Bemidji Daily Pioneer Newspaper, November 4, 1911, Page 8

THE BEMIDJI DAILY PIONEER SATURDAY, NOVEMBER 4, 191 1. —_— RMAN EMPORIUM Three Days of Extra Ordinary Bargaingin Blankets and- Quilts Saturday, Monday and Tuesday An OPPORTUNITY SELDOM ii ever OFFERED to MAKE your DOLLAR do double service on this great HOME NECESSITY. Just in time to put your winter supply of BLANKETS and QUILTS in. sale. Underwear. All Sizes, Colors, Weights and Quality The whole new STOCK PLACED at YOUR DISPOSAL in this Big Showing . Of Suits, Goats, Dresses, Skirts and Waists at Saving Prices See the Special Display of the Celebrated Athena and Mentor OUTRAGE, DECLARES SPEAR FOR GEARLDS {Continued from first page). We must therefore assume that there was a prima facie case made out be- fore the grand jury. Past Point of Dismissal. “Now, it is equally familiar in criminal practice that a prima facie case will carry the prosecution past the point of dismissal. And why, if your honor please, if the prosecution is safe against a motion to dismiss, why, I repeat is it that the defend- ants cannot get to trial? Why is itI that we are compelled to come into| this forum and fight for an oppor-| tunity to make our defense. “It is not necessary to suggest that this is not the first appearance made on behalf of these defendants. We| have been here some four or five times, perhaps six times. There have | taken. I protest most strenuously, as coun- sel for these two innocent men, against the cource of the state in this matter. “I think I would be justified, if your honor pleases, in referring to something further, and it is that which adds emphasis to the position I observe the sheriff here in this room. I am not advised of the reason for his presence except in this, that it came to us in no indi- rect way this morning that imme- diately following upon the action of the court, if the state was allowed its request, the two defendants would again be placed in custody. Why to Be Re-arrested? “Why are they to be re-arrested if the state has a prima facie case as against these defendants, and we must assume a prima facie case or otherwise there could be no idict- ment? If the state has such a case at’its command, why the necessity for this nolle, and why must these two {men be compelled to again submit been repeated emanating, I say with-|to the indignity of an arrest? out hesitation, from the state. and| all looking towards a postponement|lar to post? or delay of the issue. Our position has been plain in every instance. Says Situation is Astounding. “We have not held out the slightest hope at any time that we would take any certain, definite action upon any proposition tendered. We have been careful at all times to make it plain and intelligible that we reserved the right to act upon those propositions when submitted to us. We have not misled or deceived the state in any instance. So that I feel that it can- not Be said that our position is in- consistent in any respect whatsnever. “Coming back to what was said a few moments ago, what a striking situation this is! “How absolutely unique! solutely unparalleled! “I defy any one present in this room to recall an instance which presents any similarity to that now before the court. ‘Why Fight for Their Trial? “We are here asking in common justice to the clients that they be given an opportunity of meceting these accusations. Why is it that they cannot have that opportunity? Why is it that they have been forced to struggle ever since this indict- ment has been returned, without ef- fect, without avail, to materialize that opportunity, to have a chance to answer these charges. “And for.that reason I protesi, and How ab- “Are they to be hounded from pil- Have they no rights? Are constitutional liberties not dear in this land? Why It Looks Strange. “If the state did not have a prima facie case why in God’s name were {these men ever brought into this court room on an indictment? And if the state has its prima facie case why is this proceeding to be swept to one side, and why must these men again be forced to put forward their wrists for the manacles? And so I protest and I say it with all the em- phasis, and the vigor, and the force, and the directness of which I am cap- able that this prosecution is no cred- it to the commonwealth. I ask the court not to grant the motion. “lI might say further that ] have not appreciated and do not now ap- i preciate the consistency of the state in coming before your honor and ask- ing that a nolle be allowed to be en- tered in this case. I do not appre- ciate the consistency of the state in so doing. The duty of the officer is to prosecute if he has a prima facie case. If a prima facie case is here then the prosecution should be pro- ceeded with; otherwise,” the officer does not conscientiously perform his duty. Ridicules Absent Witness Plea. “May I say one thing further. That is; that the state has sought to take refuge behind the absence of a ma- terial witness. Counsel is as familiar with the practice as I am. It was his primer long before I had learned to read. Counsel knows that a show- ing should be made. There is no showing made here. We move for- ward to this conclusion, therefore, that, the state having declared that it is not in a position to prosecute, is at least open to the charge of incon- sistency,—if nothing worse. If the state is not in a position to prosecute, how, under High Heaven could an in- dictment have been secured at all. If an indictment was secured and se- cured pursuant to the terms of the statute, why is it that the defendauts are now denied an opportunity by the state itself to have their defense heard. Aroused Over Re-arrest. “What has just been said by oppos- ing counsel would sound much better if we were able to eliminate from consideration the fact that an arrest is proposed by the state. If the pros- ecution was candidly advising the jcourt that it was impossible to pro- ceed with this trial for sufficient rea- sons and those reasons were stated and there was no subsequent action proposed, the situation might offer itself in a very different light. But everything for which the state con- tends must be considered with refer- ence to the plan,—and it is n.t de- nied by my friend across the aisle, —to immediately re-arrest the two defendants. That alone causes me to make most emphatic the position which has been already assumed. Holds it Affront to Justice. “Whatever the forms of the law may require in this instance; what- ever limitations may be placed upon the court by practice; whatever broad considerations may move the court, the fact remains that the course of the state is an affront to common justice; that the state has gone too far; that the state now pro- poses to go still farther; the fact re- mains, if your honor please, that there is an outrage upon personal liberty in what the prosecution now seeks to do.” “Convicts are not the worst men,” says a Chicago preacher. Still, there are a lot of good men out of prison. A Boston clergyman says .women have lost the art of blushing, and this may be why some are wearing the hobble and some the harem skirt. We move that the New Yorker who is running an agency to dispose of titled foreigners to American heir- esses be thrown into jail for peddling gold bricks. BERMAN EMPORIUM BONED FRESH HAM IS GOOD Try This Method Preparing the Meat With Dressing. Scrub the meat well in lukewarm water and singe off any bristles. If the marketman cannot bone it, take the longest and thinnest bladed knife you have and insert at the large end close to the bone; cut steadily and carefully as far through as possible; then repeat the process through the small end until the bone can be turned about and withdrawn. Cover the meat with boiling water, to which add two tablespoons of salt and simmer six hours; remove, and while hot fill the cavity with bread dressing; set in a dripping pan and pour over a pint of cider; place in a hot oven and baste every five minutes for half an hour. At the end of this time remove and take the rind from the fat, sprinkle with granulated sugar, cracker dust, and score with a hot poker. Dressing for Ham.—Put in a sauce pan a tablespooa of butter and fry in it one minced onion; then add one cup of soaked bread, the water be- ing pressed out; half cup of stock, one teaspoon of salt, half teaspoon each of pepper and sage, half cup of celery cut into small pieces. Stir until it leaves the sides of the pan. Pride goeth before a fall. When an automobile tries to knock a freight train off the track the pedes- trian is tempted to chortle within his sleeve. ool Dond OO A The Master O e T TR R HE modern watch, the master time piece, is the i South Bend. Neat in size, attractive in § appearance, unfailing in its accuracy, the South Time Piece Y RN Bend is the watch for the modern man, No watch we sell gives quite such pleasing satisfaction asthe SouthBend. ‘Tis a fact the South Bend makes us more friends than does any other watch. Drop in the store some day and see the South Bend line. GEO. T. BAKER & CO. Manufacturing Jewelers 116 Third Street - Near the Lake fi : Speed of Meteors. Shooting stars or meteors move with a velocity of from twenty-five: to forty-five miles a second. Prof. Perrier, a French astronomer, tells us emphatically that there is no life on Venus or Mars. When as- tronomers disagree, etc. A Brooklyn flat dweller made him- self unpopular with the rest of the tenants by always paying his rent when it was due. A good example is something that people sometimes don’t care to have around. The Woman’s club of Constanti- nople is said to be the most cosmo- politan in the world. Its member- ship comprises American, English, French, German, Bulgarian, Russian, Armenian, Greek and Turkish wom- en. Meetings are held monthly, and talks are given on literature, travel, music and art. New-Gash-Want-Rate ',-Cent-a-Word Where cash accompanies copy we will publish all “Want Ads" for {mlfl cent a word per insertion. Where cash does mot accompany copy the regular rate of one ceuta word will be charged. EVERY HOME HAS A WANT AD For Rent--For Sale--Exchange --Help Wanted--Work Wanted --Etc.--Etc. HELP WANTED A A A A NN WANTED — Dining room girl at Lakeshore Hotel. FOR SALE S T I ST FOR SALE—1 4-room house and good barn. One block from High School, 50 foot corner lnt, cement walk on east and south. $1,200; reasonable terms. Huffman, Harris & Reynolds. FOR SALE—Portavle saw mill (com- plete) and 28 horse-power traction engine (good as new), at less than 1-3 cost price. Call or write First National Bank, Bagley, Minn. HORSES FOR SALE—I have 16 head heavy logging horses and harness. Weighing from 1400 to 1600, young and sound. Tom Smart. FOR SALE—Rubber stamps. The Pioneer will procure any kind of a rubber stamp for you on short notice. FOR SALE—1 5-room house, one block from High or Central School. $1,000; reasonable terms. Huffman Harris & Reynolds. FOR SALE—1 4-room house, 50 foot corner lot. $450. Huffman Harris & Reynolds. FOR SALE—Round Oax Heater. Mrs. Geo. Kirk, 1109 Lake Blvd. FOR RENT FOR RENT—6-room house on Amer- ica Ave. So. Inquire E. J. Sweed- beck. FOR RENT—2 furnished rooms, $10 a month. 1111 Lake Boulevard. MISCELLANEOUS ADVERTISERS—The great state of North Dakota offers unlimited op- portunities for business to classi- fied advertisers. The recognized advertising medium is the Fargo Daily and Sunday Courier-N®ws, the only sevep day paper in the state and the paper which carries the largest amount of classified advertising. The Courier-News covers North Dakota like a blank- et; reaching all parts of the state the day of publication; it is the paper to use in order to get re- sults; rates one cent per word first insertion, one-half cent per word succedding insertion; fifty cents per line per month. Address the Courier-News, Fargo, N. D. Talk to the people In prosperous North Dakota through the columns of the Grand Forks Herald; read every day by 30,000 in 150 towns and rural routes in the northern kalf of the state. Classified ads, for sale, help wanted, exchange, real estate, etc., for 1-2 cent a word each insertion. Send stamps to The Herald, Grand Forks, N. D. WANTED TO TRADE—What have you to trade for new standard pia- no? Call at second hand store, 0dd Fellows Bldg. WANTED—For engine or boiler re- pairing call or phone G. F. Robin- son, 320 Minnesota Ave. Phone 285, . BOUGHT AND SOLD—Second hand furniture. 0dd Fellows building, across from postoffice, phone 129, — . Ui WANTED—Room and board in pri- vate family. Inquire baggageman at Union Depot. Mrs. R, H. Patno, dress and Cloak maker. 811 Irvin Ave. A)?V A ‘ ] [CENS, 4 I e~ i e—— Al al i gy Zry