Bemidji Daily Pioneer Newspaper, October 10, 1911, Page 15

TUESDAY OCTOBER 10, 1911, 4 o’clock Wednesday afternoon.’ The hour and place was fixed, the tele- phone records prove the call from Dumas to Smyth at Puposky. The “state is still a party to this trans- o action. The fact is important. Mr. Smyth comes to town on Wednesday morning, the 15th day of June, and meets his father. Wasn’t he a gen- tleman? You know him. I will ad- mit, personally, that the only thing against Mr. Smyth was the fact that he has spent a good deal of his time in Mr. Bailey’s office. “If they had tried to get your son and turn him out a criminal wouldn’t you have taken a little interest? And wouldn't you have had some little interest in what was going on? And Smyth did. I will admit that he was proud of it too, because he had rea- son to be proud that from that boy’s mother he had drawn some qualities that could not be destroyed and would not permit him to be entrapped into a criminal life. “Now, then, he comes in and he sees his. father and his father gives him $100 that the old gentleman re- ceived from Sam Fullerton, that Sam Fullerton got from the Second Na- tional Bank in St. Paul that came and was charged to the fire marshal’s department. Identification of it was taken and given to Bert Smyth for the purpose of giving it to this de- fendant,—a doctor bill, the honorable counsel will argue. Where is your doctor bill? The defendant sets out to collect his doctor bill at the same time that Mike Davis was in town. The defendant phones to Smyth at the same time laying out plans for the Puposky affair. Where is your doctor bill? And to support state- ments they brought in whom? A man by the name of Lydick, a man who had money to buy land. He spent a whole day in the saloons of Bemidji and, according to his own testimony, spent 20 minutes in Larson’s saloon. loons or what he saw ‘and ‘yet that man remembers the slight detail of a remark of this defendant. They Produced George Stein. “They then producé.} George Stein. All he testified to was about a little matter as to the time of day he met the defendant on the corner. “Now, we have the defendant in town on the 15th day of June last. Smyth said that he saw this man Du- mas on the street before he met him in front of the Bank saloon and the defendant said, ‘T have had a streak of good luck; Mike Davis arrived in town unexpectedly on a freight train.’ Munhall Gets Behan. “Now, Bill Munhall asks Martin Behan to come to Bemidji and Mar- tin Behan comes to Bemidji. He came here for the purpose of getting a job. I have nothing to say in the defense He could not remember the other sa- absolutely of Martin Behan. His life has been a little different from the life history ‘of this defendant. The conditions surrounding it are some- what harder, somewhat harsher. ‘He came here for work with his wife and expected to get a job. True, he had worked in places where these men knew him. Dumas knew him, so Martin Behan says, but there is in this case not the slightest bit of evi- dence that Martin Behan himself had ever been connected with any crim- inal transaction prior to this time. He came here for work. He found he could not get any but that is not the purpose that brought Martin Be- han to Bemidji. The defendant did not bring him here for that purpose. He did not go to Cass Lake and take work in Tedford’s saloon. He start- ed him out on an entirely different course. They Go Into Larson’s Saloon. “About 4 o’clock on Wednesday af- saloon,—Smith and Dumas, Larson tells you. They ask for a room. Du- mas had a couple of men along with him. Pretty soon along comes those two men, Mike Davis and Martin Be- han. Mike Davis goes in first and then Martin Behan. Now, then, for what purpose was the defendant at- tempting to collect a doctor’s bill? Was Mike Davis there to assist in collecting that doctor bill? Why did the defendant bring in Mike Davis at that meeting? Dumas knew this man well enough to wave his hand at him. Behan s Story. “Martin Behan, poor Martin Be- han. The saddest thing in all this case, the veil of sorrow that touches the hearts of every mother. He tes- tified at the preliminary hearing, so weak that a physician had to take him from the stand, with a disease that few men recover from, taken care of 'by the state later and sent to a sanitarium at Pine City. There is to it. was not right. not right and there is the record for tin was intoxicated’ and asleep in - John Larson’s saloon and they set about it how? “To get the sheriff of this county do something that he told you That he thought was I don’t believe I will read to you the' cross examination' of Alvin Ha- zen, promising to help him somehow and somewhere if he would testify that Martin Behan was drunk and went to sleep in Larson’s saloon and didn’t know what took place there. “Gentlemen, this is an American trial. words that are clear to you their con- duct and I am not going outside the record of this case either. know Al Hazen Now then, that’s why I tell you men that Martin Behan was not drunk in John Larson’s saloon and did not g0 to sleep in there to such an extent that he did not know what place. The sheriff has told you in You who know that’s true. took ternoon, these men go into Larson’s a sad story, a man who weighed 130 pounds at that time and now weighs about 160. Replies to Talk About Sister. “By the way, gentlemen, lest I for- Cites Revolver Episode. “I want to teil you another thing to show that Martin Behan was not intoxicated, that is his testimony rel- ’* get, you likewise saw his sister, a|ative by that rc-clver. Martin Be- 1%%%5%%%323282 E 5 ggg% DLW w1 o Eg%%%% < woman. The counsel insinuated that|han says, and so did Smyth, that R TR i 28 e es or~oNH® G had taken her automo-|Mike Davis said he wanted a revolver R Sl S o John Benner had taken her autom ga = . : fl'- L “; d o« R bile riding and would desire to leave |and this defendant said that he would o8 < - : (o] in your minds the impression that|go and get him a revolver. Martin Saw (72} she was something that she ought|Behan says he was gone about 15 E.E 4 S o u not to be. You saw her on the wit-|minutes and came back—that the de- b= g . S :s -8 . ness stand. She later appeared in|fendant said the gun cost $25, and - g 8 g & q; % 19 z this case in another connection. Mike Davis said he would not pay i 222 @5 ® g P 2 “The counsel will argue that Mar- | $25 for any gun and that Dr. Dumas . : E 1 g = g 3 a8 —-— tin Behan’s testimony was some dif-|took it hack. Now, then, how did 2 a5 .2 H i - | Martin Behan know how much that o 23 = o .2 ) ferent from his testimony at the pre. - Ei ) ‘S wi ,§ E 2 2 s 2 ; 3 E Iliminary examination and here. At|revolver cost uanless he heard it. Mr. : K ofE® - S © g .8 - a 5 : n least the counsel did not prove what|Battles says that Dr. Dumas came i % H g9 ce8% :F:§:8.¢¥ — his testimony was at the preliminary |in and got'a gun and that in about w8 . - = = - g « cE B - examination. They have not proved |15 minutes he brought it back and $ * g & o E 28 F - -8 :: , Q to you that the testimony was any|&ot his money, on the plea that it 5 . ©F . B 545 c.®°%8 =& - B — different than he gave here on the|didn’t suit the man for whom he D s B <R T uE 2 '8 2 :Hd q * =g E witness stand. He said to you, ‘I|bought it. Now, then, what was the 2ol I BFfsu.:' ' B wd 282,89 . & & . could remember better then than I|name of the man it didn’t suit— - 2 2 . H-.§8: . Qa8 B4 IE e s m 5 % . .2 = X - =] 58 - AZe B o g 2 s . 3 can today’. He told you the abso-|where was he? Martin Bz*:han said i iim e eng L ShEEErpe w°o 25LS 2% P 0 RS Q [41] lute truth. The counsel will insist|the revolver did not suit Mike Davis ® I CE oL TE L £89¢2¢ SE SRAETAS tiwas 8 that he was intoxicated at that time, | and that's the man it didn't suit.” @ a .k . w oRAagaa o @ C = g2 B8 e EEe L 0L 83 Fgodd. 8 ig o that it was important to his client o| A summary of the remainder of Mr. 58 g - 53 2 & E g8 £x5 25 §,8g@2 EE Pl s know. Genlemen of the jury, it was|Janes remarks from this point were My i1 aSES 255 $hEwg333 83 £2 g”_gm B $uog o “ important to know that he was drunk | Printed in the Monday issue of the 55w .25 525328 w S o 5EERE 32 238 .%90owg il he and knew nothing that went on|Ploneer. S8 w8233 8%° S o g e 582 Odwm»mo © e £23,885:8225 E.f3383 58 2BRECis sssass Hhere, P 58 @ = © nS -] " O 5 g. =88 SEmRs g 5 ] iE SR 2888 3] g §§§$§g e = 25 E.S 28 Zagage The Shenff at unkley's. Biliousness is due to a disordered - =1 —_ @ o g Sa \: E 3 i @ g ] g Tg8mmunan a ., *So@©8 o 28gse 3 “We know it because he took the |condition of the stomach. Chamber- P S8 g How SngEa®E E 5 S 8 % S 6w S e sheriff of this county down at Funk- |lain’s Tablets are essentially a stom- S 2228 8ee 2ESEES g & « 8§ 5 SH5Eg icine, e T R - - SORE=E= B R e 4% = R R z ley’s house. It was important and|ach medicine, intended especially to they wanted the sheriff, so the sher-|act on that organ; to clearse it, iff says, to do something that was not strengthen it, tone and invigorate it, e ———————— right. Now, Mr. Hazen told you that | to regulate the liver and to banish as it was important to his client and | biliousness positively and effectually. s P . - °' upon your minds to prove that Mar-| For sale by Barker’s Drug Store. el oifi & IS8T TETES ShHEE x¥¥NxEAXRErxxk 2SS N [ = e S22 —s& T JRE 25883 . 288+ «x X - T — ) RS 528 o Twe SEESE ERETR ¥ ..o o V- ol & o 8 L Ed ono 80 a2 s 9 = ] . 5d% 308 B PHEE BR3ET S8 x 58 zeE 5%y ‘ FOR ONE DAY ONLY 238 3See B3 28 % 7 S x p.rufy Box — FEE S8% B aTgs HSgmE o o9 23 g 3 [ $55 5rd 2,838 S9f3s 8gdE . gfggal gfl w O S OO Q0 o - o - I =) e 5 3 e O o D= i o ¥ e & - x ” D PR L . BEZ EEx E8cLR faduy Eugl L ziless il 208 EFL 2% .88 8§83 Eev oM s ] 5 Soa= B = a0 B ] L - - 2 2 ¥ S o E = 8 S Sgf FRg Cs8ES EERCENSEEusNB iEigz n5) [ g8% Eof S3xFS 3Egd.H SpmrxgiesF: Tis B SeE BES 2E£8°.4 0 2E28E 4{;38‘542 BYELE L¥x bl BFE B°2 H52838% EfSan RS SWMS yd 288 S5y :E,:, Res 'S"‘Ea.c: - 825?96":’&03 MES g ¥° o) ’ [ §SE 2% SpFEEC 3 EeE e e ¥ mEw GRS SE¥ 4 2eg w593 BE7F E ASREg2gTELBEE=IEf G5, g = 258 Hf3s5580s mgfisngsaggSg*gngv—ge >,§4§_ Fas SESERL>ES B8R RE edE S (AT 0T oS x : : HgE A SEalosSh 25 'S HE o 8 oad Hgs® o @l 3 D wES o [ = 8 < = =3 =1 AL R 3oR 5858 Mo S SXTSES n D 5. ¥ T 28E EESfc SRR P ERERL S 2 g B85, B0 = = =} A @ 123 3 [=] ] = d o §>& E%:g_&_gégm&%Egg,ggn;aaigéa‘ggfizé ;;%76_5“:’: OFFERS THE FOLLOWING DISCOUNT 28 g i Shp e RES BETE 28 Il‘ 2 @ » = =3 ST §E’=p‘u°§fl.5§3d2:3g“’g"s¥q—-§38“%,3‘3:‘% ze 8 HaauRZ»88Y _figmflaauu Z28a2g8%2al 228 BoE L onicSryooii.E8 s ECET S RaEx 2d Besey e>g o~fi”§°§:“ S ,,wu,ug._‘u,c@* o5 RESEEEgEpaensEE8Hegax Z88E8agsa ] S g ® D = £=) —_ E 5 <} @ S = o e X g 2a m=;§fi=~=’“"’=35°°~»§;§ B o BavEEZEY o4 2 85 ° = g BoBx PR 823 sSE, ppS88 BRE%8F Pro.Pgel ¥ fezpaiil Ei3 FoS B S8 c EB R P Lo 8 2aS ] & S0 x oo o ¥ S2EE27cegsE i el A%, ax "fpazocix =33 20 per cent discount on all Brass and eSO AR pE SRS EREANESR 8 8 S2E88% gy add =1 2x=3 * o 5%E 558 § Ef. 28FEE E8:s x =93 Iron Beds SeEeS HAMAo S Swe HEFAH SOREXXXXXXXXYXyxx <<< = N (/)] A 2-inch post Brass Bed, regular $12 20 22442 O 283388 £33333 o value, for only $9.60. - O 235723 00 2 ASYHdS Cromdo - ° - S av o - =3 S W e & e W e e - s QN 27 ,°8 «F 2 : bl s s S S = 5fg2x2 T = 15 per cent discount on all Dressers, 2 2 g8 Bn = z 58 8% = §2:9848% o 5 Tables and Buffets. o6 8. 8,258 [ v PY B399 \_3 % §a2 . 255898 S35 & . 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