Bemidji Daily Pioneer Newspaper, November 4, 1911, Page 1

THE BEMIDJI DAILY PIONEE Historial Society, 9" X "N VOLUME 9. NUMBER 161. BEMIDJI, MINNESOTA, SATURDAY EVENING, NOVEMBER 4, 1911. TEN CENTS PER WEEK. OUTRAGE, DECLARES | SPEAR FOR GEARLDS Grand Rapids Attorney Brands Tac- tics of State Unfair and Court Admits it is “Novel.” PLEA FOR TRIAL IS BLOCKED Edward Re-arrested After Indictment is Dismissed and Hearing Goes Over to Nov. 13. In a novel court scene yesterday afternoon when prisoners at the bar| begged that they might face the in-| dictment charging arson rather [hah‘ have such charges dismissed at the request of the state George Spear of Grand Rapids, delivered a stinging arraignment of the state’s tacties in the Gearlds cases and characterized the dismissal of the indictment for lack of evidence and rearrest as “an outrage to the commonwealth.” Edward Gearlds Re-arrested. ! Judge C. W. Stanton. after plainly indicating disapproval of the state's manner of procedure, dismissed the indictment after which Edward Gearlds was re-arrested on a munici- pal court warrant on the same charge ontained in the Blackduck in- ment. He was arraigned before; Municipal Judge Simons and at the request of the state and over the | of Attorney Spear for the de- , postponed the hearing until Gearlds was d on i 5,000 bonds which | n Gearlds was not rearrested no charge now is made against by the state. 1 asking the court to dismiss the ments against the Gearlds, the! frankly admitted that it did sufficient evidence at this 10 wage a prosecution. But vou dragged these men into court, you secured a grand jury in- ent against them—they stand accused and they are ready for trial,” b the position assumed hy Attor- Spear. tate State Regrets Action. state was represented by As-| t Attorney General Janes and | McDonald. the latter explain- e court that it would be un- to proceed with the prosecution The state regretted its nate position but held that| shment of all criminals con- | compelled it to take the e that was being pursued. indi- g that all the evidence was not { ggested a continuance | offered to supply cer- insurance testimony for the| but the prosecution insisted | t the indictments be dismissed. “Novel.” Says the Judge. 1t is a rather novel procedure to ask to dismiss an indictment because of failure to have a witness at the term pending, it seems to me." said Judge Stanton. ~The ordinary proce- dure under such circumstances would be a continuance and not for a dis- missal.” To this Mr. McDonald said: “We would prefer to have the in- dictments dismissed.” “As I remember it,” continued the court. “the statute requires the rea- sons to be stated for the dismissal of an indictment, either by the prose- cuting attorney or by the court on its own motion. It ought to be a rea- son that is a reason, it seems to me.” “Haven't Testimony,” Admits State. | “We don’t feel that we are now in position.—we haven't got the testi- mony to proceed with the trial of this case,” admitted Mr. McDonald. “That is the way we feel about it and I don’t know that we can make a owing for a continuance that] would entitle us to a continuance, al- ough we have used every effort at we could put forth.” Defendants Offers to Aid. for the torney Spear Gearlds I do not desire to interrupt coun- ! and I will ask to be heard a mo- ment later, but if it will relieve the; state from any of its embarrassment, behalf of the defendants I will HARRY N. ATW0OD. Aviator Agrees to Fly Across South America. Photo bv american Press Association. {T0 FLY OVER SOUTH AMERICA Aviator Atwood to Receive $100,000 if He Crosses Continent. Worcester. Ma Nov. 4—Harry N. Atwood, the aviator who made a world's record on his flight from St. Louis to New York last summer, is completing preparations to fly across the South American continent. He will obtain $100,000 if the flight is suc- cessful. The route, which will take him across the South American continent. will touch Bahia and Rio de Janeiro in Brazil, Montevideo in Uruguay, Buenos Ayres in the Argentine Repub- lic, and Valparaiso, Chile. produce the insurance policy which ON DISPLAY THROUGHOUT crrY?Hotel. is in the hands of the defendants. There is no need of locating any mis- sing insurance company.” “We do not feel that that would fill the gap and we again state that the state has not now sufficient evi-|carbon engravures which it will offer jroom and dence to warrant us in proceeding jwith the trial at this time, or suffi- cient, in our opinion, to support or warrant a conviction. No one re- grets it more than we do,” said At- torney McDonald. “Well. do you consider ground for dismissal?” asked judge. “We think so. said Mr. McDonald. It ought to be,” Spear Addresses Court. In his address to the court, At- torney Spear said: “Now if your honor please, 1 de- sire to be heard very briefly. In what 1 say the court will understand and these two gentlemen representing the state will both understand that there is no personal reflection intended. What little I have to say is directed not against them. but against the conduct of this case. They will very readily perceive the effort I make to divorce them personally from the con- duct of the case. “The situation is extremely novel and striking. Here are these two de- fendants in the court room pleading for an opportunity to be allowed to be tried. The state is here asking that this trial be not proceeded with. Criticizes Conduct of Case. “We take this position, if your honor pleases, because it has seemed to offer an opportunity for protest against what I please to term the conduct of the case. I know of no more effective way to make that pro- test than to make it in open court. We haven’t gone to the newspapers to publish dissatisfaction with condi- tions as they exist. The newspaper is not the proper medium tkrough which to make any such arraignment. Here in this room, within these walls, is the place to say that which is now being said. “Suppose we briefly consider the situation. The law is that a prima facie case must be made out in the grand jury room. That is one of the elementals of criminal practice. Ev- ery attorney understands that. 1 do not accuse either of these gentlemen of being so strange to the practice that they do not understand it better than I do myself. We must assume that every officer does his duty. We must also assume that the grand jury in this instance did its duty. (Continued on last page) LIFE'S DISAPPOINTMENTS Ll BET THB \DEA WILbr MARE A HI WITH THE EDITOR ANTICIPATION (Copyright. 1911.) GIVES AWAY ART GEMS Bemidji Pioneer Offers Its Readers Without Cost Reproductions of World's Great Paintings. The Bemidji Pioneer has secured a limited number of large, handsome to the readers of this paper absolute- 1y free. There are in the assortment nearly 100 different paintings from the world's greatest artists, all beau- tifully mounted, and displayed in the windows of the Bemidji Pioneer Sup- of different business houses in Be- midji. How to Get One. These pictures which readily sold for from $1.50 to $2.00 less than a vear ago can be secured by non- subscribers of this paper by subsecrib- ing for three months at $1.23, the regular price of the paper. A pay- ment of $1.50 the regular price of |wrestled Fred Pilakoff, the Finnish | the Weekly Pioneer will entitle the subscriber to one of these art treas- ures. All regular subscribers may secure;‘he mat when Referee Barton inter-‘ one by making a payment of $1.25 on | fered and declared the bout a draw|wag not passed. the daily or $1.50 on the weekly. The payment may apply on advance subscription or an arrearages. For a payment of $2.50 the subscriberf will receive a credit for a period of| six months on the Daily and receive his choice of two carbon engravures. A payment of $5 will entitle the sub- scriber to one full year’s credit and four pictures. For Two Weeks Only. This offer will remain open for the two weeks beginning Monday, No- vember 6 and ending Saturday, No- vember 18. Descroption of the pictures and where they are to be seen on public display, follow: “Christ at twelve,” by Heinrich Jo- hann M. F. Hoffman, gives a con- vincing portrayal of one whose face shows the mind and soul which en- abled him to teach all things to all men. This carbon is to be seen in the Bazaar store on Beltrami avenue. Sir Samuel Luke Fildes’ picture of the “The Doctor,” in the window of Netzer’s Pharmacy, shows a physician holding silent watch over a sick child, while the parents, a fisherman and his wife, anxiously await the! crisis. It is characterized by re- markable reality and pathos. “Wagner’s Dream,” which is to be placed in the window of Gill Broth- ers Clothing Store, shows Wagner fallen asleep by his piano, and before him he sees the characters of his great operas—Lohengrin in his swan- (Continued on Page 5) {RESENTS INSULT, PAYS $5 FINE |Hewitt Pays for Having Thrashed | Man Said to Have Insulted Girls. Arrested on a charge of assault and |battery, E. A. Hewitt pleaded guilty |in municipal court today but insisted iGeorge Meirstadt, whom he assaulted, had it coming to him because he in- | sulted the waitresses atthe Challenge “In his explanation Hewitt said that Meirstadt came to ihe hotel where both men board, late for sup- |per and because the meal was cold |Hewitt was sitting in an adjoining took Meirstadt to task, whereupon Meirstadt invited Hewitt ioutside. This invitation was not ac- |cepted but instead Hewitt hit Meir- :stadt tbree times in the face. Hew- itt’s arrest followed with Meirstadt {as the complaining witness. Hewitt that a|ply Store, while a number of framed | was fined $5 and costs. the | pictures are displayed in the windows |REFUSES TO GIVE CUTLER MATCH | Former Bemidji Man Has Big Finn {Down &t Duluth But Loses Decision. l Charles (Kid) Cutler, formerly of Bemidji, and at one time chief of po- {lice at Blackduck, and who since has {shone as a pugilist and wrestler, |champion at Duluth and after an 'hour and nine minutes had his op- |ponent's shoulders all but pinned to under the pretext that the Finn had been injured by a fall earlier in the match. Cutler’s friends here are in- dignant and do not feel that he was given a square deal. During the time he was a prize fighter Cutler trav- eled with John L. Sullivan and fought different pugilists of fame, his ring career coming to a sudden end, how- ever, when he ran up against Jim Hart in Chicago, Hart whipped him decisively. After that Cutler worked with Frank Gotch as a training| filling and carrying out the wrestler. pledges of both parties. * * * = If reapportionment is slighted, I Carlton Names Six Delegates. Moose Lake, Minn., Nov. 3.-—Carl- ton county has named the following delegates to the St. Cloud convention of the Northern Minnesota Develop- ment association: T. M. Ferguson, ‘Wrenshall; C. F. Mahnke, Moose Lake; J. F. O’Brien, Cloguet; H. Old- enburg, Carlton; J. D. Barstow, Bar- num; W. O. Houck, Corona. An American girl is said to have |paid $25,000 for a handkerchief in Paris the other day. She must be getting ready for the hay fever sea- son. Though all the bridges which span the East river in New York city con- tain about the same amount of steel, Brooklyn bridge is the only one that causes the compasses on vessels pass- ing under it to waver. The needle turns in all directions when this bridge is reached, and its peculiar behavior is a puzzle to the seamen. REALIZATION |began to abuse the dining room girls. | {GOVERNOR NOW BACKS UP Will Not Be at St. Cloud and Denies | He Said He Would Call An | Extra Session. - SRS |BUT MIGHT YIELD TO PRESSURE Governor Eberhart has discovered | ‘that it will be impossible for him to attend the St. Cloud convention of | the Northern Minnesota Development association, and that the Brainerd pledge is mostly a myth “Instead,” says the St. Paul Dis- patch, “he will be aboard the gover-| nors’ special, with governors of ten: other states, making a tour through | |the east, advertising land products fiof the Northwest. I “The Development association | i meets December 8. The governors' ispecia] starts November 27. | “It is understood, however, that 5some representative from his office’ will be present at the meeting to de- fend him in case an attack is made (upon him for not calling the state! solons together. Comment has been | heard in many sections recently about the speech the governor made at| Brainerd last year. in which he]j threatened an extra session of the| legislature if a reapportionment bill | 1 | “Ralph W. Wheelock, his private | secretary, has a verbatim copy of the‘\ | governor's speech in his desk. Here |is what he said: I don’t believe in calling an extra session. No member of the legislature can go home and square himself with his constit- uents unless he passes that bill. There is no need to instruct the legislature. It knows its duty. ! By doing its duty it will be ful- might be forced to call an ex- tra session. There is no threat in this. “As will be seen the governor qual- {fied and added that he implied no threat. He has no intention of cal- ling an extra session, and will not call it unless pressure is brought to bear by influential men throughout lthe state.” EDITOR ALLEN TO RAISE SHEEP Former Bemidji Publisher Buys 600 Acres, Mile East of Tenstrike. A. B. Allen, formerly in the news- | paper business here but now located |at Hastings, Minn., has purchased from J. J. Opsahl 600 acres of land { a mile east of Tenstrike where he will establish as soon as possible a mod- |ern sheep ranch. ‘Wild peacocks abound in Madagas- | total 9 points. 'MINNESOTA BEATS CHICAGO, 30 T0 0 Gophers Outplay Windy City Foot- ball Team From Beginning of H Game to End. CAPRON SHINES AS STAR OF DAY Other Members of Home Team, How- ever, Feature Brilliant Game Before Big Crowd. Northrop Field, Minneapolis' Nov. ! 3.—Crushing the hard fighting but clearly outclassed Chicago football team, the Minnesota eleven, before one of the largest crowds ever as- sembled on Northrop Field, won by a score of 30 to 0. The gates were opened at 12 o'clock and the seats filled rapidly. The grandstands were both packed, as were also the bleachers at the south end of the field. At 2 o’clock sharp the captains of both teams tossed and Chicago won, choosing to defend the north goal. After the kick off Chicago punted» to Minnesota's 3 yard line, and Cap- ron, securing the ball, ran through a broken field to Chicago’s 25 yard line, another pass nets 15 yards for Min- nesota. It is Minnesota’s ball on Chicago’s 5 yard line. Stevens is then given the ball and plunged through right tackie for the first touch down; score: Minnesota 8, Chicago 0. Morrell kicked goal, making the Before the touchdown was made Morrell kicked a goal from the field. Chicago kicks off to Minnesota’s 5 yard line. Minnesota makes 2 yards around right end and adds 5 more through right tackle; Stevens goes through for 3 more. The first quar- ter ends with the ball on Minnesota’s 45 yard line and in her possession. Second Quarter. Capron makes 7 vards aronnd left end; Pickering punts to Chicago’s 20 yard line; Chicago returns the punt to her own 25 yard line, where Stev- ens signals for a fair catch; Capron makes 25 yards around left end, Pick- ering adds 7 more, but the ball was called back and Minnesota was pen- alized for off-side play. Minnesota punts to Chicago’'s 5 yard line; the ball was carried back 15 yards; Chi- cago kicked to the middle of the field, Stevens returning the ball 10 yards. The ball was fumbled and Pickering fell on the ball; Capron breaks away for a 20 yard game. The ball was then carried hy line plunges through the Chicago's 4 yard line, when Rosenwald was pushed through for a touchdown. Score: Minnesota 14; Chicago 0. Merrill missed goal; Chicago kicked to Minnesota's 7 yard linge and Capron returned to 35 yard line. This half ended with the scor= Min- nesota 14, Chicago 0. Chicago reappeared with the same line-up. After a back and forth play of several minutes, Rosenwald went through the center for 8 yards. Min- nesota’s ball on Chicago's 15 yard line. A play through center gained 3 yards and a like game makes a gain of one yard. Smith made a beautiful drop kick. Score Minnesota 17, Chi- cago 0. Chicago kicked off to Minnesota's 15 yard line, and it was retnrned 15 vards. After a few minutes’ play Minnesota tried for a drop kick from Chicago’s 22 yard line but the kick was blocked. Minnesota recovered the ball on Chicago’s 45 yard line. Rosenwald then made one of the most sensational runs ever seen on Northrop Field and was only downed on Chicago’s six yard line. He was badly hurt on the chest, but finally resumed play. Chicago penalized for roughing it and the ball landed ten yards from Chicago’s goal. Minneso- ta went through Chicago’s left tackle for a touchdown. Score: Minnesota 22, Chicago 0. The next score was made on a field goal kicked by Smith, and one more touchdown completed the day’s score. A Chicago minister says that some marriages are planned by Satan, and we thought they were all made in car. heaven.