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

you men that the good people OF this
community have something to be
proud over that that boy told that
story to man who had ability and
the rock-r1bbed honesty to- go through
it despite temptation that may have
been thrown in his way. Now, 1 say
temptation that may have been
thrown because as you know in the
case of the sheriff there was a temp
tatIon, but l will get that later.
Should Be Proud of Smyth.
Now, then, this community and
every law abiding citizen, every man
who loves his home and children ev-
cry man who respects his state and
the government Of the state, has rea-
son in his heart to say that that man
did something that all of you are at
this moment proud of. He told his
story to Sherm Bailey and Bailey told
you how the story was told to him.
AT this point it may not be amiss
to refer to the fact that throughout
the examination of Bert Smyth, it
was insinuated by questions that he
was part of this plot; that he was
an aceomplice. The court will in
struct you that as a matter of law,
Bert Smyth was not an accomplice in
this case. There is not in this case
one single solitary bit of evidence
that he is either party directly or
Indirectly for wrongful act with
one wrongful thought
They tried to insinuate something
about insurance; the evidence shows
in this case that Bert Smyth had no
interest in the property. building or
| insurance whatever and it did not
mean dollar to him what happened.
AS to Destroying Books.
Counsel insinuated something
about some books he wanted to get
rid of-tO burn. Yes, and when he
wanted to burn his books he sent
the sheriff of the county and Norman
Helmer heavily armed to protect
them. You would not start out to
burn books under those conditions
Counsel said again to him. after he
thought he had him in such a condi-
ton and so frightened at the expos
ure of the disease that he-had where
are those books?' Mr. Smyth said, I
don't know where they We're taken,
and OF course he doesn't know wheth-
er those books went to Canada, or
whether they were thrown in the els
tern or burned up. This man had
nothing more to do with it then you
and /. By the insinuation of the
counsel an effort was made by Smyth
to burn the books, when as a matter
| in them.
The Doctor Tells of Shevlin Robbery.
Now, then, that boy came back
and told the story to Sherm Bailey
and Sherm Bailey told him to go back
and get the names of these men and
couple of weeks after he drove back
and the doctor tells him about other
| criminal acts but he says he isn't
ready yet. The doctor asks him
about his insurance and Smyrh says,
T am not yet ready The doctor tells
him about the blowing of the bank
at Shevlin or attempted blowing and
describes in detail to him. Tells him
about fire at Superior, department
store fire there and how it was
hired job. There never has been I'M
folded to jury of this county or
in the state of Minnesota story of
more criminal possibilities than you
gentlemen have here listened to and
it came from the mouths of the states
witnesses.
"Smyth returns again and tells the
story to Sherm Bailey. Now, then,
gentlemen, there has been on this
stand two men,-Mr. Bailey and Mr..
Smyth and their stories stand abso-
lutely undenied. Now, these things
were reported at St. Paul. to Mr.. kel-
Ter, the fire marshal, Mr.. Fullerton.
his assistant, the attorney general.
State Enters the Case.
They now become a part of the at
tempt of the state of Minnesota to
bring before the bar of justice this
perpetrator of crime. George T. Simp-
son and Mr.. Keller now become
part of the plan to get this man from
whom the first suggestion of crime
came when he tried to inveigle this
man into crime. From that time On
nothing was done that the men in
st. Paul were not fully conversant
with. nothing done not under the d.
rection and supervision of those Off
cials Of this state, men whose duty
it is to- bring before this court the
men who are guilty of crime and it is
true that this boy Smyth became a
DEPUTY fire marshal It is likewise