Bemidji Daily Pioneer Newspaper, October 10, 1911, Page 6

'DUMAS GUILTY; GASE GOES THE BEMIDJI DAILY PIONEER Published every afternoon except Sun- day by the Bemidji Pioneer Publishing Company. @. E. CARSON. E. H. DENU. F. A. WILSON, Eaditor. In the City of Bemidji the papers are delivered by carrier. Where the deliv- ery is irregular please make immediate complaint to this office. Telephone 31. Out of town subscribers will confer a favor if they will report when they do not get their papers promptly. All papers are_continued until an ex- plicit order to discontinue is received, and until arrearages are paid. Subscription Rates. One month, by carrier One year, by carrier. Three months, postage paid Six Months, postage paid. One year, postage paid.. The Weekly ?lnnonl‘. ht pages, containing a summary of t e news of the week. Published every Thursday and sent postage paid to any address for $1.50 in advance. ENTERED AS SECOND CLASS MAT- TER AT THE POSTOFFICE AT BE- MIDJI, MINN., UNDER THE ACT OF MARCH 3, 1879, AT ONGE TO HIGH COURT (Continued from first page). disease—that he sent it by express and yet that dirty liar would have you believe that Dr. Dumas didn’t know where he lived until the 24th day of April. “Gentlemen, on that sort of rot my distinguished [ricnd would like you to send the dcctor to the peniten- tiary. Why, it is the most outrageous outrage I ever heard of in my life. “Now on comes Mr. Fielding and Mr. Keller, and Fielding said the first Pinkerton detective was first em- ployed in Apri: and that his name was Johnson. I have no doubt but that testimony was true. Now, then, we have them lLeginning in April, one of the five Pinkertons that was em- ployed all the time afterwards. Sherm Bailey, the Great Detective. “Now, then we have the great de- tective, Sherm Bailey—the king bee detective—the man who could give the Pinkertons cards and spades and big and little casino and beat them to death with the aces. Now, here were all these detectives who were supposed to have known about this terrible crime. Bertie had discovered that Dr. Duma: was going to com- mit. Mark ycu, here were five Pin- kertons—here was the king bee,’ Sherm Bailey, and there appeared in close connectirn the other Bailey, Mr. Thayer Bailey and Mr. McDon- ald. Mac was right there, waiting at the door, and they flocked around | him like flies around molasses. All| these people had been notified that Dr. Dumas was going to commit a| horrible crime, going to burn some- thing down or up and here were all those loafers who had been put on. I want you to take horse sense view of this. I know where you will land. They had all been posted. The doc- tor was going aleng like a gentleman relieving pain and saving lives—per- forming his duties as a professional man. He dida't kvow that he was| walking on a bomb. These detec- tives were onto the job. Admits Telephone Talk. “So they set up the job that Smyth and Dr. Dumas should have a talk over the telephone and I have no doubt that 1t occurred—the conversa- tion when Dr. Dumas called up Smyth and told him t:at he wanted to meet him here in Bemidji. Now, I want you to see what a peculiar state of affairs exists here. “Bertie knew if he isn't a dirty liar, that Dr. Dumas was going to meet him on that particular day. Did Bertie conier with any detective? Did Bertie go and tell the Pinker- tons that the doctor was going to be here and meet him that day? Did! Bertie even go to Sherm Bailey? Do you gentlemen know that down in your hearts as T know that that whole business is a dirty put-up job, because if there was one word of truth in it wten this man and Dr.| Dumas went iuto Larson’s saloon, | there was an opportunity to have a detective on :ither side, who would have nailed Dr. Dumas. Ridicuies Smyth’s Plans. “Did anyone try to capture Dr. Du- mas except this self-confessed per- jurer, and a man who said he was willing that murder be committed if he could get $100 a month from the | state. Now, then, has anyone saidj that Bertie asked tliem to follow him. Don’t you know that if there was one single word of truth in what Bertie'l said on this witncss stand that they would have brsught in a man to tes- tify? Any goo.l detective—I am not referring to Sherm Bailey—the Pin- kertons, they are not fools, they would have watched him and fol- lowed nim inte the saloon and list- ened to the convercation, had such a thing ever existed. You know as well as [ that jL never did. “Did it ever strike you as being a little singular that Bertie thought that his unsupported statement ever would conviet. He knew that these robbers wzre liable to he killed and possibly some of the officers. Kill Fielding, Spare Sheriff. “Brother Janes leads to believe that it didn’t matter if Fielding was killed buf. he didn’'t want the prec- ious sheriff to be killed. T don’t know why they wished to kill off Fielding. He appeared t» me to be a very de- cent genileman. He has been draw- ing his pay bhere, the Lord knows how long. Of cou:se,;he didn’'t say anything on the stand, because he had nothing fo tell He and his com- rades have been infesting the halls of this court house for weeks—I don’t know who had a right to hire them but you will be cxlled upon to pay them all right. “Now, let’s get beck to the Larson saloon. No detective appeared. There was the doctor and someone they called Mike Davis. There was Ber- tie, no doubt cf it, and there was Behan in that room. I may as well take up this end of the proposition We’'ve got to eliminate Behan. “I never was in Bemidji before in my life until { came here to try this case, to aid Judge Spooner and Mr. Andrews, and naturally I wanted to know something about the people here and sometning about the clicks or factions thur might exist. Much to the regret nf decent people those things will occur in community ties. In making thes: inquiries I came to the conclusion unaided that one man I didn’t want connected with this case and his name is Hazen, the sher- iff of this county. Hazen Didn’t Look Good. “Now, charga this to me individ- ually. When I got my eye on Hazen he didn’t look good to me and I sev- ered him from the treasury of Bel- trami county. Now, you remember I told you about how the calves hol- ler when you take them away from the milk, and didn’t Hazen roar when he was testifying! You can’t get away from 1t. He was not content to get even because I removed him, but thank God, I iusisted on it.” McDonald Interrupts. At this point Attorney E. E. Mec- Donald interruoted and asked the court to admonish Mr. Lane to dis- ‘continue his remarks along this line as there had oeen no testimony to show who had removed the sheriff. “I hesitated to do this,” said Mr. McDonald, “but here it seems to me We have reached the point where I ought not to aliow the matter to go further.” The court Leld there was no evi- dence on this particular point. Continuing, Mr. Lane said: Brands hazen Untruthful. “Now, gentlemen. T can readily un- derstand why Brother Hazen is not in love with me, and so can you. We all undersiand that perfectly. Hazen went on the witness stand here and testified, didn’t he, and not con- tent with telliug what was not true he wanted to sl:ng dirt and assail my character—he wanted to bring me down on a level with him. And didn’t he by nasty, lusinuating, dirty little flings, make you think I had made a suggestion to him that was not en- tirely proper? “I Pinned that Sucker.” “I pinned the¢ sucker, and he de- nied it, of course. I want you gen- tlemen to remember that we have Hazen nailed—nailed, and why? Now, I haven': been asleep all the time—I have paid a little attention to this lawsuii, and knowing that Hazen knew he was telling an un- truth; knowing that J would be able to prove it by someone other than myself. Says Funkley Got Convictions. “Now, then, Mr. Hazen was called down to Mr. Funkley's house. Mr. Funkley, Hazen and myself had a conference thece. Mr. Funkley told you about tnis conference. Now, Mr. Funkley was the county attorney of Beltrami county when Bertie had this dream down at Cass Lake. He was hired by the taxpayers to take care of the interests of Beltrami county so far as the enforcement of law was concerned, and 1 can say truthfully that he procured more convictions than any cther county at- torney here, inciuding Mr. McDonald’ during their whole term.” Attorney McDonald sitting at Mr. Lane’s elbow, said something in a low voice, which caused Mr. Lane to come back with: “That’s what you say, Mac—I am talking about what the records show.” Turning to tne jury Mr. Lane re- sumed: “Fullerton says he went to see Funkley. What they said I don’t know, nor do I care, but I have a per- fect right as you have to speculate on the probable thing that occurred between Sam Fullerton and Henry Funkley. Funkley 1s From Missouri. “Now, when Henry Funkley heard from Sam Fullerton this tale of woe do you think that Funkley was fool enough to plunge this county into a big debt on a statement made by Bertie. And do you think if Henry Funkley was trying this case that he would have to have McDonald and Bailey attached. Wouldn’t Funkley do just what any man of you would do. Fuukley is from Missouri—he wants to be shown. Funkley would have prosscuted it himsgelf if he had taken it up at all. Do you think that Sam Fullerton wanted that. Nay, nay, Pauline. It wouldn’t have giv- en him a chance to dip into the treas- ury. “Then who is that Bertie and Sherm Bailey goes to—Bailey, Smyth & Co. 1 made a mistake here cross examining a witness here one day in this case, and I want you to under- stand that this is not the state of Minnesota vs. Dumas, it is a case of the survival of the gang.” Janes Protests. This orought As:istant Attorney General Janes to his feet with a pro- test, but tne court refused to inter- fere. Resuming, Mr. Lane said: “Now, gentl2mnen, T have made use of the word gang—that covers a mul- titude of sins in this case. It is a funny thing but the testimony shows that Mr. McDonald was formerly at- tached to one of the Baileys, that Smyth is a brother-in-law of one and a second hand one to the rest of them. Old man Smyth, connected with the Crookston Lumber company, and clerk of the municipal court. Mr. Thayer Bailey was appointed by Sam Fullerton, who had no more author- ity than Mr Wagne who sits on this jury. You knew a skunk smells just the same—you can give him any old name. ‘fhat combination who were at the financial crib were eating up the dollars. People who were inter- ested and only such people. Isn't it strange ‘hat the first human being that Bartie weat to when he came back from Duluia was my friend E. E. McDonald. T haven’t anything against Mac— he is a good fellow; he wants to create 2 wrong impres- sion here. He had Bertie here where he was willing tc swear to anything on earth. He was prepared to do anything that the state told him to, and still Mac didn’t have him so that he would siand without hitch- ing. Yet somenbody said there isn't a combine herc. Isn’t it odd that these people stick so religiously to- gether. They are -fastened—they can’t be removed either one way or the other. Charges Illegal Procedure. “Let us trace this right along a ways. Let’s take a little trip from Bemidji down {o St. Paul but before we go there, lot me call your atten- tion to something that has never oc- curred before in the state of Minne- sota, and by the way, it never will again, unless someone expects to get criminally punished Here are the exhibits offered in this case (holding up a letter authorizing the appoint- ment of Rober., Smyth as deputy fire marshal). If your county auditor ap- pointed a deputy and he appointed another cdeputy-—why he can not do it, that’s all. And yet Sam Fullerton would have } believe that he got that idea from Thayer Bailey and if so Thayer Bailey should be called ‘Necessity,” for necessity knows no law. He had no right on earth to appoint Bertie to get $69 he wasn't entitled to out of the treasury of the state of Minresola. “That isn’t 21!, will you gentlemen tell me why Sam Fullerton had a right to put his hands into the treas- ury and pay it out for sending a self- confessed thief and robber to be cured that they might have him here? If we are going to run a sanitarium let us send the pocy women, or the poor children, women or honest men. State Pays Behan’s Expenses. “Nor was thar all—they sent him to Minneapolis and St. Paul; sent home to the Markham hotel at $7.50 a day when you gentlemen don’t have any such treatment. “Now, gentlemen, you must take into consideration the appearance of witnesses on the stand. A witness’ actions is often one of the strong- est things you have to tackle. You remember how many times Bertie turned his head and couldn’t look at you. 1 don't blame him. He is so low down no decent woman would speak to him. Do you wonder that he held his head down—do you won- der that when I asked him to look toward the jury he could not? I speak of this that you may remem- ber how all these witnesses testified and how Bertie testified. Holds Up Elder Smyth to Ridicule. “You will also remember that old man Smyth said that the only rea- son he ran to Bailey’s office from one to five times a day was because he believed in good citizenship, but he admitted that he had lived here for 12 years and that he never had raised his finger for decency in Bel- trami county. You want to remem- ber these things. He said, ‘For that and other reasons,” and when I asked him what other reasons he coiled up like a grubworm and said, ‘that’s enough, isn’t it?” Good citizenship indeed. I thought he must be as pure as baking powder, yet he never so much as raised his finger toward en- forcing the law, until Bertie got his foot into it. It was a case of Bertie to the pen or somebody else to the pen. “When we diverted here we were (Continued on Page 12). ice for prudent men and women. It Don't trifle with a cold is gocd ad- | REST AND HEALTH TO MOTHER AND CHILE. o MgS. WINSLOW’S SOOTHING SYRUP has bec: may be vital in case of a child. There :(%c'lrfi.xr:?s“ g{’xz‘g{filrméuklsggknégmwvs < Is nothing better than Chamberlain’s | SEETHING, with PERFECT SUCCESS. SOOTHES the CHILD, SOFTENS the GUMS Cough Remedy for coughs and- colds | ALLAYSall PAIN ; CURES WIND COLIC, anc i8 the best remedy *for DIARRHGA. _ It is ab- solutely harmless. Be sure and ask for “Mrs. Winslyw's Soothing Syrup,” and take no othe, «ind Twenty-five centsa bottle. L m. BEATRICE MILLS. Librarian. in children. It is safe and sure. For sale by Barker’s Drug Store. 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