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


ment was faulty and that the evil
dence did not show that the crime
of attempted arson had been COM
mitted.
Judge Grants the Request.
Judge McClenahan granted the re-
quest, under the provisions of Section
5409, revised laws of 1905, which
provides that if the court believes
law, the case should be certified to
the supreme court, the judge also re-
marking that if he passed sentence
on the doctor vacancy would be
created in the office of mayor of Cass
Lake. The doctor furnished bond in
the sum of $4,000, with his father,
Frederick Dumas of Minneapolis, and
C. M. Johnson of Cass Lake as sure
ties.
Dr.. Dumas Faces New Charge.
DR.. Dumas was Immediately ar
raigned and pleaded not guilty to a
charge contained in an indictment re-
turned by the Beltrami county grand
jury alleging that he had engaged,
counseled and procured Mike Davis
and Martin Behan to enter the store
at Puposky in the night of June 16
with the intent to steal personal prop
erty of greater value than $25 on
circumstances not amounting to
burglary, being a gross misdemeanor,
with the privilege of withdrawing
plea and filing demurrer or plea of
former conviction. The doctor was
allowed to furnish bond of 81, 900
of his own recognizance in this case.
In Line With Courts Attitude.
The arson case as certified to the
supreme court and the action of the
court this morning is in exact line
with the expression of the court made
at the time Judge Spooner submit
ted his motion to dismiss the action.
Doctor Dumas st;i' faces the charge
of conspiracy which has been lodged
against him by the federal govern
ment, and which will be considered
by the federal grand jury at the term
to be held in Fergus Falls in Novem-
Der. The doctor has given a $4,000
bond for his appearance when want
ed in this case, with his father and
J. w. Johnson of Cass Lake as sure
ties, thus making total of $21, 900
bonds under which he has his lib
erty.
The Judge Charges the Jury.
In delivering his charge to the
jury, Judge McClenahan said:
"Whatever difficulty there may be
in the questions of law is more in
the application than otherwise. The
evidence is a matter which belongs
entirely to you.
"Everything that has been admit
ted as evidence may be considered by
you. In that connection l want to
caution against drawing conclusions
on isolated evidence.
so when you come to consider this
case consider It in general.
1.-The charge is arson in the third
degree. I will content myself in say
ing that if the building had been
burned that would have been arson
in the third degree. The building
was not burned but it is for you tC
say if there was an attempt to burn
the building. An attempt is defined
as an effort falling short of the &C.
tual commission.
Il charge you that if you believe
the witness in the Larson saloon, the
intent is established.
But that intent alone is not suff
cient to justify a verdict of guilt ir
this case.
"Assuming that you find there was
an intent you will take up the othe1
elements necessary to establish thai
there was a crime Behan and Da
Wis entered this particular building
and the evidence discloses that they
had certain articles and their actions
there will command your serious con
sideration bef,re arriving at yer
dict of guilt.
"Of course, the case abounds in de
tails which seem to have little bear
ing on the main question, but the.
are Important AS to other offenses
I charge you that the defendant il
being tried on the charge in the in
dictment, and it is this charge which