The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-10-09

grand jury CndC Drought IN LnaC IN
dictment I have read to you the list
of the witnesses, and before that
grand jury appeared all the witness
es that have testified here before you
and the same witnesses.
"Mr. J, Mcdonald, in opening this
case to you, outlined what the state
would prove and submit to you in
all fairness, did not the state prove
to you by good and competent evil
dence every single, = solitary thing
that Mr.. Mcdonald stated to you the
state would prove? And in addition
to what Mr. Mcdonald told you we
have brought in additional evidence,
the evidence of John Benner and
George Stein. -..-.-. -
"Now, he likewise told you that
the state would prove to you not on
ly beyond reasonable doubt, a doubt
for which you might give some rea-
sonable explanation, and told you
that a reasonable doubt wasn't any
doubt but was such a doubt that you
could not find a reasonable explana-
ton, and explain reasonable doubt
SO that when you go into the jury
box you go with one idea, SO burn it
in your minds that you will see
nothing but the two words reason
able doubt
"And I submit to you that the state
in this case has not only proved to
you the defendants guilt beyond
reasonable doubt but beyond the pos
sibility of a doubt, and that there
is not in the minds of any of you
men at the present time shadow
of a doubt that the state of Min
nesota brought before you the wit
nesses that have convinced you that
this defendant is the criminal that
the evidence in this case. has dis
touches that have sifted through the
case and given you just glimpse
down the avenues of other crimes as
shown to you here and there by the
testimony of witnesses. Only little
side glimpses because he is being
tried for arson in the third degree
but here and there you could see in
the distance other crimes of which
this defendant was guilty.
''This case, as far as the evidence
shows, opened about the 18th day of
April last in Cass Lake, MINI. Mr..
Smyth, or Smyth as counsel calls
him, went to Cass Lake for medical
treatment and he had been going to
Cass Lake since about November,
1910, for the same treatment and
had been there, as he says, as I re-
call it, some five or sly times prior
to this, possibly more.
"On about the 18th day of April
he returns to Cass Lake for medical
treatment and as he gets off the train
he notices that two men get off with
him. And these two men the. de-
PENDANT later had in his Office. The
defendant took them in a back room
and said 4 will be through in a few
minutes and he did step out in a
few minutes, saying, DO you know
who those two men are?' to which
Smyth answered no. WELL he said,
they are two of the smoothest men
in all this country and then he
took Smyth to his safe and opened it
and Smyth says he saw before him
two heavy revolvers, dynamite cap
and what the defendant told him was
nitroglycerine. .~
"There, before that open safe those
two men stand, one of them this de-
fendant and the other, the boy, Bert
Smyth. This evidence stands undis-
ruted in this case, gentlemen of the
jury, absolutely undenied and abso-
lutely uncontradicted.
"And there they stand and who are
they? The defendant, the mayor of
Cass Lake, charged under the laws
of the state of Minnesota, with the
enforcement of the law, the defend
ant, man whom fortune has given
many, many things. Fortune has not
ceprived him of anything during the
course of his life, not one solitary
thing. ALI that this world could give
him this world did give to him. u
"From Minneapolis, educated in
the high schools of Minneapolis, in
the university of Minnesota, educat-
ed in other universities, trained doc
tor and able doctor that he undoubt-
eddy is. All these things were Civ
en- to him by the state.
'.All these things were given him
and he learned from the lips of low
ing mother prayers to Almighty God
and yet he stands there at this day,
at this time. that man whom fortune
did all that fortune could do for any
man, and the other man-Bert
Smyth. Fortune has not done as
much for him. He did not have the
opportunities that this defendant
had. He was brought up under con-
ditions somewhat harsher, somewhat
harder. He was the product Of this