The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-12-16
Spear Refers to Testimony of Witness
Brandt and Says it is His Word
or Minister'S.
MCDONALD. SPEAKS FOR STATE
Says Building Was Burned for Mon
ey and That Evidence Offered
Wasn't Disproven.

With the understanding that by so
doing it will not jeopardize habeas
corpus proceedings, Edward Gearlds,
yesterday bound over by Municipal
Judge H. A. Simons to await the ac-
ton of the February grand jury, has
furnished $4,000 bonds and is at lib
erty. He is charged with being in
volved in plot to burn building at
Blackjack last March.
Although Attorney George Spear,
for Gearlds, will not say that an eff
fort will be made to annul the action
in municipal court by starting ha-
beas corpus proceedings in district
court, it is known that such a move
is contemplated
How Hearing Ended.
The proceedings at the preliminary
examination yesterday afternoon
were brought to sudden end. while
the. defense still was attempting to
convince the court. that his client
ought to be dismissed by Judge 81
mons announcing that there had been
enough evidence to indicate probable
guilt. and that he should hold the
prisoner to the grand jury.
Following the Introduction of evil
dence to show that the Blackjack
building had $4,000 insurance on it,
closing arguments were made to the
court, Mr.. Spear speaking for the de-
Tense and Attorney E. E. Mcdonald
for the state.
Spear for Defendant.
Mr.. Spear said that while the fire
appeared to be of incendiary origin
there had been no evidence produced
to show that the defendant was in
volved in the crime. He spoke of a
"certain> atmosphere which has emf
mated at this trial" and took excep-
ton to the attitude of the states wit
nesses. He was severe in his thrusts
at Brandt, who swore that he had
seen Gearlds pay "Boston Blackie''
$50 for the "Blackduck job" and who
now is fugitive from a charge of
perjury. Mr.. Spear declared that the
untruthfulness of this witness was
apparent He sharply critized the at
torney general who was brought to
Bemidji as a witness for the defense
and called the attention OF the court
to Rev. Moody of Virginia who testi-
fled that Brandt could not have been
in Bemidji at the time he said he
was here because Brandt was with
him. He said the task for the court
merely was to decide between the tes-
timony of Brandt and Rev. Moody.
ri sometimes wonder if the state is
lost to shame in this prosecution"
said Mr.. Spear. - -..
Mcdonald Makes Reply.
Attorney Mcdonald defended the
attorney general and said it would
have been highly improper for the
court to have permitted him to an
swer the questions asked by the de-
Tense. He said the state had but one
object: to marshal all the available
evidence. He said there could have
been but one motive in setting the
building on fire-to get the insur--
ance. He declared conditions had
reached the point where every case
of incendiarism should be given
searching investigation. He referred
to the testimony of Brandt and said
only the assertions of Rev. Moody
had been offered to disprove it and
that Rev. Moody gave dates from
memory only and that he had suf-
fered from a nervous breakdown.
"Outside Of Rev Moody's state
ments. Brandt's testimony stands un-
contradicted," said Mr.. Mcdonald.