Bemidji Daily Pioneer Newspaper, March 4, 1918, Page 1

; Pursuant’ to an if) OF HOME GUARDS IS ORDERED OVER TOWTH BATTALION Taken From Eleventh Battalion By Order of Rhinow, Head of the A State Guard. SWINSON SENIOR CAPTAIN; BAND IS TRANSFERRED Three New Con;par'lies Are Members of New District; Bemidji Unit Ranks High. order received rom adjutant General Rhinow of the innesota Home Guard Company D, Eleventh Battalion, Bemidji, is transferred..to, - the Fourteenth bat- talion. and: designated as -Company This 1s the:official notice received today by Captain ‘Thomas Swinson of Company D. The New Bntts.hon. The -Fourteenth battalion = con- tains, in the main, new companies, Névis, .Cass 'Lake and Akeley being the “babjes” of the battalion. Park Rapids and Bemidji are the veterans of the new Battalion. Park Rapids is Company A; Be- midji, Company' B; Akeley, Company C; Cass Lake, Company D, and Nevis, Company E. ' Park Rapids has mno captain at present, Captain Scheers commands the new company at Ake- ley, Captain Marshall commands Cass Lake and Captain Giese com- mands the company at Nevis. Thus Captain Swinson becomes senior cap- tain of the battalion. Captain D. B. Lynch of the Park Rapids com- pany has been named major of the battalion. / ‘Band Goes. Also. The” transfer ~of Bemidji’s: crack company will likewise transfer the Eleventh battalion band, which -now becomes the Fourteenth battalion band. The sanitary corps of -the Eleventh- battaton; ~headquarters -at; Bemidji; will likéwise go over to the new Pourteenth battalion. Bemidji’'s Home Guard is one of the best equipped in the state and is classed as one of the best compa- nies in Minnesota. It has a.lready had considerable experience in ac- tive service and it is in top notch| form. It will be up to the other companies to get in trim and bring themselves up to the same plane. The reason given for the transfer is that with the organization of the ew companies caused too much con- gestion in the district of the Elev- enth -battalion. PROGRAM OF CONCERT - BY BAND THURSDAY Next Thursday night, at the Grand theater, the Bemidji band will give an” all-Bemidji talent - concert, the proceeds to be used for the pur- chase of instruments and incidentals for the band. The program is as follows: ° “Star Spangled Banner.” “The. Thunderbolt” — March (Brown) Band. Overture—!‘Princess of (King). Band. India” “Dance of the Imps”’—(King) Band, ' . Wa!tz—“Cupids Dream” * (Crosby) Band. Vocal - solo—*The Awakening,” v &Xda Virginia Brown. g Boys’' choir — Selected patriotic songs. Male quartet—Selected. Clarinet solo—‘“The Blue Bird Song,” Director P. R. Peterson, as- sisted by the band. “Heart Throbs”’—(by Band. “Teddy Trombone” — (Fillmore) Band. March—*Battle Cry of F'reedom Band. . o R . request) READY FOR’ An allied .antiaiveraft battery on the west front all ready to give the German aviators a warm reception. |Even With Peace Signed, WarTo Continue In Russia BEMIDJI AGAIN “TOPS” SUB-STATIONS FOR FEBRUARY RECRUITING Respectfully calling the attention of Major J. D. Yost, Minneapolis, head of the recruiting in Minnesota, and all others in this recruiting dis- trict: Bemidji, if you please, has again topped the sub-recruiting stations in her district for the month of Feb- ruary, just closed. She cleaned up everythlng in the. district, even Su- perior, a city that has Bemidji ‘“beat- en to death” in the matter of popu- lation. During the month of February, Bemidji sent to the colors 34 enlisted men, and only one was rejected. Su- perior, Wis., sent only 20; Ashland, Wis:; sent. only:12; Virginia came along with 13; Brainerd sent only 7; Ely sent 5, of which one was re- jected, and Hibbing sent only two. -Duluth. sent 70, but Duluth is sev- eral times tlie size of Bemidji and is the head office of the district with an office force and three men can- vassing continually for recruits. FIND TRENCHES DESERTED (By United Press) London, March 4.—General Haig today reported that the British last night conducted several raids over a wide front and in many instances found German trenches deserted. BEMIDJI . S. GIRLS BEATEN AT AKELEY The Bemidji " high school girls made a trip to Akeley on Saturday and were defeated in a hard fought basketball game played that after- noon, The game started rather slowly but had reached an exciting pitch by the end of the first half, which found Bemidji with i three field baskets to her credit and Ake- ley one field basket and ome foul, making a total of 6 to 3 in Be- midji’s favor. Between halves, Akeley must have acquired from some source a great deal more speed and some real fight- ing spirit, and they were able to run up their score with some very good field work, The final score was 26 to 12 in Akeley’s favor. N In the absence of Carrie Brown, the Bemidji center, Josephine Par- ker played that position and scored all of Bemidji’s points. Pearl Phibbs and Madge Trafton did some good work as forwards. Lucile Young and Elsie Nuus played as guards and Emma Golz acted as substitute. J. C. Peterson of Akeley refereed the game in a fair and square man- ner, say the girls. The next game will be with Walker at Bemidji on Friday, March 8, in the armory. Canada and America Join Hands In Recruiting Work The United States and Canadian recruiting - offices have been- moved to new quarters, which are on the ground floor at 220 Beltrami avenue, between Second and Third streets. The two offices are being housed under one roof and will co-ordinate in the work of securing volunteers for the allied armies. The plan is to keep the offices open evenings with ‘an officer in charge. The rooms are large enough for both, and will afford a pnvate com- partment for the examining of vol- \mteers The cost of rental will be jvided between the two govern- ments. Local expenses for the Unit- ed States office will be maintained by popular subscription. Already thirty business men have signed a scription petition, agreeing to keep the fund in the local treasury up to at least $20 monthly. The civilian recruiting committee also .circulated a popular contribu- sub-{ tion petition which is being freely signed. Thus far, several donations have been secured. This is in addi- tion to the ‘“Good Fellows,” whb have no: made donations, but have agreed to keep a surplus in the treas- ury. Those who have not yet been seen and wish to be one.of the con- tributors on either list will confer a favor by leaving their name or dol- lar with Corporal Foucault. Here are the contributors (not sustaining) thus far: C. F. Hicks, Rudolph Koepp, A. M. Bagley, George Pellow, A. M. Ascham, Gust Brown, W. B. MacLachlan, A. . Kleven, R. B. Smith, D. H. Fisk, Eli Arnold, Mrs. Runyon, William Clish, Ray Dennis, A. N. Gould, A. M. Sande, Herman Eickstad, E. J. Bour- geois, William Eberline, Mrs. Mec- Cready, E. H. Jerrard, F. Grimoldby, A. A, Andrews, Bemidji Gas Co., J. J. McCurdy, Reynolds & Winter, Frank Dewey. BEMIDJ I DAILY PION | DI O BEMEDJI MINNESOTA MONDAY EVENING. MARCH 4. 1918.\ THE COMING OF GERMANAIRPLANES (By Joseph Shaplen) United Press Correspondent Copyright, 1918. Petrograd, March 4.~‘“Even with peace signed at Brest Litovsk, war will continue,” /Agricultural Com- missioner Kalegayeff told the United Press today. “Sporadic recolution has already begun through throughout Russia and will not end. The country is unable to conduct a real war against Germany but a partisan life or death ers and white guards. It will be a civil and class war, similar to that in Finland. I am convinced the German army, as such, will not par- ticipate. The provinces occupied by the Germans are. devastated. The Germans must feed Russia in occu- pied territory. .If they take Petro- grad, they must feed 3,000,000 in- habitants: The same condition is true of Ukraine. Therefore, mili- tary victories will simply tighten .the JUDGE HOLDS BAKER, NOT M’AD00, SHOULD DIRECT RAILROADS Louisville, March 4. — Federal Judge Walter Evans in an opinion rendered here, denying Federal courts exclusive jurisdiction in dam- age suits against transportation companies solely because. they are under government control, indicated that he had failed to find any stat- ute authorizing Director General Mc- Adoo to take control of the railroads of the country. War Devartment Function. The text of the opinion, which be- came available here, in this connec- tion says: “Under no established rule of in- tetpretation can it be doubted that Congress authorized in time of war, the war department, and no other, to take over the railroads. If we as- sume (which is inconceivable) that the Secretary of War declined for that department, we can find no statute authorizing the control of the railroads under the Treasury depart- ment nor by a director general of railroads.” McAdoo Lacks Authority. Judge Evans cited the law empow- ering the government to take over the railroads, pointed out that Con- gress specified it should be done through the War department, of which Newton D. Baker is the head, and asserted that W. G. McAdoo, “who was and is Secretary of the Treasury,” has been appointed by President Wilson as director general, an office which the court says, the law does not recognize. Would Comnel Baker to Act. After remarking it is inconceiv- able that the War department was asked and refused to take over the railroads, Judge Evans declares, if the letter of the law were applied, it would be a question whether Baker and not McAdoo would not be com- pelled to operate the railroads “in person.” ALLIES AND TEUTONS (By United Press) Washington, March 4.—Vast pre- parations by the allies and Germany are progressing rapidly on the west front for the great struggle. The momentum of battle is increasing, says Baker in his weekly war review today. The enemy is continuing to bring up fresh forces, continues the review. struggle is possible against the junk-|, PREPARE FOR STRUGGLE) CLUB, Oji = MURDEP ‘N SECOND DEGR~c; VERDICT IS - OUiC KLY REACHED what it should be. He informed the Jjurors that it was for them to judge that point. He spoke of the rela- tion of the jury to the general pub- lic and the performance of their duty as they alone should determine. He cited the law in many instances to substantiate' and amplify clearly the various points of his instructions, and when he had finished on every hand were heard the highest com- mendation for the ableness and fair- ness of the charge to the jury. Slaver Sits Calmlv, Throughout the judge’s address to the jury, Henrionnet sat beside his counsel, two relatives sitting direct- ly behind. He rested his right elbow on the table and his chin rested up- on his hand. In this posture he sat throughout Judge Stanton's charge and was placid, at times glancing from downcast eyes toward the Judge. The court room held another large crowd, women being much in evi- dence, present to hear the charge to the jury and witness the closing scenes of the trial, Arguments to Jurv. In his address to the jury, County Attorney Torrance thoroughly an- alyzed the entire affair, taking it step by step to the jury. He made no attempt at verbal pyrotechnics but held up the facts in the case and the testimony of wltnesses for the defense. The county attorney branded as a lie the story of the murder ws given by Henrionnet as well ag the alleged “frame-up” at the sanatorium. Ridicules Prisoner’s Tale, He ridiculed the tale of Henrionnet wherein he narrated his being shoved against the hallway wall, bumping his head, which left his mind blank at the time of the shooting and af- terward. Mr. Torrance contended that had such been the case it would have been the natural thing for him to have informed others about it and at least have told his doctor when the latter examined the ac- cused two hours later, after the shooting, As it was, the defendant on the stand stated that the first time he gave. the story was to his attorney in the latter’s office. “It is an 1nilt to your intelli- Second degree murder cames with it a life sentence. It is expected an appeal will be taken. Asked today when Henrion- net would come up for sentence, Judge Stanton replied he wasn’t quite certain. “Guilty of murder in the second degree.” Such was the verdict of the jury that heard the trial of Roland Hen- rionnet, charged with the murder of Oscar Nelson on the forenoon of No- vember 15, the scene of the tragedy being in the Third street stairway entrance to the Northern National bank building and on the walk in front of the bank. The verdict of the jury was re- turned Saturday night after a de- liberation of one hour and 55 min- utes. Judge Stanton finished his charge to the jury at 8:50 o’clock and the verdict came in at 10:45 o’clock, Mother in Hysterics. As the foreman of the jury made known the- verdict and the jurors were polled, all in the affirmative, Mrs. Henrionnet, mother of the slay- er, burst into loud hysteria and it was with difficulty that she was re- strained. She had waited in the court room for the verdict after the jury retired, . unwilling to leave while the fate of her boy was in th}balance. 'he arguments occupied practic- ally the entire afternoon. State’s Attorney Torrance spoke for one hour and 156 minutes, and E. E. McDon- ald for the defendant, spoke for three hours, closi ng at 5:45 o’clock. Court was then adjourned until 7:45 o'clock, when Judge Stanton was to give the jury its instructions in the law. He commenced at 7:55 o’clock and finished at 8:50 o’clock. Masterniece of Lezal Analysis. The instructions and the charge to the jury was a masterpiece of legal analysis and fairness. Judge Stan- ton spoke slowly and not a word but what was heard in every nook of the courtroom, He spoke of the du- ties of the jurors and what their attitude towards the case in its en- tirety should be. He placed before them the three verdicts, one of which they had to decide. The first was the verdict of murder in the first degree, the second, murder in the second degree, and the third, ac- quittal. He informed the jury that the trial disclosed unmistakably that Roland Henrionnet shot Oscar Nel- son, causing the latter’s death. The points to be considered, then, being the circumstances surrounding the tragedy. Law Seals Lins of Living. The question of the “eternal tri- angle” did not figure in the charge of Judge Stanton. Any conversa- tion between Henrionnet and Nel- son either before the entrance of the pair into the hallway, or during the time they were together when Henrionnet commenced to shoot was not allowed to be related by the de- fendant as a witness and hence did not figure in the trial. In such case, when death seals the lips of the dead, the law seals the lips of the living. Degrees of Murder. Judge Stanton described the defi- nition of murder in the first degree. He stated that the killing of one man by another constituted either murder, manslaughter or justifiable homicide. The indictment procured before the grand jury by State’s At- torney Torrance was for murder in the first degree and upon this in- dictment was Henrionnet tried. Murder in the second degree was analyzed as where the slayer didn't think before committing the crime. The third form of verdict was the acquittal. Indisputable Facts. Indisputable .facts enunciated noose around fhe German imperial- ist ineck.” The American, British and French consuls have arrived in~-Moscow from Kieff. Petrograd is dazed following the peace signature. The commission- aries wired Petrograd workmen ex- plaining the peace signature as was formed and was simply an ultimatum supported by an armed outrage. “Scran of Paper” (By Joseph Shaplen) Copyright, 1918. Petrograd, March 4.—The peace treaty signed at Brest Litovsk is now regarded as merely another ‘scrap of paper.” The highest enthusiasm for fighting is displayed in Petro- grad. The pan executive council has call- ed-an extraordinary council of sol- diers, peasants and cossacks at Moc- cow March 12 to decide whether to accept or reject peace. The move- ment to unite all parties is growing. BERLIN REPORTS OPERATIONS CEASED (BULLETIN) (By United Press) Berlin, March 4.—The formal an- nouncement of cessation of opera- tions against Russia was made to- day. U. S. AMBASSADOR MOVES HEADQUARTERS (By United Press) Tokio, March 4.—David Francis, American Ambassador to Russia, will establish his headquarters at Vladi- vostok, moving from Petrograd. WEST POINTER DIED A HERO IN BATTLE (By United Press) With the American armies in France, March 4.—‘“Steady, baoys. They outnumber us but we can lick 'em,” were the last words of the West Pointer who commanded the detachment in an encircling move- ment and cut off by a raiding party of 250 in a recent trench raid. A survivor told the story of how the officer lieutenant died. ATTORNEY GENERAL SMITH IS CRITICAL (By United Press) St. Paul, March 4.—The condition of Attorney General Smith is worse gence, gentlemem.of the jury, to ask you to believe the story related by the defendant. Society must be pro- tected,” asserted the county attor- ney. 45 Cartridees Left. ‘““Here is the coat and vest, powder stained and blood stained, with the bullet holes. Here is the revolver with which Oscar Nelson was mur- dered by Roland Henrionnet. Here are five empty shells. This box con- #ains 45 more loaded cartridges. They are all his. He is the owner. He says ‘there are others.” Will you give him back his revolver and cart- ridges and turn him loose? Would you be doing a kindness to the pub- lic? Is it safe to do so, gentlemen of the jury?” Mr. McDonald for the defense took the view that when Nelson shoved Henrionnet against the side of the hallway and bumped his head (as Henrionnet alone said) that his mind became a blank and that he did not know what transpired until he reached the city hall after the ar- rest. He talked three hours and also covered the case from start to finish. He contended that the state introduced no evidence which estab- lished that premeditated murder was done. He contended also that it was no crime to restore one’s family to himself and re-establish his home. “It is not every taking of life that constitutes murder,” contended Mr. McDonald. “In this case the evidence proved conclusively the story told by the defendant that his reason left him when his head struck the hall in the stairway, and that he can not be held responsible for hisgctions while his mind is unbalance CLEAN BILL GIVEN CHICAGO BOARD TRADE (By United Press) today. Physicians said his recovery|were: is doubtful. That Oscar Nelson died in Be- - midji, Minnesota, on the eighteenth day of November from wounds in- flicted by Roland Henrionnet. v Second, that the death of the said Washington, March 4.—The Unit- AR Oscar Nelson was caused by wounds,| ed States Supreme court, in a deci- sion handed down today, held that by bullets, fired from a revolver held in the hand of Roland Henrionnet. The verdict, if murder in the first degree, must take into consideration premeditation, time not being con- sidered. The second degree, without design or premeditation. the Chicago Board of Trade was not a combination in restraint of trade. HUGE APPROPRIATION BILL (By United Press) A " . Washington, March 4.—Carrying Stanton Highly Praised. an appropriation of over $1,800,000,- Judge Stanton touched on the} 000, the urgency deficiency bill was trial in several of its phases. He|reported to the senate today. The recalled the testimony purporting to|senate committee had increased it show that Henrionnet had been ill|over $73,000,000 over the house WEEK MARCH 10 o177 JOIN A AR SAVINGS SOCIETY BUY WAR SAVING STAMPS DECLARE FOR THRIPT . s ———— | and that his physical being was not!committee. T I | | ; | i fo