The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06
MOTION TO DISCHARGE FAILS:
DEFENSE FOR DUMAS BEGINS

ternoon in defense OF Dr. nalbert F.
Dumas, mayor of Cass Lake, charged
| with an attempt at arson, and At
torney Lane announced that every
| effort would be made by his side to
conclude the case so that it might go
to the jury tomorrow.
| When court convened this morn
| ing Judge McClenahan announced
that although he saw the logic of
Judge Spooner's argument on the mo-
tion to discharge the prisoner on the
ground that the crime alleged had
not been proven, and that if it were
civil case he should grant the mo-
| ton, that he did not wish to "assume
the responsibility of annihilating all
! that the state has done, when the
state has no recourse in appeal" and
lthat he therefore would deny the mo-
ton.
I After John c. Larson, owner of
the saloon, where the alleged plot to
rob and burn the postofice building
at Puposky, had been called as the
first witness for the defense. the jury
was permitted to make a personal in
spection of the Larson saloon.
Horace Lydick, living near Cass
Lake, on the stand for the defendant,
| this afternoon swore that he had
Fbeen present in the doctors office in
Cass Lake last spring when Robert
tSmyth was there and that he heard
Smyth tell the doctor to send him a
Ibill whenever he was ready. This is
Etaken as an effort to show that the
$4,000 check found on the doctor when
arrested at Hibbing was in payment
for medical services. Lydick also told
of seeing DR.. Dumas in the Larson
saloon here on June IA.
! In his remarks at the opening of
| court this morning, Judge McClena-
! han said that the motion under con-
sideration was of such Importance
that "It demands a frank statement
and l could not express my attitude
/ by "a mere announcement. The stu
1 alton is a singular one. So far as
| that portion of the motion which re-
lateH TO the sufficiency of the indict-
ment I can say l do not believe it to
be sound.
upon the other branch of the mo-
ton confess I have had considerable
mental difficulty so much at
reaching a conclusion as to what
shall do. From a standpoint in law
the evidence leaves no doubt as to
the intent of committing the crime
charged Lawyers will admit this.
! Courts have not always agreed on in
tent and attempt.
"No case has been cited which pre-
sents just the situation with which
we are now confronted"
The court said that what had hap
pened in Bemidji must be eliminated
in the question at issue and that
what Behan and Davis did in the
store at Puposky bore on the point.
Explaining his final conclusion the
judge said:
my Judgment alone could dispose
of all this litigation. Unfortunately
the state is blocked if l so order with
no right to appeal. This is true and
this fossilized situation will remain
until someone or somebody courage
GUS enough to bring about change
appears.
"Now, l believe this motion ought
to be granted and yet I don't feel
that ought to do it. If were to do
it all the preparation the state has
so far gone 10 and all the efforts of
| trained and efficient council would
| be wiped out. 1t is in my power to
destroy utterly all the state has done
and it is also in my power to end the
| trouble of the defendant, but this lat
ter is not quite true because there
might be other complications.
eff this were civil case, frankly
admit that I would grant this mo-
ton.
"After very serious consideration,
however, it appears to me that l
| would be assuming too much respon-
sibility. I have two choices ut
ter humiliation for the state or the
other of giving the defendant another
chance before the supreme court.
| The motion is overruled."
The argument for the defendant
| was made by Judge Spooner who be-
gan talking at 4:30 Wednesday and
did net conclude until 3 p. m. yester-
day " hen he was followed by E. E..