Bemidji Daily Pioneer Newspaper, June 29, 1912, Page 1

b A . VOLUME 10. NUMBER 54. STANTON UPHELD IN SUPREME COURT Decision Handed Down Friday Sus- taining His Overruling of ngo Demurrer. DRUGGIST FACES CHARGE Indictment States He Allowed Poison to Be Sold Without Supervision of Pharmacist. CARL AKERBERG DIED - Mother Won Civil Suit for $3,000 and Second Trial is Set for Sep- tember Term, In a decision handed won Friday, the state supreme court ruled that Frank A. Mayo, formerly a druggist in Bemidji, must stand trial for hav- ing permitted the sale of strychnine from his store, said strychnine alleg- ed to have caused the death of Carl Akerberg, also a resident of Bemidji. The decision sustains the overruling of a demurrer by Judge Stanton in| district court. Mayo’s demurrer was to an indict- ment brought by the grand jury charging him with having permitted the vending of poisons, without the supervision of a registered pharma- cist or assistant, which resulted in the death of a human being. The demurrer argued that the indictment was indefinite in that it failed to state the manner in which the drug was sold or by whom. The court held that the naming of the purchaser kept the indictment from being de- fective. Carl Akerberg died in 1907 and it was alleged at the time that his death resulted from the taking of strychnine bought at the Mayo store. Action was at once started by Ma- thilda Akerberg, his mother and ad- ministratrix, and in 1908 the grand jury brought in an indictment. Ac- tion on the indictment was deferred pending the outcome of a civil action in which Mrs. Akerberg won a vers| dict for $3,000 damages. If found guilty on the criminal action, Mayo's penalty may be not more than seven years in the penitentiary, or a fine of not over $1,000, or both. Under the present law, a penitentiary sentence would be indeterminate. B When action on the indictment was resumed following the settlement of the civil case, attorneys for Mayo demurred to the indictment but were overruled by Judge Stanton. They appealed the ruling to the supreme court and that court upheld the Stan- ton ruling and remanded the case to the district court for further proceed- ings. The case will probably be tried at the September term of court. The syllabus follows, the opinion having been written by Chief Justice Start: The indictment herein is based up- on Sec. 2340 R. L. 1905, and purports to charge the defendant with the crime of permitting the vending of poison in his place of business with- out the supervision of a registered pharmacist, or assistant, which re- sulted in the death of a human be- ing. It alleges the name of the per- son to whom the sale was made, but not the name of the person making it; that the defendant knowingly per- mitted the sale and that the sale was made without the supervision of a registered pharmacist or assistant. Held, that the indictment states facts sufficient to constitute a public of- fense. s Case remanded for further proceed- ings. Taft to Attend Saengerfest. Philadelphia, Pa., June 29.—Every arriving train today brought its quo- ta of delegates and visitors to the twenty-third national saengerfest of the Northeastern Saengerbund which opens in Philadelphia tonight and will continue through the coming week. The presence of President Taft next Monday is expected to at- tract hundreds of additional visitors to the festival. The new convention hall, where the concerts are to be held, is handsomely decorated. Ger- man singing societies from all of the principal eastern cities will compete for the numerous prizes offered. The object of keenest competition will be the handsome trophy offered by Em- peror William. In addition to the mammoth chorus and large orchestra the participants in the series of con-|Parents please see that yi}ur children ,Marie Rappold,|are at Sunday school at 10 o’clock. certs will include Louise Homer, Ludwig Hess and sev- | The public.is invited to all these ser- vices. era) other eminent soloiste, AT THE ‘DEM’ CONVENTION TWO FREIGHTS WRECKED One on Soo and Other on M. and L Go Into Ditches and Delay Other Traffic. NO ONE KNOWN INJURED Two freight wrecks Friday tied up passenger trains into Bemidjl and caused some property loss. Friday afternoon, an eastbound Soo freight left the track about four wmiles east of Bemid]1 ana tnrew six cars off the track. Two fell across the track at right angles and the wrecker was kept busy for some time. The east bound Soo-passenger this morning was made up of several freight and flat cars and one old pas- GOVERNOR SIMEON E. BALDWIN, CONNECTICUT’S FAVORITE S8ON. SPECIAL BALTIMORE BULLETINS. 1 p. m.—Convention called to or- der by Chairman James. Weather is wishing for a quick adjournment. 1:05 p. m.—Chairman James an- nounces that Mr. Bryan will address the convention. Mr. Bryan steps for- ‘ward to begin his speech and is loud- ly applauded and cheered. 1:15 p. m.—Mr. Bryan is directing his fire against the New York delega- tion. 1:30 p. m.—Bryan says that the New York delegation does not repre- sent the intelligence or virtue of the voters of that state but does repre- sent the will of one man—Bob Mur- phy. (Wires down at this point and fur- ther reports delayed). “"LATE SOCIETY. N. W. Rose, wholesale commission merchant of Willow Springs, Mo., spent one day in the city this week as the guest of his sister, Mrs. G. E. Kreatz. On his return he was ac- companied by his father, Mr. Rose, Wwho goes to Missouri to receive med- ical treatment. J. G. McCullough returned this week from Chippewa Falls, Wis., where he has spent the past week on a combined business and pleasure trip. A City of Lakes. Showing the advantages of St. Paul as a summer resort, the Association of Commerce of that city has issued hotter than ever and all delegates are | a booklet in the shape of a railway folder. The cover is a four colored picture of the principal buildings of the city grouped about the Misses- sippi River. There are two lakes in the city and many others nearby, used as a summer residence by thou- sands of the residents. Swedish Lutheran, Sunday school will be held at 10 o’clock. Morning service at 10:30 and evening service at 8 o’clock. . Scandinavian Lutheran. Sunday school will be held at 9 o’clock in the morning. Services will be held at 10:30 a. m. and 8 p. m. . First Methodist Epscopal, Preaching 10:45 and 8. Morning subject: “The Patriotism of Author- ity.” A mixed quartef will sing at the morning service. Sunday school 12; Epworth League at 7, Nell Shan- non, leader. Prayer meeting Thurs- day evening. -A cordial welcome to all. Chas’ H. Flesher, Pastor. . Episcopal. Services will be held in the mew- church which is being built on the corner of Ninth street and Beltrami avenue. The church has not as yet been completed but services will be held in the basement until its com- Dletion. The morning services will be held at 11 o’clock, Sunday school will be held at 10 o’clock. There will be no evening service. . Presbyterian, We call attention to the change in the hour of Sunday school. It will meet at 10 o’clock tomorrow. Morning worship at 11, Junior C. E. at 4 p. m. Young Peoples’ meeting at 7. Evening Gospel service at 8. senger coach that the crew was able to pick up in the Thief River freight yards. The regular coaches went west this noon. A log train was wrecked near Miz- pah on the M. and I. Friday and the south bound passenger, due in Be- midji at 11:45, did not reach the city until 9 a. m. this morning. As far as can be learned, no one was injured in either wreck. New Itasca Park Road. The road from Mallard to Alida, formerly used by the Red.River Lum- ber-company, is being put into con- dition for automobiles and it is said that the south eighteen miles will be ready for travel in about ten days. The road is one used by many in go- ing to the Itasca state park. St. Paul, June 29.—(Special to the Pioneer) —Plans are under way for the making of a soil and sociological survey of the state of Minnesota. It is the idea of Dean A. F. Woods of the State Agricultural college that the immigration coming to the state should be put where they can do the most_good, for themselves.. He will have a map of the state showing not only where the soil is best adapted for corn and potatoes, but also where the Methodists live and where the community is all Catholic. He will give this information to the state im- migration commissioner for the ben- efit of intending settlers so that a Presbyterian man who can raise corn will not settle in a community of Catholics who raise wheat. Each man will be placed where he will be in the most congenial com- pany and where he can besc use his ability. ERPECTATION \\\““ l \\ R \\\ ‘n\‘“ \\\\ Wi ALL NATIONS PLAY SUNDAY. Made up of players representing many different nations, the All Na- tions baseball team will play the Be- midji city team Sundey afternoon at the fair grounds ball field. The All Nations have one woman on the team, Carrie Nation, who plays first base. She is said to be an eypert ball play- er. The All Nations Have been'tour- ing Northern Minnegota this week and appear to have beaten all the teams played. Hibbing fell for four games straight, the final being 4 to 2. Superior and-Duluth teams were also played with similar results. Le Roy Smith is seheduldd to pitch for D Two Small Fires, Two alarms gave the firemen some work yesterday but the blazes caused slight damage. About three o’clock, the department was called up the lake shore to put out a brush fire that threatened to assume dangerous pro- portions. Last night, a still alarm sent several of the men to an area- way between the Given Hardware company and the Megroth Variety store where a heap of refuse had Bemidji Sunday and a clase game h!A caught fire. HOT—HOTTER——?1%%%¢ Friday was hot, Saturday is hotter. What of Sunday? Friday, the high- est was 106 at 2 p..m. Today had 108 at 1 p. m. with much higher EIGHT BALLOTS SHOW temperatures during the morning. Temperatures compared: BALTIMORE BALLOTS, Time Friday Saturday 6 am 70 74 ~ |Number of Delegates . Necessary to nominate . 7 a m 4 T4 % 3 10 a. m. % 96 102 Finst, 12 p. m. * 103 105 [Clark . .. 1p m 104 10§ | Wilson+ o, 2 p. m 106 110 Underwood . A light rain fell north of Black- ;‘“‘:";l' duck yesterday afternoon. aranall. . C. @. Johnson Makes Find. ~ In an endeavor to secure a tax title to a tract of land north of this city, C. G. Johnson discovered that the land he was trying to secure was Harmon . Underwood . still government land and had never Marshall . .. been filed upon. He immediately (g, qom took the proper steps“to become the|. possessor of this valuable tract and 8. B, P. White, Pastor. Hamilton hwll .of Chicago. - Photos copyright, 1912, by American Press Allocllflnn. : Beveral days before the date for the assembling of the Dcnwcnfle convention scor of Democraf from all ovel the country began arriving at Baltimore. Many wi no official connection' with the gdthering, gressman J. J. Fitzgerald of New. York, (D ‘Judge Bween Leading Democrats of the Nation In Baltimore To Help Select Democratic Standard Bearers. nationn} committeemen, others Those shown In' the picture are (1) Congressman:J. M. Gox: Buftalo, (&) Perry Belmon of New. Y Clark . . will leave for the north woods with- Wilson . . in a few weeks. His family will join Harmon | . him after he completes the building Underwood . . of a cottage. This land has some Marshall . valuable timber on it and is consid- Baldwin . .. ered a find. Bryan . .... Kern . .. Clark . .. Wilson . . Harmon . Underwood 2 Marshall . s Baldwin . Clark . ceatisies e 443 Wilson . ....vieenans Harmon . ... Underwood . Marshall .. .. Bryan Clark . . Wilson . . Harmon . ... Underwood “. : --/Marshall . Bryan . .. Kern . ... Sevenfl:. . |Clark . . ‘|'Wilson . . Harmon: . ... Underwood . Marshall . .. Kern . ...... * |Harmon . ... Underwood . ... Clark ére delegates, while others ock And O Sames = |hope that some ADJOURN AFTER TWELVE BALLOTS Democratic Delegates at Baltimore" Unable to Agree After & Dozen " Roll Calls. CLARK HOLDS A STEADY LEAD Vote Slowly Increases Until It Jumps To a Clear Majority on the Tenth, WILSON’S STRENGTH IS FIRM Some Slight Gains But No Losses— Hope of Breaking Present Dead- lock is Slight, Baltimore, June 29.—Giving up all attempts to break the existing dead- lock, leaders in the Democratic party at 3:05 o’clock Saturday morning de- cided upon adjournment until one o’'clock Saturday afternoon in the sort of agreement might be reached as to the presiden- tial nominee. Many of the delegates BUT L"‘TLE Cfl ANGE f;;);:-t::; :ng:ln.n the delay caused by but apparently there was no hope of gettling the nomina-~ tion by conferences on the conven- tion floor. Twelve ballot were taken. Champ Clark made a sensational gain on the tenth when New York’s solid block of ninety votes went to him on this ballot. Mr. Clark’s to- tal reached the high water mark of 566 a clear majority, but was 170 votes short of the necessary two- thirds to nominate. On the eleventh and twelfth ballots Clark fell away to 654 and 549. Governor Wilson held his forces steadily together and during the nmights voting thefe wers but slight fluctuation in the vote for him. Baltimore, June 29.—The mon- otomous succession of roll calls brought no nomination in the Demo- cratic convention late Friday, when the sweltering delegates were still answering the droning volces of the reading clerks. The results of the roll calls up to the ninth were discouragingly simi- lar. None of the leading candidates made any material gains or losses. There was no change of more than six votes in the totals up to that time: The steady gain of the Wilson vote had culminated with the count of 345 on the sixth ballot. On the sev- enth Wilson gained one and a half vote. Bryan, Kern, Ollie James and Mayor Gaynor of New York each received one or two votes in the course of the balloting. o Harmon lost slowly but steadily from his 148 on the first ballot. Un- derwood gained a trifle. The heat in the hall was stifiing and the proceedings dragged heavily. The delegates gossiped among them- selves or perused newspapers. Lead- ers of the various factions hurried about the hall. The air was full of rumors of: “deals” and “trades.” The shift that would throw the de- ciding vote to one candidate or an- other was looked for on every ballot by some of the delegates while oth- ers expected an all night session. The long predicted “break” in the New York delegation came on the tenth ballot when Leader Murphy an- nounced eighty-four' of the ninety votes from that state for Clark. He got no further when a great demon- stration broke out among the' speak- ers’ delegates and friends while it was in progress there were several figt fights on the floor. Those who claimed to be in the confidence of the New York delegates predicted there would be a switch from Clark in sub- sequent ballots. The Clark demonstration continued for twenty-one minutes but finally the call of the roll was resumed. Then Murphy announced: New York, eigh- ty-one for Clark, one for Underwood, eight for Wllltm i Almthet w&n-k tolhwad this statement. In ‘Nnrfll cl!vllnl. Wilson gainéd one at the expense of Under- " |wood.. In Ohio Wilson lost two to Clark. Aclnkmhmofldlm MINNESOTA | ISTORICAL | {