Bemidji Daily Pioneer Newspaper, October 11, 1911, Page 1

VOLUME 9. NUMBER 140. JURYMAN PLEADS MERCY FOR DUMAS First Voted for Acquittal, But Ex- plained He Wanted Recommenda- tion for Clemency. VERDICT HELD UP HALF HOUR Three Ballots Taken, But Agreement, Could Have Been Reached in Ten Minutes. JANES BEFORE GRAND JURY More Indictments Expected to Be Re- turned Involving Others in Black- duck Affajr. “While it is true that we took three ballots, we could have arrived at a verdict within ten minutes after we reached the jury room,” the jurymen who on Monday night deliberated the fate of Dr. D. F. Du- mas, who was found guilty of an at- tempt at arson. ~It was like this,” continued the juryman. “When we retired to con- sider the verdict, the first thing we| did was to elect Mr. Gould foreman. That was quickly done and then we took a ballot as to the guilt or inno- cence of the defendant. One Voted for Acquittal. “The first ballot stood 11 for con- viction to one for acquittal. The man who voted for acquittal imme- diately spoke up and said that while he had indicated that he thought Dr. Dumas was innocent, that wasn’t just what he meant; that what he wanted was to have the jury recom-! mend to prisoner. “We argued the matter biTefty with the court mercy for the him and finally decided to take a; vote on the question-as to whether we should not recommend that he be shown leniency. On this ballot there were three jurymen who vot. ed in favor of recommending mercy and nine who voted against it, Agree Upon Final Verdict. “Then we took another ballot on conviction or acquittal and every juryman voted for conviction. All that happened in a few minutes’ time and as we were afraid we might be accused of rushing the thing through and not giving the case due consid- eration, we held up the verdict for tully half an hour. Then we sent out word that we were ready, and you know the rest. “At no time was there any question in the minds of the jury as to the preponderance of evidence against Dr. Dumas—that is after the state had rested. The defense offered no witnesses, except to say that the de- fendant enjoyed a good reputation. That was all right as far as it went, but it didn’t go far with the jury. Closing Talks Counted Little. “As to the talks of the attorneys in summing up the case, it isn’t for me to make comments, but nevertheless it is a fact that what they had to say had little influence with the jury. We were guided by the evidence and not attorneys’ talk.” Attorneys for the state were well satisfied with the quick work of the jury, but are reticent pending the decision of the supreme court. As- sistant Attorney General Janes is still here and today appeared before the grand jury. Other Indictments Likely. This is taken to indicate that there are to be other developments and that there may be still other indict- ments returned, probably against per- sons not heretofore directly men- tioned in the arson cases. It is un- derstood the burning of a building at Blackduck is involved in the present move. Freeman P. Lane, the Minneapolis attorney who assisted with the de- fense, left last night for his home in Minneapolis. Mr. Lane’s closing re- marks to the jury continue to fur- nish material for much discussion. Doctor Goes Home. Following the return of the verdict Monday evening, Dr. Dumas returned to Cass Lake and will continue his work as a practicing physician and mayor of the town, pending the de- eision of the supreme court, which probably will not be known for many weeks, The father of Dr. Dumas, who was here during the trial, has returned to Minneapolis. We can’t all be rich. If we could where would be the fun? said one’of { R R R A R R R R O © OUTSIDE NEWS CONDENSED. © CPOOOOROPPOOOOOO®® Cornelius N. Bliss, 78, secretary of interior ‘under McKinley, is dead at his home in New York city. Hugh. Robinson, the aviator, will start Friday at 8 a. m. on an aero- plane trip from Minneapolis to New Orleans, United States Senator Jeff Davis and Miss Lela Carter of Ozark will be married at the home of the bride tomorrow. Portland, Ore., will welecome Presi- dent Taft, who arrives early this ev- ening and will remain until after midnight, when he will leave for the south. Arguments in the Minnesota rate | cases, involving the two cent passen- | | ger fare, which were on the supreme {court dock for yesterday, have been postponed until Jan. 8. John R. Walsh, the Chicago bank- er serving a term in the Leavenworth federal prison, has been paroled by President Taft and will be given his | liberty in the near future. The forty-third anniversary of the Cuba's independence, which lasted from 1868 to 1878, was generally ob- {served throughout the republic as a| | holiday yesterday. ! Senator Moses E. Clapp has accept- ed the invitation of the Young Men’s i Republican club and will occupy a| |seat on the stage of the Minneapolis | |auditorium during President W. H. { Taft’s meeting, the evening of Oct. 24, The 29th annual Congress of the Salvation Army in Canada opened at; Toronto today with a rousing wel- come meeting in honor of Mrs. Bram- well Booth, daughter-in-law of the general, who is at the head of the social departments of the army’s| work and who will preside through the entire six days gathering, assist- ed by Col. Mildred Duff. On Sunday afternoon Mrs. Booth will give a Special Social Address in Massey Hall and Lizut. Governor Gibson will occupy the chair on that occasion. 1ne investigation into the rea- sonableness of the rules and regula- "tions of expre#s‘ compaiies” for the'| transportation of explosives, inflam- mables, and other dangerous articles, which was ordered by the Interstate Commerce Commission about two months ago has begun at Washing- ton. Complaint has been made to the Commission that the regulations are unreasonable and unduly burden- some upon shippers. The railway regulations were prescribed by the commission itself, but it is alleged that they not only work a hardship upon shippers, but that; in certain instances, they are practically pro- hibitive of shipments. The hearing opened today will include an inquiry into the regulations of railway lines 1in handling similar commodities. Prepared to renew its fight for a siupendous inland waterway system from Lake Michigan through- the Mississippi river to the Gulf of Mex- ico, the Lakes-to-the-Gulf Deep Wa- terway Association will begin its sixth annual congress in Chicago to- morrow. Secretary Thomas H. Love- lace has advices indicating that nearly 10,000 delegates and visitors will attend the gathering. Among the governors to attend are John Burke of North Dakota, Charles S. Osborn of Michigan, Chester H. Al- drich of Nebraska, Joseph M. Carey {of Wyoming, E. P. Noel of Mississip- pi, Augustus E. Willson of Kentueky, C. L. Blease of South Carolina, B. F. Caaroll of Iowa, Emmett O’Neal of { Alabama, J. Y. Sanders of Louisiana, Herbert S. Hadley of Missouri, and Charles S. Deneen of Illinois. An in- itial minimum of 14 feet depth is advocated for the Mississippi river and its tributaries with an indorsed desire for a final depth of 24 feet. Jacob and Joséph Goldberg, al- leged to be leaders of one of the bold- est and cleverest bands of yeggmen that ever operated in America, are on trial at Boston for the robbery of a jewelry store early in 1910. Af- ter the robbery the Goldbergs and a rested in New York with a quantity of the stolen jewelry, it is said, in their possession. =Before the extra- dition proceedings were concluded the three men were released on bail and promptly fled to Europe. Inspec- tors of theé Massachusetts police trailed the trio over Europe and fin- ally- located two of the men in pris- on in Austria and the third serving a term in Russia. At an expense of thousands of dollars the inspectors wailed on the other side until the men were released and then returned with them to Boston. Omne of the Goldoergs is alleged to be the inven- tor of the famous “can-opener,” an exceedingly clever device by means open the backs of the strongest safes with little difficulty. Whether a man is a liar or is sim- ply misinformed often depends upon beginning of the great struggle for | third member of the band were ar-| of which the band was able to “p}er of annoying his. wife. his size. is in command of the Italian navv JOHN CARLTON GUILTY " Man Accused by 10 Year 0ld- Girl Quickly Convicted; May Face 10 Years in Penitentiary. WEAVER ASSAULT CASE NOW ON John Carlton, who at a previous term of court was acquitted on a charge that he had held up and robbed a man on the Bemidji lake shore, was today found guilty as the result of accusations made by a girl under the age of 10 years. The indictment read “assault with intent to commit” the crime alleged. Conviction brings with it a possible penitentiary sentence of 10 years, although under the new law all crim- inals are given an indeterminate sen- tence by the state board of paroles. Carlton was arrested late one af- ternoon several weeks ago. He had been out on Lake Bemidji with the girl, who appeared at the trial as a witness. Her name is purposely with- held. This is the first criminal case pros- ecuted by Graham M. Torrance since he was appointed county attorney. The jury was made up of: Wm. Casler, T. J. Martin, J. W. Peck, J. P. Riddell, J. M. Phillippi, Ernest Senear, 0. B. Olsen, T. E. Loyd, John Willen, Henry Pfund, F. E. Anderson and S. E. Thompson. The case went to the jury this fore- noon and a verdict was reached in an hour’s time. Attorney Charles Scrutchins ap- peared for the defendant. Witnesses for the state were: Mrs. C. W. McLaughlin, John Ben- ner, A. 0. Aubolie, Joe Golf, Hiram Sexton, Chas. Hilleman, Jas. Halli- day, G. A. Henderson: Witnesses for the defense were: J. J. Cameron, Judge H. A. Simons, Dr. L. A. Ward, Dr. A. E. Hendersnn and John Carleton. . Following the Carlton case ' the case against J. Weaver charged:with assault by striking with a rifle was taken up. Weaver was employed by the Crookston Lumber company as a watchman near Kelliher. day, several weeks ago, he was ac- cused by Peter Nelson, a homestead- Weaver denied the charge and the men then clashed, Weaver, it is alleged, using his rifle-as a ‘club. - Witnesses for the state are: Peter Na_lson and wife, Clarence Lml_e Sam | MecLeod, J. A. Wilson, N. W. Helmer. OHe Sun-: : Threshes 1,005 Bushell Grain i From Sixteen and Fourtlr Acres From a field of 16 1-4 acres, : + located near Tenstrike, Walter : : Borden has threshed 1,005 bush- : els of grain. s B The grain was divided as fol- : : lows: From § acres he threshed 230 bushels of blue stem wheat—or : : at the rate of 46 bushels of wheat : : an acre. H From 5 acres he threshed 400 : bushels of oats, or at the rate of : 80 bushels of oats to the acre. From two acres he threshed : 200 bushels of barley, or at the : : rate of 100 bushels of barley to : : the acre. H *From three acres he gathered : : 100 bushels of field peas, mixed : : with oats. : One half acre of speltz yielded 3 50 bushels. H E: Three-quarters of an acre of : : buckwheat gave up 25 bushels. These figures were furnished : to the Pioneer by J. J. Opsahl : who made a personal. investiga- : : tion of the Borden farms: i “I appreciate that people will : be skeptical but the yields are : exactly as I have given them and the grain is still on-the Borden : farm to convince any doubting : + Thomasges who may wish to make : : an investigation. ‘The case is expected to go to the jury tomorrow forenoon. ", Those serving on this jury are: L. F. Johnson, Wif. Rice, Walter Helmer, M. O. Matson, Adolph Klein, Will Hazen, L. L. Edmonds, M.. Bal- den, T. J. Dunwoody, J. W. Peck, F. E. Anderson and J. P. Riddell. Condemned Man Offers to Turn On Current at Own Electrocution. Richmond, Va. Oct. 11.—Sen- tence to electrocution on Nov. 24, Henry Clay Beattie, Jr., does not ex- hibit fear over what the future holds in store for him, according to his bosom friend; William Sampson, who i reports Beattie as saying, “I'll show {them how a man should die, if that’s what they're waiting for. The elec- tric - chair. Bah! What's that? Nothing, I tell you! If the lever on the switchboard is near enough to me I'll turn on the current myself. |like a man, without a W mper.” ~delights in ;\ekera Erows DEATH NEAR, BEATTIE IS BOLD| navy is almost Ileglig]ble but the Turkish army outnumbers that of Italy by many thousands. When a man’s got to, .die, let him die The Ottoman The Duke of Genca WHITTIER TO HOLD JOB Weeks Gives Board of Control Ruling Today Which Assures Red Wing Man of Position. ACCEPTED AS THE FINAL VIEW St. Paul, Oct. 11.—(Daily Pioneer Special Wire Service) —Assistant At- torney General Louis Weeks today gave his ruling to the Board of Con- trol in the Whittier case, and it is taken to mean that the Red Wing training school superintendent will retain his position. This information is furnished the board upon its request and the board has said it would be guided by it. The ruling starts out by saying that “habitual corporal punishment” can not be administered, but the remain- der of the ruling shows that it is well within the province of the board to continue Mr. Whittier in office. The decision, in effect, is as fol- lows: “If Mr. Whittier habitually in- flicted corporal punishment he is re- sponsible and can be dismissed al- though he did it without malice. The statutes limit persons to inflict corporal punishment and Mr. Whit- tier’s position in regard to inmates of the school is that of parent or guar- dian.. “If his incompetency in the dis- charge of his duties in inflictment of punishment can- be established he should be dismissed, but it is per- | mitted, unless proven, where no last- ing physical injuries result, and the punishment is reasonable and-mod- erate. 3 “Age, sex, strength, mental condi- tion and personal attributes of per- sons punished should be taken into consideratiod. No designated: num- ber of blows can be said to consti- tute cruel punishment. “Mr. Whittier can not be removed if in the board’s judgment a lesser punishment would have been: suffi- cient providing no malice was Shown and no permanent injury resulted. “The defendant is responsible for the acts of his subordinates commit- ted with his knowledge, It is his duty to discharge brutal assistants. No Appreciation. “How did you like my new hat?" Did the automobiles shy at it?” © “Of course not.” “They haven’t -got horse “sense, have they?” the maritime™ | BEGINS AT McNAMARA TRIAL BEGINS State Opéns Dynamiting Case at Los Angeles in Which 700 Witnesses Are to Be Heard. ALIBL.GAS HOPE OF DEFENSE The defendants—John J and : : James B. McNamara, members : of the International Association of Bridge and Structural Iron : : Workers, : The Charge—Complicity in : the alleged dynamiting of the : Los Angeles Times building, Oct. : 1, 1910, resulting in the death : : of 21 men. Chief Counsel for the Prosecu- : tion—District Attorney John D. : Fredericks. 5: Chief Counsel for the Des : |: fense—Clarence Darrow, of : {: Chicago. : Number of Witnesses to : : Testify—Seven hundred. Estimated Cost of the Trial— : $900,000. Los Angeles, Cal, Oct. 11.—Not since the trial of the officials of the Western Federation of Miners for the alleged assassination of former Governor Steunenberg of Idaho, has a trial in this country excited the intense interest in labor circles and among the public generally as in the case of the McNamara brothers, who were brought to the bar to- day to answer for alleged complicity in an alleged dynamiting outrage that resulted in the destruction of the Los Angeles ‘Times building and the ‘death of 21 men vorklng there, on- Qetoben 1910 Today the Work of securing a. ]m-y began. It was decided that James B. McNamara be first placed on trial. Confession Alleges Crime Campaign. The long and bitter fight waged by the Times against the - labor unions and their methods, the con- fession of Ortie E. McManigal alleg- ing that an organized band of labor leaders made a business of destroy- ing ‘the lives and property of these antagonistic to the labor unions, and the active and generous support given by the American Federation of Labor and other labor organiza- tions in aid of the accused men, have fed the popular imagination and led the public to believe that the trial will result in startling disclosures. The specific charge upon which the trial will proceed is covered by an_indictment relating to the death of J. Wesley Reeves, an employe of the Times at the time the building was destroyed. The 18 other in- dictments will be set over pending the trial for the alleged murder of Reeves, who was private secretary to the general manager of the Times. Will Seek to Prove Explosion. The lines of battle planned by Clarence J. Darrow, chief counsel of tae defense, and District Attorney John D. Fredericks, who will con- duct the prosecution, already have been pretty clearly revealed. The prosecution will first seek to estab- lish that the Times building was destroyed by an explosion of dyna- mite. Then will come the testimony of relatives to establish the number of victims, corrobating evidence and the confession of McManigal. This will be followed by the identification of witnesses who will - swear that they knew J. B. McNamara as J. B. Bryce in Los Angeles and in San Francisco during S¥ptember and October of last year. An endeavor will be made to trace the accused almost to the Times building, where the explosion oc- curred. The case against J. J. Mc- Namara will be centred upon corres- pondence furnished by. McManigal, and books found at’ McNamara’s office and the clocks and wire found in -Indianapolis. In this matter Detective ‘William J. Burns will be called as a wltness Defense Will Say It Was Gas. The defense will attack the allega- tion that the building was destroyed by dynamite, and will assert that the explosion was caused by gas and will call experts. In attacking the Me- Manigal confession the defense will cflll witpesses to establish an alibi _the McNamara brothers. In eve_ry instance where the McNamaras are identified by McManigal at a certain time and place the defense is expected to call witnesses to show: that the inen were in. other locali- ties, Experts on- lundwrlflng will (mmu on last “NARKET DAY” PROGRAM HERE TEN CENTS PER WEEK. 10 A. M. TONORROW At that Hour Public Auction Will Start @iving Residents Chance to Purchase Cheap. MARRIAGE PLANS ANNOUNCED Ceremony to Take Place at 2 P. M., Paul F. Utech Being United to Mable B, Irish. REGISTER BOOTH FOR FARMERS Visitors From Country to Be Taken { in Charge and Lined Up, Records for Prizes Being Kept. Tomorrow is Market Day in Be- midji! At 10 a. m. a public auction will start at Bemidji avenue and Fourth street, across from the Library Park. Farmers will be on hand with loads of vegetables, grains and live- stock as well as wood and hay, and it all will go to the highest bidder. It should be understood that the public is urged to be present at this sale as the size of the crowd at that time will assure the success of the auction sale which will mean so much to the visitors. Registry Booth Arranged. A registry booth has been erected and all farmers will register, A. G. Wedge being in charge of the booth. Mr. Wedge will keep a record as to the distance each visitor has come, the number of children, the weight’ of the farmer and other data which ~ is to be used in awarding the prizes. Dr. J. A, McClure has been chosen Fag- auctionieer &nd’ he-will ‘arrange the articles offered for sale, keeping each variety, so far as is possible, by itself. Thus all vegetables will be grouped, etc. There is no way of knowing just what will be offered for sale, but those in charge have been motified that in the line of livestock there will be at least three cows. Harry Koors will have charge of inspecting all produce offered for sale, grading it as to market price. The Public Marriage. For the first time it is now pub- licly announced that it is Mabel B. Irish, of Lavinia, and Paul F. Utech, of Turtle River, who are to be united in marriage on a platform erected at the auction grounds. Rev. Alexander Holden will perform the ceremony at 2 p. m. Today new gifts for the brmal couple, in addition to the long list already announced, were offered. The two theaters in Bemidji will be specially generous, the Brinkman playhouse having put up $10 in gold for the bride, while today the Majes- tic is out with an announcement that it will give the bride a leather seated chair and in addition will turn over 25 per cent of the gross receipts of the Thursday matinee performance. The Webster Greenhouse will fur- nish twelve American beauty roses to the bride. Final Plans Are Made. At the Commercial club this morn- ing there was a meeting of the com- mittee to make final%arrangements for the day, and it was decided at that time that all members of the committee should wear badges, so that-all farmers and strangers might know to whom to apply for informa- tion. It was suggested that all farmers be warned that they would be re- quired to register in order to be elig- ible for the prizes. Nearly every business house in town has announced special trade re- ductions in honor of the day, and a thriving busigess is expected. To Rope Off Wagons. A long rope will be stretched at the auction grounds and the farmers will be lined up so that prospective buyers may obtain the best view of - the wares which they wish to buy. A tent has been erected and in this many of the vegetables will be oflered for sale. The auctioneer will go from wagon to wagon conducting the sale, but the general sale of miscellaneous pro- ducts will take place on the platform erected for that purpose. - A auction will start promptly at 10 a. m. and at this hour these pres- ent will have the opportunity of se- lecting the most deulrlbla things Wwhich are brousht In v