- !gunners actively R R R R R OR R R RCR © OUTSIDE NEWS CONDENSED, © POOOO000COOOOOO The Weather: Local showers Fri- day; variable winds becoming south- east. Strikebreakers have been hurried | out of McComb City, Miss., ahd with 64 militiamen patrolling the streets the city is today quiet. Ten new buildings of the Chicago Lutheran Theological Seminary at Maywood were formally dedicated to- day with an all-day program of ex- The formal inauguration tomorrow of Dr. Guy Potter Benton, fermer president of Miami University, as president of the University of Ver- mont will take place tomorrow. William J. Bryan today started out | of Nebraska under the auspices of| the Democratic State committee. The tour is regarded as the real beginning of the national campaign in Nehras-‘ ka. | ‘The Italian fleet bombarded Tripoli ing the forts and Valiqus palace, but taking care to injure the town itself as little as possible. The Turkish returned the fire| but were completely outranged. St. Peter, Minn., is short one fire department. Resenting the failure of the city council to vote them an | increase in salary as compensation for the loss of funds heretofore con- tributed by the state, the firemen| held a meeting and voted to disband. | It is stated authoritatively at Los Angeles that the McNamara brothers, the alleged Times dynamiters, would be tried separately. James B. Mec- Namara, probably will be the first to go on trial next Wednesday, ac- cording to a statement of one of his counsel. at the University of Calitornia, a gift to the university from Mrs. Phoebe A. Hearst, was formally opened to- day. The museum is said to contain one of the greatest collections in the world illustrating the arts, industries and customs of ancient and modern peoples. The collection of Egyptian antiquities is especially complete. T the collection of the specimens con- tained in the museum Mrs. Hearst is said to have expended more than $1,000,000. Everything is in readiness for the departure from London of the Duke of Connaught to take up his duties as Governor:General of Canada. His Royal Highness will be accompanied by the Duchess and the Princess Pa- tricia. Among the members of his staff will be Major H. C. Lowther of the Scots Guards, as Miiitary Secre- tary; Captain T. H. Rivers-Bulkeley ; of the Scots Guards, as Controller of the Household and Equerry, and Cap- tain W. Long of the Royal Scots Greys and Captain H. C. Huller of the Rifle Brigade, as Aides-de-Camp. With the aviation fieid at Kansas City in excellent condition, the bal- last laid, and the gas pumps at work inflating the nine great sea-birds, all that is wanting is good weather con- ditions for an auspicious start in the great international balloon race for the James Gordon Bennett trophy. Three nations are represcnted among the entries, as follows: The United States: Lieut. Frank P. Lahm, U. S. A., Captain John Barry and Wil- liam F. Assmannu of St. Louis. Ger- many: Lieut. Leopold Vogt, Lieut. | Hans Gericke and Frieherr von Phul. France: Alfred LeBlanc, Welby Jour- |dan and Emile Dubonnet. Pert Paragraphs. Misery loves company, but she doesn’t want the company to giggle. | ‘When a woman begins moving up the social scale she keeps a maid -in- stead of a hired girl. We are always sorry Lo believe an ugly story on a friend, but we are apt | to carefully inquire into all the de-| tails. . When a man doesn't hurry through his work to go to the bail game his friends remark that he is breaking fast. | Comparisons are odious. That’s why her dearest enemy tells a wom- an that Mrs. Brown has real lace on her new gown. When the young man doesn’t bring either flowers or candy to the girl her mother thinks he is serious, but her sister knows he is just plain stingy. 1f you want to make a woman mis- erable tell her that her gown doesn’t fit. If you would make a man mis- erable tell him that you had his symptoms just before you acquired The new Museum of Anthropology (Copyright, 151L) T0 PLAY THIEF RIVER] Bemidji High School Football Team Prepares for First Stiuggle of the Season. GAME STARTS 2:30 ON SATURDAY The Bemidji High School football schedule will begin next Saturday wh;n the local team will play Thief River Falls, The game will be play- ed-at the fair grounds and will begin at 2:30. Busses will be run and a large crowd is expected. The usual admission fee of tweniy-five cents will be charged. Thief River Falls has a larger High School attendance {han Bemid- ji, and their team is unusually strong this year. The Bemidji boys, altrough they are not as heavy this year as last, have shown up well in practice. Professor Robinson, tne coach, is satisfied that this team will play ful- ly as well as it did last year, and he expects that next Saturday’s game will be a battle royal. The line-up for the Bemidji team has not yet been definitely decided upon. The boys are seriously handi- capped by the loss of Ileadrixon, the giant full-back. MacDonald, Ripple, Peck and Bailey will make up the back field, and Sullivau will play center, but several mea are after positions in the line. Lycan and Shannon probably will play guards, with Ryan and Olson tackles and Hayner and Moritz ends. Last night a number of candidates were on the field, a second team-was made up, and they put up a good fight against the big boys The team probably will organize in the near future. NEW HONOR FOR FULLERTON Surprised at Telegram Naming Him President Fishermen Society. Sam Fullerton, assistant state fire marshal, who is in Bemidji in con- nection with his work or the Dumas trial, received ‘a pleasant surprise this morning when a messenger boy thrust a telegram into his hands which informed him that the Ameri- can Society of Fishermen now in ses- sion at St. Louis had named him president. - “It is an honor I have coveted,” admitted Mr. Fullerton, “put 1 never dreamed that I should be elected to it when I could mnot even be present at the meeting.” The society is a national organization. Robert Roosevelt, cousin of Theodore Roosevelt was the first president of the society which was organized 30 years ago. 3 Body of Larson Taken to Little Falls. The body of Alfred Larson, who committed suicide by taking cBrbuhcl acid, was ‘this morning taken to Lit- tle Falls, his former home by W. H. Lewis of Pequot, a brother-in- Taw | and two brothers from Little Falls. The funeral was held at Little Falls this afternoon. “You are so selfish, dear " “Think Io"' g «Yes :-County Gets $70 of $6,000 Liquor License Contributions. : If it becomes an established : fact that a county is entitled to : 10 per cent of all municipal lig- : uor licenses, Beltrami will be en- : : riched about $5,000. :. There has been some doubt as : : to the constitutionality of this : law, but a recent deeision in dis- : | trict court by Judge McClena- : han at Brainerd upheld its leg- : ality. 3 b Auditor George jias sent re- : quests to all villages'and cities to : i : remit. : < Wllmn.hasresmnded by send-. : 5 ing $70 in cash. > Payment is supposed to be : made twice a year. There now : is due payments from January 1, 1910, to June 30, 1911. L s 5 The city of Bemidji's amount : : due the county according to this : : law is $2,300. The city council : has referred the matter to City : : Attorney P. J. Russell. % These collections go into the : : general revenue fund of the : : county. : “It would sort of help to pay : : for the Dumas trial,” commented : : Auditor George today. MANY OFF FOR WEST TO BOOST J. J. Hill and Others. From Minne- sota to Speak in Spokane. Spokane, Wash., Oct. 5.—Officials of the Northwestern Development league will discuss plans to promote the progress and settlement of Min- nesota, Washington, Oregon, Idaho, Montana, North Dakota, South Dako- ta and at a joint meeting of the vice-presidents and members of the committee of the organization in the assembly hall of- the Spckane cham- ber of commerce on Friday, Oct. 6. President Lewis Penwell of Helena, Mont., will preside. H. C. Sampson of_Spokane, treas- urer of the league, announces it is proposed to take action on these sub- jects: ‘Western governors’ special train to cover more than 5,000 miles of east- ern roads this fall, carrying the chief executives and boosters of the north- western states on a missionary trip. Publication of 500,000 maps of the Pacific and Northwestern states, to be distributed free of cost to schools and points in eastern slates. Publication of an officiz1 pamphlet, giving authentic information con- cerning the states of Washington, Oregon, Idaho, Montana, North Da- kota and Minnesota for general dis- tribution. Among those who have accepted invitations to attend the sessions are: James J. Hill, Louis W. Hill, ex-Gov- ernor James H. Brady of ldahu, Gov- ernor R S. Vessey of South Dakota, ex-Governor E. Y. Searies of North Dakota, Rufus R. Wilson, secretary of the Seattle Commercial club; Charles Patterson of St. Paul, J. H. | Dight of Duluth, John Bruegger of Williston, N. D.; L. Newmdan ofj Great. Falls, Mont.; William' Han-| ley of Burms, Ore.; C. C. Chapman, ! manager Portland Comuscreiak club; Dr. Dennis W. King ot Wenatchee, C. HL Potts of Coeur de’Alene, Wil- liam Morgan of Moscow, Idaho, Will A. Campbel, St: Paul, secretary of the league, and Reilly Atk!nson of Boise: - Pres!dent Penwill will be ac- “Well, don’t you like to see me typhoid fever. fwen: taken care of?” S MURDER CHARGE LIKELY Grand Jury Said to Be Considering Kelliher Shooting; Coroner’s Jury Returns Its Verdict. VICTIM BURIED HERE TODAY “That on the night of Sept. 30 or morning of October 1, between the hours of 11 p. m. and 1 a. m., Joseph Kaczer was mortally wounded from a firearm held in the hand of some per- son unknown to us.” This in effect is the verdict of the coroner’s jury summoned by Coroner M. E. Tbertson as the result of the death here of Kaczer, who was shot in the midnight fight in the woods at Kelliher last Saturday. The coroner’s jury was made up of: C. W. Warfield, Charles Lindgren, 0. E. Jackson, L. F. Johnson, Thomas Maloy and J. Peterson, Jr. Two men are being held as a result of the shooting and it is understood that evidence has been presented to the grand jury now in session here and an indictment charging murder is expected. This would mean speedy Jjustice as the trial would come up at the present term of court. The funeral of Kaczar was held this morning, Rev. Father O’Dwyer celebrating requiem low mass and in- terment being made at Greenwood. RITCHIE T0 MANAGE EXHIBIT Named By Commissioners to Succeed Himself for Coming Year. A. P. Ritchie is to have charge of the Beltrami county exhibit at the Minnesota state fair again next year. His appointment was made by the board of county commissioners in session here yesterday, after Mr. Rit- chie had presented his report for the state fair exhibit for 1911. “The board should understand,” said Mr. Ritchie, “that a man profits by experience in doing a work of this kind. I know I made mistakes this year, but I know where, if I had the work to do over again, I could im- prove.” The commissioners thought it bet- ter to have a man who has had ex- perience have charge of the exhibit and the selection of Mr. Ritchie was unanimous. Last summer the board appropriat- ed $400 to defray the expense of a state exhibit. According to Mr. Rit- chie’s report more than $100 of that amount remains on hand and it now reverts to the state fair exhibit fund. Not Improved With Age. “He used to make love to me.” “I wouldn’t think it.” “Why?” “He dves it so badly now."” Progression In youth her beauty captivates, ‘We later ask if she can cook, But older grown we fish around and try to see her pocketbook. o A man may make the office boys jump at the sound of his voice and yet not be able to make the head of the concern believe that the business wlll not be abla w run Wlthmlt. ‘him. “NOW UP Beginning yesterday afternoon and covering all of today arguments have been on before Judge W. S. McClen- ahan, “in the case against Dr. Du- mas, the defendant’s attorney alleg- ing that the indictment is faulty and that the evidence submitted has not proved the crime alleged. The state insists that the indict- ment is proper and the proof in har- mony with it. Judge Marshall A. Spooner made though he began at 4:30 yesterday afternoon he did not finish until about 3 p. m. today. Attorney E. E. McDonald ror the state presented an argument which consumed about an hour’s time, when he gave way to Assistant Attorney General Janes who completed the ar- gument for the commonwealth. At 4:40 this afternoon the argu- ments were completed and Judge Mc- Clenahan announced that he would take them under consideration until tomorrow | morning, commenting briefly on the point that if he were to grami the contention of the de- fendant it would mean that the state could not take an appeal on the point of law involved while that priv- ilege would be open to the defendant. The court, however, gave no indica- tion as to what the final decision might be. “We expect a tnvorable ‘decision,” said Dr. Dumas today, “but in case it is not we shall have about 15 wit- nesses and I will go on the stand my- self and my testimony will probably require a day's time.” What the Defense Contends. Afthr the state rested yesterday, Judge M. A. Spooner entered a motion to discharge the defendant and dimiss the proceeding on two principal grounds, one that the in- dictment is fatally defective and the other being Epat. the tsst!mony offered hv the state did not. prove or ShowW facts sufficieiit to constitute a-public offense. Under these points, it was contended that not only was the in- dictment inherently defective under any definition, either at common law or under the statute of the crime to attempt to commit arson, but was defective because it failed to contain allegations which were necessary in order to make it sufficient under any definition of the crime. One of the points urged against tlic indictment and as to failure'of proof was the claim made that under the peculiar wording of the statutes of this state relating to accessories that, while one might be an accessory bcfore the fact in the commission of a crime, one cannot be properly charged with be- ing accessory before the fact in the case of a mere attempt to commit a crime. z “It will be remembered,” said Judge Spooner, “that iu the indict- ment in this case, Dr. Dumas is charged with the offense of an at- tempt to commit arson in the third degree, being absent at the time of the commission of the alleged of- fense.” After having devoted more than an hour and a half to the considera- tion of the question of tke sufficiency of the indictment and tie discussion of the proposition that there is no such thing as an accessory before the fact in the case of a mere attempt to commit a crime, defendant’s coun- sel was about to take up and present a long line of authorities to sustain the claim that under the proof made by the state in the case before it closed, there was nothing to show such an overt act as would amount in law to an attempt to commit the crime charged, when court adjourned yesterday afterncon until 9 o’clock this morning. ‘ The State’s Position. At the conclusion of Judge Spoon- er’s remarks, = Attorney McDona}d arose for the state and upheld the indictment, = contending that there was good legal reason why the case should be given over into the hands of the jury. Attorney McDonald said: “The indictment in this case is based upon the provision of our stat- ute which makes it a crime for a per- son to set on fire or buru a building of another and the statute which pro- vides in substance that any person who does an act tending to the com- mission of an offense punishable by law but which is, for some reason not due to his conduct, unsvecessful, is guilty of an attempt to commit that offense, and the statute which pro- vides that -any person who aids, abets, counsels, encourages, pro- cures or employes anotber to com- mit an offense is guilty as a princi- pal. “We eontend that if Davis and Be- ‘han had set the ‘building on fire, t.lley IRELEASE OF DUMAS | the argument for the defense and al- | TEN CENTS PER WEEK, 10 JUDGE would have been guilty of arson and Dr. Dumas having aided, abeted, counseled, encouraged, procured or pals. “That Davis and Behan having gone to Puposky and entered the building in the night time- with matches and candle wicking, there being present in the building kero- |sene to be used in burning building, Dumas having aided, encouraged and mas having aided, encouraged and counseled them was guilty as prin- cipal of an attempt to commit arson. | “Bishop in his work on Criminal |Law, the Supreme Courts ot Oregon, Massachusetts, New Yerk, North Carolina and other states support our contention and in the Michigan case relied upon by defense, Judge Cooley, in a dissenting opinion lays down the rule we contend for, and in an- other case relied upon by State a dis- senting opinion was filed ” S. C. Bailey Testifies. S. C. Bailey, state game warden for | this district, and ex-chief of police of | the city of Bemidji, was called for ex- amination yesterday before Martin Behan was put on the stand. Mr. Bailey said he had lived in Be- midji for 12 years; came here from Faulkton, S. D., where he had taught school and engaged ir farming. The witness said he had oeen deputy game warden three yeurs and has known Bert Smyth four or five years. Mr. Bailey said he had known Sam Fullerton for several years and is ac- quainted with Dr. Dumas; that his deceased brother, L. i Bailey, was during his lifetime a law partner of E. E. McDonald. Witness said he had talked with the attorney general relative to the Dumas case. case about the middle of April, from Bert Smyth, on the street afterwards going to his office, again hearing about it about the first of May, and several times later. Talked it Over. He did not make a report to any- one the first time, but talked it over with his brother, Attorney Thayer C. Bailey, and Attorney McDonald. Talked the matter over with Sam Ful- lerton, deputy state fire marshal af- ter the second report from Smyth, and made several reports to Fuller- ton from the 20th of May and there- after. Since June 12th witness has conferred with Attorney General Simpson, his assistant, Mr. Janes, and State Fire Marshal Keiler. There was no cross examination. Section Foreman Witness. C. E. Nelson, section foreman for Red Lake railway at Puposky, was another witness yesterday. Mr. Nel- son told of being at the Puposky tool house, Saturday moraning, June 17th, at : o'clock and found the door open with a pick, maul and other tools missing, and identified tools shown him in the court room as having been in the section house at I'uposky, and a lock as the lock on tne car house door. The attention of the witness was especially called to a piece of iron which he said was in the car house. There was no cross cxamination. DUMAS CASE TIRES CHIEF WRING Hibbing Man Tells of Care Exercised in Guarding the Jury. Hibbing, Minn., Oct. 5.—Chief of Police Peter Wring returned yester- day morning from Bemidji where he had been for almost a week, as a wit- ness for the state in the Dr. Dumas case. “It was the most tiresome job I ever tackled,” said he. “I went to Bemidji last Tuesday- morning and have been there ever since. The jury was not selected until last Friday night and therefore the trial did not begin until the following day. “The court is most careful to see that the jurors are not tampered with,” went on Mr. Wring. “They are constantly under the surveilance of three deputies who ncver let one of them out of sight for an instant. Even the talesmen’s mail is looked over by the judge first ond is then handed to the owners. As to thé wit- nesses they would not allow us in the court room excepting when we were called to the stand and we had to sit around on the curbing outside the building. “As to the outcome of the case, it is extremely hard to even surmise. It looks from present indications as if the state had a pretty good case, but of course, we have heard nothing from the defense.” employed them to do this would also_ have been guilty of arson as princi- He first heard of this . ing and are guilty thereof and Dr. .