The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-07
DUMAS CASE MAY
REACH JURY TODAY
Doctor Did Not Testify in
His Own Behalf and the
Defense Rested

BemldJ1, oct. !.-COncludlng with
Rev. Parsoll. pastor of the Episcopal
| witness the defen5e rested in the Du-
mas case at noon adjourned and there
was general surprise when DR.. Dumas
was not placed On the stand during
| the trial in his own behalf. Mr.. Lane
said the defendant would have no
more witnesses unless something un-
forseen occurred. The state has sew
able that testimony will be closed this
afternoon.
Four witnesses, including former
County Attorney Henry Funkley. were
put on by the defense at the morning
session and the attorneys for DR.. Du-
mas said there would not be more
than two or three more witnesses and
that it was not likely that Dr.. Dumas
, himself would go on the stand.
| MIR. Funkley was called in an effort
to substantiate the report that Martin
Behan had been intoxicated at the
saloon conference here when the state
alleges that DR.. Dumas plotted with
Behan. Davis and Robert Smith to
burn the Puposky building. Funkley
with Sheriff HaZen and Freeman P.
Lane. one of the attorneys for the
defense at which time the sheriff was
questioned regarding the report that
Behan had told him that he was
sleepy and did not know what was
going on during the saloon confer
ence.
On cross-examination Mr.. Funkley
said he had resigned as county attor-
ney June 21, last. He said that he
had known Sam Fullerton. assistant
state fire marshal, three weeks prior
to that date and that Fullerton had
been to him once about the Dumas
case. Asked by Assistant Attorney
General James If since his resignation
he had taken any interest in the de-
Tense, Mr.: Funkley answered, "yes. as
a citizen
"At this meeting lat your house be-
tween the sheriff. lame and yourself.
was the defendants DIR. Dumas. pres.
ent ?" asked Mr.. James.
He was" answered Mr.. Funkley.
William Hulburt, an assessor of the
township of Deer River, where Ole
Ferguson, who yesterday testified that
1t was for him that DR.. Dumas bought
the dynamite that was found in the
doctors safe, went on the stand for
the defense and swore that the time
ferguson was supposed to have OBJ
tanned the dynamite from Dumas. he
passed the Ferguson place and saw
the stumps being blown up by dyna-
mite. On cross-eXa mination Hubert
said he had known Ferguson for five
wears and that at the time he noticed
that the stumps were blown that he
knew of Ferguson's connection with
| the Dumas case
c. E. Herbert, Brainerd restaurant
| man. who at first appeared to be a
strong witness for the defense, said
he was in Bemidji on June IA. at the
Rex hotel at about the time DR.. Du-
mas met Smith. The questions from
Mr. Lane indicating that he would be
able to throw some new light on that
meeting failed. He told of seeing a
man at the Rex who resembled DR..
Dumas and that he was talking to
another man with a black moustache,
pretty tall and thin" Smith is small
and has no moustache. Smith was
brought into the court room for iden-
tifcation but when asked to answer
by yes or no whether Smith was the
man he saw with DIR. Dumas the wit
can't say.'
The Dumas case has been on since
september. 1t required period of
! nine days to get a Jury. The taking
of testimony began Monday morning.
| Another witness for the defense was
Ole Ferguson. of Deer River. indicted
by the grand jury after he had ap-
evidence on the Dumas case. Fereu-
son is the man, who. Dumas says, OBJ
tanned the dynamite which was found
in the DOCTORS safe. Ferguson testi-
fled that this dynamite was to be used
by him Ia blowing stumps. Judge
Frank Ives. publisher of the Cass
Lake Times. and Rev. john Korn
bust. pastor OF the Cass Lake Catho-
!ic church. both swore that the gen.
eral reputation of DR.. Dumas in Cass
Lake was good, and they said at cleo
tion time. when the defendant was a
candidate for mayor that they had
heard his reputation discussed.
| On cross-eXamination Judge Ives
was asked il he knew of DIR. Dumas
chasing Steve Knott around with a
revolver. after poker game Attor-
ney Freeman p. Lane objected to this
question and the court sustained the
objection.
DO YOU get the Belgrade or Foley
paper?" asked Attorney James signiti-
cantly. but the Judge said he did not
Martin Behan, captured at Pupos-
ky on the night OF June 18th, when
Mike Davis escaped, and who went on
the stand for the state Wednesday,
and who has been ut liberty on bonds,
was arrested by Deputy United States
Marshal Frank Tufts, and was ar
raigned before Court Commissioner
II. a. Simons.