The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-07
DUMAS To KNOW FATE ON
MONDAY; EVIDENCE ALL IN.

and that he saw Ferguson chopping
roots from stump which had been
blown out by dynamite.
On cross examination Mr.. Hulburt
said he has known Ferguson for five
years. He was closely questioned re-
garding his duties at that time and
admitted that he had read in the
newspapers of Ferguson's connection
with the case and that he knew of
Ferguson's connection at the time he
was at the Ferguson place. He said
he has frequently been at Ferguson s
and that his own home is separated
from the Ferguson place by one 40
acre farm. .., -=,
/ George Stein, city clerk, who had
been on the stand for the state. was
called by the defense. Mr.. Stein said
on the afternoon of June IA he met
DR.. Dumas at 5:45 on the Northern
National Bank corner. He said he
went to the Battles store with DR..
Dumas. r.. ~..
Herbert Fails as Witness.
C. E. Herbert, restaurant keep
er at Brainerd, the extswitness, said
he was in Bemidji on June IA and
that he was here to arrange for start
ing an eating house. He said he
was at the Rex hotel in the after
noon. He saw man resembling DR..
Dumas with another man, whom he
said was dark and that he thought he
had black moustache. Asked to
describe the man, Mr.. Herbert
thought the man was tall, Slim and
! black. The defense wished to estab-
lish that this man was Robert Smyth
who is small, and has no moustache,
but is dark. The witness said he
overheard a conversation between
these two men, but couldn't tell what
they were talking about, except at
times. "a
Mr.. Lane asked smyth to be
brought in for Identification by the
witness. Mr.. James requested that he
be permitted to ask a. question of
the witness and the" court said to-
state the quiz: ...-...ez!@ s
"About how much did this man, in
your estimatoin, weight" asked Mr..
James.
Mr.. Lane objected to the question
and was sustained and Smyth was
| brought into the courtroom and Mr..
Herbert said he couldn't say for sure
but he thought it looked something
like him.
Attorneys in Jangle.
That's ALL" said Mr.. Lane, "you
are excused, Mr. Smyth.''
"Just a minute" said Mr.. McDon-
old.
"Why, sir, Mr.. Smyth is excused. -
fsWait a minute" said Mr.. McDon-
aid.
"Mr. Smyth, you are excused. You
may co." insisted Mr.. Lane, who said
he called Smyth and didn't want him
longer in the courtroom, and the
court ruled this was correct.
Gust want the defense to know
they are not controlling our witness
es," said Mr.. Mcdonald.
eff we had you would have had a
better case" said Mr.. Lane.
Efforts to have Herbert identify
Smyth as the person with DR.. Dumas
at the Rex hotel failed and the wit
ness was excused without cross ex-
animation.
August Hirsch of Minneapolis, sub
poenaed originally as a witness for
the state, was called for the defense
and testified that he had adjusted the
loss on the doctors house which was
burned in Cass Lake last spring and
that the fire was undoubtedly of in
cendiary origin, as there was a hole
in one place where some kind of liq-
uid had been poured. He gave the
amount at which the house was in
sured and also the household goods,
indicating that the amount of insur-
ance carried did not cover what was
claimed as the schedule of loss
Rev. H. F. Parshall, archdeacon of
the diocese of Duluth and pastor of
the Episcopal churches at Cass Lake
and Bemidji testified that the repu-
tation of the doctor at Cass Lake as
being a peaceable and law-abiding
citizen was so far. as he knew, gen
orally good: On cross examination
the witness said he was home but
from two to four days week and was
not liable to. hear anything relative
to the Doctors reputation except from
the persons in his immediate circle
of acquaintance. E.e.
The Defense Rests.
4 At 1875, Mr.. Lane announced
"the defendant rests"
Bert Smyth was called by the state
in rebuttal, and was asked:
@Mr. Smith, had you a mustache,
on the 18th of June?''
No, had not" he replied.
The state called in rebuttal Leslie
McClay. a former marshal of the vii
lage of Foley, Mimi, and attempted
to ask him what was the reputation