The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-07

Cass Lake, and the question was met
with a vigorous protest from Mr..
Lane, in which he was sustained by
the court, who said he would cheer
fully listen to arguments on this
point, Mr.. James claiming that the
authorities differed on this matter.
! Court adjourned until 1:3O D. m.
Disappointed at Not Hearing Dumas.
At the opening of court this af-
/ ternoon, the courtroom was crowded.
women as usual predominating. The
Impression prevailed that DR.. Dumas
was to go on the stand but as the
defense had closed it's introduction of
witnesses at the morning session
those who had hoped to hear the de-
PENDANTS story from his own smiling
lips were disappointed.
Every seat in the courtroom was
filled and many persons stood, rather
than miss the proceedings.
There was a delay of several min
'utes past 1870 the time set for re-
converting after the noon recess and
during this time Dr. Dumas chatted
with friends and visited with attor-
neys and others in Judge Stanton's
chambers, across the hall from the
courtroom
Earl Cell First P. M. Witness.
Earl Cell, clerk of the grand jury
which brought in the indictment
against DR.. Dumas, was the first wit :
ness in rebuttal at the afternoon ses-
sion. Mr.. James asked the witness
| if Ole Ferguson had testified before
the grand jury and Mr.. Cell said
eyes,
Mr.. James then wanted to know if
Ferguson had said that the dynamite
purchased by Dumas for him was 90
per cent dynamite. Attorney Lane
objected to the propriety of the ques-
ton and as to the right of member
of the grand jury from testifying but
the court ruled that the testimony
could be given, if asked in proper
shape. .-~-'
Mr.. James then asked if Ferguson
hadn't said that he said he took the
dynamite home the same day, and the
witness said yes.
>. Cells Memory Given Test.
Turned over to Mr.. Lane, Mr.. Lane
| wanted to know if he hadn't fixed it
up with the attorneys for the state
and some members Of the grand jury
in the courtroom this morning as to
just what it was that Ferguson said
before the grand jury and the wit
ness said that there had been a con-
ference to refresh their memories,
but only in any effort to get the
ruth Mr.. Cell said there were four
members of the grand jury and each
suggested as to the words used by
Ferguson before the grand jury.
C. C. Crippen, the Bemidji photo
of taking photographs of the Ole Fer
guson place near Deer River, being
accompanied by Deputy Sheriff Hell
mer and Detective Fielding. Mr..
Crippen said these pictures, which
were taken on Sept. Is, at the re-
quest of Mr. Helmer and Mr.. Field
ing were of places at and near the
Ferguson home Attorney McDon-
aid introduced four photographs TAX
en- by Mr. Crippen as states exhib-
it's.
One Shows Stump Spot.
One of these photographs was of
the spot which Ferguson said had
contained the stump blown with dy-
Mantle furnished by DR.. Dumas. This
picture showed a growth of grass.
Mr. Lane objected to the introduce
tion of the pictures on the ground
that proper foundation had not been
laid for their introduction Mr. Lane
contended the condition of the
ground now was entirely different
than in June when, it is asserted the
stump was blown. Mr.. Mcdonald ar
gued that the pictures would show
that it couldn't have been possible
that stump was blown the first of
July. .-.s-cs
( The court wanted to know if there
was other evidence along this line to
! be offered, and when told that there
would be, the judge said, LETS hear
it and 1 will pass on the pictures la
ter -. - -.
Says He Saw Grass.
Continuing his questions to Mr..
Crippen, Mr.. Mcdonald asked if he
had seen grass or sod and the witness
said he had.
"The sod at the place where he said
the stump was blown was the same
as surrounding Places said Mr..
Crippen, who added that the grass at
| this point was the same as all over
the yard.
1T was timothy several inches
high added the witness The
witness said Fielding took some sod
from the center of where the sup
posed stump stood.
Helmer Follows Crippen.
/ n -