Bemidji Daily Pioneer Newspaper, October 6, 1911, Page 1

PEOOOPOOOOOOOOE © LODGEDOM IN BEMIDI ¢ THE BEMIDJI DAILY Pio VOLUME 9. NUMBER 136. BEMIDJI, MINNESOTA, FRIDAY EVENING, OCTOBER 6, 1911. Hintop sy docm NEE BINNESOTA SOCIETY. TEN CENTS PER WEEK. CALICOE-OVERALLS T0 FEATURE DANCE Fines Face All Who Appear on the Floor With Anything Resembling Prosperity, Says Program. SILK HOSE SERIOUS OFFENSE Girl Who Wears Them Faces Possible Penalty of 7 Cents; Use of Per- fume to Cost Penny Less, CHARGED WITH MURDER| Stanley Prezyozlski Was Given Hear- ing Before Judge McClenahan This Afternoon. JOHN L. BROWN HIS ATTORNEY Stanley Preszyoylski was arraign- ed before Judge W. S. McClenahan this afternoon charged with murder in the first degree. He waived the reading of the indictment and was given until Saturday to give his an- swer. Preszyoylski is charged with hav- ing shot and killed Jack Olschafsky and Joe Kaczer in a drunken row at! “HOOP SKIRTS” ARE SUGGESTED Men Who Wear White Collar, or Have Shoes Polished Will Be Sub- Jject to Different Penalties. There is going to be “some dance’ at the city hall tonight. Girls in calicoes and “hoop skirts” and men in overalls and jeans, with an orchestra in harmonious uniforms scraping out old-time dance tunes, are expected at the hardest hard seen here. The function is under the direc- tion of the Bemidji Dancing Acad- emy and the word has gone out that times hop ever anything which resembles prosperity will suffer. Men to Be Fined. A system of fines has been arran- ged. Here is the way it is to work: Any man who comes to the dance with A white collar ....... .8 .02 A shave .01 Shoes polished . ... 01 Fingers manicured .05 Red Necktie .04 Diamond ring or stxckpm .06 Anyone who looks as if had more than 50c .......... .05 Anyone caught “dameless” .10 Married man without his spouse .25 Smoking a 10c¢ cigar o 08 Anyone caught looking pros- PErOUS' . o siww o 30 wum o & .08 Hair parted in center ....... .08 Anvbody who kicks about mu- sig OF fH00T s van wos o vae o 20 Penalty for Girls. Fines for the girls have been ar- ranged as follows: ChEWING BUM: i v ow wan v s 0l 304 Powdering : » o i wes won &5 9 .01 With a complexion .......... .03 Anyone with rings or ear rings .06 Wearings rats, puffs, bangs, and curls . 11 Peek-a-boo waist . .04 Hobble or harem fiknt s .02 Coming to the dance without an eseort .« s.o.ccee oo aen .05 French heels . .ec.oveonnins 01 Silk ho8e: « i sverwas siws s 5 5 .07 Flirting with the floor man- APEI® & % e swe s s el 58 & .09 Married woman without “hub- e R T e 07 What it is Like. On the dance program, printed on strawboard and tied with calicoe, appears this explanation: “A hard-time dance is a revival of the old-time country barn dance, so popular in grandpa’s time. “It is not forgetting to be ladies and gentlemen, but merely dropping some of the stiffness and convention- alities of society—with the formal dress and manners of society. “The proper caper for the ladies is calicoes or better yet ‘hoop skirts’ (if you can get them), and for the gen- tlemen homespuns, overalls, swallow tails, in fact, anything in which you will feel at ease. “The only thing we really insist on both ladies and gentlemen wear- ing is a—Smile.” There will be nine prizes awarded to the dancers, for best dressed, most comical, most ragged, most original, ete. If She Wanted to Be Old Fashioned. “Jennie and Jack have had three scraps a day since they have been married.” “Goodness! That’s enough to make a patchwork quilt.” Kelliher last Saturday night, when both men were shot, Olschafsky dy- ing during the night and Kaczer died at the St. Anthony's Hospital Tues- day morning. John L. Brown was appointed by the court as the defendant’s attorney. Bemidji Firm Can Supply You With Auburn Haired Bride. Are you a bachelor, and if so, do you want a wife? If you do here is a chance, unless you let someone beat you to it. An- derson & Johnson, employment ag- ents of this city, will furnish the bride. want ad with the following result: “My Dear Messrs. Anderson and Johnson: “Enclosed find clipping of your ad- vertisement which I am enclosing to show how I learned your names. While this is not in your line, yet I; thought that you might do somethlug for me. May I ask this big favor? I am a widow, 35 years of age; 5 feet 5 inches in height, weigh 150 pounds, have auburn hair, and brown eyes. Have met with strong reverses and want a good husband, rancher of means. Anything you can do for me would certainly be appre- ciated. Do not make light of this letter as I mean what [ say. 1 will be at the above address for the next thirty days.” THREE BAD MEN SENTENCED Because he carried concealed weapons, Vernon McNeil will spend the next six months as a prisoner in the Koochiching county jail at Inter- national Falls. McNeil was one of three men brought to Bemidji on Wednesday to enter pleas of guilty before Judge Stanton in chambers here. J. C. Welch, who admitted that he took property which did not belong to him was given an inde- terminate sentence at the reforma- tory at St. Cloud. F. Kieley pleaded guilty to assault in the third degree and for the next 90 days he also will be a guest of Koochiching county in the International Falls jail. “SHOP EARLY” ADS BEGIN Barker First to Spring Christmas Advertising. Has “Market Day” Ad. OTHER CITIES WILL FOLLOW 1t is seldom that merchants in any city begin holiday advertising as ear- 1y in the year as the 6th of October. We have yet to see the ad which gives us the first glimpse of “Do your Christmas shopping early.” In today’s issue can be seen.one ad which calls attention to the holiday shopping. The advertisement is not devoted entirely to Christmas shop- pers but indirectly calls attention to the fact that it would be good time to lay in a supply of gifts at the Market Day sale. As in many previous occasions this store has made it a point to be the first to make new announcements. The store referred to is the Barker Drug and Jewelry store of this city. If the advertisement is carefully read it will be of interest to the reader from a news point of view as well as the savings therein contained. HEY, YOU BACH! WANT A WIFE?| “Seattle, Wash., Sept. 30. | farmer or: CRRLPOPOOOOOOOOBPOG®S © OUTSIDE NEWS CONDENSED. ¢ COPPOCOPC 0000660 % In practically all of the public schools in Indiana special exercises were held today in celebration of the comb Riley, tne “Hoosier Poet.” Mr. Riley, who is slowly recovering from a long illness at his home in this city, will be 58 years old tomorrow. An imposing monument marking the Revolutionary battlefield at Chestnut Neck, this county, was un- veiled at Atlantic City, N. J., today with interesting exercises under the auspices of the Daughters of the American Revolution. Governor. Wilson, former Governor Fort and other notables were among the speak- ers. George Westinghouse, the cele- brated inventor of the airbrake and |of numerous important electrical de- vices, received the congratulations of many friends and business associates today on the cccasion of his 65 birth- {day anniversary. Mr. Westinghouse was born in Schoharie county, New York, in 1846, and gave evidence of his genius at the early age of fifteen iby inventing a practical rotary en- gine, “No man dares to say that the ‘sé= cret of the origin of life will be dis- the mystery.” versity for a series of lectures. Dr. applied to biology. Cities and towns of Washington are preparing to welcome President { Taft who tomorrow will enter upon a four days’ tour of that state. Wal- ‘la Walla will be the first stop on his jitinerary tomorrow and in the even- ing he will arrive in this city, whefi‘fe a banquet will be given in his honor. Governor Hay and other official rei)— resentatives will meet the distin- guished visitor at the Washington- Idaho line, a short distance east of this city, and accompany him on the greater part of his tour through the state. * of Postmaster General Hitchecock can be obtained through Postmaster W. D. Hale for Hugh Robinson to carry twenty-five pounds of corrés- pondence on his trip to New Orleans, on which he will start from Lake Calhoun Oct. 11. At a meeting of the general committee of the Trans-Mis- sissippi Flight association yesterday, | Postmaster Hale was asked to take the matter up with the postmaster | general. Church, Va.. nine miles from Wash- ington, a marble tablet placed upon the outer wall of the Old Falls Church edifice in honor of George Washington, was unveiled today with exercises the town conducted by chapter of the Daughters of the American Revolution. Gen. Wash- ington served for twenty years as warden and vestryman of the church, which is one of the oldest in this sec- tion of the country. The first church building is believed to have been erected about 1709, while the pres- ent edifice was built in 1734 with material brought from England. KKK KK KKK KKK KK “Market Day” edition Thursday for the purpose of reaching the farmers just before the big event next Thursday. * Merchants Attention! * * The Pioneer will issue a % * * In the picturesque village of Fallsl MOTION TO DISCHARGE FAILS; birthday anniversary of James Whit- |’ | Not long ago the above firm ran a{prize in 1910 for his studies of the |tDIS afternoon Ichemical constituents of proteins asbeen present in the doctor’s office in Witnesses are being heard this af- ternoon in defense oi Br. Delbert F. Dumas, mayor of Cass Lake, charged with an attempt at arson, and At- torney Lane announced that every effort would be made by his side to conclude the case so that it might go to the jury tomorrow. When court convened this morn- ing Judge McClenahan announced that although he saw the logic of Judge Spooner’s argument on the mo- tion to discharge the prisoner on the ground that the crime alleged had not been proven, and that if it were a civil case he should grant the mo- tion, that he did not wish to “assume the responsibility of annihilating all that the state has donme, when the state has no recoarse in appeal,” and that he therefore would deny the mgq- tion, After John €. Larson, owneér of covered, yet scientists are working|tRe saloon, where tae alleged plot to hopefully toward the unraveling of{™°P and burn the postoffice building So said Dr. Albrecht |2t Puposky, had been called as the Kossell, director of the Physiological|first Witness for the detense the jury Institute of Heidelberg University, in | W3S Permitted to make a personal in- Baltimore at the Johns Hopkins Uni- | SPection of the Larson saloon. Horace Lydick, living near Cass ‘Kossel received the Nobel medical|l@ke, on the stand for the defendant, swore that he had Cass Lake last spring when Robert Smyth was there and that he heard Smyth tell the doctor to send him a :bill whenever he was ready. This is Minneapolis will be the starting atlon is a singular one. point for one of the first aerial maxli ¢ § portion of the motion which re- routes in American, if the sa““‘“!& latéfy to the sufficiency of the indict- ment I can say 1 do not believe it toI *|be wiped out. *| destroy utterly all the state has done ‘taken as an effort to show that the $200 check found on the doctor when arrested at Hibbing was in payment for medical services. Lydick also told of seeing Dr. Dumas in the Larson saloon here on June 14. In his remarks at the opening of court this morning, Judge McClena- han said that the motion under con- sideration was of such importance i that “It demands a frank statement and I could not express my attitude byfi mere announcement. The situ- So far as be sound. “Upon the other branch of the mo- tion I confess I have had considerable mental difficulty—not so much at reaching a conclusion as to what I shall do. From a standpoint in law the evidence leaves no doubt as to the intent of committing the crime charged. Lawyers will admit this. Courts have 'not always agreed on in- tent and attempt. “No case has been cited which pre- sents just the situation with which we are now confronted.” The court said that what had hap- pened in Bemidji must be eliminated in the question at issue and that what Behan and Davis did in the store at Puposky bore on the point. Explaining his final conclusion the judge said: “My judgment alone could dispose of all this litigation. Unfortunately the state is blocked if I so order with no right to appeal. This is true and this fossilized situation will remain until someone or somebody courage- ous enough to bring about a change appears. “Now, I believe this motion ought to be granted and yet I don’t feel that T ought to do it. If I were to do it all the preparation the state has so far gone to and all the efforts of trained and efficient council would It is in my power to This edition will be distribut- ed through the country in large numbers containing the big red poster and good, fresh newsy stuff about the Market Day pro- gram. Merchants who wish to ad- vertise in this edition can do so at their regular advertising rates, thus taking advantage of the additional circulation at no extra cost to them. . “Kindly have your copy in as early as possible. Tomorrow if you can and not later than Mon- day. It is the desire of this pa- per to give space to all in this issue and much will depend on the advertiser’s promptness as to the position he will receive.” * The Bemidji Pioneer Pub. Co. TR KKK KKK KKK KKK K gk ok ok ok ok ok ok ok ok ok ok ok ok ok ok ok ok k ok ok ok ok ok ok k ok ok ¥|and it is also in my power to end the *| trouble of the defendant, but this lat- *|ter is not quite true because there *|might be other complications. x “If this were a civil case, I frankly *ladmit that I would grant this mo- *| tion. * “After very serious consideration, *|however, it appears to me that I *| would be assuming too much respon- *|sibility. I have two choices—one ut- *|ter annihilation for the state or the X | other of giving the defendant another *|chance before the supreme court. *| The motion is overruled.” *| The argument for the defendant *| was made by Judge Spooner who be- ¥|gan talking at 4:30 Wednesday and *|did nqt conclude until 3 p. m. yester- ¥|day when he was followed by E. E. * McD:*ald, special counsel for the x| state, ’and Assistant Attorney-Gener- | al Janesy representing the Attorney- General’s office. After Judge McClenahan had an- nounced his decision on the metion, Freeman P. Lane arose for the de- fense and said it had been so appar- ent that the judge, as matter of law, would sustain the contention for dis- missal, that the defendant did not have his witnesses in court and said that counsel for Dr. Dumas would forego an opening address to the jury if the judge would adjourn court un- til 1:30 p. m., so as to permit wit- nesses to come from Cass Lake. “We shall adjourn court but you need not omit the opening address to the jury. We do not want it said that the defendant has not had every opportunity for a fair trial.” Counsel for the defense, however, said they would not take up any time in a statement to the jury and evi- dence for the defendant i being heard at the afternoon sesgion, When court convened at 1:30 the room was well filled, about two-thirds of those present being women. “Pmceed, gentlemen,” said the court and Attorney Lane announced that as the defense wishes to shorten the case in an effort to end the case tomorrow morning. John C. Larson, owner of the sa- loon where Davis, Behan and Smyth are presumed to have met Dr. Du- mas, was called as the first witness for the defense and explained that there was two toilet rooms, one pub- lic and the other locked and that it is located at the rear of the wine- room. Cross examined, Mr. Larson said he kept the key at the bar and that any- one who asked for the key could get it. Attorney Lane requested that the jury be permitted to be taken to the Larson saloon and make a personal inspection, but the court suggested that perhaps the saloon arrange- ment was not the same as last June. Larson was recalled and said the ar- rangement was the same. Thege was no objection on the part of the state and. the court saic-ie! would permit the visit, but cautioned the jury that what they saw was not | to be taken as evidence but that such observations were to be merely used to better understand the testimony. The judge went so far as to say that the jurymen should talk to no one, except the bailiffs in whose charge they are under and then only for in- struction. There was a delay of several min-| utes owing to the temporary absence of one of the bailiffs. Attorney Lane suggested that the jury go down with two bailiffs but the court again gave evidence of the extreme care which he has displayed in guarding the jury by refusing to permit it to go with- out the three officers. Calling the three bailiffs, John Morrison, E. C. Gregg and Thomas Mohler, the court instructed them to take the jury to the Larson sa- loon and permit them to enter the rear door and to inspect the wine room at the rear on the left hand side. The bailiffs were warned not to permit any person in the place to speak to the jurors or to mingle with them. At the Larson saloon the jurymen were taken in the rear door. At the time there werz but a few persons in the place and no one spoke to the men and after a few minutes’ obser- vation they left The jury left the courtroom at 2:18 p. m. and returned at 2:40 p. m. Nora Tedford, widow of the Cass Lake hotelkeeper and saloon who died several months ago, was then called as the second witness for the defense. She testified that Dr. Du- mas and her father have acted as ad- ministrators of the Tedford estate. Mrs. Tedford said that she had a talk with Dr. Dumas and that she con- sulted with him regarding her busi- ness affairs. On cross examination by Assistant Attorney General Janes she said her husband died Nov. 25, 1910. She said G A. Lundrigren was appointed her administrator. There was some controversy as to what the defense wished to have the witness state and after a whispered consultation by attorneys on both DEFENSE FOR DUMAS BEGINS sides with the judge, the testimony of the witness was cut short. Horace Lydick said he lived north of Cass Lake, and that he is a tim- ber cruiser and has been for 6 or 8 years, and has been employed as a forest ranger and that he has known Dr. Dumas for 4. years and that the doctor was doctoring his wife and child in March, April and May. He said he was in Dr. Dumas’ office in the latter part of April or first of May at which time he heard a conversation with a man answer- ing the description of Bert Smyth. | Smyth was called into the court room and was identified by Lydick as the person he saw in the docter's office, The witness said he heard Smyth say to Dr. Dumas to send him his bill when he got ready and that Smyth said, “I guess I am about fixed up.” Lydick said he was in Larson’s si loon here June 14, about 4 p. m. He sald he saw Dumas and Smyth enter, He saw them g6 down toward the end of the bar, and that they went into a rear room and that in 5 or 6 minutes the doctor came out and shook hands with him and that then and shortly afterwards saw him come Dr. Dumas went into the toilet room out and go back toward the rear and back again and that he went out the front door. ' On cross examination, Mr. asked: “Do you know Ole Ferguson?’ Mr. Lane objected and said Fer- guson’s case was not being tried. The court permitted the question to be answered and the witness said he knew Ferguson, and had for 11 years. He said he came from Maine and that he was 31 years old. He said he formerly was a bartender in Cass Lake and Bemidji. He said he also worked on a steamboat at Cass Lake. Said he was in Bemidji June 6, being summoned by a man who wanted to “get me off government land.” Lydick was cross questioned at length on what he did when in Be- «midji Jyne 1dtksand Mr. Jhnes elic- ited that he had visited many sa- loons and did not know where he iwent after he left McKinnon's sa- loon, had visited a dozen, more or less, and drank beer; though he was {in Dudley's and McCarty’s saloons the same afternoon. Lydick said he did not know Andy Danaher, the bartender. The witness gave evasive answers as to what places he had visited, but was repeated that he was in a dozen or more. He remembered John Sul- livan’s saloon, that he had not vis= ited, also Spider’'s place, and that he went into about all the saloons. Witness would not say that he was not in Albert Marshik’s saloon and would not say he did not drink with Marshik. . Lydick admitted he was in Jack Dalton’s saloon, probably twice, but could not remember that he had drank more than one drink with Dal- ton. Witness would not say he had not drank in Andy McNab’s place, Edwin Gearld’s saloon and some oth- ers. He had tended bar in Bemidji in 1901 and 1902. Thurston, whom he tended bar for in Bemidji is now in East Grand Forks. On re-direct examination Lydick said his only reason for visiting the saloons June 14th was to look for Hughie Cassity, and that he was not at any time during June 14th intoxi- cated. He looked for Cassity be- cause Cassity wanted him to get a claim for him in the Kithi lake coun- try. On re-cross examination witness said Cassity had no place in Bemidji where to meet him; didn’t know where Cassity was now. Did not find Cassity. Cassity has not been writ-~ ing to him. This was the reason the witness went into Larson’s saloon that day. At this point the court declared a recess. It is expected taking of tes- timony will be completed at tomor- row morning’s session and that the arguments will be made in the af= ternoon and that late in the day the case will go over into the hands of the jury. The defense has about 15 witnesses and it has been said that Dr. Dumas ‘himself would go on the stand, Janes HISTORIGAL