The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1911-10-13
STATE CASE FINISHED.
Prosecution Completes Its Evidence
in the Dumas Case.

Bemidji. = The state in the case
of Doctor d. F. Dumas, mayor Of
Cass Lake, charged with arson If
the third degree, rested it's case after
| Martin Behan, who was wounded AMI
captured at Puposky on the night Of
June 16, and retold his story of the
| alleged plot with DR.. Dumas to rob
and burn the Puposky postoffice.
NO sooner had the state rested its
case, than former Judge Marshall A
| Spooner of counsel for the defense
began an effort to have the case taken
from the jury and the defendant set
at liberty. He entered motion to
discharge. the defendant and dismiss
the proceedings on two principal
grounds, one that the indictment is
fatally defective and the other that
the testimony offered by the state did
not prove or show facts sufficient to
constitute a public offense.
Behan testified that he had con.
fessed in the county Jail because he
had heard that DR.. Dumas had said
he was a "yap and ought to go to
the PEN" On cross-examination, he
said that his confession was taken
down on a typewriter and that he af-
forwards signed it.
The hearing during the morning
session was delayed when legal dis
.pute arose after the state had secured
from Behan the story of how he had
been called to Bemidji from East
Grand Forks and had met Mike Davis
and then gone with him to Puposky,
where, that night, Behan testified
Davis unlocked the door of the post
Office and they both entered.
Sherman c. Bailey, former chief of
police of Bemidji and now game war
den and the man in whom Robert E.
Smythe confided the news of Dumas
alleged scheme, was on the stand be-
fore Behan testified.
Sheriff Alvin B. Hazer testified
OF conversation with Former County
Attorney Funkley at the latter's re-
quest, at which Attorney Freeman P.
Lane of the counsel for the defense,
was present and that he had been
asked questions as to the sobriety of
Behan on the day DR.. Dumas is al
legged to have plotted the Puposky af-
fair in Bemidji saloon with Robert
E. Smyth, Behan and Davis.
The sheriff told of his part in the
Puposky affair and said that he, with
his men, were in hiding in a rear room
of the postoffice building; that he
was armed with two shotguns and a
revolver; that on the night of the
alleged attempt at arson he was on
guard at door with peephole in it
and saw Mike Davis enter; that one
of the detectives knocked a box off
in the dark; that Davis ran out and
that he (Hazen) heard shooting out
side and ran out to find Behan wound
ed and that Davis had disappeared.
Hazen Story Substantiated.
Deputy Sheriff Nosman Helmer, who
stood with Detective Fielding on the
sidewalk at Puposky the night of the
battle with Behan and Davis, gave
practically the same version of the
affair and the events leading up to
it as did Sheriff Hazen. He said he
had known Davis for some time previ-
GUS to the battle and had positively
identified him at Puposky the after
noon before the shooting. Helmer
said positively that the first to shoot
was Davis and that he and Fielding
Immediately returned the shots.
The real surprise was the very brief
examination given Detective Fielding,
for 80 years resident of st. Paul.
Mr.. Fielding said briefly that he came
TIC Bemidji June 5; that he had known
Mike Davis alias Manchester Curly
for ten years, and identified the states
photo of Davis as being the man whom
he designated as being safe burg
lar"