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

must be established. but by that ]
do not mean that you shall not con-
slider all the evidence for you shall
''In this connection it may be prop
er to say that evidence tending to
show that the safe was to be blown
must not in itself be considered alone
but it has It's place in the evidence.
''Nitroglycerine and other materials
which were taken in, if taken only
for the purpose OF opening the safe
would not be applicable, but the use
of an explosive is so closely connect
ed with the intent that it must not
be overlooked.
81 want to call your attention te
one item of testimony which I sai6
I would scratch out at the proper
time. l shall not strike it out. l re.
fer to the telegram sent to Oshkosh
There is no evidence that it ever did
reach Oshkosh, and you can only be
guided by the effort to show it was
sent from Cass Lake.
"There is an accomplice, Behan
and the law is that a man can not
be convicted without corroborative
evidence, on the testimony of an &C.
complete.
Il charge you as q matter of law
that r. E. Smyth was not an accom-
plice, and his testir ony is not to be
considered in that light.
eff you believe after considering all
this evidence that this defendant at
tempted to commit crime of arson,
you are to return verdict of guilty,
otherwise, not guilty"
Lanes Address to the Jury. =
In his address to the jury yester-
day afternoon, Freeman P. Lane said ::
"Now, then, gentlemen, I want. to
speak to you candidly and frankly.
can not indulge in the eloquent Ian
guage that my friend has used; I can
not draw this word painting that he
has done. l never was inside a COL
lege, except once, in the office of one
to collect bill. l never had the ad-
vantage my friend had. I came from
the simple, every day clod hoppers.
"You can readily understand me,
though I do not attempt to resort to
the use of language that sounds
splendid as that which came out of
the mouth of my distinguished friend
here like a long string Of wiener
wurst, uniform in shape and such.
Can Call Spade Spade.
But I'll tell you what I can do
to perfection. I can call spade a
spade and liar a liar in three or
four different languages that needs
touching up in this lawsuit, the most
remarkable ever submitted in a court
of justice.
''Start out in the beginning with
the great state of Minnesota turning
around furnishing a dead beat to in
duce a man to commit a crime that
a lot of men might glue themselves
to the public treasury
''Never in the history of law, any
where on the face of this earth, has
there ever been such a dastardly deal
| am not going to mince matters be-
cause I am friendly to A, B, C, or D
have a duty to perform and l am
going to perform it. fearlessly rec
ognizing the fact that am going tc
step on the toes of some of the
friends. l am going to say to you
why 1 am not going to follow the line
of my distinguished young friend or
the other side Of the case, because he
spent an hour and 35 minutes in try
ing to furnish BERTHE with a reputa
ton, BERTHE Smyth. I shall have tt
call him Bertie although 1 realize
should call him Birdie as he belongs
to family of birds that belong tt
the vulture family. He's a kid be-
cause James said he is. He happens
to be three years and something
younger than the doctor-a great big
overgrown kid, I guess. When I re-
fer to Bert Smyth, I shall use thu
word BERTHE because when 1 refer
to the elder gentleman I shall say
Mr.. Smyth.'
"Bertie" as Gin Shop Owner.
"Now, let's start at the beginning
at Nebish in the northern part O.
? your county. He wanted to give 20,
, the impression that he was quite {
man. He said he finally got 5000 ant
some credit. I know something diff
| ferent and I want to tell you tha'