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WW' f,,. AGE FOUR oSF* IMTBT* vA '',''i?' (Continued from Page One) relevancy thereof to the issues fa the case, council evidently beingr of the opinion that the ruling of the court was right. The contention now made by new counsel, is that the statute prohibiting giving evidence conversa tions with a deceased party or per son (Sec. 8378 G. 8. 1913) has no ap *^pHcation to criminal presentations, that the conversation was admissible as part of the res gestae, and there fore that the ruling of the court was prejudicial error. "It may pe doubted- whether 'our statutes whlcli prohibit giving ih#yi denee conversations with deceased persons has an application to crimin al prosecutions., As. originally en acted, and it appears in the statutory revision of 1886, it clearly was limit ed to civil controversies arising out of contract". fe Then^ollows citation of sections in question, also cases, and continue! Exclusion Uo Error. i:. "But conceding for the purpose of the case that the statute does not'ap ply to criminal prosecutions, and that conversation between the defendant and Nelson was admissabie as part of the res gestae, the ruling of the court excluding it presents no error of which defendant may complain. If by assuming and stating to the trial court that the evidence was inadfnls sable, if the state objeeted, coujnsel for defendant did not invite the till ing now complained of the sub ject matter of the conversation $** not shown to have any relevancy to the issue of trial. Counsel for defend ant undoubtedly knew to what it re lated, the purport and effect thereof, and whether it was material to the defense and should in some way have disclosed the same to the court. This otherwise advised upon- the subject, he did not do and the court was not The exclusion of the conversation was not, therefore,: reversable error "The rule that the materiality of proffered evidence must be shown to render the exclusion thereof error is well settled in this s^ate, and applies to criminal pretentions as well as civil actions."" Then follows citations to show that "defendant is not shown to have been prejudiced by the ruling.-' There was no error In the refusal of the court to submit to the jury the question of manslaughter in the first degree. The defense .relied upon, as shown by test'imonjy "tiat' the fatal shot was fired in a. moment when he was mentally deranged and irrespon sible." The court so inst/ucted\the jury* says the opinjpjjL ,totwhich no objec tion was. made,^ except refusal of re quests for IflBtntctio^s whicheinclud ed one of maihslaligTBter.' -A WMXfrl NO ERRORS IN MURDER XRIAJU SAYsJiraimuNAL rtf shoot ing was not the r^ult of passion, aroused from the,, saddencombat -or other provfjcation arising from the conduct of Nolspn."* Nothing of Me fcind WSMntimated him in giving bis testimony to the Jury." The opinion then goes 0&* to say that an attempt was made' to coh yinqe the jury that after 'entering the stairway Nelson bumped, Henri onnet's bead against the wall causing Ws to lose his senses, also -"an affi davit made the basis of his action for a new trial presents the case in an "entirely djfferent.llght andfflat^ylnt consistent with the record made1 a the trial." Defendant'! Demeanor. The opinion then tells of the de fendant's demeanor at the time.ot tne shooting and after he emptied the revolver at his victim, and the fle ctsioti states "defendant chose as a defense^'a suddenly deranged pafrid, rendering jijni unconsious of his acts and by that his case must be teated in this court: And-moreover, the #H denes' in our view of the record in overwhelming- that he fired the fatal shots at-kelson with intention to kill, thus taking the case entirely out of the range of manslaughter in the 'i first degree. SO, fr as appears by the record, NeTsOU was unarmed.'1 The opinion then vails attention to what followed" the stairway peine and tells of Nelson running frotp the hallway pursued by Henrionnet still shooting at him, and statements made by the latter to questions asked by witnesses.... "The new thoery first made in the affidavit supporting the action for a new trial comes too late. The record j' made at the trial cannot thus be sup plemented or enlarged. Surely defendant cannot be permitted* to play fast and loose with facts, efen though his liberty is at stake.- fhe evidence points unerringly to interi tional homicide." "$ Evidence Is Saonortinir. In dosing the decision says: gj.-j. "The evidence fully supports-on verdict and we find dfrom the reoerd no error to Justify interference'by this court.*' ?B YA2IKSL0STHAT9m PAEIS! (By United Press.) Paris, Jan. 24. (By Mail.)On the second night of the celebration in connection with President Wilson's arrival in Paris, there was scarcely an American soldier-office or man with a hat. -The girts, rollicking on the. boulevards, developed a sud den craze for Anterfcan hats and caps as souvenierv regardless of, rank, snatched their jbats and sped away, or made them forget {he bats under a bombardment of kisses. There's a rear admiral who is said to have been seen chasing one boule vard beauty two-blocks to recover his gold-leaf covered cap. Maybe the rear admiral would deny it, but any how it is said he kissed twenty-five girls to get the cap backs it being the only one he had. LIVE OAK MEMORIAL., (By United Press.) Washington, Feb. 8.An oak grove in honor of soldiers killed in the war is to be planted by the Au dubon Park commission in New Or leans, says a meMtcge^l&HWitad^ can Stores*** :a*soeltiotrte4ay'tf(ni flupt. H. J. NUi* Advertisements In this column cost half cent a word per issue, when paid cash in advance. No ad will be run for less than 10c per Issue. Ads charged on our books, cost one cent a word per issue. No ads run for less than Mo. FOB SAifi FOR SALE-Team, weight about 1200 lbs. each. Good breeching harness, good sleigh and narrow tire wagon. Harry. B. Osborne, La vinia. Phone i&F13. 2d220 FOR SALEResidence property at corner Fifth Btreet and Bemidji Ave., formerly occupied -by Elliot, florest. On account of, losing heavily in forest fire at Brookston last October, I will sacrifice this property for cash. Address owner, Rowe McCamus, Saxon, Wis.'6d24 FOR SALEHouse and lot on Dewey avenue. Call" 1109 Dewey Ave. 8-210 FOR SALErWednesday and Thurs day, dlr$fi't^rem~ car, birch, $7.76 per 4 .foot oCprd, (this is No. 1 wood). From yard16 inchiirch f&60, IS.26, $3.00 16 inch tam arack, $3.00, $2.75, $2.60 16 inch jack pine, $2.75, $2.50, $2.25 16 inch ash, $3.00 16 inch mixed wood, part green, $3. George H. French & Sops. Phone 93. 4d28 FOR SALEHouse and lot, also fur niture east of Lincoln school on corner Nymore. Cheap if taken at once. Vincent Jonas, Nymore, Minn, I2d211 FOR SALEQuarter section in Township one fifty seven, Range thirty-eight. Ditch tax paid for nlnteen seventeen. Low price and liberal terms at 6% for quick-sale. Address "L. G." Pioneer office. 174215 FOR 8ALEOak, well built store ladder. Call at Pioneer office. 1123tf FOR RENT FOR RENTFrom May first to Oct. first, small modern furnished house on lake shore. Adddress, HI)., care Pioneer, giving name. 3d28 FOR RENT-Modern furnished and heated room. 516 Bemidji avenue. 5-210 WANTED WANTED-^LaundreBSi kitchen girl. Relliher hotel. 3-210 WANTEllN^rLady to advertise by us ing her phone. Call Mrs. Chase, li^mrKham hotel. --1*28 WANTBD^-J-To hear from owner of -'good farm for- sale. State cash price, full particulars. D. F. Bush, Minneapolis. Minn, 28 WANTED(Man -or woman, salary $24, full time 5) an hour spare time, selling guananteed hosiery to wearer. Experience unnecessary, guananteed Mills, Norristown, Pa. Idas WANTEDGirls, also delivery man at Bemidji Steam Laundry. Work begins Mar. 3rd. Adddress J. .T. Trask. 6(1215 WANTED TO BUYCash paid for Liberty bonds. Inquire after 5 p. m. evenings, room 51 Markham hotel. 6d2S WANTEDKitchen-help. Kelliher hotel 3-210 AGENTS WANTED-MMemorial Life of Roosevelt, America's War for Humanity, each. $2.00 50 com mission to- agents'. Ford Automo bile given free for 80 days best record sales. Bend 20c for each outfit.' F. B. Dickerson, Co., De troit, Mich. 4d2ll WANTEDLand with good house, lake or river frontage, close to town on G. N. or M. & 1. Ry. Give full particulars, legal description, and lowest cash price. Address KLB, care Bemidji Pioneer 6d211 WANTEDRalroad tie cutters and pulp wood, cutters, see W. O. Schroeder. Corner 4th and Minn. Ave. 6d28 WANTED^-p-j^jsecond hand sub serv ice pak4y*v or. corrugated roller. Must be /n L^ood condition and cheap .for. cash. Address XY55 Pioneer.' WANTEDGirls at Bemidji Steam Laundry. Work begins Mar. 3rd. Address J. J: Trask. 7d2S WANTED-To rent 6 room house with bath in desirable location. Nibt too far. from the business dis trict. Address "S," Pioneer. 120tf FOR ANT kind of a real estate deal, see or write E. J. Willits, 407 Bel trami Ave. Phone 41. 121Stf WANTEDSmall flat or 3 room apartment, unfurnished man and wife. Address H, A. H., care Pioneer. 4d2-27 STAHt-JACOBS Furniture Reuovntora All work guaranteed. Work' called for and de livered. General Repair Shop msm 488 Sit 6trrSfc POLITICAL ANNOUNCEMENT (Authorized and to he paid for by A. T. Carlson. Amount, $10 for series.) A. CARLSON FOR MAYOR ^ny.. I am a candidate for the office of Mayor. I believe in an, economical and business-like administration of the city's affairs, as far as this office is concerned. Your support at the polls election day, February 18th, will be much appreciated. A. T. CARLSON. POLITICAL ANNOUNCEMENT L. F. JOHNSON Tfo the Voters of the City of Bemidji. I am a candidate for the office of Mayor of this city at the election to he held February 18 next, and solicit the support of every voter who be lieves in an honest, efficient and eco nomical administration,of all depart ments of the city. I have been president of the city council for two years and represent ed the First ward as alderman for two years, and am-familiar with thfiineeds of a growing city like-ours. Pending legislation means much to Northern Minnesota, and Bemidji, the "City of Enterprise" should be in a fegislation. tosition to take advantage of. such Respectfully, L. F. JOHNSON TEL. 474 ftt%U*t.'\-~\ "~v^^|'^iy^^r^.^if.wif ^fri^f^MtSS^f' ,.niWfj,5B,y. rj^^i4t$itim&^mfltri>*^tih unt ninfii ,^i jmr.S3ttiBS^i t^i'w, lii. MUSHROL It Soothes and Relieves Like a Mustard Plaster Without the Burn or Sting* Musterole is a clean, white ointment made with the oil of mustard. It does all the work of the old-fashioned mustard plasterdoes it better and does not blis ter. You do not have to bother with a doth. You simply rub it onandusually the pain is gone1 Many doctors and nurses use Muster* ole and recommend it to their patients. They will gladly tell you what relief it gives from sore throat, bronchitis, croup, stiff neck, asthma, neuralgia, congestion, pleurisy, rheumatism, lumbago, pains and aches of the back or joints, sprains, sore muscles, bruises, chilblains, frosted feet, colds of the chest (it often pre vents pneumonia). 30c and60c jars hospital size $2^X. Ry. Tie Cutters and Pulpwood Cutters WANTED -SE E W. G. SCHROEDER Cor. 4th and Minn. Ave. M.E. IBERTSON Funeral Director and Licensed Embalmer PICTURE FRAMING A SPECIALTY Phone 317-W and 317-R 405 Beltrami Avenue BEMIDJI, MINN. DRY CLEANING Clothes Cleaners for Men, Women arid Children O THE BEMIDJI DAILY PIONEER SATURDAY EVENING, FEBRUARY 8, 1919 THE UNIVERSAL CAR Place your order with us now, for that Forpl car you want, in order to insure yourself of the earliest possible delivery. Runabout, Touring Car, Coupe, Sedan or One-Ton Truck. Production is coming through in limited quantities^ at present. It takes some time to turn the big'factory back from 100 per cent Government work to 100 per cent production of Ford cars So first come, first, served.. ,The demand is big from every part of the country, and the Fprd Motor Company will be impartial in the effort to serve fairly every one of the great army of Ford dealers. This means that for some time to come we are not gco&g^to have enough cars to sup-*., ply our-trade, so, as above stated, those who place their orders first, will have first delivery. Probably in no other line of human activity is there a greater utility than the Ford car. That's why it is so well named "The Universal Car." It serves everybody, both for business and for pleasure. Again we urge your placing early orders, especially if you want de- livery by spring. Prompt, cojurteous service./ W. JEWETT CO. INC. Ford Authorized Sales and Service For Quick Returns and Highest Cash Market Prices smt:YouR^#:S^:*''*' Hides, Furs, Wool, Sheep Pelts and Bee Wax and Tallow To NORTHERN HIDE & 118 Belt. Aye, f-.. SUBSCRIBE FOR tH E DAILY PIONEER BEMIDJI, MINN. TEL 474 FUR COMPANY Bemidji, Minnesota Goldberg's Hide & Fur Co. **$!%?' Wo Pay Freight on All SMpmonts 112-3rd St. I Door W. of Exp. Office Phone638-W ~iv4sateTan., 3S fi%'' ''''mt If' i im rp=5= Big Jump in Prices Hide Market Has Advanced The demand for furs was never better than it- is today. Sell while prices-are high. For the highest market price in Hides er Furs *Bring or Ship to M# "-Hii^ TbJto company has no "watered stock." For every dollar's worth of stock or bonds issued a dollar has been invested in the property.