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

men, ana impress IL upon your mlndS
that there is in this case not the
slightest bit of evidence against Bert
Smyth except the insinuating re-
marks of the counsel. Not one sin
gle thing that Bert Smyth should
have done that he did not do.
"He has worked for a great many
companies here and in positions that
required some responsibility. Has
any one of his employers come in
here and told you that he was not
a man and a good, clean boy? Not
one, not a single one, and he has
lived his life in the city of Bemidji.
And yet the counsel appeared to
want you to believe that Bert Smyth
stole half a carload of -four. How
unfair! Mr. Smyth ex-
planned that ne had ordered a car
load of -four for himself and anoth-
er man and that he had taken his
half and the other man, his.
'The counsel then asked him if he
did not find a fire in his back yard
and if he did anything to put it out?
1t flashed into my mind that possibly
there might be something to that
there might be. l didn't think the
counsel would suggest sslything that
he could not prove. Yes, and what
was that fire? That fire was a for
est fire that started over mile away
and was seen by the people of Pu-
posky and it swept down on that
town inside of three-quarters of an
hour and burned some of the build
ings in the place. And what did
Bert Smyth do that he should not
have done? Where is this man Hodg-
son? whom the counsel asked of
Smyth on the witness stand, Didn't
Won tell him this and didn't you tell
him thats and didn' t you tell Hodg-
son you were trying tes get the ma
chinery out?' ..,..~-,.,.
"Where is the evidence in this case
that proves or brings the slightest
thing into evidence that Smyth did
anything he should not have done?
He did what most men would do.
Where did he go with his team? He
sent it down to this man Hodgson's
place and took his belongings and
his wife and children to the lake
shore for protection, and, mind you,
this fire swept down, there in three
quarters of an hour from the time it
started. i I have never seen a forest
fire but I presume you gentlemen
have. Famed by a fierce wind as it
rushed through pine and birch trees,
and smoke envelopine him while
women were shrieking and children
were crying, the counsel would lead
you to believe that that boy Smyth
did something in that moment of ex-
element that he should not have
done.
1--WE are-all fair men. would rest
my case here if their contention is to
disprove Bert Smyth. If that is their
contention l would rest my case here
and send you men to your jury box
at this moment.
"NOw, there they stand before the
open door of that safe, two heavy re-
volvers, nitroglycerine and dynamite
caps facing them. And there he
stands, the product, the educated
product of the universities and
schools of this state, honored mayor
of Cass Lake, a man who has at
tracted to himself the friendships and
the good words of Cass Lakes best
citizens and they have come upon
this stand and told you that his rep
utation was good, a peculiar charac-
ter, a man who could attract to him
self those men, good and noble men
as ever went upon WITNESS stand,
and yet at the same time stand before
the open door of safe =-.
Il would remind you at this point,
gentlemen of the jury, that there is
a wide difference between character
and reputation. Reputation is what
the world knows man to be. Rep
utation is what he can make his
friends think he is. Character is
what a man is and not what he is
thought to be. This man was thought
to be good and clean and noble man
and he should have been such. The
state did what she could for him and
a good mother and father did what
they could for him but character is
what that man actually is and be-
fore this jury there has been unfold
ed that mans character and not his
" - $
"We are not trying his reputation,
we are trying him and what he is
and you, gentlemen, know what he
is. You know because you have
heard the story from witnesses un-
der oath. Those noble gentlemen,
and good gentlemen, who came here
from Cass Lake only know his repu-
tation. They do not stand, as you
men in your imagination, have stood
before the open door of that safe.
They did not stand there, they did