Bemidji Daily Pioneer Newspaper, December 13, 1912, Page 1

i ) " Histortal Soclety mEEx THE BEMIDIJI VOLUME 10. NUMBER 1 95. BEMIDJI, MINNESOTA, FRIDAY EVENING, DECEMBER 13, 1912. . FIRST SECTION JURY IN ZIPPLE CASE STILL 0UTiHEAlL YE! No Agreement Reached at 2 P. M, Although Men Left Court at 4:40 Yesterday. NO MORE CASES TRIED HERE Attorneys for Plaintiff Preparing to Leave as Soon as They Learn the Verdict. FIRST OF TWENTY-EIGHT CASES Others Said to Involve Same Situa- tions and Witnesses—Expense Bills Are Big. At 2 p. m. today, the sheriff’s * | office reported that the jury in the case of Wilhelm Zipple against the Canadian Northern railway had not reached a ver- dict. The jury has been out since yesterday afternoon. Charles Loring, one of the at- torneys for Zipple, this morn- ing announced that no more of the fire cases would be tried in this county of the court would allow them to be taken else- where. Witnesses are return- ing to their homes. 4 E . Arguments in the first of Canadian Northern fire cases were completed before Judge Stanton yesterday after- noon and at 4:10 the judge began his charge to the jury. His charge took thirty minutes and at 4:40 the jury was taken from the court room to begin its deliberations. At 11 this morning, it had not reported. | The case which has just been tr-iedf is that of Wilhelm Zipple against the Canadian Northern railway for (Ia;m-‘ ages alleged to have been caused by, a fire set by a locomotive between Williams and Cedar Spur Sept. 29,; 1910. Zipple's case is the first otl twenty-eight which are yet to be tried’ and he sued for $1,424 damages to real and personal property. } As presented to the jury by \vit-'} nesses and as repesented by counsell the story of the fire is sustantially as follows: On the same day that Baudette was burned out, a fire swept over land! owned by Wilhelm Zipple and did $1.424 worth of damage. This ‘\\'as} the first Friday in October, 1910. The fire is alleged to have been startéd the previous Thursday by a locomo- tive on the Canadian Northern rail-l way which was hauling a freight of some forty cars from Williams to Ced- ar Spurs, a distance of less than three| miles. The plaintiff had witnesses present | who saw the train start out and who! had passed a point about half way be- ; night in the most interesting bout of | JAMES L. GEORGE, COUNTY AUDI- TOR RECITES CERTAIN FACTS CONCERNING DISAPPEARANCE OF FROHN AND GRANT VAL- LEY BALLOTS FROM HIS VAULT As a statement from the auditor seems to be greatly desired regarding the ballots of the towns of Grant Val- ley and Frohn which proved to be missing when desired by the recount committee on December 11, I wish to submit the following as being the best statement I can make, and not as one which offers any explanation as to why they are missing. These ballots were placed in my vault together with all others, in al- phabetical order, and at what time they were taken from the vault is a question I am unable to answer, as I was not aware that they were miss- ing until the time came for the com- mittee to recount those It has been the custom for years to allow all county officials, employes of county officials, attorneys, and prop- erly credentialed outsiders free ac- cess to the vaults and documents and records, and it will be a hard matter to change that custom. An enemy could hardly have ob- tained access to the vault except by committing burglary, and I cannot find that force has been used in that| way, and my only conclusion is that some so-called friend has been will- ing to sacrifice me and the bond of | friendship in order to secure these! ballots. . T have no well defined suspicions as to the guilty party, and absolutely no proof.. against anyone, and can only hope that some day in the near future, the missing ballots will as mysteriously reappear as they have disappeared. Should they do so, I would be willing to accept the cen- sure of all as to a degree of care- lessness which does not really exist. It is barely possible that I might particular 1 ballots. ! (Copyright.) Society for the Prevention of Useless Gifts Has Been Fermed.—News Item. Wyman Hickerson and Charles Dick- inson, Island Lake Saloon Men, In Court Yesterday. OFFICER. BRANNON IS ‘COMING On motion of counsel, Charles Dick- inson of Island Lake, was released yesterday in municipal court after having been held for some time on a be open to suspicion of having mis.lcharge of violating the state Sunday placed the ballots myself, from the ! closing laws. ‘fzxct that during the late campaign|Hickerson, was found not guilty af- my sympathy has been with the can—l didate of my own particular party, than with the candidate of the op- posite party, even though the latter was an employee of my own office, | and a man in whom I have absolute | confidence. But 1 am satisfied with the fact that the latter has expressed himself absolutely certain that 1 am not to blame in the matter, and if others| think wrong of me, it is because they | do not know me. Perhaps my great- est fault is in thinking all men hon- His partner, Wyman ter a jury trial. He was held on the | |Sunday charge also. Dickinson was immediately retaken into custody and will be held for Special Officer who swore out a warrant Dickinson last August. The saloon operated by Hickerson and Dickinson is located in Island Lake which is a village and controls its own saloons. Island Lake is but a short distance south of the Red Take reservation line and about sev- against est until proved otherwise {en or eight miles from the agency. J. L. GEORGE. BEEL DEFEATS MILLER IN WRESTLING BOUT BY Tt is said that the saloons there are Ecoustanruy furnishing liquor to the | Indians. W. F. Dickens, agent at Red Lake, came to Bemidji yesterday to assist TWO STRAIGHT FALLS:i“ the prosecution of the cases. One i of the witnesses for the state lost his Duluth, Minn., Dec. 13. — Before | train and a second was ill in the hos- one of the largest crowds of wrest-i pital so that the state was able to ling enthusiasts of the year, Fred‘l_‘“t but two on t-he_stand and th'e Beell of Marshfield, Wis., won two|Jury rofused to convict on the evi- alleged that a few minutes after it|straight falls from Walter Miller, last | dence of two men. A few weeks ago, another Island tween the two villages they saw fire the season. Beell took the first fall |Lake saloon man, Bd. Collins, was along the right of way where none had been before. One of the wit- nesses was walking toward the train from Cedar Spur and the other back of the train from Williams but by the time they reached the fire it had grown too large to be put out and efforts of the men and the section crew were unavailing. This fire was said to have burned slowly for several days, gradually working north. On . the .following Tuesday the wind came up and the fire swept across a swamp lying back of a sand ridge north of the railroad track. On Friday it was close to Zip- ple’s place and a gale from the south- southwest took the fire into the tree tops and carried it across Zipple's land. It was said that at one time the fire made ten miles an hour but that three-founths of the nine miles from Zipple’s to the railroad was burned over from Tuesday to Friday. Charles Loring of Crookston and Albert Chilgren of Williams, attor- neys for the.plaintiff, traced the fire by means of witnesses from the time it was started the previous Thursday: until it burned across the Zippleland. (Continued on last page): in fifty-three minutes and thirty sec- onds with a full chancery, and the second after fifty-eight minutes of wrestling, Miller forfeiting after Beell had secured a dangerous head- lock. In the preliminary, Nestor Tuomi- nen, the Finnish champion, defeated Tom Ederly, the Pacific coast wrest- ler, winning the two falls in thirty- four minutes of actual time. Long before the match the crowd began to collect at the auditorium and when the main bout was called every seat in the large hall was filled. Beell appeared to be considerably overweighted, and despite the crowd’s demand that he weigh in, re- fused, forfeiting $100 to Miller, the outcome mot to have any bearing on the contest for the middlweight championship. .. While ‘it was agreed that Beell had the privilege of refusing to give out his weight, the general impres- sion was that he should have an- nouned by just how many pounds he exceeded Miller. The latter weighed 153 pounds, and Beell appeared ‘to weigh. close to the 170 mark. wrestling | tried in federal court on the charge of selling liquor to Indians and sen- tenced to @ year at Leavenworth but died three days after reaching the prison. ~ KILL FOUR IN OREGON By United Press. ' ‘ Salem, Ore., .Dec. 13. — Today is “Bloody Friday” in Oregon. For:five murders, as shocking as any in the annals of the state, four men were on a scaffold erected in the yard of the staté penitentiary. The .warden first passed out Mi}(e Morgan, the slayer of John York. He was followed by Frank Garrison who killed Roy Perkins; then Noble Fau- der, in an insane frenzy caused by drink, slew Louis Gilbert. H. E. Rob- erts, convicted of the double murder of Donald Stewart and George Has- tings was the last to be hanged. - McArthur’s department store in St. Paul was damaged o the extent jof $250,000 by fire Wednesday. night. ONE HELD; OTHER FREED) Brannon of the Indian department,; sent into eternity through two traps|* TWELVE DAYS TO CHRISTMAS Don't Be Afraid of the 13th It Is Only Unlucky For Those Who Put Off Their Christmas Shopping. GIVEN BIG VERDICT By United Press. Minneapolis, Dec. 13.—The larg- iest personal injury verdict on record in the state of Minnesota was upheld itoday by the supreme court. Mrs. Bertha M. Blakely was awarded $33,- 615.35 and her husband T. D. Blake- ly, $16,126.15 for injuries sustained when a closed carriage in which they were riding was struck by a Minneapolis street car. ELKS PLAN TO GIVE ANNUAL ‘CHARITY BALL J'AN'U_ARY 9 January 9 has been chosen by the Bemidji Elks as the date for their an- nual charity ball. It is the custom to give this ball before Christmas in order that the money raised can be used for Christmas relief but owing to the selection of the committee at such a late date, the ball will, be held in January. Scott Stewart has been ap- pointed chairman of the committee on arrangeménts and will'be- assisted by George T. Baker, Roy Lindsay, Dell Burgess, Charles Cominsky and Jack Hillabe. - E ~ About Baker’s Display “Ad” On another page of this paper | -appears * the: -.display advertis- ment of George T. Baker & Co. In it are several errors. The’ price .of -solid silver tea spoons should be 49¢ and not nine cents. The price of :the one- fourth karat solid gold mounted: diamond "ring should be '$31.50° and not.$27.50. These correc- tions are made so that buyers. will understand that goods are: “sold"at this store ds advertised.”| DUMAS’ FRIEND ARRESTED Walt Johnson, Cass Lake Druggist, On Trial Today for Violating Liquor Laws. |SOLD TO INDIANS AND WHITES Special to The Pioneer. Cass Lake, Dec. 13.—Walt John- son, well known Cass Lake druggist and friend of Dr. D. F. Dumas, was arrested here yesterday afternoon on charges of having sold liquor to In- dians and of having sold to a white man. Johnson’s trial on the second charge will start at 1:30 this after- noon and the preliminary hearing on the charge of having sold liquor to an Indian will not be heard until af- ter the trial this afternoon is finish- ed. The trial is by jury and a spe- cial venire was drawn this morning. Johnson is said to have been violat- ing the liquor laws for so long that he has come to be looked upon locally as arrest proof and his being taken into custody yesterday afternoon caused no little excitement here. Johnson’s place has leng had a repu- tation for open violation of law but village officers have apparently been unable to .get direct evidence on him. Yesterday some Indians were found with liquor in their possession and they confessed to having gotten it from Johnson. A short time later a white man obtained liquor from the same place and he also confessed to the officers. Johnson’s - name = was frequently mentioned in connection with the Dumas’ case tried in Bemidji about one year ago and at one time his ar- rest was:momentarily expected. The outcomeof the case is being watched with more than ordinary interest. FINNEGAN BREAKS SHOULDER. ‘William Finnegan; traveling sales- man for the Armour company local office, slipped on the ice.at the Ten- strike depot last Saturday and se- verely injured a shoulder blade. He continued his 'trip atid did nothing about the matter until Tuesday. of this week ‘when pain in.the shoulder forced him to seek a doctor. An X-ray showed that.the shoulder was dislo- cated but Finnegan continued on the road until yesterday when a second examination revealed a small bone in the shoulder was b THE BUTTON IS FOUND. ~ The mystery of the gray coat but- ton pinned to a telegraph pole was solved this morningwhen Mrs. A: A. Lord saw some small boys, playing with ‘the said .button. Mrs. Lord at once rescued said :lost,:. strayed - or stolen button and it was safely -re- tufnéd “to’ Tts” owner this afternoon. Itipays to advertise! A TWO PACKAGES OF BALLOTS ARE LOST Inspectors in Harris—Moon Recount Report Frohn and Grant Valley Missing. DEMANDED FROM THE AUDITOR Mr. George Reported They Had Been Filed in Vault Shortly After The Election. SITUATION IS COMPLICATED Envelopes Stolen Contained Votes Which Might Have Changed Official Canvass Figures. * When asked if he cared to make a statement in connec- tion with the disappearance of the Frohn and Grant Valley ballots, Mr. Harris replied, “I have nothing to say.” Mr. Moon was asked the same question and replied, “I do not blame in any way Auditor George or his office force for the disappearance of the missing ballots. Had I known that the case would take this angle, I would not have asked for a re- count.” Reporting that the county auditor was unable to deliver the electiom ballots from the towns of Frohn and ‘Grant Valley when called upon to do so, F. S. Arnold, inspector for C. 0. Moon, Thayer Bailey, inspector for J. O. Harris and Fred Rhoda, in- spector for the court, completed their work Thursday afternoon and draft- ed the report which was submitted to Judge Stanton today. The committee of three inspectors was appointed to count the ballots cast in the Harris-Moon fight for reg- ister of deeds at the general election. According to the official canvass of returns, J. 0. Harris, the present reg- ister, was elected by a majority of five votes. Mr. Moon later served no- tice of appeal and Judge Stanton or- dered a recount. The recount was started on Tues- day of this week and before it was finished it was found that the bal- lots from the towns of Frohn and. Grant Valley were missing. The- ballots have been in the custody of the county auditor since the electiom: and have been kept in his vault at the court house. Mr. George was with the inspectors during the recount. On the face of the recount with: the two towns missidg, Harris is giw< en a vote of 1,426 and Moon a vote of: 1,411. But by taking the count of the two towns as indicated in the ofs ficial canvass' of returns in Novems: ber, Moon has a majority of threei; The votes in the missing towns gave: majorities to Moon. y o When the inspectors called for the: ballots they ‘were brought from .the auditor’s vaults. When the chee! ing was completéd it ‘was notice_‘,; that two towns were missing and M George was.asked to produce them: After a thorough search he re‘parte& that they were not to be found an 3 the inspectors made up their ta.‘p]eg}_ without the missing votes. In theig; report to Judge Stanten, they -said: as follows: P “We demanded of theé county audis tor all the ballots cast at said_eleey; tion for said candidates and he portéd that: the foregoimg was a’li of all thé voting precincts of “the: county. We. then specifically de+ manded the ballots.cast in the voting' precincts of Eugene, Frohn an@r\ Grant Valley, ‘whefeupon = we weré advised by sald 'auditor that to the: best of his information mo ballots had been cast in the precinct of Eugene; that ‘ballots ifor:-said office: had .been .cast in Frohn and Gra Valley, that said ballots had been in (Continued on Page ) =