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

4 $50 ~
At 4 p. m. today all the evidence
in the Dumas case had been com.
.pleted. s.z 4
I. This means that on Monday the
case will go into the hands of the
jury there to be decided whether the
Cass Lake physician and mayor
must go to the penitentiary as re-
lsalt of the charge of attempted arson
/ brought against him by the state
8 o'clock Monday morning clos
ing arguments will be made by at
torneys on both sides, the judge will
deliver his charge, and the jury will
retire to agree upon a verdict.
! The trial has been on in district
court here before Judge McClenahan
since September 20. It required nine
days in which to obtain a jury, three
special venires being necessary.
! On September 20 three jurors were
obtained: Peter Maui, Otto Smith,
and r. j. Gould. On the next day
B. J. Jenkins, James Perkins, and II
o. Halvorson were added to the jury
Then there was a delay until Sept.
q when John Wagner and August
! Weber were chosen, and the day fol-
lowing the jury was completed with
George Duffy, John Thoren and R.
E.. English.
From the beginning the jury has
been under close guard and has slept
! in the grand jury room at the court
house, being brought down town for
| meals.
Several witnesses were put on to-
day by the defense, but Doctor Du-
mas did not go on the stand.
Funkley First Witness Today.
At the opening of court the defense
called Henry Funkley as the first
witness of the day. Mr.. Funkley's
eyes are in such condition that he
was given special witness chair
with his back against the light. Mr..
Funkley said he had been sick in
bed and told of meeting at his
house with Mr. Lane and Sheriff Ha-
zen. >-'
How was that meeting brought
abOut?" asked Mr.. Lane
swell, 1 had had a talk with Mr..
Hazen regarding the Puposky affair,
how Behan was found and how he
was captured. Mr.. HaZen said he
flashed a light and saw for the first
time that it was Behan. Then Ha-
zen said Behan told him he had been
dragged into the job-that he only
was to be watchman., Then I
asked the sheriff if he didn't think
Behan had been dragged in and Ha-
zen thought Behan told him at the
time of the conference at the Lar
son saloon he was sleepy and didn't
know what was going on.
Told it to Andrews.
''This I told to Mr.. Andrews. !
later met Mr.. Lane on the street.
| Mr.. Lane wanted to know it
couldn't get Mr.. Hazen to go on the
stand and swear to the above and
said 1 didn't know but that I could
| arrange a conference. Therefore,
called Mr.: Hazen on the telephone
and he came to my Office at my resi-
dence.
"Mr. Hazen came and opened the
conversation, saying to Mr.. Ha-
Zen-'
Mr.. James objected and was sus-
tanned. 80.
Mr.. Lane asked:
During that conversation did I OF
did I not ask Mr.. Hazen if Behan
had not said he was drunk in Lar
sons saloon?"
This was objected to as not in line
with impeachment questions and the
objection was sustained.
"This testimony" said Mr.. Lane
s'is for fatty an effort to contradict
Mr.. Hazen's testimony IS
Funkley Tells of Resignation.
Cross examined by Mr.. James, Mr.,
Funkley said that he had resigned
as county attorney on June Fl. He
said he knew Fullerton three weeks
prior to his resignation and that Full
lerton was at his house once but had
! talked but little about the Dumas
case. Mr.. Funkley said he had taken
an interest in the defense as citi-
zen: Mr.. Funkley again said he was
present at meeting between Hazen
Lane and himself.
sWho arranged the meeting?"
1"Hazen and myself" -~
GLOW did Dr. Dumas happen to be
there?"
This was objected to by Mr.. Lane
as immaterial and the objection was
sustained.
q understand you state that the
defendant was PRESENT.
.:Yes, sir.
Hulburt on the Stand.
William Hulburt, the next witness
said he lived about 4 miles north OF
Deer River. He said he was assessor
of the township in which Ole Fer
guson lives. He said he was on an
official visit last June when he visited
the E,arp1lsnn -nrnnartv and that he