The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-09-21
Following Exhaustion Of Regular Panel Affidavit of Prejudice is
Filed Against Sheriff and Coroner is Ordered to Make
Return Of Special Venie Of 70 Saturday
Morning Session Consumed by the Examination Of Men to Try the Case Two
Farmers and Section Hand Being Accepted While omesead Who
Believes "Abettng" Means ito bet' is Turned Down

Seven jurymen secured, a special
venire of 20 to be completed by Cor
oner M. E. Ibertson as the result of
an affidavit of prejudice filed by
Freeman P. Lane, one of the attor
neys for the defense against Sheriff
Hazen and suspension of the case
until Saturday morning to permit a
return of the special venire, are the
developments today in the trial of
DR.. Delbert F. Dumas, mayor of Cass
Lake charged with an attempt at ar
son. w..
When court adjourned yesterday
four men had been accepted to serve
as jurors as a result of the first day
of the trial and when the noon re-
cess was taken today three more men
were in the jury box but the regular
panel had been exhausted.
When it became apparent that a
jury could not be secured out of the
regular panel Of Is, Attorney Lane
presented the affidavit. alleging pref
udice on the part of Sheriff Hazen
which meant that Coroner 1bertson
was to perform the duties of sheriff
throughout the Dumas trial.
When court reconvened+ at 1870
this afternoon Judge McClenahan in
structed that the coroner be SUM
moned and when. Mr.. i. Ibertson APP
pearedx the court said: -%.~~. l.. -
Court Instructs Ibertson.
Fittings have happened which
make it necessary for you to assume
the duties of the sheriff. I am about
to issue an order for a special venlre
of 20 men. 1t will be your duty to
see to it that these subpoenas are
served either by yourself or by your
deputies. It has come to me that
there are persons in this city who de-
sire to do jury duty in this case. I
have no information that you have
any knowledge to this effect and I
take it that you are familiar enough
with the duties you are now called
upon to perform as not to subpoena
such persons.
"The professional jury getter is a
pest and a public nuisance. He is
pestiferous and undesirable from ev-
cry standpoint.
"While I do not mean to instruct
you as to what part Of the county
these men shall be drawn, you are
familiar with conditions and should
summon the men from such localities
as in your Judgment would be most
desirable -"=
1bertson to Keep Mum.
Mr.. Ibertson asked the court if he
should subpoena only persons who
are not familiar with the case and
who have not read too much in the
newspapers.
stYou must simply aim to pick fair
men and you cant know what they
know about the case for you should
not converse with them regarding it
and should not in fact, even per-
nit them to know that they are
wanted for service in this particular
trial. -.--.
Judge McClenahan explained that
he desired a return from the special
venire as soon as possible.
well, judge, I have funeral in
the morning." explained Mr.. bert
son.
"Of course a funeral is something
that can't watt" admitted the court,
who suggested, ''You, of course, can
appoint deputies
Delay Admitted Reasonable.
Mr.. Ibertson indicated that he de-
sired to devote his personal attention
to the matter as much as possible and
both the attorneys for the state and
defense agreed with the judge that
the proposition was one of such inn
portance that a reasonable delay
| could we'll be tolerated and for that
reason Saturday morning at clock
| was named as the time when the 20
extra men are to present themselves
to be examined as to their qualifica-
tions to sit as jurymen.
Judge McClenahan at once called
upon Mr. Ibertson, the new acting
sheriff, to appoint deputy to act
with Deputy John Morrison, appoint
| ed by Sheriff Hazen in guarding the
jury and Mr. Ibertson named as such
deputy S. c. Gregg of Bemidji.
The court explained that Deputy