The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-10-14
ny questions but remained in the

any questions but remained in the
jury room after afiant had left it.
An affidavit made by Andy Nc
Nabb was read, in which Mr.. Nc
Nabb stated that he had been in
formed by divers and various per-
sons of what the grand jury was
doing and of the indictments re-
turned against Mr.. Slocum: that
the proceedings of the grand jury
concerning the intentions of the
grand jury to indict the said M.
G. Slocum, and after he was
indicted and before his arrrign-
menr, was.a matter of common
knowledge throughout the city Of
Bemidji.
Edison Bereman also made aft
davlt that prior to the returning of
the indictments and after they
were returned and prior to the
arrangement of Mr.. ~Slocum he
had heard from divers and vari-
GUS persons that Mr.. Slocum had
been indicted upon three charges;
and that there had been informa-
ton on the street prior to the
indictments that Mr.. Slocum
would be indicted.
The affidavit of Frank A. lack
son was also read in which Mr..
Jackson stated that he saw H. J.
Loud enter the grand jury room on
October End; that prior to October
End he had heard various persons
state that M. C. Slocum was about
to be indicted by the grand jury;
and prior to the arraignment OF
Mr.. Slocum he had been informed
that Mr.. Slocum was indicted on
three charges.
Mr.. Gibbons said that he would
call special attention to the clipping
taken from the Sentinel as showing
a conspiracy to indict Mr.. Slocum.
The matter of the indictment and as
to what the grand jury was doing
was matter of common gossip on
the streets.
H. J. Loud had told Mr.. Jackson:
and Andy McNabb and Edison
Bereman swore to the fact, that the
actions of the grand jury was com
mon knowledge on the street.
Mr.. Gibbons referred to the. afida
Wit of Mr.. Rhoda as showing con-
clusively that H. J. Loud appeared
before the grand jury and was cogni
zant of the transactions of that
| body.
Mr.. Gibbons referred in caustic
terms to the utter disregard of the
charge given by the court to the
grand jury to keep secret all its
transactions; that stranger, and
an arch enemy of the defendant had
been allowed to be present in the
jury room when it was deliberating
on charges preferred against the
| defendant. The whole affair was
malicious conspiracy and poll
teal intrigue.
The grand jury, said Mr.. Glib
bons, was not only guilty of con.
tempt of court but of gross mis-.
conduct in their actions in this
matter. The statute particularly
specifies that indictments must be
kept secret until the persons
indicted have. been arraigned;
therefore the actions of the grand
| jury was gross misconduct.
Mr.. Gibbons referred especially
to paragraphs "E" and EFF" in his
original motion.
County Attorneys Remarks.
When Mr.. Gibbons had finished.
County Attorney McKusich ad.
| dressed the court as follows:
MAY it please the Court:-It
may occur to the court that am in
rather an unusual position in regard
to this matter. Such is the case: il
is a. very unusual position for a
prosecuting attorney to be placed in.
l am called upon here to defend a
motion to set aside an indictment
which I am absolutely powerless tc
combat in any way. I was not
present before the grand jury when
the witnesses were being examined
IN this matter: had nothing
| whatever to do with the finding of
the indictment: and could not, if