The Bemidji pioneer., 1900-11-29
WHIPPLE is ACQUITTED.
Famous Murder Trial Ends Tuesday Night to the Satisfaction
Of the Slayer Bennie Moore. Jury Out Two Hours.
TT WAS A GREAT LEGAL BATTL]
Abes Council the Both Sides Plethora of Testimony
Taken The Judge Practically Instructs Jury to Find for
Defendant. Verdict Not Pleasing to Bemidji Folks,


der case brought in verdict OF mot
Guilty" Tuesday night at twenty min
utes to twelve O'Clock. It took less
than two hours and five ballots for
them to reach decision. The defend
ant received the news with much agi-
tation; he wept like child and shook
the hands of the jury with words OF
gratitude. All through the trial, both
he and his wife maintained a perfect
composure, but she broke down when
the Jury retired to their room.
Judge Holland finished reading his
charge to the jury at ten O'Clock. 1t
practically was an instruction for
acquittal, as several of the jurors SO
stated afterwards. The verdict was
totally unexpected here, except by a
few, and public opinion in Bemidji is
strongly against the decision OF the
jury. Although said opinion has soft
ened considerably since hearing the
testimony.
The Jury was composed of James A;
Thompson, foreman, Bagley; Charles
Depew, Buena Vista; Nels Loberg,
Summit; F.W. Berkey, Popple; D. j..
Tracy, Buena Vista; Valentine Steitz,
Buena Vista: G. W. Heglin, Buena
Vista; W. D. Wheeler, Moose; Geo.
Brennan, Bemidji: Nick Kies, Buena
Vista and W. H. Rice, Bemidji. They
were lot of intelligent-looking men,
representing nearly a dozen national
tiles. r..
The State charged Russ Whipple
with murder in the first degree; that
engaged in a row with Bennie Moore
in the barroom at the variety; that
the former was soundly licked and
then lost his teeth; that he went out
and borrowed gun; returned in 70
minutes to the barroom, walked up to
Moore without words or warning and
shot him dead; that he realized his
crime and gave away his revolver; tn at
the shooting was premeditated and
not accidental; that the size and char
acter Of Moore and size and action OF
Whipple could not justify the killing
in self-defense.
The Defense set up the claim that
the shooting was accidental or SELF
defense. That conspiracy was aimed
at Whipple, headed by Fitzpatrick
and Moore, two desperate characters;
that there were two quarrels IN the
saloon at variety, at both Moore was
aggressor; at the first, Russ withdrew
out of fear; armed for defense; was
again attacked and then lost his teeth;
that the blow brought his hand and
revolver out of his pocket and the re-
volver discharged accidently.
Both sides had an abundance OF
testimony to prove their story.
Up to last publication fourteen wit
pesses had been examined for the
state: M. D. Stoner, made diagram
of the interior of the, variety hall,
which was accepted as an authentic
scene of the shooting; Doctors New
man and Adamson testified to the
body of deceased; Frank Silversack,
to character of Moore; G. G. Blake,
A. B. Hazen, John Benner, Charles
Schroeder, John Benner, John Cros-
by, and Delbert IT. eaters, as to various
incidents in the tragedy to which they
were in whole or part eye-witnesses.
E. L. Naylor, as to the body in his
capacity as undertaken.
Sheriff Nygaard testified as to the
arrest of Whipple and identified the
revolver.
G. C. Woodward testified to being
handed the revolver by Whipple i'm
mediately after the shooting.
Thos. McArty testified as to Whip
ple's asking him for gun.
Mrs. Morisette, mother of Bennie
Moore, from Glidden, Wis, testified
to his being her son by first hus-
band, and to his character and size
Al Hallet, Indefinite account OF
shooting and quarrel.
Nose Montour, as to visiting Whip
pie in jail and being told, 1T vii 60
hard with me for going out and getting
a gum"
c. W. Davis, as being all eye wit
ness to the shooting: how Whipple
entered saloon, walked up to Moore,
leaning against the bar, and shot him
without warning.
John McAvoy, as to being on the
scene few minutes afterwards.
F. E. Dudley, as to meeting Whip
pie afterwards, being shown the teeth
with remark, "A person cannot stand
for having teeth knocked out
G. W. Davis, recalled by state, tes-
titled to being in theatre previously.
D. B. Newman, recalled by State,
gave description of deceased.