The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-03-29

dress by Mr., Funkley, yes
terday afternoon, and when G.
G. Strander had been called as
the first witness for the state,
John NJ. Martin, of counsel for
the defendant Wesley, made an
objection against the admission
of any evidence under the in
dictment, on these grounds:
Flrst-Because the indie ctment
returned by the grand jury
against Wesley does not state
facts sufficient to constitlt3 a
pu bic ofense, for the reason that
in said Indictment tho defendant
James Wesley is alleged to have
killed N. O Dahl by shooting
him with a rife, thereby calling
for a conclusion without sub,
hitting facts stating hat the
rifle was loaded with powder anu
leaden ball, or some Othor ex-
plosive, by which the rifle Was
fre5, and thereby wounded said
N. O. Dahl, by reason Of such
wound did larguiSh and die; and
Second-rhat the court takes
judicial notice Of It's records, and
that there is an indictment on
file in this court accusing one
Paul Fournier Of having killed
said N, O, Dahl hv shooting with
a rifle; that said indictment
against said Four1ier and indict-
ment against Wesley accuses
each separately as principals and
not as joint conspirators; and
that neither of said indictments
accuses either of said defendants
of having counseled, aided Or
abbetted the killing of N. Q.
Dahl as accessories before Or
after the fact.
The court held that he was not
certain concerning the ruling up
on the motion that the indictment
did not state facts sufficient to
constitute a pub bic otfense and
would hear counsel for state anu
defendant before opening court
Friday morning, aud wanted
counsel to furnish authorizes;
and as to motion alleging tha5 the
indictments gainst Fournier and
Wesley accuses them separately
as principals for the same kill
ing, the court said he did not
think objection would be taken
az this time.
The case proceeded subj 1t to
the decision Of he court IL the
morning.
G.. c.. Strander was called as
the first witness for thu sttte.
He testified as to the conditions
OF ths Dahl's and his relationship
to them; when they had last been
seen alive and the subsequent
disposal of the bodies; he identl-
fed ring as being one which
belonged to N. 0 Dahl; counsel
for defendant, out the county at
torney said he would later show
relevancy Of the Identification.
O. g. Rood was called. He
verified the testimony Of Mr.
Strander
Court adjourned until Friday
morning at $50 o'clock.
There was another large crowc
in attendance at the Wesley tria
today, much interest having Beer
awakened by tae st1tc mont:
made by County Attorney Funk
ley to the jury yesterday, II
opening the case for the state
tnat two witnesses would tell o
confessions alleged to have beer
made by Wesley, wherein h'
stated he and Paul Fournier hat
killed the Dahl's.
At $50, in chambers, Judg'
Spooner took up the matter O
the objections made by counse
for the defense, recorded above
Counsel for state and for de
fendant presented authorities
and the matter was thorough
gone over.
The court denied the motion a
the present time, but the defens
can bring up the same motto
later for arrest Of jod gment, O.
motion for new trial if ther
should be a conviction.
The decision was rendered i
open court, af!er which the tris
was resumed, objection bein
made by the defense.
M. D. Stoner, county surveyor
was the first witness called b
the state at the resum ption {
the trial this morning.
Mr.. Stoner presented q ma
showing the country in the vicil
ity of the Dahl homesteads. q
que sion he stated that he We
familiar with the township (
Qairing, and the neighborhood {
the house Of Miss Aagot Dab