The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-06

Generals Office
After Judge McClenahan had an
nounced his decision on the motion,
Freeman P. Lane arose for the de-
Tense and said it had been so appar-
ent that the judge, as matter of law,
would sustain the contention for dis
missal, that the defendant did not
have his witnesses in court and said
that counsel for Dr. Dumas would
forego an opening address to the jury
if the judge would adjourn court I'M
til 1870 p. M, so as to permit wit
nesses to come from Cass Lake.
':We shall adjourn court but you
need not omit the opening address to
the jury. We do not want it said
that the defendant has not had every
opportunity for a fair trial.
Counsel for the defense, however,
said they would not take up any time
in statement to the jury and evil
dence for the defendant is being
heard at the afternoon session,
When court convened at 1870 the
room was we'll filled, about two-thirds
of those present being women.
"Proceed, gentlemen" said the
court and Attorney Lane announced
that as the defense wishes to shorten
the case in an effort to end the case
tomorrow morning.
John C. Larson, owner of the sa-
loon where Davis, Behan and Smyth
are presumed to have met DR.. Du-
mas, was called as the first witness
for the defense and explained that
there was two toilet rooms, one pub
lie and the other locked and that it
is located at the rear of the wine-
room.
Cross examined, Mr.. Larson said he
kept the key at the bar and that any,
one who asked for the key could
get it.
Attorney Lane requested that the
jury be permitted to be taken to the
Larson saloon and make a personal
inspection, but the court suggested
that perhaps the saloon arrange
ment was not the same as last June.
Larson was recalled and said the ar
rangement was the same.
There was no objection on the part
of the state and the court sAida he
would permit the visit, but cautioned
the jury that what they saw was not
to be taken as evidence but that such
observations were to be merely used
to better understand the testimony.
The judge went so far as to say that
the jurymen should talk to no one,
except the bailiffs in whose charge
they are under and then only for in
struction.
There was delay of several min
utes owing to the temporary absence
Of one of the bailiffs. Attorney Lane
suggested that the jury go down with
two bailiffs but the court again gave
evidence of the extreme care which
he has displayed in guarding the jury
by refusing to permit it to go with
out the three officers.
Calling the three bailiffs, John
Morrison, E. G. Gregg and Thomas
Mohler, the court instructed them
to take the jury to the Larson sa-
loon and permit them to enter the
rear door and to inspect the wine
room at the rear on the left hand
side. The bailiffs were warned not
to permit any person in the place to
speak to the jurors or to mingle with
them
At the Larson saloon the jurymen
were taken in the rear door. At the
time there were but a few persons
in the place and no one spoke to the
men and after a few minutes obser-
walton they left
The jury left the courtroom at
2:18 p. m. and returned at 2:4O D.
m.
Nora Tedford, widow of the Cass
Lake hotelkeeper and saloon who
died several months ago, was then
called as the second witness for the
defense. She testified that DR.. Du-
mas and her father have acted as ad-
of the Tedford estate.
Mrs. Tedford said that she had a talk
with DR.. Dumas and that she con-
suited with him regarding her bust
ness affairs. On cross examination
by Assistant Attorney General James
she said her husband died Nov. rs,
1910. She said G A. Lundrigren
was appointed her administrator.
There was some controversy as to
what the defense wished to have the