Bemidji Daily Pioneer Newspaper, April 19, 1915, Page 1

s i Zra VOLUME 13, No. 94. . BEMIDJI, MINNESOTA, MONDAY /EVENING, APRIL 19, 1915, FORTY CENTS PER MONTH, NATION'S HIGHEST COURT REFUSES T0 SET ASIDE LEO Atlanta Jew Now Faces GallowsAfter Fight for Life Lasting Two Years ‘%{:ccuéed of Murder. '-,-oq g HABEAS COX.-,, ""RIT REFUSED % Found Guilty of Having .. _{,' Mary Phagan, Factory Girl, on Testimony Given by Negro Sweeper. (United Press) Washington, April 19.—Leo M. Frank, the young Jewish superin- tendent of the National Pencil fac- tory at Atlanta, Georgia, who was convicted August 25, 1913, of mur- dering Mary Phagan, a pretty 14- vear-old factory girl, on April 26 of that year, faces death on the gal- lows, the United States supreme court today having refused to set aside the verdict of guilty. Up to Governor. That Frank will come to his death on the gallows now seems certain, there heing but one chance left, that being a hope that the governor of Georgia will grant clemency. The court today denied Frank’s applica- tion for a habeas corpus writ upon which the convicted man sought a new trial. Climax of Sensational Trial. The high court’s decree today was the final step of one of the south’s most mysterious and sensational mur- der trials, which has gripped public interest for months. Three times was Frank sentenced to be hung. At- lanta and the entire state of Georgia has been roused to fever heat of ex- citement over the murder and Frank’s subsequent legal fight for life. : The question before the supreme court today was whether Frank should be granted a hearing upon his writ of habeas corpus in the federal courts because of alleged denial of his rights under the Constitution dur- ing his trial at Atlanta in August, 1913. Frank was, by the trial judge’s orders, excluded from the court room ‘when the jury brought in its verdict of guilty. Violent pub- lic feeling against Frank was the cause. The authorities feared =2 demonstration, even if the verdict was ‘“guilty.” They feared Frank would be seized and lynched if the verdict was in his favor. Georgia militia were kept ready for a hurried call. That exclusion of Frank from the court room was unconstitutional was alleged by his lawyers. They con- tended that under the Constitution a defendant has the right to be in the court room continually during a trial and including rendition of the ver- diet. Novel Point Involved. This principal point advanced in Frank’s behalf was most novel, hav- ing never been decided by the su- preme court. That Frank had thus been denicd ‘“‘due process of law’guaranteed un- der the. Constitution was directly be- fore the court, both because , of Frank’s exclusion from the trial court room and also on another ground. The second principal point raised was that Frank had not re- ceived a fair trial. It was alleged that public opinion swayed the judge and jury and that “mob spirit” per- (Continued on last page.) FIRES CAUSE TROUBLE Several small forest fires in the vieinity of Bemidji have,given bother during the past several days. Yes- terday a fire at Lavinia began to spread at an alarming rate and sev- eral men from Bemidji were rushed to the head of the lake in the Mark- ham hotel auto truck. The flames were easily controlled, no damage being done. There was also a fire east of Nymore last night. AN ‘AGE OF DISASTERS Evangelist Reynolds Recalls Recent History in Sunday Sermon. (By C. W. Gilman.) Yesterday’s meetings of the revi- val campaign which is being held at the Methodist church were the larg- est of the week during which they have been in progress. Rev. Reyn- olds preached in the morning from the theme “Sold Out.” The lesson was taken from Genesis where Esau sold out for a mess of pottage. Mr. Chapman sang “Tell Mother I Am Saved,” and was enjoyed by all. Rev. Reynolds gave an interesting talk to the Sunday school. In the after- noon he gave an illustrated black- board sermon to the children. At the close of this service 27 children came to the alter and gave their hearts to the Master. Last night Rev. Reynolds preached to a crowded house on “The Day of God's Wrath.” He had his audience take notice that (Continuea on last page). FRANK'S CONVICTION HARRY THAW BEGINS NEW FREEDOM FIGHT New York, April 19.—Harry K. Thaw, slayer of Stanford White, to- day began a new and final fight to escape return to Matteawan asylum. Hearing of his last legal resort to avoid being returned to the state hospital for criminal insane was scheduled today in the supreme court. Arguments were deferred un- jtil Thursday. Briefs were filed. The proceeding today was based upon Thaw’s third application for a writ of habeas corpus since he was extradited from New Hampshire. The proceedings today were brought by Thaw to test his-sanity. If found in- sane he will ask for a formal dis- charge from. custody, having been ac- quitted—because of insanity—of murdering White in Madison Square Garden nine years ago. Thaw was forced to the proceed- ing today by the action of the su- preme court and Appellate Division in denying that, after being acquit- ted of conspiring to escape from Mat- teawan, he had the right to return to Matteawan. The courts held that, having secured possession of Thaw, the state, even after his acquittal for alleged conspiracy, could hold him, under the order of Judge Dowling committing him as a lunatic to Mat- teawan, return him to the asylum. The habeas corpus-trial today was brought by Thaw for a new determ- ination of his sanity. His counsel proposed today to ask for a jury trial, but the attorney general’s office con- tends that this is not permissable. ‘Re-opening and “re-hash” of the whole sordid story of Thaw’'s in- fatuation for Evelyn Nesbit and his killing of White was involved in the trial begun today. Many alientists will be called. Evelyn Nesbit Thaw may also testify. C D. A. R. CONGRESS OPENS ‘Washington, April 19.—Continent- al Hall, the palatial home on Potomac Park of the Daughters of the Ameri- can Revolution, was the scene today of the opening of the annual con- gress of the organization. Thousands of “Daughters” from all parts of the unien were present whemn-Mrs. Wil~ liam Cumming Story of New York, President-General, tapped the open- ing gavel. President Wilson will address the congress if possible. The vast au- ditorium was a bower of fluttering flags and pennants. The delegates, bedecked with brilliant sashes and a bower of spring millinery, added to the colonial scene. Pretty girls in white were the pages. Perfunctory business only com- prised today’s program. A creden- tials committee was appointed and the real business will begin tomor- row. Addresses from prominent of- ficials will be heard tonight and President-General Story will give a reception for the delegates. The principal business before the Daughters was election of officers. Only two candidates, Mrs. Story and Mrs. George Tatcher Guernsey of Kansas, were in the field, with the re-election’ of Mrs. Story generally predicted. “PATRIOTS’ DAY” CELEBRATED Boston, April 19.—All New Eng- land today celebrated ‘“‘Patriots’ Day,” the 139th anniversary of the battle = of Lexington. Excursions with thousands poured in on boats and train$, with Bunker Hill monu- ment their mecca. Patriotic services were held at all historic shrines, the sons of the American Revolution be- ing in charge of the celebration. A parade with exercises on Boston com- mon, was held this morning. Among the athletic features was big league baseball games this morn- ing and afternoon and an amateur Marathon race, with entrants from New York and many other cities, from Ashland to-Boston, under the auspices of the A. A. U. and Boston Athletic association. i e Mrs. J. J. Opsahl was called to Minneapolis Friday on account of the illness of her father. SCOOP J.: REPORTER ONE OF FIRST TO OPEN. Many Boats Used on Lake Bemidji Yesterday—Weather Fine. That Lake Bemidji is one of the first of Northern Minnesota lakes on which the boating season opens is generally known through this sec- tion of the state. Several launches were seen operating on Lake Be- midji, as were also numerous row boats and canoes, during Sunday’s fine weather. Perhaps the first launch taking a short spin on the lake this season was.that of B. W. Lakin, who took a trial trip a week ago among the floating “icebergs.” T0 HAVE SUMMER SCHOOL Five-Week Session Will Begin Here June 25, Announces W. B. Stewart, County Superintendent. FACULTY MEMBERS NOT KNOWN Bemidji is to have a summer school, according to an announcement made today by W. B. Stewart, county superintendent of schools. During the past eight years a summer school has been conducted here, the pur- pose being to provide opportunity for those desirous of obtaining first and second grade teachers' certiffcates to do so. Superintendent Stewart announces that the term will begin Friday, June 25, and will be in progress during a period of five weeks. The personnel of the faculty has not been announced but it is believed that it will be ex- ceptionally strong. In past years the Bemidji summer school has been favored by having placed upon its faculty list some of the state’s best known and foremost educators. The Bemidji school will draw stu- dents from several of the North-Cen- tral Minnesota counties, as has been the case during past years. Walker is to have a school this year. MANY VISIT TRAPS Thayer Bailey Secures High Score In Sunday Morning Shoot Thayer Bailey secured the high score at yesterday morning’s shoot of the Bemidji Rod & Gin club, breaking 20 birds out of 25. E. 8. Ashley was a close second with-18:: The last squad was forced to use the hand trap, a spring in the large one breaking. The scores follow: Shot at Broke Thayer Bailey ........25 20 E. 8. Ashley ..........25 19 M. H. Hazen .......... 25 ° 16 Martin Kenfield .......26 15 Ben Samuelson ........25 14 Ralph Lycan ..... vee..26 13 L. Tind. 5 vananis 13 J. Murphy ........ 10 George Cochran, Jr. ....25 11 B. Erickson ...........26 8 K. Guenther ..........25 8 The next shoot will be- held ‘Wednesday afternoon. TENNIS PLAYING TO START. Grounds Have Been Improved by Club This Year. Tennis in Bemidji is to start in real earnest this week, both courts having been put in first-class condi- tion, the fencing repaired and set back, the ground rolled and salted down and other necessary work com- pleted. "Tapes will arrive within the next few days and active practice, preparatory to a tournament, will be begun. Those wishing to use the courts will be asked to deposit the necessary fee of $2.00 for old mem- bers and $4.00 for new members witih Carl Johnson. Sandland-Cheney. . Miss Ida Cheney and Gilbert Sand- land, both of this city, were united in marriage Saturday evening at the Presbyterian manse, Rev. J. C. Strand officiating. Bekkum-Lauritzen. Arnold Bekkum and Lillian Laur- itzen, both of Bemidji, were united in marriage by Rev. J. C. Strand Sat- urday at the Presbyterian manse. A want ad will sell 1t for you. SECRETS T0 BE REVEALED]EASTERN SITUATION Theodore Roosevelt! Promises That Political Closets Will Be Opened ] FORMER PRESIDENT DEFENDANT Syracuse, N. Y., April 19.—During the trial of the Barnes-Roosevelt sult, begun here today, Theodore Roosevelt promises to “open Republican state organization closetsiand reveal some political skeletons. William Barnes is suing the former Republican pres- ident and present Pfozresalve leaders to recover $50,000 (damages for al- legel libel. Bossism ‘was the keynote today. 2 I Amidst his pre-election activities last year, anvelt’ declared a bi- partisan agreement; existed in this state between the Republican and Democratic organizations. He spe- cifically accused Barnes of being politically leagued Wwith Charles F. Murphy. ‘Barneés, although no long- er Republican state ‘committee chair- man, is regarded still as state Repub- lican leader. Murphy, as head of Tammany hall, is 1doked on as state Democratic leader.. Following the colonel’'s cry of. “combinatio against Barnes, the Republican lead- er instituted his present libel action. Barnes first petitioned the case’s trial in Albany county, his place of residence. Before Supreme Court Justice Chester at Albany, Roosevelt some weeks ago moyed for a change of venue. The colonel alleges Barnes controlled Albany county and an ‘“impartial trial” was impossible for him there. Justice Chester denied the motion by the appellate division at Saratoga, upon Roosevelt’s appeal, fixing Onondaga county as the placc of trial. i A prevailing impression is that the present court proceedings are rich in possible revelations, affecting - not only Albany county and New York city politics but also state and even national politics. * According to some political observers the trial may tell an interesting and illuminating story of all four. Roosevelt’s friends de- clare that lie as New York’s governor used his opportunity to learn the Em- pire State’s “inside politics” and he stands ready- to share. his alleged knowledge with the public. That the defense will probe deeply into many political operations on Barnes’ part in Albany county is cer- tain, Reports from Albany declare that the defendant’s counsel has scat- tered a numiber of subpoenas in that district. The indication is that the records of the Democratic probe of several years ago in Albany’s Repub- lican polities: will undergo searching examination. : Owing to the prominence and the well-known political antagonism of the prinecipals, nation-wide interest is centered on today’s trial. Barnws has for his counsel Ivins, Wolff and Hoguet of New York, while Bowers & Sand of the metropolis represent Colonel Roosevelt. TREATMENT IS - FRIENDLY Animosity Toward: Americans Which Swept Germany Two, Months Ago Has Entirely Disappeared. Now ESPECIALLY COURTEOUS By CARL W. ACKERMAN. Berlin, April 4.—(By mail to New York.)—The spirit of animesity to- ward Americans which swept Ger- many two months ago, seems to have disappeared. The 1,400 Americans in Berlin and those in the smaller cities of Germany have little cause to complain of discourteous treat- ment. . Americans just-arriving in Berlin in particular comment upon the friendliness of their receptions. The | Germans have been, especially cour- teous, they declare, on learning of their nationality. Feeling against the United States for permitting arms to be shipped to the allies still exists among the Germons to a degree, but I have 'not' found it-extensive. Two American doctors, studying in Ger- man clinics, declare the wounded sol- diers always talk about “Amerikani- sche kugel” (Amerjcan bullets.) But it is my observation that the | (Continued on last page. The Chief Is A Hard Man To Warm Up To T URE AS POLICE REPORTER T EXPECT TOSEE AWHOLE. NOT SATISFACTORY. That Russians are Displeased is Shown by Often and Sudden Effort to Bring Italy Into War. SLAVS ADOPT NEW ATTITUDE Rome Seeks to Further Only Their Own . Interests — Appeals Fall On Deaf Ears. By J. W. T. MASON. New York, April. 19.—That * the eastern military situation is very unsatisfactory to the Russians seems evident from the open and sudden efforts of Grand Duke Nicholas and M. Sazanoff to persuade Italy to enter the war. Hitherto, whatever pres- sure was brought to bear on Italy the Allies has been secretly applied. All public references to Italy have been guardedly worded and have carefully worded and have scrupulously avoid- ed any semblance of pressure. This attitude has been due to a of the fact that Italy -self-interest alone is dictating the policy of King Vietor's government, and secondly, to a belief that the Allies’ cause would not be streng- thened by too openly expressed de- sires for Italy’s help. Adopted New Attitude: Russia, however, has adopted a new attitude' and is endeavoring to tempt Ifaly in just the clumsy fashion which the Western Allies consistently have sought to avoid. ) The Russian commander-in-chief has telegraphed to the novelist, Am- phitatroff, that Italian participation in the war is the only course that will insure the realization of Italian ideals. The Russian foreign minister has wired the novelist also that Rus- sia will give complete support fo the realization of Russian ideals, provid- ed Italy intervenes immediately. The two messages were not written siim- ply as friendly responses to a re- quest to a novelist for expression of opinion. - They are in reality. state| documents and they unquestionably indicate fear on the part-of the Slavs that Italy will remain neutral to the end of the war. Have Counted Heavily. The Russians have counted heavily on an Italian declaration of war against-Austria. - Haly’s intervention ‘would compel a redistribution of the Austrian forces and the Slavs doubt- less- have been expecting the Carpa- thian defenses would be weakened by Austria through the necessity for guarding the Italian frontier. The failure of the present Carpa- thian campaign, a growing fear that Italy might settle her difficulties with Austria by diplomacy, both seem to have produced a shock at Pétrograd. Nervousness and impatience appar- ently have resulted, causing Russia’s most distinguished military and stato- craft leaders to make public appeals to Italy to enter the war. Messages Mistake. There can be no doubt but that the messages of Grand Duke Nich- olas and ‘M. Sazonoff are a mistake. The only possible influence they can have on Italy is to formulate a sus- picion that the Russians are aban- doning hope of their ability to end thé war victoriously without assist- ance. . / The Italians have no desire to as- sist the Slavs. Italy wishes only to further her own interests. In fact, one of Italy’s grievances is that, thanks to Austrian encowragement, Slav influences are dominating Ital- ian interests in Austria. An appeal, therefore, from Russia for Italian help will fall on deaf ears at Rome. The Italians will count the cost of intervention somewhat more rigor- ously as the result of Petrograd’s urg- ings, and .that is all. Russia had been better advised to follow the lead of France and ‘England and make no public plea for Italy’s favor. Son at LaBaw Home. Added dignity will now grace the reportorial end of district court pro- ceedings. This_for the reason that Lee A. LaBaw is'now ‘“papa,” a vig- orous son having arrived at his do- micile yesterday afternoon. * Oregon ‘has 12 women bank off-| clals.. : WUZ24 MATTER. COURT TO RECONVENE. One Jury Case to Be Tried at Ad- journed Term Tomorrow. With but one case for trial the second fdjourned term of district court will be held here tomorrow with Judge B. F. Wright of Park Rapids presiding. © Graham M. Tor- rance, county attorney, has moved the criminal calendar and the case cf of State of Minnesota versus Call England, accused of grand larceny in the second degree, will. be tried. There are several court cases to be tried. % 2 MILL T0 START SAWING Plant No. 1 of Crookston Lumber Company Will Start Work Tomor- row Morning—To Employ 400. MANY IMPROVEMENTS MADE Residents of Bemidji will hear a familiar and welcome sound tomor-, row morning, the blowing of the big whistle at plant No. 1 of the Crook- ston Lumber company. The toot of the big whistle will place nearly 400 men on thé pay roll of the lumber company, Bemidji’s greatest industry. The big mill will start sawing with almost the same crew which was working at the time the establish- ment closed last fall. Day and night shifts will be worked. The machin- ery was turned over today and all de- tails made ready for the beginning of operations tomorrow. During the winter both plants of the company, No. 1 and No. 2, have been thoroughly repaired and new machinery installed, a large sum of money being expended, it being the aim of those in charge to place the mill in first class condition in every respect, and adding to the safety of workmen. It is expected that plant No.-2 will begin sawing during.the next two weeks. WOMEN OF MANY NATIONS PLAN PEACE MOVEMENT (United Press) Amsterdam, April 19.—A ‘women’s committee met here this morning to arrange-plans for a peace conference to be held at The Hague, April 28. On this committee are representatives from the countries of Germany, Aus- tria, Hungary, Denmark, Sweden, Norway, Holland, Italy and the United States. Jane Addams, repre- senting the United States, was elect- ed chairman of the committee. COUNTY JAIL FLOODED Mrs. Olson, Suffering:From Insanity, Plugs Basin and Turns Water On With water four inches deep the first floor cell rooms of the county jail were flooded yesterday afternoon when Mrs. O. B. Olson, of Nymore, who is suffering from insanity, rip- ped open a pillow and using feathers stuffed the water basin. She then turned on the water-and it had been running for some time before being discovered. Mrs. Olson, who has been committed to the Fergus Falls asylum on three occasions, was re- leased from that institution five years ago, but never discharged. Her be- havior of late has been such that her return to the asylum has been found necessary. Deputy ‘Sheriff Denley had much trouble in placing Mrs. Olson in custody. Mrs. P. M. Dicaire left last eve- ning: for Prairie Du Cheine, Wiscon- sin, where she was called by the death of her aged father, M. Freder- ick. Mr. Frederick was.82 years old and died very suddenly. Miss Nora Harris of Superior, Wis- consin, is- a guest at the George Cochran home. She arrived in Be- midji this morging and will remain during the next week. Rev. 8. E. P. White, pastor of the Presbyterian churcgh of this city, re- turned this morning from Camp No. 28 where he has spent the past sev- eral days. 6ef§ctive Page BEMIDJI T0 VOTE ON $60000 BOND ISSUE TOMORROW Proposition of Retiring City War- rants Will Be. Placed Before Cit- izens at Special Election. STATE WILL PROVIDE MONEY Passage Means That Various Funds of Municipal Government Will Be Placed on Cash Working Basis. . Citizens of Bemidji will tomorrow be given opportunity to act on the proposition of bonding the city for $60,000, a special election being held for that purpose. The polls in the four wards of the city will be open from 6 o’clock in the morning until 9 o’clock in the evening. Polling places will be located as follows: The Polling Places. First ward—Miller's Grocery store. Second ward—Fire Hall. Third ward—Log building in rear of Dicaire’s store. i Fourth ward—Dhiley’s |ment agency. Of the $60,000, the amount of the proposed bond issue, $55,000 will he used to retire outstanding unpaid warrants and the remaining $5,000 will be placed in the permanent im- provement fund. S Reason for Bond Issue. The bond issue was recommended by a committee of representative cit- izens of Bemidji after it had thor- oughly investigated the financial con- dition of the city. . This committee found that the city is now paying six per cent on all warrants and that if a bond issue should carry the bonds could be ‘sold to the state of Minne- sota at four. per cent, a saving of two per cent. In additiomr a discount of ten per cent, which is now charged the holders of all warrants in con- verting them into cash; will be saved. One of the chief reasons for the nee- essity of a bond issue is the loss of approximately $30,000 in anticipated revenue caused by the-saloon closing order of the government. % _Will Not Increase Debt. Contrary to.the belief of many-the passage of a bond issue will not in- crease the city’s debt in: the least. The money to be secured from the state will be used to pay off indebted- ness that now -exists, and in addition will save the city the two per cent referred to above. At the beginning of the fiscal year the total indebtedness of the city was about $98,000. Of this amount $60,- 000 1s for bonds for the water sys- tem, which is a necessary .public utility and self-sustaining. As an offset to the debt the city has every bit of property that can be given a physical valuation, such as real es- tate, buildings, equipment of all kinds that is owned by the city, and in addition tG this it represents every bit of permanent improvements mads, such as bridges, grading streets and roads, street and - alley crossings, walks, paving, sewers, septic tank and so on. Debt to Be Less, Bemidji’s indebtedness at the ‘emd of the fiscal year will be less than at present because a bond issue of $25,000 which will be due and pay- able' the first of October, the money for that purpose being available in the sinking fund. 2 About $11,000 of the $60,000 in unpaid warrants is held by the banks. In order to approve of the bond issue a majority will be necessary at the polls tomorrow. Every voter of the city should cast his ballot. CHIEF LANE RESIGNS George Lane, chief of the Bemidji police, has resigned. ~ Mayor William McCuaig received the resignation Saturday and this morning an- nounced that it would probably be accepted. He has not named a suc- cessor. Chief Lane has been in charge of the Bemidji police force for a little more than two years, be- ing a most capable official. He has not decided definitely what he will do in the future, but has several pro- prositions nnd\er consideration. Employ- N\ Nelson Quits-Business. Peter Nelson, who has conducted a grocery and confectionery store in the Neely building across the track for the past two years, has gone out -|of business there and the store will again be operated by Mr. Neely, who took charge the latter part of last . week. Ice Leaves Lake Irving. Lake Irving is clear of ice. Sat- urday the lake appeared half full of ice and iestnrdny not a speck was to be found, it all having disappeared during the night. The ice in Lake Irving usually leaves about two ‘weeks ré that in Lake Bemidji. /