The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-25
George Spear, Their Attorney, De-
clares Have Right to Demand
Such Procedure.
MAYOR FIRST" SAYS MCDONALD
Doesn't Wish to Say Why and De-
cision Goes Over Until Next
Wednesday.

Following the arraignment yester-
day of Dr.. Delbert F. Dumas, on
charge of arson alleged to have been
committed at Blackjack, March 10
last, a conference when consumed
the entire afternoon, took place in
the chambers of Judge C. w. Stan
ton when an unsuccessful effort was
made by attorneys on both sides to
set the date for trial of the arson
cases.
All Want Speedy Trials.
Edward Gearlds, arrested last
week in Portland, Ore, and his twin
Brother Edward both of this city,
and Ed. LeClaire, alleged yeggman,
who is still at liberty, are all named
in the Indictment with DR.. Dumas,
and each of the men under arrest,
have demanded separate trial. In
addition to this is the charges of per-
jury against Ole Ferguson of Deer
River, witness before the grand
jury in the first case against DR..
Dumas.
Array of Legal Talent.
IT, Who shall be tried first and where
the trial shall be held was the ex-
cuse of the gathering of Geo. Spear,
of Grand Rapids, attorney for the
Gearlds; Judge Marshall A. Spooner
and A. A. Andrews of this city, at
torneys for Dumas and E. E. McDon-
aid, special attorney for the state in
the arson cases, before Judge Stan
ton. r..
Spooner to Ask Change of Venue.
Judge Spooner gave notice that he
should make motion for a change
of venue next Monday morning, and
if granted the case probably will go
to Brainerd. Attorney Mcdonald OPP
posed change of venue. The judge
said he would listen to arguments on
both sides and give a decision on
Wednesday of next week. The sug-
gestion Of Judge Spooner that the
case go over for the present term was
objected to by Mr.. Mcdonald, "un-
less the defendant valves his right
to a change of venue" and this
Judge SpOOner refused to do.
Wants Dumas Case First.
Mr.. Mcdonald said it was the de-
sire of the state to first take up the
Dumas case, then the cases against
Gearlds and last the charge against
Ole Ferguson. He refused to say
why Dumas should be tried first.
Attorney Spear insisted that mas
much as his clients were the first
on, arraigned under the indict-
ment that they be the first to be
brought to trial. He indicated that
he would be willing that these cases
be tried here.
To Consult With James.
Attorney Mcdonald said he wished
to consult with Assistant Attorney
General James, who has represented
the attorney generals Office in the
prosecution of DR.. Dumas. Mr.. James
at present is south of Ball Club, near
here, with State Fire Marshal Chas.
e. Keller and Assistant Fire Mar
shall Sam Fullerton and Judge Steele
of Minneapolis on hunting expedi-
ton and is expected in Bemidji this
afternoon. 80
At the conference yesterday it was
indicated that if change of venue
is granted DR.. Dumas the case will
be tried at Brainerd.
Gearlds Defense Explained.
The position of the defense in the
cases against Edwin and Edward e.
Gearlds was made plain during the
informal discussion in Judge Stan
tons chambers.
Each of these defendants said
Mr.. Spear, "has demanded and been
granted separate trial. There is,
therefore, no identity, between these
cases and that against DR.. Dumas.
These Gearlds cases are for trial up
on their merits and without regard
to any case pending against any 9TH
er defendant. We desire them to be
tried at the earliest convenient time,
and further will seek the court to
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