The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-04
STATE RESTS; DEFENSE
ASKS FOR DISMISSAL

/ After Behan left the stand the
state recalled Mr. sWed berg, who was
briefly examined after which Mr..
Mcdonald said: =...
"The state rests
Upon this announcement Judge
Spooner said to the Court, ssWe have
motion to make which may consume
some time.
The judge instructed the jury to
retire and report at g o clock tomor-
row morning.
Judge Spooner indicated that the
| defense would move to have the case
dismissed on the ground that the in
dictment charges are arson in the
| third degree while the testimony has
shown that DR.. Dumas did not at
tempt to burn the Puposky building.
| With Martin Behan wounded and
captured at Puposky5on the night of
June last, at which time his con-
federate Mike Davis escaped follow
ing a battle with ;shotglns and re-
volvers, as the last witr ess for the
state in the Dumas trial, a legal
point came up at the morning session
which delayed for al: w minutes the
progress of the trial and the jury,
! which had been ordered out of the
room by Judge McCleAahan, was per-
mitted to return and Behan resumed
his testimony. - H..
The legal controversy arose when,
after the state had Obtained from
Behan the story Of h,w lie had been
| called to Bemidji from East Grand
Forks and had met Nike Davis and
had been present, he said, at con-
Dumas, the Cass Lake mayor, unfold
ed plan to burn the p2stoffice build
ing at Puposky, and that he had
gone to Puposky with LAWS, looked
over the field and had gone to sleep
in a shack, awakened as little after
midnight, going with Davis to the
postoffice, where DAVIS, he witness
said, unlocked the door, and they
| both entered. ss :
"Now, what was the purpose of
your going into chat building?"
asked Attorney e. B. :1cDonald for
the state. 49,. ~
Freeman p. Lane, Of counsel for
the defense, objected to IAN attempt
to show the state of this mans mind
when he entered the building" Con-
tinuing Mr.. Lane said: "Why, that
man may have had murder in his
mind, or any other crime, but sure
ly that would not include the defen-
dant here" An
"The indictment says that the de-
PENDANT aided and allotted in the at
tempt at arson and ". contend that
if Behan went into the store with the
intention of carrying, Cur these plans
that DR.. Dumas bears equal guilt"
said Attorney Mcdonald
The Court asked for the statute de-
-, ining an attempt at crime which
was found to provide, An act done
tending to commit crime.''
The court thought the point came
close to Splitting hair" and follow
ing a brief argument by Assistant
Attorney General James and while
MIR. Lane was protesting his point to
the Court, Mr.. Mcdonald broke in
with an announcement that the ques-
ton would be withdrawn
GAIL right, just so yo'' lay down"
commented Mr.. Lane.
eve didn't lay down." said Mr..
Mcdonald. 49,
! Behan on the stand said he was
33 years old and that e had been
born in Dodge county, hut that his
home was in Oshkosh and that he
came to Bemidji from East Grand
Forks on June 13, last, il response to
a telephone message, from William
Munhall, Bemidji bartender; that
he met Mike Davis here. He admit
ted that he knew that Mike Davis
las a safe blower. Behan- said he
met DR.. Dumas, Mike Davis and Rob-
ert r.. smyth in a WINE room in the
Larson saloon here on J1ne ID.
! At. this meeting, Behan said DR..
Dumas told Davis that Snyth wanted
his building burned at Puposky and
that there was $1,000 i'll the job
The witness testified that it also was
}, agreed that they were to have the
i stamps and money in the postoffice
, safe; that this booty was to be taken
to .Cass Lake and divided between
) Behan, Davis and Dumas. The wit
| ness said Smyth promised to have a
supply Of turpentine and kerosene
HANDY to be used in burning the
5 building.
s.They wanted a good job done
Z said the witness, and i we didn'1
do a good one we WASH to get an,
money. s3
Behan told Of DIR. Dumas ane
q Smyth leaving the saloon land thai
slthe doctor came back shortly after
1iward with a big revolver for Mike
Il Davis but when told III, price thai
{. Davis said: Would n't pay tina