Bemidji Daily Pioneer Newspaper, October 10, 1911, Page 13

SECOND SECTION : VOLUME 9. NUMBER 139. THE BEMIDJI DAILY PIONEER BEMIDJI, MINNESOTA, TUESDAY EVENING, OCTOBER 10, 1911. PACES 13 TO 16 MINNESOTA | HISTORICAL SOCIETY. Sthey did not ask a guestion. | “And I want to say right here to IANES TELLS JURY WHY IT SHOULD i’ S o SEND MAYOR DUMAS T0 PENITENTIARYi::;z“zi;i ooy 5 story to a man who had ability and | the rock-ribbed honesty to'go through | it despite temptation that may have 'been thrown in his way. = Now, I say temptation that may have been | thrown because as you know in the In his remarks yesterday Mr. | change and you men know it. And Janes spoke of the two men who had his story stands in this case abso- leen in Dr. Dumas office when Bert lutely undenied. | case of the sheriff there was a temp-. Smyth entered He told how the Reached Out Evil Hands. itauon, but I will get that later. doctor had said that they were “two of the smoothest men in the coun-| “The defendant reached out his| " and how after these two men hands on that 15th day of April and| Should Be Proud of Smyth. into the Mike‘ “Now, then, this ecommunity and r left, the doctor had taken Smyth | tried to draw that boy to the safe and had shown him re-'Davis class; into the Ed LeClare | every law abiding citizen, every man volvers and mnitroglycerine. lclass; into the Smith and Brown 1 who loves his home and children, ev- lery man who respects his state and ha “And there they stand before the!class.” open door of that safe looking at the “Who is Smith and Brown?” asked | the government of the state, has rea- revolvers and nitroglycerine,” said Attorney Lane in an undertone. | son in his heart to say that that man Mr. Janes, who continued: “Smith and B;nwn," replied Mr. | did something that all of you are at - | Janes, “were the two yeggmen Who | this moment proud of. He told his If the Revolvers Could Talk. :the defendant told Mr. Smyth hfid‘lst:cry to Sherm Bailey and Bailey told “Where and in what towns in this|just gone to Bemidji and they Wwent | you how the story was told to him. state and North Dakota or Montana | the day before—but 1 will get that in| “At this point it may not be amiss had those revolvers gone? What ex-|its proper course. Eto refer to the fact that throughout plosions have occurred, and in what | “Now then. what does Smyth d0? |the examination of Bert Smyth, it towns would they be perpetrated injCounse] brought out from him lhatlwas insinuated by questions that he the hours of night as safes were as he looked at those revolvers lheiwas a part of this plot; that he was blown and property destroyed? |thought of Sherm Bailey flashed gy accomplice. The court will in- “For what purpose and for what|through his mind—that he Wouldisn-uc: you that as a matter of law, defense were those revolvers used? | tell him, man to whom he was Te- | Bert Smyth was not an accomplice in What trains may have been held up |lated by marriage, and it flashed into | this case. There is not in this case as they sped across the continent, his mind to go to the most eficient‘one single solitary bit of evidence carrying innocent mer and women? |man he knew. There was something!ma‘_ he is either a party directly or “And now, gentlemen, that is the in that boy’s bringing up or his edu- | jpgirectly for a wrongful act with | commencement of this case. ication, something, somewhere thatioue wrongful thought. | was every ounce a gentleman—that| «They tried to insinuate something Bert Snyth Tempted. !was a man, and 1 ask you, each of | apout i;surance: the evidence shows “Now, the iefcndant told Bert‘you. did you want him to do any- | ip this case that Bert Smyth had no Smyth how he could get two men to|thing else? Would you, if that oY | interest in the property, building or burn the building, and he told it had been your boy, ask him to do jpsurance whatever and it did not for what purpose? To get him to!anything at that time and on that | mean a dollar to him what happened. start out into this world along a occasion that he did not do? criminal course, if possible to get that boy, Bert Smyth, to become a law- As to Destroying Books. Sherm Bailey Gets a Bouguet. “Counsel insinuated something breaker and wind up in the peniten- tiary where all criminals ultimately | go. That was his intention—he thought he had him. He thought that their relationship had been so confidential that he could propose to that boy their plan, Mecause he had doctored him in a coufidential way. “Counsel thought he could break this boy down on the stand, yet he tere like a man and told his without a single material “Bert Smyth went to the most effi- about some books he wanted to get rid of—to burn. T |for the evidence that he had gm! |en to the stae. And wasn't that| |the cheapest $50 ever paid by the| . state to any man for his work? That : | appointment was made by Mr. Fuller- | | ton and Mr. Keller, by Mr. Fullerton { directly. It was datcd back and that | man became an officer for the state. T ask you was there anything wrong | | with that? Mr. Keller is every inch ‘a man and every inch a public ser- vant. ' If there was anything wrong | with ‘that, Chzrles Keller is guilty |of what wrong it is and you, gentle- | | men know it was nor wrong. | “Now, then, the state of Minneso- ‘ta enters into this tiansaction, and |under the direction of the state of | Minnesota, Mr. Smyth is sent back | (there and I believe he went back| |about the second day of June and | | tells the defendant ‘I am now ready | {to go ahead with it and defendant {says, ‘I don’t know where I can get| lany men. Two good men came ithrough here yesterday.’ | | . Writes io Td LeClare. | “Those men were Smith and Brown | !and they went to Bemidjif I think,% {however, he told Smiyth ‘I can get | {Ed LeClare and I will write him a| |letter,” and he went and wrote a let- {ter and he told Smyth that in that i letter he said ‘I have a job for you. | {1 would like to have you come here i |and do it and bring Mike Davis or| | some other gocd man with you.’ ! “Smyth says that the defendant threw the letter on the top of the! cash register at the Tedford hotel in Cass Lake, addressed to Ed Le- | Clare, Grand orks N. D., with a re- |turn ‘card to the defendant. Now, then, gentlemen, that statement| ,stands in this case absolutely unde-| |nied, that he was writing to a man | lat Grand orks, N. D., and asking a 1 cient man possible in that line, as Yes, and when he!man to come to Minnesota to do a you know an ex-chief of police; you wanted to burn his books he sent job for him and to bring some other saw him on the witness stand. Coun- the sheriff of the county and Norman good man with him, for instance Mike |sel for the defendant saw him and Helmer heavily armed to rrotect pavis,—Mike Davis the man he | the counsel througtout the course ofithem You would not start out 10 kpew, the man whom he pointed out | this case has thrown insinuations of | burn bocks under those conditions.|to Dr. Stanton on the street and that | |another Bailey Yes gentleman of| Counsel said again to him, after he|evidence is corroborated by undisput- | {the jury, but when that man came | thought he had him in such 2 condi- | gpe authority, by a man who repre- | on the witness stand the attorney for ; tion and so frightened at the EXPOS- | { j:ne defendant had a chance to unfold |ure of the disease that he“had, ‘where | | whatever was rotten but despite this are those books?’ Mr. Smyth said, T " Continued on Page 13. In Jewelry |=:@ow Some Remarkable Values and it should be taken It’s a sale remarkable not alone in value giv- ing but also in selection. better or finer stock sh North Central Minnesota No It _Is’Not Too early to make b we have pot all our hol a selection of gifts that will be sold “Market Day” at prices that should he of the greatest importance to those who wish to save on their purchases. Thousan To choose from piece of the'latest design. There are Hat Pins Lockets Necktie Pins Rings Diamonds Watches ... ~ Chains Brooches Scarf Pins Ne Barker's Drug THIRD STREET, BEMIDJI, MINN. {don’t know where they were taken,’; |and of course he doesn’t know wheth- | |er those hooks went to Canada, or| | whether they were thrown in the cis-| This man had | nothing more to do with it then you! land I. By the insinuation of tie counsel an effort was made by Smyth | to burn the books, when as a matter | of fact he had no interest whatever | in them. The Doctor Tells of Shevlin Robbery. | ~“Now, then, that boy came back[ |and told the story to Sherm Bailey | and Sherm Bailey told him to go back | and get the names of these men and a couple of weeks after he drove back | and the doctor tells him about other! Will be found in our store “Market Day.” We advertising 25 per cent dis- the farmers city folk alike on that day advantage of by many. are count to and criminal acts but he says he isn’t| ready yet. The doctor asks him‘ about his insurance and Smyth says, | T am not yet ready.” The doctor tells | him about the blowing of the bank | at Shevlin or attempted blowing and describes in detail to him. Tells him about a fire at Superior, a department | store fire there and how it was a hired job. There never has been un-| folded to a jury of this county or in the state of Minnesota a story of | moere criminal possibilities than you | _gentlemen have here iistened to and} it came from the mouths of the state’s witnesses. I “Smyth returns again and tells lhe: story to Sherm Bailey. Now, then, | gentlemen, there has been on thisi istand two men,—Mr. Bailey and Mr.! Smyth and their stories stand | lutely undenied. Now, these | were reported at St. Paul. to Mr. |ler, the fire marshal, Mr. Fullerton, | his assistant, the attorney gemeral. State Eaters the Case. They now become a part of the at- tempt of the state of Minnesota to bring before the bar of justice this perpetrator of crime. George T. Simp- son and Mr. Keller now become a part of the plan to gei this man from whom the first suggestion of crime came when he tried to inveigle this man into crime. From that time on nothing was done that the men in St. Paul were not fully conversant with nothing done not under the di- rection and supervision of those offi- cials of this state, men whose duty it is to bring before this court the men who are guilty of crime and it is true that this boy Smyth became a deputy fire marshal. It is likewise true that his appointment dated back but, gentlemen of the jury, that ap- pointment was dated back, as Mr. Keller told you, after the matter had been discussed About Smyth’s Appointment. “The state wished to pay Smyth something, cail it $50 or $60, There never has been a own, even at full prices, in oliday selections. Although liday stock at hand we bave ds of Pieces and each individual Knives Forks Spoons China cklaces Cut Glass & Jewelry Store Postoffice Corner ON MARKET DAY HOME MADE CANDY---FRESH and PURE =--=-OF EVERY KIND YOU CAN THINK OF ICE CREAM, HOT i and COLD DRINKS will be served at all times. Come in, it’'s a fine place -to bring the children and women to rest. Plenty of room and chairs to sit down. Candy Kitchen CUST BROWN PR T Bemidji ANNOUNCEMENT EXTRAORDINARY | For Market Day, Thursday, October, 12, Only Besides our special bargain counter as advertised, as a special induce- ment to do your buying on that day we are going to give a special dis- count of 25 PER CENT on all purchases except cigars and soda. Don’t fail to visit this store whether you buy or not. your rest room and meeting place. Make this store E. F. NETZER DRUGCCIST Bemidji, Minn.