Bemidji Daily Pioneer Newspaper, February 8, 1919, Page 4

! vigdre PAGE FOUR NO ERRORS IN MURDER'. .- TRIAL, SAYS TRIBUNAL Goper ooux TR NNEROTS (Continued from Pnse One) relevancy thereof to the issues in the case, cpuncil evidently being of the oplnlon that the ruling of the eourt was right. ‘The contention now made by new counsel, is that the statute _prohibiting giving evidence conversa- tions with a deceased party or per- son (Sec, 8378 G. 8.1913) has no ap- ~=*plication "to: criminal presentations, -that the conversation was admissable as part of the res gestae, and theére- that the ruling of the court was prejudicial error. ¢ “It may doubted: whether ‘our statutes which prohilsit giving in evi- dence . conversations with deceased persons has an application to crimin- al prosecutions. As. originally ‘en- acted, and it appears in the statutory revision of 1886, it clearly was Hmit- ed to civil controversies arising out of contract.” Then gollows citation of xecnou in question, also cases, and continues: Exclusion No Error. | “But conceding for the purpose of the case that the statute does notiap- ply to criminal prosecutions, and that conversation between the defendant and Nelson was admissable as part of the res gestae, the fuling of the court excluding it presents. no error of which defendant may complain. ' If by assuming and stating to the trial court that the evidence was inadmis- gable, if the.staté objeeted, coumsel for defendant did not invite the Ful- ing now complained of * * * the gub- ject matter of the conversation ‘was not ‘shown to bhave ‘any relevancy to the issue of trial. Counsel for defend- ant undoubtedly knew to what it re- lated, the:purport and effect thereof, and whether it.was material to the defense and should in some way have disclosed the same to the.court. This otherwise adviseéd upon- the subject. he did not do and:the court was not The exclusion: of the conversation was not, therefore, reversable error: “The rule that the materiality of proffered evidence must be shown to render the exclusion thereof error is well settled in this state, and applies to criminal “prosecutions as well as civil actions.” ~ Then follows citations to show that “defendant is not shown to have been prejudleed by tha ruling.” % No Error. Thers' Was no error in the refusal of the court to submit to'the jury the question of manslaughter in the first degree. - The defense relied upon, as shown by testimony, “that ‘the fatal ehot was fired in a.moment when he wids mentally deunged and irrespon- dible.” The court 80, lnat}ucted the jury; says the ¢piniof, to which no objec- tion was made,” c;mt refusal of re- quests for Instryctions which’ inclid- €d one of manslaughter.® "“The shoot. ing was not’the result ‘ot passion; aroused from the sudden’ combnt or other provgeation nlsm - from the conduct, of ‘Nolson. iing ‘ot the kind was, intimated by Hlm fn giv ng his testimony to the jury.” _"The opinfon thén zoes that ‘an attempt the stairway Nelso: humped Henri- onnet's head against the wall causing his to lose his senses, also *‘an affi- davit made the basis of his action for a new trial predents the case in an ‘entirely different_light and fintky in- consistent with the'record made:at the trial.” Defendant’s’ Demneanor, - The opinion then tells of the de- fendant's demeanor at the time ot ine shooting and after he emptied the - revolver at his victim, and the de-| cision states ‘“‘defendant chose a8 a defense,’ 8 suddenly deranged 'mind, rendering-him unconsious of his &cts and by thilt his case must be tested in this court. And.thoreover, the evi. dence-in our viéw ‘of the.record s overwhelming: that he fired the fatal shots ‘at.:Nelson with intention: to kill, thus taking the case entirely out of the range of -manslaughter jy the first degree. So.far ps appears by the record, Nelson was unarmed.’’ The: oplnlon th{n calls attentfon to what followed the stairway s na and tells ‘'of Nelson runniug from hallway pursued by Henrionnet ntlll shootiig at him, and statements made by the latter to questions asked ‘by witnesses.. . “The new thoery:first made in the affidavit supporting the action for a new trial comes too late. The record made at the trial cannot thus be sup- plemented or enlarged. * * * Surely defendant cannot be permitted; to play fast and loose with facts, eyen though his liberty is at stake.. The evidence points- unerrlugly to inwn~ tional homicide.” Evidence Is Subporting. In closing the decision says: “The evidence fully supports the verdict and We find dfrom the redard no error to jusu 'y lnterl’erenc. oy this court.” YANKES LOST HATS IN PARIS, (By United “Press.) Paris, Jan. 24. (By Mail.)-——On the second night. of the celebration in connection with President Wilson's arrival in Paris, ‘there.was gcarcely an American soldier—office or man —with a hat.. -The girls, rollicking on the boulevards, developed a sud- den craze for American hats and caps as souveniers,. regardless of rank, snatched their hats and-sped away, or made them forget the hats andor 3 bombardment of kisses. There’s a rear admiral who is .aid to have been seen chasing one boule- vard beauty. two-blocks to recover his gold-leaf covered cap. Maybe the rear admiral would deny it, but any- how it is said he kissed - twenty-five girls to get the cap back; it being the only one he had. LIVE OAK MEMORIAL.. (By United Press.) Washington, Feb. 8.—An oak grove in honor of soldiers killed in the war is to be planted by the Au- dubon Park cnmmhsion k! New Or- leam. says a m umohtm:bdsyal\'bm sunt H. J. Neala = -~ THANT 1D DEPT) e ¥ Advertisements in this column cost half céent a word per issue, when paid cash in advance. « No ad will be run for FOR SAxx weight 1200 1bs. Good breeching harness, good: sleigh and narrow tire wagon. Harry B. Osborne, La- vinia. Phone -19F13. 2d220 FOR SALE—Residence property at corner - Pifth street and Bemidji - Ave., formerly ocfupied -by. Elliot, florest. On " account of, losing heavily in forest fire at Brookston last October, I will sacrifice this property for cash. Address owner, . Rowe McCamus, Saxon, Wis. '6d24 FOR SALE—House and lot on Dewey . avenue. Call “1109 Dewey Ave. 3-210 FOR- SALE-—Wednesday and Thurs- day, dirg t;ttmm car, birch, $7.76 i;p seord (this is No. 1 ard—16 inch'birch, . From $3.50, $3.25, arack, $3.00, $2,75, $2.60; 16 inch jack pine, $2.75, $2.60, $2.26; 16 inch ash, $3.00; 16 inch mixed wood, ‘part green, $3. George H. French & Sops. Phone 93. 4d28 FOR SALE—Houseé and lot, also fur- corner, Nymore. at ‘once. Vlncont Jonu, Nymore, Minn. - 12d211 FOR SALE—Quarter section ‘in Township one fifty seven, Range thirty-eight. Ditch tax paid for ninteen seventeen. Low price and liberal terms at 6% for quick.sale. Address. “L. C.” Pjoneer .office. 174216 FOR SALE—Oak, well built store ladder. Call at Pioneer ofllitl:;.sit FOR RENT ‘ F‘OR RENT—From May first to Oct. first, small modern furnished house on lake shore, Adddress, HD., care Pioneer, giving name. 3d28 FOR RENT-—Modern furnished and heated room. 516 Bemidji avgnzueo 5 -21 ' WANTED WANTEDd-Laundress‘ kitchen girl. " Kellilier hotel. - 3.210 wmrm‘)—may to ndveruse by us- .ing.her_phone. Gall Mrs. Chase, M’grkhnm hotel. ° 1-28 WANTED—To hear from owner of good farm -for: sale. - Stake cash price; full particulars. D. F. Bush, Minneapolis, Minn,.. / 28 WANTED—Man or. woman, salary $24, full time 60c an hour spare time, selling guananteed hosiery to wearer. Experience .unnecessary. Guananloed Mills, Norn\;lo\\n Pa. ld2‘4 WANTED-—GIrls. also delivery man at Bemidji Steam Laundry. Work begins Mar. 3rd. Adddress J. J. 'l‘rm;k 6d215 WAN' l‘El’) TO BL\—Cash paid for Liberty bonds. Inquire after 5 p. m. evenings, room 51 Markham | hotel. 6d28 WANTED—Kltchen help. Kelliher hot!l 3 - 3-210 AGENTS \VANTED——«Memorls.l Life of Roosevelt, America’'s War for Humanity, each, $2.00 50% com- mission to.agents.. Ford -Automo- bile -given free for 90 days best record eales. Send 20c for each outfit.” F. B. Dickerson, Co., Da- troit, Mich. 4d211 3.00; 16 inch tam- |- POLITICAL ANNOUNCEMENT (Authorized and to be paid for by AT Carlson. series.) A. T. CARLSON FOR - MAYOR I am a_candidate for the office of | the work of the ol d-fashioned mustard Mayor. I believe in an. economical| P and business-like administration of|ter. You do not have to botfier with a the city’s affairs, as far as this office is _concerned. Your support at the polls election day, February 18th, will be much appreciated. A. T. CARLSON. T R AR e POLITICAL ANNOUNCEMENT L. F. JOHNSON To the Voters of the City of Bemidji. I am a candidate for the office of Mayor of this city at the election to he held February 18 next, and solicit the support of every voter who be- lieves in an honest, efficient and eco- nomical administration,of .all depart- ments of the city. I have been president of the city council for two years and represent- ed the First ward as alderman for two years, and am.familiar with the.needs of a growing city like-ours. Pending legislation means much to ‘Northern Minnesota, and Bemldjl, the “City of Enterprise” should be in a fwsmon to take advantage of such egislation. Respectfully, L. F. JOHNSON THE BEMIDJI DAILY PIONEER Amount, $10 for I I | Musterole is & clean, white ointmen SATURDAY EVENING, FEBRUARY 8, 1919 ! HUSTEROLE—QUIEK RELIEF! NO BLISTER! Soothes and Relieves Like a Mustard Plaster Without the Burn or Sting” For Quick’ Returns and] SHIP YOUR' ‘Hides, Furs, Wool Sheep Pelts and Bee Wax and Tallow. To NORTHERN HIDE & FUR’ COMPANY 118 Belt. Ave. Bemidji, Minnésota made with the oil of mustard. It does plaster—does it better and does not blis- cloth. You simply rub it on—and usually the am 1s gonel doctors and nurses use Muster- ole an recommend it to their patients, ‘They will gladly tell you what relief it gives sore throat, bronchitis, croup, stiff neck, asthma, neuralgia, congeafiun, pleurisy, rheumatism, lumbago, and aches of the back or chng:mts. ma sore muscles, brui Big_Jurhp inPrices " Hide Market Has Advanced The demand for furs was never &e;tis O&!gs of the (lt often pre- better than it is today. Sell while umonia). pricesr-are high. ° and 60c jars; hospital size $2.50, . For the highest market price in Hides or Furs —Bring or Ship to— Goldberg s Hide & Fur Co. Bsmidih, Minn. We Pay Frelght on All Shipments 112-3rd St. 1 DoorW.of Exp. Office Phone638-W Ry. Tie Cutters Pulpwo::; dcutters WANTED W. G. SCHROEDER Cor. 4th and Minn, Ave. This company has mo *watered stock.”. " For every dollar’s worth of stock or bonds issued a dollar has been invested in the property. M. E. IBERTSON Funeral Director and Licensed Embalmer PICTURE FRAMING A SPECIALTY Phone 317-W and 317-R 405 Beltrami Avenue BEMIDJI, MINN. DRY .CLEANING Clothes Cleaners for Men, Women and Children # / SUBSCRIBE FOR THE DAILY PIONEER A L A O B PP PP PP OP LIPS PN, YHOGANS OF THE UNIVERSAL CAR WANTED—Land with good house. - lake or river frontage, close to town on G. N. or M. & I. Ry. Give full particulars, legal descriptiom, and lowest cash price. . Address KLB, care Bemidji Pioneer 6d211 WANTED—Ralroad tie cutters and 1 | | | insure yourself of the earliest possible delivery. Runabout, Touring Car, .Coupe, Sedan or One-Ton Truck. Production is coming through in limited quantities at present. It takes some time to turn the big factory back from 100 per cent Government work to 100 per cent production of Ford So first come, first served.. The demand is big from every part of pulp ‘wood’ . cutters, see W. @. cars. aciirosder. Goramr $th sad-Mixi the country, and the Ford Motor Company will be impartial in the effort _to serve fairly every oné of the great army of Ford dealers, This means WANTED—A second hand sub serv- Bh T caanapated Bilel, thatfor some time to come we are not going.to have enough cars to sup- cheap .for. cash. . Address XY%|§ ly ouritrade, so, as above stated, those who place their orders first, will Pioneer.” p y have first dehvery Probably in no other line of human activity is there a greater utility than the Fard car. That’s why it is so well named “The It serves everybody, both for business and for pleasure. WANTED—Girls at Bemidji Steam Laundry. Work begins Mar, 3rd. Address J. J. Trask. 7d28 WANTED—To rent; with bath; in‘ desirable location. Not too far. from the business dis- Universal Car.” 6 room house Rk ‘ Again we urge your placing early orders, especially if you want de- livery by spring. Prompt, courteous service.. ° trict. Address “S,” Pioneer. 120tf FOR ANY kind of a real estate deal, see or write E. J. Willits, 407 Bel- trami Ave. Phone 41. 1213t WANTED—Small flat or 3 room apartment, unfurnished; man and wife.. Address H, A. H., Pioneer. 4d2-27 C. W. JEWETT CO,, Ford Authorized Sales and Service BEMIDJI, MINN. INC. TEL. 474 Furniture Renovators All work guaranteed. Work- called for and de- livered. General Repair Shop Plighie 488 311 6th'St: TEL. 474 Place your order with us now, for that Ford car. you want, in order to - - | | | | { \ ! ] | | ‘ l | | STAHL-JACOBS i