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The Bemidji daily pioneer. (Bemidji, Minn.) 1904-1971, February 03, 1913, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn86063381/1913-02-03/ed-1/seq-1/

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Story of the Shooting.
Crime Committed at 6:15 as He Was About to Enter Barroom After Hav-
ing Gone Up Stairs to Get a FailMany Men in Saloon at the
Time the Shot Was Fired.
Asked for Food and Was Taken in Charge by Constable Adolph Guisness
Who Held Him Prisoner Until Deputies Cahill and
Bursley Arrived From Bemidji.
Trouble is Said to Have Been Caused Oyer Money MattersBullet Was a
.38 Calibre Steel From An Automatic-Passed Through
Heart and Heavy Partition.
Shot through the heart with a .38 calibre steel jacket bullet, Sam
Marin, known as "Big Sam" walked about thirty feet and spoke several
times before he died Saturday night. Marin was shot at 6:15, by a man
who later ga^e his nams as August Johnson, as he came down stairs and
was about to enter the barroom of his saloon, which is known as "Big
Sam's Place." The saloon is located on Third street between those oper-
ated by John Larson and Perle Davis. After the bullet left Marin's body,
it went through a two-inch oak partition. When found by Deputy Burs-
ley, it was unscratched.
In spite of the fact that there was at least one eye-witness of the
shooting and that there were several men in the barroom, Johnson es-
caped into the street and was not caught until Sunday afternoon when he
asked for food in Wilton. The arrest was-made by Constable Adolph
Guisness and Johnson was brought back to Bemidji by Deputy Sheriffs
Cahill and Bursley. The coroner's inquest was held and Johnson was ar-
raigned in court this afternoon.
As near as can be learned from the
men who were in the saloon at thelumber
time of the murder, Marin was shot
after, he had refused to throw up his
hands. From the stories told the po
lice^ Saturday night-aad Sunday, it
appears -that Johnson first came into
the saloon Saturday morning. He
ordered a drink and when he paid for
it showed a $20 bill. It is said that
Marin advised Johnson to leave the
bill with him until Johnson sobered
Johnson's story is that Marin later
gave him $3 and that he paid Marin
fifty cents for a room. Johnson went
to his room after dinner and slept
for about three hours. When he came
down stairs, it is said that he asked
Marin for the $17 balance that he
claimed he had coming. Marin told
him that he had $11 coming.
"I then realized that I was up
against the old game," said Johnson
Sunday, "and decided that it would
be better to take the $11 than lose it
all so I asked him for that. He turn
ed away and would not answer and I
went over and sat down."
It was about this time that Marin
asked his cook for a pail and as the
cook had none, Marin went up stairs
to get one. One of the men in the
saloon, D. E. Keane, was asked by
the cook to go down cellar and
throw some wood on the fire. "Little
Sam" Kirby was in charge of the bar
Keane came out of the bar room just
as Marin came down stairs.
"I happened to look into the wine
room," says Keane, "and I looked
right down the muzzle of that re
volver. I fell back and as I did heard
the man call out 'Hey, there,' or
'You, there' or 'throw up your hands,'
or something like that and then there
was a shot. 'Big Sam' said 'Boys, I'm
shot' and walked the length of theand
bar and sat down. He said 'I'm all
in' and sank to the floor."
In the confusion, the murderer
walked out of the saloon, ran down
Third street and turned down Minne
sota avenue. He was seen running
by Ben Lundgren, former deputy
sheriff, and Lundgren followed. The
man took to the alley back of Nan
gle's store, to America avenue, and
then down the embankment to theness.
railroad yards. A Great Northern
freight pulled out about that time
and it was feared he had escaped on
it. The train was searched at Wil
ton and Fosston and no trace of him
Sunday afternoon about 4 p. m.,
Johnson -walked into Wilton and
asked for something to eat. He had
been out all night and appeared
famished. Constable Guisness saw
him and from behind ordered him to
throw up his hands. Guisness did
not even have a jack knife with him.
The key to the jail could not be
found so Johnson was guarded until
the Bemidji officers arrived. He was
placed in the county jail in Bemidji.
Here he was identified as the man
who was seen in the saloon prior to
the shooting Johnson said that he
was a Dane by birth, had been in this
country twenty years, was thirty-
four years of age and worked in
North Dakota and the Minnesota
He is a man of medium build with
a pair of steel blue eyes.
Investigation Saturday night re
vealed that he had purchase.dJthft
ammunition for his gun about 11 15
in the morning. It Is believed that
after leaving the Marin saloon he in
tended to get in another saloon and
mingle with the-
crowd a few minutes
for an alibi and then quietly change
his clothes and leave the city. The
chase by Lundgren, who did notThe
know of the murder at the time, kept
him from the down town district.
Sam Marin was a brother of John
and Henry Marin, of Bemidji, and
W. A. Marin of Crookston. He is
survived by a wife, five daughters
and a son. Funeral arrangements
have not yet been made.
At the coroner's inquest held this
afternoon, Dr. Ward traced the
course of the bullet in Marin's body.
Dick Brascamp, clerk at Palmer's
testified that Johnson was the man to
whom he had sold bullets Saturday.
Marion Hazen and Fred Bursley told
of finding the bullet and empty shell.
D. L. Keane, an eye witness, describ
ed the shooting in some detail. Dep
uty Cahill said he was called to Wil
ton and brought Johnson back.
The coroner's jury was composed
of Albert Kleven, E. F. Netzer, Scott
Stewart, Roy Dennis, William Hazen
anO Johu Tennstrom.
A warrant was issued lest week for
Raymond Kreatz but he had left
town when officers went to serve it.
It is said that he ran a machine into
the doors of the Northern Auto com
pany garage, entered the building
took a Prest-O-Lite tank and oth
er auto accessories.
Sheriff Andrew Johnson went to
Baudette last week. He is expected
back tonight.
Fred Tydeman, of Minneapolis, at
torney for the state board of health,
was in Bemidji over Sunday on busi
He left for Cass Lake this
crnnp TH E CU
0\^\J\jr REPORTE
9coor-tMwnoA& tT&
OUtre. THtTHHfr FOR,
A1MMNMUE.1*05 T&
44*^- f%*^ff%i
United States Supreme Court Hands
Down Decision Applying "Rule of
Reason" of Standard Oil Fame and
Says It is Not an Unlawful Mono
By VnitsA **M. 1
Washington, Feb. 3.The United
Shoe company, which is the so-called
"Shoe Machinery" trust, is not an
unlawful monopoly under the Sher
man anti-trust law. Its officers will
escape criminal prosecution.
Applying the "rule 'of reason," of
the Standard Oil and Tobacco cases,
the court affirmed the decree of
Federal District Judge Putnam, of
Boston, who dismissed the criminal
indictments brought against five of
ficers of the company for alleged vio
lation of the Sherman law.
Locals Take Visitors Into Camp by
Score of 22 to 11 in a Game
Whioh Was Hard Fought.
Defeating the Walker quint in rf
hard fought game Saturday night by
a score of 22 to 11, the Bemidji
High school team won its first .game
of the season. The game started off
with a rush and although the Walker
boys were never ahead during the en
tire game the Bemidji team was not
sure of the game until the last few
minutes of play.
The winning of this game means a
great deal for the team as Walker
has played five games before Satur
day's game and came here undefeat
ed. This was the second game for Be
midji but was a sample of what they
really can do. The Walker team only
shot two field baskets and their fdr
wards appeared to be playing in hard
luck as they made several good at
tempts to shoot baskets and failed.
visitors outweighed the locals
but. the Bemidji team was faster on
its feet. Walker's center shot the
fouls and missed but two out of the
nine chances.
The winning of the game was due
partly to the excellent guarding of
C. Bailey and Elletson. Tanner and
Earl Bailey were the stars of the*
game if any could be picked and
played a game altogether too fast for
the^-big Walker guards. Johnson at
center played a good game but was
closely guarded by the Walker cen
ter. A dance was held after the game
in the Armory hall in honor of the
visitors and the many rooters that
accompanied the team. The line-up
for the two teams was as follows:
Walker11 Bemidji22.
Oliver c. Johnson
Johnson. f. Tanner
Hallier f. Bailey
Nelson g. ......C. Bailey
Roskwick g. .Elletson
Hess and Rogers, Walker subs.
Graham, Bemidji sub.
May Play Superior.
A game has "been scheduled be
tween the "Big Bemidg" basket ball
team and the Superior team but as
yet no definite date has been set for
the game. If "possiole the game will
be played on or around the fifteenth
of February. Superior has a fast
bunch and has) defeated some strong
teams in Duluth and other cities.
The local boy* have played four
games and have won them all by big
scores. They are expected to make a
good showing with the Superior
team. Brandon, Bemidji's star for
ward, has returned from Little Fork
and will again play on the team.
Neuman will be able to play by the
fifteenth and the team will have all
its old strength back.
CHAO**9k)fefS0R. A
Cost of lighting streets and building during fiscal year 1912..
StreetArcs and ^2 e. p. lights ,$6,296.73
Rink '..v 16.20
Band stand a^d-'dock 54.17
Buildings .i_ 403.39
Total f. .i
Lighting cost this fyetfr $6,519.84
Lighting cost last Wear 6,005.28
Any ground hogs living in
tike vicinity of Bemidji which
came out from their holes yes
terday, were assured that it was
time to get up as spring, is com
ing early this year. The sun did
not shine all day and shadows
were unknown. Had Mr.
Groundhog, or Mr. Woodchuck
as he is better known, seen his
shadow, he would have returned
to his hole for another sleep of
six weeks. A groundhog's hole
runs about four feet under
ground and is usually between
forty and fifty feet long.
The regular February meeting of
the Bemidji Commercial club will be
held in the club rooms Tuesday eve
ning. As there are several matters of
importance to be brought up at the
meeting, the officers desire a good
Increase this year $ 514.56
Note: Increase due to installation of additional lights, and changing the
arches fr a midnight to all night service.
In the February American Maga
zine James Montgomery Flagg, the
famous wit and artist, writes and
illustrates an amusing article about
the adventures or a man named Billy
who set out to hire a cook. Following
is an extract showing one of Billy's
experiences at,. an employment
/'Billy was trying to describe the
sort of a cook he wanted, and he
suddenly grasped the agent by the
wrist and -pointed rudely.
There! the one with the black-house
hat with the white feather duster on
itJ She looks like what I'd prefer to
have around the .house bring her
over let me talk to her/
"'She's looking for a maid her-
self,' smiles the agent. 'That is Miss
Vera Lipsalve, of, the Winter Gar-
den!'" S
Chicago Polio* Ordered Not to Arrest Hoboa Holding Union Carder-News Item.
New York, Feb. 3.rrWhat
promised to be another tragic
chapter in' the history of. the
Rosenthal case opened Saturday
morning when a daughter was
born to Charles Becker, the
former police lieutenant, now
under sentence of death in Sing
Sing prison for complicity in
the gambler's murder.
Mrs. Becker is desperately ill
at the Woman's hospital and the
doctors say there is little hope
of saving her life and her baby.
The infant weighs twelve
pounds but the anxiety and
grief, which have darkened the
life of the mother since her hus
band was accused of ordering
the murder of Rosenthal last
July, the physicians say, have so
*.affected the constitution of the
child that there is little likeli
hood that she will survive.
By United Prea.
St. Paul, Minn., Feb. 3.-Tonnage
tax is the big issue now before the
house, while reapportionment, work
mens' compensation and public utili
ties are the principal topics before
the senate of the legislature.
H. P. Bjorge of Lake Park is the
author of the tonnage tax measure,
which does not differ greatly from
the bill which he offered four years
ago and,which was vetoed by Gov.
Johnson, after it passed both the
and senate.
The reapportionment measure, it
is expected, will be introduced .early
this week, by Senator Victor L. John
son, chairman of the reapportionment
committee of the senate.
Public hearings, on workmens'
compensation and public utilities will
be held this week.
Monday Is An Awful Slow Day For Good Stories By "HOP
National Senate Passed Rill Saturday
Calling For Constitutional Amend
ment to Restrict Presidents.
Washington, Feb. 3.A constitu
tional amendment which would re
strict the president of the United
States to a single term of six years
and" wiftrld- tar. Woodrow.JWlIsbn and
and Theodore Roosevelt and William
H. Taft from seeking election was
approved by the senate Saturday by
the harrow margin of one vote.
After a three-day fight, in which
Progressives joined with many Re
publicans in opposing the restricted
presidential term, the senate adopted
the original Works resolution by a
vote of 47 to 23.
The language which it i& proposed
to insert in the constitution in place
of the first paragraph of article 2, ispally
as follows:
The executive power shall be vest
ed in a president of the United States
of America. The term of the office of
president shall be six years and no
person who has held the office by
election, or discharged its powers or
duties, or acted as president' under
the constitution and laws made in
pursuance thereof shall be eligible to
hold again the office by election.
The president, together with a vice
president, chosen for the same term,
shall be elected as follows:
The resolution proposing the con
stitutional amendment now goes to
the house. If ratified there by a two
thirds vote, it will be submitted to
the legislatures of the states and will
become effective when three-fourths
of the forty-eight states of the Union
have officially approved it.
Repeated attempts were made to
change the resolution so it would not
affect past presidents, or the presi
dent in office when it may finally be
ratified by the states. All these ef
forts failed. Two votes taken again
demonstrated that the senate did not
care to exempt any person from the
operation of the single term provis
An amendment by Senator Hitch
cock, which would have exempted
past presidents and made the new
provision take effect March 4, 1917,
was voted down 42 to 27, and an
amendment by Senator Sutherland, to
exempt the president in office when
the constitutional amendment may
finally be ratified, was defeated 38
to 29. s
Bill Introduced In Senate to H?
People Board of Appeal! in
Rates and Services.
Says Voters Must Control Bat Politic*
Often Enter Management of
Municipal Enterprise!.
Three Men to Be Appointed at Salary
of $5,000 Per Tear With Power
to Appraise and Value.
SpeoUl to Th* VIOHMT.
St. Paul, Feb. 3.Designed to
supervise and regulate all public util
ities in the state of Minnesota, a bill
has been introduced in the legislaturt
by Senator Murray, of Renville coufe
ty, which, if enacted into law, will
give the people a board of appeals to
which citizens may go with com
plaints against water, gas, electric
light and other general utility com*
panles not giving satisfactory service
or charging excessive rates. The
measure is intended also to aid towns
where municipally owned plants, con
trolled by politics, have individuals
or factions at disadvantage.
In his inaugural message, Governor
Eberhart said:
"In my opinion, public utilities
must be either owned or controlled
by the people. Where control can be
vested in a fair, impartial and com
petent authority, removed as far as
possible from political influence, it is
far superior to ownership. It ha*.
been found by experience that It 1*
very difficult to keep municipally
owned plants out of politics. As a
general principle, it is true that the
state or the city should not go into
any business which can be transacted
as well by individuals. In the case
of public utilities, the selfish greed
of ihuman nature too often takes ad
vantage of the people's dependence to
demand excessive rates or grant un
fair discrimination as between locali
ties and individuals. Even munici
owned public utilities are now
realizing the necessity of state-wide
regulation and a strong demand for
such regulation comes from producers
and consumers alike throughout the
"Owing to local conditions and in
fluences, it is impossible for a local
commission to be as successful in the
regulation of these utilities as a
state-wide commission. The regulat
ing authority and the regulated are
too closely related and dependent
upon local conditions and it is almost
impossible to be impartial and fair."
The Murray bill provides not only
for supervising municipally owned
plants, but those conducted by cor
porations as well. Citizens may go to
the utilities commission and ask for
an investigation of any*rates or serv
ice given by any plant owned by a
municipality or by a corporation.
The general provisions of the bill
State public utilities commission to
consist of three members, to be ap
pointed by the governor at a salary
of $5,000 a year.
Total expenditures of the board
not to exceed $76,000 per annum.
The commission shall have juris
diction over property rights, facili
ties, franchises and service of aif
steam railroads, street railway, trac
tion railway, electric railway, canal,
express, subway, pipeline, gas, elec
tric light, heat, power, water, oil,
sewer, telephone, telegraph or other
utility in public use.
The commission shall have power
to appraise and value the property
of any public utility, fix reasonable,
just individual rates, tolls, charges
or schedules regulate service, fix
rules to secure accuracy of meters
and appliances for measuremezjits
compel any public utility to cogfply
with municipal ordinances celtipel
extension of existing facilities w|re
there is sufficient business to justify
such extension prevent discrimina
tion in rates of one locality against
another prohibit the issuance of
stocks, stock certificates, bonds,, or
other evidences of indebtedness with
out authority from the board pro
hibit a corporation from capitalising
any contract for consolidation, mer
ger or lease except when authorised
prohibit selling, leasing mortgaging
or disposing of property or franchise
rights or merging" with any other
public utility without approval of the

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