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State of Minnesota,
County of Beltrami,
Jury in Case of Barnard Andrew Nelson, Charged With
the Crime of Murder in the First Degree,
Acquit the Defendant.
The State of Minnesota
Barnard Andrew Nelson, Defendant
THE NELSON JURY.
Fred Petry, Bemidji, laborer..
William Blocker, Bemidji, hotelkeeper.
K. K. Roe, Bemidji, merchant.
Charles Nangle, Bemidji, merchant.
0. E. Jackson, Bemidji, merchant.
Fred Malzahn, Bemidji, real estate dealer.
Iver Johnson, Bemidji, merchant.
Louis Eckstrom, Bemidji, plumber.
L. W. Aldrich, Eckles, farmer.
J. E. Pitman, Jones, farmer.
Fred George, Bemidji, cruiser.
Edward Jackson, Bemidji, contractor.
After being out practically twenty
nine hours, the jury in the case of
Barnard Andrew Nelson, accused of
the crime ot' murder in the first
degree (of having killed Morris
Fuller at Fowlds on the morning of
January 3rd), at 8:15 last evening
returned a verdict of not guilty, as
charged in the indictment.
The jury had retired from the
court room at the conclusion of the
trying of the case Monday afternoon
at 3:25 o'clock. They spent all of
Monday night considering the case
and the arguments, pro and con, as
to Nelson's guilt or innocence, waxed
exceedingly strenuous at times in
fact voices were heard in the hall
way, lifted to a rather high pitch of
The twelve men came into court
yesterdny morning and asked for
Fifteenth Judical District.
We, the jury, impaneled and sworn to try the guilt or innocence of
the above named defendent find the said defendant not guilty as charged
in the indictment.
O. E. Jackson,
Dated at Bemidji, Minn., this 23d day of March, A. D. 1909.
Accused of the crime of
murder in the first
instructions as to whether they
could return a verdict of man
slaughter in the case and as to
what extent they could ask for
clemency for the defendant also
if they could find that the Barnard
Nelson indictment was not a true
indictment in the first or second
degree. They were given negative
answers to the questions as to return
ing a verdict of manslaughter and
also as to finding the indictment
not true, and were given to under
stand that the question of the
extent that clemency could be exer
cised toward Nelson rested entirely
within the jurisdiction of the court.
The jury retired and put in sev
eral hours in earnest discussion of
the case. Finally, at 3:45 yesterday
afternoon, the twelve came into
court and reported that they were
hopelessly apart and could nof reach
a verdict. They were directed to
return for further deliberation and
they wrestled with the evidence and
all phases of the crime, finally reach
ing a verdict at 8:15 last evening.
Word was quickly sent, to Judge
Stanton, County Attorney McKusick
and Attorney Henry Funkley, (Nel
son's counsel) Clerk of Court Rhoda
and others and soon a small-sized
crowd of anxious spectators was
seated about the court room, await
ing the reading of the verdict which
VOLUME 6. NUMBER 288. BEMIDJI, MINNESOTA, WEDNESDAY EVENING, MARCH 24, 1909.
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had finally been agreed upon by the
Nelson was brought into the court
room, between Deputy Sheriffs An
drew Johnson and Chris Qlson and
took his seat in the prisoner's chair.
The jury had preceded Johnson, and
when they filed into the jury bos*,
there was several weary-looking faces
among them, some of which indi
cated that there had been quite a
Nelson's face was drawn and
somewhat pale and pinched, and he
kept his eyes alternately on the
jury, watching intently for a sign of
what was coming.
O. Jackson, as foreman of the.
jury, handed a copy of the verdict
to Judge Stanton, whose face gave
no sign of the finding, and it was not
until Clerk Rhoda read the words
"not euilty" that Nelson's pinched
Judge Stanton thanked the jury
for the earnestness with which they
had considered the case and dis
missed them, and ordered the clerk
to discharge the prisoner from cus
Nelson was greatly pleased with
the result of the trial. He thanked
every member of the jury and was
given hearty congratulations by
many in the hallway.
The spectators slowly dispersed
and the judge and the attorneys
departed for their homes, leaving
Barnard Andrew Nelson to slowly
step toward the business section of
the city and contemplate that twelve
men had argued for twenty-nine
hours before they finally determined
that he had not killed Morris Fuller
on the railway track at Fowlds, early
on the morning of January 3rd,
New Settlers for North Country.
Gerhard Konig and Otto Remberg
of Moos Creek were visitors in the
city Monday evening while on their
way from the Cass Lake land office,
where they had been to file on
valuable tracts of land in section
29-155-31. Messrs. Konig and Rem
berg were formerly residents of
John Kolar, who filed on a quar
ter section of land in that vicinity
some time ago and who recommend
ed north central Minnesota to these
gentlemen, accompanied them to
Kelliher on the evening train.
OU ar invited to attend the opening of our good
We've, brought together the finest
lot of exhibits you ever saw under one roof, and
we want you to see them for your own sake as well as
for ours. Our star exhibit is a great display of
Suits $18 to $50 i
Overcoats $15' to $50
This store is the home of Hart Schaffner & Wla?x Clothes
DISTRICT COURT Wi ll
RECONVENE APRIL 20
Judge Stanton Adjourned the Term.
Lee Sentenced to Reformatory.
In district court this morning:,
William Lee, convicted of grand
larceny in the second degree, was
sentenced to serve an indeterminate
term in the reformatory at St. Cloud.
Frank Jackson, attorney for Lee,
asked the court for clemency for his
client and Lee, in answering if he,
had anything to say, cried and said
that the court was sentencing an
Judge Stanton replied that he had
no doubt of the guilt of Lee and he
at the defense Lee was surprised
Lee is 27 years old and his par-,
ents live in Washington County,
Wisconsin. He was married bu|
his wife died. He has a child 5
years old who is living with his
parents. He has been a!
laborer and has worked as a lumbers
jack in the logging camps near
Deer River and during, the past
winter has worked near Fowlds.
Wes Wright, George Gunderson
and Joseph Wagner were arraigned
in court this morning to plead to,
indictments returned by the grand
jury against- each of them, wherein
they were charged with "wilfully^
omitting to pay over to. the County
of Beltrami money received by
them as public officers."
The indictment charges, more
specifically, that on August 15, 1907^
they failed to pay over the proceeds,
of the sale of a horse sold to W. A.
Cassler by them. Each of them
pleaded not guilty to the charge,
contained in the indiefmect ^aisd^rF
was ordered by the court that defen
dants might change their plea and,
if they desired, demur to the indict
Archie Brown, who has been held
in the county jail as a witness for
state in the Nelson case, was ordered
discharged from custody.
There are several court cases
which have been tried and there is
something of a lull following the
strenuous work of the past ten days
This forenoon Judge Stanton
adjourned court until April 20th, at
16 a. m.
"Skidoo" Party Was Fine.
The "skidoo" party, held at the
Methodist church last evening under
the direction of L. F. Cole of Min
neapolis, was a highly successful
Yesterday was the 23rd day of
the month. Adults were charged
twenty-triree cents last evening for
admission and children under thir
teen years paid thirteen cents.
An excellent program of twenty
three numbers was rendered, every
number of which was encored.
Every selection on the program was
fine. At the close of the entertain
ment a Chautauqua salute was given
Mr. Cole for the aid he has given
the church in its attempts to raise
The Presbyterian Ladies Aid
society are planning an "Advertis
ing Sale" to be given in the rink
The sale is one of considerable
magnitude^ the ladies having written
to- a great many wholesale houses
and secured a good many useful
articles which they will place on
sale at that time. Among the ar
ticles secured is a fine lot of garden
seeds, a quantity of Occident flour
of which the Northern Grocery
company is the distributing agency.
They also have mattresses, carpet
sweepers, preserves, fruits, canned
goods, breakfast foods, confection
ery and a variety of articles which
will be placed on sale at that time.
LOCAL MANAGER BUYS
Floyd Brown, Popular Young^Business
Man, Purchases Luken's Store
in this City.
Floyd Brown, who is well known
in this part of the country through
his playing center on the famous
"Big Bemidg" basketball team, has
brought the Luken store in this city,
of which he has been the manager
for over two years.
Fred Luken of Brainerd establish
ed the store here in November 1906,
and Mr. Brown, also of Brainerd at
that time, came to Bemidji to act as
manager for Mr. Luken. A full line
of china, notions and holiday goods
are carried in this store.
Mr. Brown is a progressive young
man and intends to conduct the
business along the lines followed in
the past with the exception that he
will now put in a large stock of
motor supplies of all kinds and
motor boats in order to accommodate
the increased demand for these arti
cles during the summer months.
Here from Langor.
Jacob Detiihg, father of Mrs. John
Graham, came down this morning
from his home at Langor and spent
today in the city looking after some
business matters. He was accom
panied by A. H. Wagner, who owns
a farm in the Langor country. Mr.
Wagner spends bis, winters in Lan
gor and in the summer, lives in the
Canadian Northwest, where he has
been for the past five years. He
owns a half section of land near a
place called Valparaiso, and will
soon leave for that place.
I have $1400 equity in 560 acres
of land V/z miles northwest of
Wilton, which I will trade for city
Attorney A. A. Andrews,
~'-V&9 A Bemidji, Minn.
Economy in transacting the affairs
of the county is the slogan adopted
by the board of county commissioners
of Beltrami county as contained in
resolutions passed by the board at
the meeting which was commenced
yesterday, the resolutions being in
troduced by Commissioner Helic
Clementson and being as follows:
"Whereas, The best interests of
the taxpayers of Beltrami county de
mand the exercise of economy in the
matter of incurring expense of
carrying on the affairs of the county
now, therefore, be it
"Resolved, that during the
remainder of the year. 1909 no con
tract shall be let and no expense in
curred except that which is absolutely
necessary, and in no event to exceed
the amount provided for the respec
tive funds for this year.
"And all persons dealing with the
county officials are expected to take
notice of this resolution."
The adoption of this resolution
was the result of discussion as to the
financial condition ot the county and
the imperative necessity, as recogn
ized by the majority of the" members
of the board, of curtailing all expen
ses to the minimum.
All members of the board were
present when the meeting was called
to order yesterday forenoon, and as
there was much business that had
accumulated, the board "got down
to business"at otice^:/
HANDLED MUCH BUSINESS
Adopted "Economy" Resolutions. New State Road to
Spooner Created.Supervisor of Assessments Will
Assess Timber Along Railways.
Applications for abatement of
taxes were granted, as follows: To
Edward Dale of Turtle River Salva
tion Army, Bemidji John A. Cyr,
Blackduck J. A. Ervine Co., Still
water E. M. Moore, Bemidji. Ap
plications for abatement were re
rejected as follows: Oscar Lind
strom, three applications J. A.
Ervine & Co., S. R. Syverson, G.
Suter, C. O. Depew, J. E. Kullberg,
Amos E. Hogdon.
A petition to change the boun
daries of sphool districts 48 and
17, by taking sections 1-12-13 from
district 17 and included the same in
district 48, was received and May
25th set as date for hearing on
An application from the residents
of the Town of Frohn for the organi
zation of a new school district was
The plat of Henderson's second
addition to the city of Bemidji was
approved. This addition includes
land on the southeast side of Lake
Bemidji and adjoins the property of
the Bemidii Lumber company.
As to whether Dr. Blakeslee, as
county physician and chairman of
the county board of health, was en.
titled to salary as such officer dur-.
ing the month of January, 1909, was
discussed and referred to County
Attorney McKusick for an opinion.
Under the laws as adopted at the
last general election, the system of
county health and poor was changed
from the county to the town system,
and the contract with Dr. Blakeslee
did not terminate until the end of
The following reports of officers
who received fees, which reports
were received after^ the annual
meeting in January, were received
Judge of Probate, M. A. Clark,
$1082.75 court commissioner, M.
A. Clark, #66.00 county treasurer,
G. H. French, $2029.98 register of
Board adjourned until Wednes
When the board convened this
morning, a communication was read
from Ray Pbelps4i farmer living on
the banks of Bass Lake, ra which be
stated that while cutting timber for
J. J. Opsahl he had unintentionally
trespassed on county lands-to the ex*
tent of some three or four thousand
feet of timber and desired to pay
for the trespass. A motion pre
vailed to instruct Frank Chapman,
county supervisor of assessments,
scale the timber and make report to
Some complaint was made by
Chairman^Danaher to the effect that
the county attorney had failed to
approve severalbonds, causing delay
in transacting business, among other
matters including the insurance on
the court house, furniture and fix
tures, although he claimed that the
county attorney had been instructed
so to do at the meeting:last-January.
The county auditor* read a letter
from the county auditor of Ramsey
county, N. D., in which a request
was made for the blue prints from
which the Beltrami county jail was
(Continued on last page.).
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