August 1920-February 1921. Selected pages 1-152.
Type of event: Legal Proceedings
Location: Saint Louis County; Minnesota; United States
Document date:
Document type: Gov't Record(s)
Document subtype: Criminal Journal
Citation:
Minnesota. District Court (Saint Louis County)
Criminal Journals
August 1920 – February 1921.
Selected pages 1-152, August 1920-February 1921.
Image text
Wednesday August 30th, 1920 [page 1]
Court convened at 9:30 o’clock A.M.
Officers present: Hon. Wm.
A. Cant, Judge presiding
W. R. Wasson, Deputy Clerk
Mrs. F. H.
White, Reporter
R. S. Lerch, Deputy Sheriff
Criminal State
of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name
of Leonard Hedman
Defendant present in court and duly called for trial
upon the
Indictment against him. Warren E. Greene, Esq. county attorney appearing for
the state. O. J. Larson, Esq. and George B. Sjoselius, Esq. appearing for the
defendant, the following jurors were drawn to try the defendant.
1 J. A.
Braff Duluth, Minn. Sworn as Juror
2 S. M. Peterson Duluth, Minn. Sworn
as Juror
3 George Bryan, Jr. Duluth, Minn. Sworn as Juror
D1 M. J.
Stewart Duluth, Minn. Defendant’s first peremptory
Challenge
4 J. R. Wade Duluth, Minn. Sworn as Juror
Ex J. E. Landmark Duluth, Minn. challenged actual bias by defendant,
denied, sworn, interrogated, challenge admitted by State, excused
Recess until 2:30 o’clock P.M.
Court reconvened at 2:30 o’clock P.M.
Same Officers present
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court
Roll of Jury as selected, all
present
5 Alfred Berkiland Canyon, Minn. Sworn as Juror
6 T. F.
Clark Duluth, Minn. Sworn as Juror
S1 F. C. Ames Hibbing, Minn.
State’s first peremptory challenge.
Ex Herbert H. Marston Duluth,
Minn. Challenged actual bias by
defendant, denied, sworn, interrogated, submitted, found true,
excused.
7 Erland Fredrickson Culver, Minn. Sworn as Juror
S2 Arthur Hagen Duluth, Minn. State’s second peremptory challenge.
Monday August 30th, 1920 [page 2]
Court convened at 9:30 o’clock A.M.
Officers present: Hon.
Bert Fisher, Judge Presiding
Alec S. Hamilton, Deputy Clerk
Geo.
H. Stillman, Reporter
John LaVaque, Deputy
Sheriff
Criminal State of Minnesota
vs.
Gilbert Henry
Stevenson
Above entitled action duly called for trial by jury. The
defendant is
Present in court with his counsel, Harry C. Weinberg and A. E. McManus. Mason
M. Forbes, Esq. appearing in behalf of the state. The following were called and
selected as Jurors to try the case.
1 John A. Johnson Duluth, Minn. Sworn
as Juror
Herbert N. Marston Duluth, Minn. Defendant’s challenge for
actual bias. Denied, Juror sworn. Challenge found true, Juror excused.
W. G. Baldwin Duluth, Minn. State’s challenge for
actual bias. Denied, Juror sworn. Challenge found true, Juror
excused.
2 M. V. Ness Duluth, Minn. Sworn as Juror
3 F. F.
Bolton Duluth, Minn. Sworn as Juror
4 E. G Bush Duluth, Minn. Sworn as
Juror
5 Joseph W. Hampton Duluth, Minn. Sworn as Juror
6 Andrew M.
Ol[?] Duluth, Minn. Sworn as Juror
7 H. C. Strong Duluth, Minn. Sworn
as Juror
8 W. M. Underhall Duluth, Minn. Sworn as Juror
9 Harry
Mil[?] Duluth, Minn. Sworn as Juror
Recess until 2:00 o’clock
P.M.
Court reconvened at 2:00 o’clock P.M.
Same Officers
present
Criminal State of Minnesota
vs.
Gilbert Henry
Stevenson
Defendant present in court. Jurors all present as
selected.
Drawing of Jurors resumed.
10 O. O. Whitney Duluth,
Minn. Sworn as Juror
A. G. Anderson Hibbing, Minn. State’s 1st
peremptory
Challenge
11 Emil Schleuder Duluth, Minn. Sworn as Juror
G. S. Camp Hibbing, Minn. State’s 2nd peremptory
challenge.
12 J. J. O’Brien Duluth, Minn. Sworn as Juror
The
state’s opening statement to the court and jury.
Oscar Olson, Duluth,
Minn. Sworn testifies in behalf of the State
William H. LaSalle, Duluth,
Minn. Sworn testifies in behalf of the State
Court adjourned until 9:30
o’clock A.M. Tuesday August 31st , 1920.
J. P. Johnson, Clerk
By Deputy Clerk
Tuesday August 31st, 1920 [page 3]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm.
A. Cant, Judge Presiding
J. A. Cummings, Deputy Clerk
R. S.
Lerch, Deputy Sheriff
Mrs. F. H. White,
Reporter
Criminal State of Minnesota
5713 vs.
Leonard
Gustav Hedman, indicted under the name of Leonard Hedman
Defendant present
in court.
Jurors all present as selected.
Selection of Jurors
resumed.
D2 E. R. Bechtel Alice, Minn. Defendant’s second peremptory challenge
D3 C. W. Higgins Duluth, Minn. Defendant challenge for actual bias, denied. Juror sworn, interrogated submitted, submitted, challenge found not true. Defendant’s 3rd peremptory challenge
8 W. M. Cutliff Duluth, Minn. Sworn as Juror
John Makitalo Foivola, Minn. Excused by counsel. Juror excused
Recess until 2:00 o’clock P.M.
Criminal State of Minnesota
vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court
Selection of Jurors
resumed.
D4 E. J. Zauft Duluth, Minn. Defendant challenge for
actual bias, denied. Juror sworn, interrogated. Challenge found not true.
Defendant’s 4th peremptory challenge.
D5 W. B.
Dunlop Duluth, Minn. Defendant challenge for
actual bias, denied. Juror sworn, interrogated. Challenge found not true.
Defendant’s 5th peremptory challenge.
9 S. C.
Camp Hibbing, Minn. Sworn as Juror
Court adjourned until 9:30
o’clock A.M. Wednesday September 1st 1920.
J. P. Johnson, Clerk
By. J. A. Cummings, Deputy
Wednesday September 1st, 1920 [page 4]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
W. R. Wasson, Deputy Clerk-J.A. Cummings
Deputy Clerk
Mrs. F. H. White, Reporter
R. S. Lerch, Deputy
Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav
Hedman, indicted under the name of Leonard Hedman
Defendant present in
court.
Drawing of Jurors resumed.
10 Geo. W. Welles Duluth,
Minn. Sworn as Juror
Maurice H. Hanlon Duluth, Minn. Excused by
consent
S3 A. Anderson Alice, Minn. State’s 34d peremptory
Challenge
11 F. C. Ferry Duluth, Minn. Defendant challenge for
actual bias – denied – sworn, interrogated, challenge withdrawn. Sworn
as Juror
12 Samuel Stein Duluth, Minn. Sworn as Juror
The states
opening statement to the Jury
Herbert J. O’Brien, Hopeming, Minn.
Sworn, testifies in behalf of the state
State of Minnesota
vs.
Hebert J. O’Brien
On motion of the County Warren E.
Greene, Esq. it is ordered that
the defendant Herbert J. O’Brien be released without bail on
recognizance pending arraignment on the Indictment against him.
Thereupon a Certificate of Discharge was issued and delivered to the
Sheriff.
Recess until 2:00 o’clock P.M.
Court reconvened at 2:00 o’clock P.M.
Same officers present
Criminal State of Minnesota
vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Jurors are all present.
Defendant present in court
Herbert J. O’Brien Hopeming, Minn. resumes testimony on behalf of
the state.
Edward Harris Duluth, Minn. sworn, testifies in behalf of the state.
Constant Walker Duluth, Minn. sworn, testifies in behalf of the state.
Fred Mahlen Duluth, Minn. sworn, testifies in behalf of the state.
Victor Isaacson Duluth, Minn. sworn, testifies in behalf of the state.
Harry Sorensson Duluth, Minn. sworn, testifies in behalf of the state.
Court arraigned until Thursday September 2nd 1920
J. P. Johnson, Clerk. By J. A. Cummings, Deputy.
Tuesday August 31st 1920 [page 5]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex B. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John LaVaque, Deputy Sheriff
Criminal State of Minnesota
5734 vs.
Gilbert Henry Stephenson, indicted under the name of Richard
Johnson
Defendant present in court
Roll call of Jury, all
present
Wm. F. LaSalle, Duluth, Minn. resumes testimony behalf
state
Nate Natelson, Duluth, Minn. sworn testifies behalf
state
Recess until 2 o’clock P.M.
Court reconvened at 2
o’clock P.M.
Same officers present
Criminal State of
Minnesota
5734 vs.
Gilbert Henry Stephenson, indicted under the name
of Richard Johnson
Defendant present in court
Jurors all
present
Nate Natelson, Duluth, Minn. resumes testimony behalf
state
J. M. Maxon, Duluth, Minn. sworn testifies behalf state
E. H.
Barber, Duluth, Minn. sworn testifies behalf state
Carl Sundberg, Duluth,
Minn. sworn testifies behalf state
C. C. Walker, Duluth, Minn. sworn
testifies behalf state
Stans Nesgoda, Duluth, Minn. sworn testifies behalf
state
Court adjourned until 9:30 o’clock A.M. Wednesday September
1st, 1920
Attest J. P. Johnson, Clerk
By
Wednesday September 1st 1920 [page 6]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
M. Boyle, Deputy Sheriff
Criminal State of Minnesota
5734 vs.
Gilbert Henry Stephenson, indicted under the name of Richard
Johnson
Defendant present in court
Jurors all present
E. H.
Barber, Duluth, Minn. resumes testimony behalf state
State
rests
Defendants opening statement to the court and jury
Clarence T.
Messurier, Duluth, Minn. Sworn testifies behalf
Defendant
Recess until 2 o’clock P. M.
Court reconvened
at 2 o’clock P.M.
Same Officers present
Criminal State of
Minnesota
5734 vs.
Gilbert Henry Stephenson, indicted under the name
of Richard Johnson
Defendant present in court
Jurors all
present
Clarence T. Messurier, Duluth, Minn. resumes testimony behalf
Defendant
Leslie B. Ford, Duluth, Minn. Sworn testifies behalf
Defendant
John Duluth, Minn. Sworn testifies behalf
Defendant
J. E. Bretela, Duluth, Minn. Sworn testifies behalf
Defendant
Myrtle Messurier, Duluth, Minn. Sworn testifies behalf
Defendant
Florence Larson, Duluth, Minn. Sworn testifies behalf
Defendant
Helen Larson, Duluth, Minn. Sworn testifies behalf
Defendant
Hilde Messurier, Duluth, Minn. Sworn testifies behalf
Defendant
Earl Connor, Duluth, Minn. Sworn testifies behalf Defendant
Gilbert Henry Stephenson, Duluth, Minn. Sworn testifies own behalf
Court
adjourned until 9:30 o’clock A.M. Thursday September 2nd
1920
Attest J. P. Johnson, Clerk
By
Thursday September 2nd 1920 [page 7]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
W. R. Wasson, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
Roll call of Jury all
present
Henry Sorenson, Duluth, Minn. resumes testimony behalf
state
J. N. Nystrom, Duluth, Minn. sworn testifies behalf state
Recess
until 2 o’clock P.M.
Court reconvened at 2 o’clock
P.M.
Same officers present
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
Roll call of Jury all
present
J. N. Nystrom, Duluth, Minn. resumes testimony behalf state
E.
J. Filiatrault, Duluth, Minn. sworn testifies behalf state
Alvin L. Anderson, Duluth, Minn. sworn testifies behalf state
Conrad Lading, Duluth, Minn. sworn testifies behalf state
Wm. F. LaShells, Duluth, Minn. sworn testifies behalf state
Joseph Quoxy, Duluth, Minn. sworn testifies behalf state
Thursday September 2nd 1920 [page 8]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
M. Boyle, Deputy Sheriff
Criminal State of Minnesota
5734 vs.
Gilbert Henry Stephenson, indicted under the name of Richard
Johnson
Defendant present in court
Jurors all present
Gilbert Henry Stephenson, Duluth, Minn. resumes testimony own
behalf
Defendant rests
E. H. Barber, Duluth, Minn. recalled testifies
in rebuttal
J. C. Brown, Duluth, Minn. Sworn testifies in
rebuttal
State rests
Defendant rests
Evidence
closed
Defendant moves the court to dismiss the action
Motion
denied
States closing argument to the court and jury
Recess until 2
o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same
officers present
Criminal State of Minnesota
5734 vs.
Gilbert Henry Stephenson
Defendant present in
court
Jurors all present
State resumes closing argument to the court
and jury
Defendant’s closing argument to the court and
jury
The court instructs the jury
The jury retires in charge of
sworn officer George Brown to
Deliberate upon their verdict at 4:30 o’clock P.M. this day.
Defendant present in court
Now comes the jury in the above entitled action and deliver the following their verdict in open court at 6:15 o’clock this day.
Thursday September 2nd 1920 [page
9]
Criminal State of Minnesota District Court
5734
}ss Eleventh Judicial District
County of St. Louis
State of Minnesota
against
Gilbert Henry Stephenson, indicted under the name of Richard
Johnson
whose true name is unknown Defendant
We, the jury in the
above action, find the defendant guilty of the
crime of riot, as charged in the indictment and as defined in paragraph
numbered on of Section 8794 General Statutes of Minnesota for 1913.
Andrew M Olmem, Foreman
Dated at Duluth, Minn., September 2, 1920
Forty days stay of proceedings
Court adjourned
Attest J. P. Johnson, Clerk
By,
Friday September 3rd, 1920 [page 10]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
W. R. Wasson, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
Roll call of Jury all
present
Joseph Zocy, Duluth, Minn. resumes testimony behalf state
Abe
M. Berkson, Duluth, Minn. sworn testifies behalf state
Louis Rusnosky,
Duluth, Minn. sworn testifies behalf state
Michael Zocy Duluth, Minn. sworn
testifies behalf state
Mandy Horwitz, Duluth, Minn. sworn testifies behalf
state
Frank Lake, Duluth, Minn. sworn testifies behalf state
Edward
Henry Cathrow, Duluth, Minn. sworn testifies behalf state
John C. Hunter,
Duluth, Minn. sworn testifies behalf state
Recess until 2 o’clock
P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5713 vs.
Leonard Gustav
Hedman, indicted under the name of Leonard Hedman
Defendant present in
court.
Roll call of Jury all present
John C. Hunter, Duluth, Minn.
resumes testimony behalf state
Oscar Olson, Duluth, Minn. sworn testifies
behalf state
Carl Sundberg, Duluth, Minn. sworn testifies behalf state
Saturday September 4th, 1920 [page 13]
The Grand
Jury having no further business to come before them,
they are discharged by the court from further attendance upon the court.
Court adjourned
Attest J. P. Johnson, Clerk
By, W. R. Wasson, Deputy
Tuesday September 7th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R. S.
Lerch, Deputy Sheriff
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in court
Defendant withdraws his former plea of not guilty and enters a
demurrer to the indictment against him.
Demurrer overruled
Defendant enters a plea of not guilty
Defendant being present in court is duly called for trial upon the
indictment against him. Edward L. Boyle, Esq. second county assistant
county attorney appearing for the state. Thos. J. Doyle, Esq. and Benj. M.
Goldberg, Esq. appearing for the defendant, the following juror were
drawn to try the defendant.
1 W. J. Holmes Duluth, Minn. Sworn as
Juror
Ex Arthur Hagen Duluth, Minn. challenged actual bias by the state,
denied, sworn, submitted, found true, excused.
D1 A. E. Prudden Duluth,
Minn. challenged actual bias by defendant,
denied, sworn, found not true. Defendant’s first peremptory challenge.
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers present
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in
court
Jury as selected all present
Drawing of jury resumed
2 S. E.
Atkins Duluth, Minn. Sworn as Juror
3 W. S. Pollock Duluth, Minn. Sworn as Juror
Tuesday September 7th, 1920 [page 14]
Criminal
4 Chas. H. Whitmore Duluth, Minn. Sworn as Juror
5726 Ex Benj.
Eick Duluth, Minn. Excused by consent
5 H. R. Carl Duluth, Minn. Sworn
as Juror
D2 Mitchell F. Jamar, Jr. Duluth, Minn. Defendant’s second
peremptory
Challenge
6 Ed F. Herrling Duluth, Minn. Sworn as Juror
Ex Jas. D.
Tusch Duluth, Minn. Excused by consent
S1 James Henderson Duluth, Minn.
State’s first peremptory challenge
7 William Wearne Duluth,
Minn. Sworn as Juror
8 A. G. Jeranson Soudan, Minn. Sworn as
Juror
Court adjourned until 9:30 o’clock A.M. Wednesday September
8th, 1920
Attest J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Tuesday September 7th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
Roll call of Jury all
present
Carl Sundberg, Duluth, Minn. resumes testimony behalf
state
Elmer W. McDevitt, Duluth, Minn. sworn testifies behalf
state
Joseph Payer, Duluth, Minn. sworn testifies behalf state
Recess
until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5713 vs.
Leonard Gustav
Hedman, indicted under the name of Leonard Hedman
Defendant present in
court.
Roll call of Jury all present
Joseph Payer, Duluth, Minn.
resumes testimony behalf state
Wm. L. Hale, Duluth, Minn. sworn testifies
behalf state
Robert Benda, Duluth, Minn. sworn testifies behalf
state
Hugh J. McClearn, Duluth, Minn. sworn testifies behalf
state
State Rests
Irene Robinson, Duluth, Minn. sworn testifies behalf defendant
Tuesday September 7th, 1920 [page
15]
Criminal Reginald D. Graham, Duluth, Minn. sworn testifies
behalf
5713 defendant
Murdock J. McBeth, Duluth, Minn. sworn testifies behalf defendant
Wills
F. Morony, Duluth, Minn. sworn testifies behalf defendant
Ernest R
Lueders, Duluth, Minn. sworn testifies behalf defendant
Wm. L Staub,
sworn testifies behalf defendant
Court adjourned until 9:30
o’clock A.M. Wednesday September 8th, 1920
Attest J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Tuesday September 7th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John LaVaque, Deputy Sheriff
Criminal State of Minnesota
5719 vs.
Louis Dondino
Defendant present in
court
Defendant withdraws his former plea of not guilty and enters a
demurrer to the indictment against him.
Demurrer overruled.
Defendant enters a plea of not guilty
Defendant being present in court and is duly call for trial upon the
indictment against him, E. J. Kenny, Esq. appearing of the defendant,
Mason M. Forbes, Esq. first assistant county attorney appearing for the
state, the following jurors were drawn to try the defendant.
D1 W. J.
Bray Duluth, Minn. sworn, challenged actual bias by
defendant, denied, found not true, defendant’s first peremptory
challenge
1 Earl N. Kelly Duluth, Minn. Sworn as Juror
2 David
Kaminki Duluth, Minn. Sworn as Juror
3 J. G. Harris Duluth,
Minn. Sworn as Juror
E. J. Zauft Duluth, Minn.
Recess until 2
o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5719 vs.
Louis
Dondino
Defendant present in court
Jurors all present
Tuesday September 7th, 1920 [page 16]
Criminal
Ex E. J. Zauft Duluth, Minn. challenged actual bias by defendant, 5719 denied,
worn found true, excused
D2 F. C. Ames Hibbing, Minn. Defendant’s
second peremptory
challenge
Ex W. M. Prindle Duluth, Minn. challenged actual bias by defendant, denied, worn found true, excused
4 Chas. H. Claypool Hibbing, Minn. sworn Sworn as Juror
D3 K. C. Hoxie Duluth, Minn. sworn Defendants third peremptory challenge
5 C. W. Keiswetter Duluth, Minn. sworn Sworn as Juror
6 Frank A. Noble Duluth, Minn. sworn Sworn as Juror
D4 Thos. H. Martin Duluth, Minn. sworn, Defendants fourth peremptory challenge
7 J. F. McKanna Duluth, Minn. sworn Sworn as Juror
D5 Charles Niemeyer Duluth, Minn. sworn, Defendants fifth peremptory challenge
8 Thomas McMeekin Duluth, Minn. sworn Sworn as Juror
Court adjourned
until 9:30 o’clock A.M. Wednesday September 8th, 1920
Attest J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Wednesday September 8th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R. S.
Lerch, Deputy Sheriff
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in
court
Jurors as selected all present
Drawing of jury
resumed
Ex Thos. H. Martin Duluth, Minn. sworn, challenged actual bias,
denied,
found true, excused
Ex E. J. Zauft Duluth, Minn. sworn, challenged actual
bias, submitted,
excused
D3 Franklin P. Stevenson Duluth, Minn. sworn, Defendants third
peremptory
challenge
9 Chas. A. Humbert Duluth, Minn. sworn Sworn as
Juror
S2 A. Anderson Duluth, Minn. sworn, States second peremptory
challenge
10 Thomas Bartolette Duluth, Minn. sworn Sworn as
Juror
Ex Joseph W. Kimpton Duluth, Minn. sworn, challenged applied bias,
defendant, denied, found true, excused
Ex W. M. Prindle Duluth, Minn.
sworn, challenged actual bias, defendant,
denied, found true, excused
Ex J. J. O’Brien Duluth, Minn. sworn,
challenged applied bias,
defendant, denied, found true, excused
11 Martin J.
O’Hebier Duluth, Minn. sworn Sworn as Juror
D4 Millard Hibbard, Duluth, Minn. sworn, Defendants fourth peremptory challenge
Wednesday September 8th, 1920 [page 20]
Court
convened at 9:30 o’clock A.M.
Officers present. Hon. Bert Fisher,
Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John LaVaque, Deputy Sheriff
Criminal State of Minnesota
5719 vs.
Louis Dondino
Defendant present in court
Jurors
present as selected
Drawing of Jury resumed
S2 W. E.
Sjoselius, Duluth, Minn. States second peremptory challenge
9 W.
Mendenhall Duluth, Minn. challenged implied bias by the
defendant, denied, sworn, found not true Sworn as Juror
10 Andrew M
Olmem, Duluth, Minn. sworn, challenged implied bias by the
defendant, denied, found not true Sworn as Juror
S3 James Henderson Duluth, Minn. sworn, States third peremptory
challenge
11 Emil Schlender, Duluth, Minn. sworn, challenged implied bias by
the
defendant, denied, found not true
R. G. Foote, Duluth, Minn.
Iver Holmberg, Duluth, Minn. sworn testifies behalf defendant
Wednesday September 8th, 1920 [page 21]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
R. S.
Lerch, Deputy Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
Roll call of Jury all
present
Dr. Edward W. Fahy, Duluth, Minn. sworn testifies behalf
state
James P. Dormidy, Duluth, Minn. sworn testifies behalf
defendant
Wm. Harrison, Duluth, Minn. sworn testifies behalf defendant
Leonard Gustav Hedman Duluth, Minn. sworn testifies behalf
defendant
Court adjourned until 9:30 o’clock A.M. Thursday September
9th, 1920
Attest J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Thursday September 9th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R. S.
Lerch, Deputy Sheriff
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in
court
Jurors all present as selected
Drawing of jury
resumed
Ex Munro Watkin Culver, Minn. sworn, challenged actual bias by
state, admitted, excused
Ex L. W. Dawson Hibbing, Minn. Excused by
consent
Ex E. E. Fuller Duluth, Minn. sworn, challenged actual bias by
defendant, admitted, excused
12 E. R. Bechtel Alice, Minn. sworn Sworn
as Juror
States opening statement to the jury
Herbert O’Brien,
Duluth, Minn. sworn testifies behalf state
W. F. LaSalle, Duluth, Minn.
sworn by the court testifies behalf
State
Recess until 2 o’clock P.M.
Court reconvened at 2
o’clock P.M.
Same officers present
Thursday September 9th, 1920 [page
22]
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in
court
Jurors all present
W. F. LaShells, Duluth, Minn. resumes
testimony behalf state
Ward Gilpin, Duluth, Minn. sworn by the court
testifies behalf state
Jacob N. Nystrom, Duluth, Minn. sworn by the court
testifies behalf state
Oscar Olson, Duluth, Minn. sworn by the court
testifies behalf state
Victor Isaacson, Duluth, Minn. sworn by the court
testifies behalf state
Conrad Lading, Duluth, Minn. sworn by the court
testifies behalf state
Victor Isaacson, Duluth, Minn. recalled testifies
behalf state
Conrad Lading, Duluth, Minn. recalled testifies behalf
state
Court adjourned
Thursday September 9th, 1920
Court convened at 9:30 o’clock A.M.
Officers present: Hon.
Willard L. Cowrne[?], Judge presiding
J. A. Cummings, Deputy
Clerk
Frank H. Ford, Reporter
Geo. J. Mallory, Deputy
Sheriff
Criminal State of Minnesota
vs.
William F.
Rankin
The above named defendant present in Court and is duly arraigned on
the indictment against him. Defendant informs the court that his true
name is William F. Rankin, and that he will procure counsel. The
indictment was read to him and he was given a copy thereof.
Defendant enters a plea of guilty.
Bail fixed in the sum of five hundred dollars.
Court adjourned
J. P. Johnson, Clerk
By J. A. Cummings, Deputy
Thursday September 9th, 1920 [page 23]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
John
Brown, Deputy Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
William Turner, Duluth, Minn.
sworn testifies behalf defendant
James Blackwood, Duluth, Minn. sworn
testifies behalf defendant
Defendant rests 9:40 A.M.
State closing
argument to the Jury 11:15 A.M.
Recess until at 2 o’clock
P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5713 vs.
Leonard Gustav
Hedman
Defendant present in court.
Roll cal of jury all
present
State resumes closing argument to the jury
Defendants
closing argument to the jury 3:25 P.M.
Court adjourned until 9:30
o’clock A.M., Friday September 10th, 1920
Attest J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Thursday September 9th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5719 vs.
Louis Dondino
Defendant present in court
Jurors
as selected all present
Argument of counsel on the challenge of jurors for implied bias: See Reporters notes
Thursday September 9th, 1920 [page
24]
Criminal The challenge for implied bias interposed by the
defendant as to
5719 Jurors W. Mendenhall, Andrew M. Olmoor, Emil Sohlander and R. G. Foote is found true and the Jurors are excused from the case.
Drawing of Jury resumed
9 Millard Hibbard Duluth Minn. Sworn Sworn as Juror
Ex Mitchell F. Jamar, Jr. Duluth, Minn. Sworn, challenged actual bias by
defendant, denied, found true, excused.
Ex Peter O’Brien, Duluth, Minn. Sworn, challenged actual bias by
the state, found true, excused.
10 Joseph H. Kempton Duluth, Minn.
Sworn Sworn as Juror
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5719 vs.
Louis
Dondino
Defendant present in court
Jurors as selected all
present
11 Jacob Weiner Duluth, Minn.
12 W. B. Dunlop Duluth,
Minn.
Roll call of jury, all present
States opening statement to the
court and jury
Herbert J. O’Brien, Duluth, Minn. Sworn testifies
behalf state
W. F. La Shells, Duluth, Minn. Sworn testifies behalf
state
Victor Isaacson, Duluth, Minn. Sworn testifies behalf state
A.
J. Carson, Duluth, Minn. Sworn testifies behalf state
Fred F. Davis,
Duluth, Minn. Sworn testifies behalf state
J. N. Nystrom, Duluth, Minn.
Sworn testifies behalf state
Court adjourned until 9:30 o’clock A.M.
Friday September 10th, 1920
Attest J. P. Johnson, clerk
By W. R. Wasson, Deputy
Friday September 10th, 1920 [page 25]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R. S.
Lerch, Deputy Sheriff
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in
court
Jurors all present
Byer Olson, Duluth, Minn. Sworn testifies
own behalf
Leonard Hedman, Duluth, Minn. Sworn testifies behalf
defendant
Herbert O’Brien, Duluth, Minn. Sworn testifies behalf
defendant
Edward Harris, Duluth, Minn. Sworn testifies behalf
defendant
Recess until 2 o’clock
Court reconvened at 2
o’clock P.M.
Same officers present
Criminal State of
Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
Defendant present in
court
Jurors all present
Edward Harris, Duluth, Minn. resumed
testimony behalf defendant
William C. Barrett, Duluth, Minn. Sworn
testifies behalf defendant
William W. Forsyth, Duluth, Minn. Sworn
testifies behalf defendant
Mrs. Laura Olson, Duluth, Minn. Sworn testifies
behalf defendant
Mrs. Marie Liston, Duluth, Minn. Sworn testifies behalf
defendant
Henry W. Johnston, Duluth, Minn. Sworn testifies behalf defendant
D. A. Reed, Duluth, Minn. Sworn testifies behalf defendant
P. G. Philips
F. J. Voss
Sam Bailer
Defendant rests
W. F. La Shells
State rests in rebuttal
Evidence closed
States closing argument to the jury
Defendants closing argument to the jury
The court instructs the jury and they retire in charge of sworn officer B. Dunbar to deliberate upon their verdict at 5:11 o’clock P.M. this day
Friday September 10th, 1920 [page
26]
Criminal Defendant present in court
5726 W. E. Greene,
County Attorney present
Benj. M. Goldberg, defendants attorney
present
Now comes the jury in the above entitled action 10:55
o’clock P.M.
and ask further instructions, thereupon the court further instructs the jury
and they retire for further deliberation upon their verdict at 11:15 o’clock
P.M. this day.
Friday September 10th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
Iver
Holmberg, Deputy Clerk
George Brown, Deputy
Clerk
Criminal State of Minnesota
5713 vs.
Leonard
Gustav Hedman
Defendant present in court.
Roll call of jurors, all
present
Court instructs the jury and they retire in charge of a sworn
officer
George Brown to deliberate upon their verdict at 10:16 o’clock
A.M.
Criminal State of Minnesota
5722 vs.
John
Hammerberg
Defendant present in court and duly called for trial upon the
indictment against him. Warren E. Greene, Esq., County Attorney
appearing on behalf of the state. O. J. Larson, Esq. and Geo. B. Sjoselius, Esq. appearing on behalf of the defendant. The following jurors were drawn and selected to try the defendant.
F. F. Bolton Duluth, Minn. challenged implied bias defdt. and
interrogated, submitted, found true, Ex.
R. G. Foote Duluth, Minn. Served on the Rozon case. Ex
M. J. Ness Duluth, Minn. Served on the Stevenson case. Ex
Thos. H. Martin Duluth, Minn. challenged actual bias Defdt, denied,
sworn, interrogated, admitted Ex.
N. J. Bay Duluth, Minn. challenged actual bias Defdt, denied,
sworn, interrogated, admitted Ex.
Recess until 2 o’clock P.M.
Friday September 10th, 1920 [page 27]
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5713 vs.
Leonard Gustav
Hedman
Defendant present in court.
Warren E. Greene, County Attorney
present
O. J. Larson and Geo. B. Sjoselius defendants attorneys
present
Now comes the jury in the above entitled action at 2:16
o’clock
P.M. and ask further instructions. Thereupon the court further instructs
the jury and the retire for further deliberation upon their verdict at 3:00
o’clock P.M.
Criminal State of Minnesota
5722 vs.
John Hammerberg
Defendant present in
court
Selection of Jurors resumed
1 A. Anderson Hibbing, Minn. Sworn
as juror
Ex Harrison Kidd Chisholm, Minn. challenged for court defdt.
Denied, sworn,
interrogated, admitted. Ex
Ex E. E. Fuller Duluth, Minn. Excused by
Counsel
Ex J. J. O’Brien Duluth, Minn. Excused, served on the
Stevenson case.
Ex O. O’Whitney Duluth, Minn. Excused, served on the
Stevenson case.
D1st Mitchell F. Jamar, Jr. Duluth, Minn. Defendants First peremptory challenge
Ex Carl Fierem Culver, Minn. Excused, served on the Rozon case.
S1st James Henderson Duluth, Minn. State’s first peremptory challenge
D2nd N. M. Prindle Duluth, Minn. Defendant’s second peremptory challenge
Ex Emil Schlender Duluth, Minn. Excused, served on the Stevenson case.
D3rdEx L. A. Dawson Hibbing, Minn. Challenge actual bias Defdt. Denied,
sworn, interrogated, submitted, found not true. Defendants third peremptory
challenge.
Criminal State of Minnesota
5713 vs.
Leonard
Gustav Hedman
Defendant present in court.
Warren E. Greene, County
Attorney present
O. J. Larson defendants attorney present
Now comes
the jury in the above entitled action (at 9:55 o’clock
P.M.) and upon roll call all being present, thereupon the court asked the
jury if he could assist them with thereupon the court further instructs the
jury and the retire for further deliberation upon their verdict at 10:10
o’clock P.M.
Friday September 10th, 1920 [page 28]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5719 vs.
Louis Dondino
Defendant present in court
Jurors
all present
J. N. Nystrom, Duluth, Minn. resumes testimony behalf
state
John C. Brown, Duluth, Minn. sworn testifies behalf
state
Oscar Olson, Duluth, Minn. sworn testifies behalf state
State
rests
Defendants opening statement to the court and jury
Dell Hobbs,
Duluth, Minn. sworn testifies behalf defendant
Louis Dondino, Duluth,
Minn. sworn testifies own behalf
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5719 vs.
Louis
Dondino
Defendant present in court
Jurors all present
Louis
Dondino, Duluth, Minn. resumes testimony own behalf
N. C. Gilkey, Duluth,
Minn. sworn testifies behalf defendant
Dell Hobbs, Duluth, Minn. recalled
testifies behalf defendant
J. A. Barnes, Duluth, Minn. sworn testifies
behalf defendant
F. O. Peterson, Duluth, Minn. sworn testifies behalf
defendant
Defendant rests
State rests
Evidence
closed
State’s closing argument to the jury
Defendant’s
closing argument to the jury
The court instructs the jury and they retire
in charge of sworn
officer August Piercing to deliberate upon their verdict at 4:38 o’clock P.M. this day.
Defendant present in court
Now comes the jury in the above entitled action and deliver the following their verdict in open court at
Friday September 10th, 1920 [page
29]
Criminal 5:30 o’clock P.M. this day
5719 State of
Minnesota} District Court
} ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
vs.
Louis Dondino Defendant
We the
jury in the above entitled action find the defendant guilty of
the crime of Riot, as charged in the indictment.
W. B. Dunlop, Foreman
Dated at Duluth, Minn., this 10th day of September 1920
Forty days stay of proceedings
Court adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Saturday September 11th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
A. A. Farrington, Reporter
Iver Holmberg, Deputy Clerk
R. S. Lerch, Deputy
Sheriff
Criminal State of Minnesota
5726 vs.
Byer Olson, indicted under the name of Pat Olson
We the jury in the above entitled action, find the defendant not
guilty.
William Wearne, Forman
Dated at Duluth, Minn. this 11 day of September 1920
Court adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Saturday September 11th, 1920 [page 30]
Court convened at 1:55 o’clock P.M.
Officers present. Hon. Wm. A.
Cant, Foreman
Frank Pelts, Foreman
Mrs. F. H. White, Reporter
George Brown,
Deputy Sheriff
Criminal State of Minnesota
5713 vs.
Leonard Gustav Hedman, indicted under the name of Leonard
Hedman
Defendant present in court.
Now comes the jury in the above
entitled action and deliver the
following their verdict in open court at 1:55 o’clock P.M. this
day
State of Minnesota} District Court
ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
against
Leonard Gustav Hedman, indicted under the name of Leonard Hedman
We the jury in the above entitled action find the defendant not
guilty.
J. A. Braff, Foreman
Dated at Duluth, Minn., this day of September 1920
Court adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Monday September 13th, 1920 [page 31]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R.
S. Lerch, Deputy Sheriff
Criminal State of Minnesota
vs.
John Burr
The defendant present in court and duly called
for trial upon the
indictment against him, Edward L. Boyle, Esq. Second Assistant County
Attorney appearing for the state, Thos. J. Doyle, Esq. and Benj. M.
Goldberg, Esq. appearing for the defendant, the following jurors were
drawn to try the defendant
1 A. J. Bovillard Duluth, Minn. Sworn as
Juror
Ex Millard Hibbard, Duluth, Minn. Challenged implied bias defendant,
denied, sworn, found true, excused
D1 G. R. Hutchinson Duluth, Minn.
Defendants first peremptory challenge
S1 Claud D. Slaughter Duluth, Minn.
States first peremptory challenge
Kirby Jones Duluth, Minn.
F. A.
Kemp Duluth, Minn.
Recess until 1:30 o’clock P.M.
Court
reconvened at 1:30 o’clock P.M.
Same officers
present
Criminal State of Minnesota
vs.
John
Burr
Defendant present in court
Drawing of Jury resumed
D2 Kirby
Jones Duluth, Minn. Challenged actual bias by defendant,
sworn, denied, found not true. Defendants second peremptory
challenge.
D3 F. A. Kemp Duluth, Minn. Challenged actual bias by defendant,
sworn, denied, found not true. Defendants second peremptory
challenge.
Elmer W. McDevitt, Duluth, Minn. sworn testifies behalf
defendant
S2 Chas. E. Eaton Duluth, Minn. States second peremptory
challenge
2 D. J. Harrington Chisholm, Minn. Sworn as Juror
3 Jas. H.
Whelan Duluth, Minn. Sworn as Juror
4 W. A. Field Virginia, Minn. Sworn
as Juror
Ex J. R. Wade Duluth, Minn. sworn, challenged implied bias, state,
found true, excused
Ex M. J. Ness Duluth, Minn. sworn, challenged
implied bias,
defendant, found true, excused
D4 Herbert H. Marston Duluth, Minn. sworn,
challenged actual bias,
defendant, denied. Defendants fourth peremptory challenge
Ex Arthur
Hagan Duluth, Minn. sworn, challenged actual bias, state,
found true, excused
Ex Henry Milnes Duluth, Minn. sworn, challenged
implied bias,
defendant, found true, excused
Ex. E. G. Bush Duluth, Minn. sworn,
challenged implied bias,
defendant, found true, excused
Monday September 13th, 1920 [page
32]
Criminal J. E. Lundmark, Duluth, Minn. sworn, challenged
actual bias by
defendant, denied, found not true
Court adjourned until 9:30 o’clock A.M. Tuesday September 14th, 1920
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Monday September 13th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5722 vs.
John Hammerberg
Defendant present in
court
Jurors all present as selected
D4th G. W. Alexander Duluth,
Minn. challenged actual bias defdts., denied,
sworn, interrogated, submitted, found not true. Defendants 4th
peremptory challenge
S2nd Wm. L. Bernard Duluth, Minn. challenged actual
bias state, denied,
sworn, interrogated, submitted. States 2nd peremptory
challenge
Ex W. E. Sjoselius Duluth, Minn. challenged actual bias state,
denied,
sworn, submitted. Excused by the court.
Ex J. J. O’Brien Duluth, Minn. Excused by court, served on the Stevenson case.
Ex Harry Milnes Duluth, Minn. Excused by court, served on the Stevenson case.
2 R. G. Hutchings Duluth, Minn. Sworn as Juror
3 James Dobie Duluth, Minn. Sworn as Juror
4 Herman Olson Duluth, Minn. Sworn as Juror
Ex George Peterson Duluth, Minn. challenged actual bias state, denied, sworn, interrogated, submitted, found true. Ex.
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers present
Criminal State of Minnesota
5722 vs.
John Hammerberg
Defendant present in
court
Jurors all present as selected
Ex Munro Watkin Minn. challenged
actual bias state, denied, sworn,
interrogated, found true, Ex.
5 George E. Despino Duluth, Minn. Sworn
as Juror
S3rd Adolph Peters. Minn. challenged actual bias state, sworn,
submitted, found not true. State’s 3rd peremptory
challenge
D5th A. E. Prudden Minn. Defendant’s fifth peremptory
challenge
6 F. A. Kerry Duluth, Minn. Sworn as Juror
7 Kirby
Jones Duluth, Minn. Sworn as Juror
8 K. C. Hoxie Duluth, Minn. Sworn as Juror
Monday September 13th, 1920 [page 33]
Criminal
9 W. K. Gill Duluth, Minn. Sworn as Juror
5722
Court adjourned until
9:30 o’clock A.M. Tuesday September 14th, 1920
Attest, J. P. Johnson, Clerk
By Iver Holmberg, Deputy
Monday September 13th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5719 vs.
Carl J. Miller
Defendant present in court and duly
for trial upon the indictment
against him, M. M. Forbes, Esq. First Assistant County Attorney
appearing on behalf of state, John Jeuswold, Esq. appearing on behalf of
the Defendant. The following jurors were drawn and selected to try the
Defendant.
1 George Walzack Duluth, Minn. Sworn as Juror
2 Anton
Slogan Ely, Minn. Sworn as Juror
Ex. W. T. Bray Duluth, Minn. Challenged
actual bias state, denied,
sworn, interrogated, found true, Ex.
D1st G. W. Alexander Duluth, Minn.
Challenged actual bias defdt., denied,
sworn, interrogated, submitted. Defendants first peremptory challenge
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers present
Criminal State of Minnesota
5719 vs.
Carl J. Miller
Defendant present in
court
Jurors all present as selected
3 Harold J. Williams Duluth,
Minn. Sworn as Juror
4 J. J. Driscol Duluth, Minn. Sworn as Juror
Ex Thos. Mapp Duluth, Minn. challenged actual bias, sworn, interrogated, found true, excused
5 Chas. E. Eaton Duluth, Minn. Sworn as Juror
6 Henry F. Heitsch Duluth, Minn. Sworn as Juror
7 Alex Graham Duluth, Minn. Sworn as Juror
S1st Claud D. Slaughter Duluth, Minn. States first peremptory
challenge
Ex Earl W. Kelly Duluth, Minn. Challenged actual bias defdt.,
sworn, interrogated, submitted, found true. Ex
J. J. Kerr Hibbing, Minn. called not examined
Court adjourned
Tuesday September 14th, 1920 [page 37]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R.
S. Lerch, Deputy Sheriff
Criminal State of Minnesota
5707 vs.
John Burr
Defendant present in court
Jurors as
selected all present
Drawing of jury resumed
S3 J. E. Lundmark Duluth,
Minn. Challenged actual bias by the state,
denied, found not true. States third peremptory challenge
5 Benj.
Eeck Duluth, Minn. Sworn Sworn as Juror
6 E. P. Kreimer Duluth,
Minn. Sworn Sworn as Juror
7 Louis Zalk Duluth, Minn. Sworn Sworn as
Juror
8 Mark Baldwin Duluth, Minn. Sworn Sworn as Juror
9 James
Henderson Duluth, Minn. Sworn Sworn as Juror
Ex W. G. Baldwin Duluth,
Minn. Sworn Excused by counsel
Ex Earl W. Kelly Duluth, Minn. Sworn, challenged implied bias by defendant, found true, excused
10 G. W. Alexander Duluth, Minn. Sworn as Juror
Ex Jas. D. Tusch Duluth, Minn. Sworn, challenged actual bias by defendant, admitted, excused
11 W. H. Bayne Duluth, Minn. Sworn as Juror
12 Steve Keating Duluth, Minn. Sworn as Juror
States opening statement to the Jury
Constant Walker, Duluth, Minn. Sworn testifies behalf state
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers present
Criminal State of Minnesota
5707 vs.
John Burr
Defendant present in court
Jurors all
present
Constant Walker, Duluth, Minn. resumes testimony behalf
state
A. J. Carson Duluth, Minn. Sworn testifies behalf state
John
Murphy Duluth, Minn. Sworn testifies behalf state
A. G. Fiskett Duluth,
Minn. Sworn testifies behalf state
Nate Natelson Duluth, Minn. Sworn
testifies behalf state: see
Reporters notes
Oscar Olson Duluth, Minn. Sworn testifies behalf
state
State rests
Defendants opening statement to the jury
Tuesday September 14th, 1920 [page
38]
Criminal John Burr, Duluth, Minn. sworn testifies own
behalf
5707
Court adjourned until 9:30 o’clock A.M. Wednesday
September 14th, 1920
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Tuesday September 14th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5723 vs.
John Carl Alfred Hammerberg
Defendant present in
court
Roll call of Jury as selected all present
Drawing of jury all
present
Ex Jas. D. Tusch Duluth, Minn. Sworn, challenged actual bias by
defendant, admitted by state, excused
10 Louis Majchrzak Duluth, Minn. Sworn as Juror
11 Earl E.
Hanner Duluth, Minn. Sworn as Juror
12 F. B. Cronk Duluth, Minn. Sworn
as Juror
States opening statement to the jury
Fred F. Davis, Duluth,
Minn. Sworn testifies behalf state
Oscar Olson, Duluth, Minn. Sworn
testifies behalf state
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5723 vs.
John Carl Alfred Hammerberg, indicted under the name of John
Hammerberg
Defendant present in court
Roll call of Jury all present
Oscar Olson, Duluth, Minn. resumes testimony behalf state
Herbert J. O’Brien, Duluth, Minn. Sworn testifies behalf state
E. H. Barber, Duluth, Minn. Sworn testifies behalf state
Austin J. Carson, Duluth, Minn. Sworn testifies behalf state
John C. Brown, Duluth, Minn. Sworn testifies behalf state
Court adjourned until 9:30 o’clock A.M., Wednesday September 15th, 1920
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Tuesday September 14th, 1920 [page 39]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5708 vs.
Carl J. Miller
Defendant present in
court
Jurors all present
Drawing of Jury resumed
8 J. J.
Kerr Hibbing, Minn. Sworn Sworn as Juror
S2 W. L. Bernard Duluth, Minn.
Sworn. States second peremptory
Challenge
Ex E. E. Fuller Duluth, Minn. Sworn. Challenged actual bias by
state, denied, found true, excused.
Ex. L. W. Dawson Sworn, challenged
actual bias by
state, found true, excused.
9 W. E. Sjoselius Duluth, Minn. Sworn Sworn
as Juror
Ex Mitchell F. Jamar, Jr. Duluth, Minn. Sworn, challenged actual bias by defendant, found true, excused
10 Adolph Peters Duluth, Minn. Sworn Sworn as Juror
Ex Geo Peterson Duluth, Minn. Sworn, challenged actual bias by state, found true, excused
11 Ed Carlson Sworn Sworn as Juror
12 Arthur LaBeau Sworn Sworn as Juror
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers present
Criminal State of Minnesota
5708 vs.
Carl J. Miller
Defendant present in court
Roll
call of Jury all present
States opening statement to the jury
C. L.
Maxstrom, Duluth, Minn. Sworn testifies behalf state
Nels Setterquist,
Duluth, Minn. Sworn testifies behalf state
Court adjourned until 9:30 o’clock A.M., Wednesday September 15th, 1920
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Wednesday September 15th, 1920 [page 42]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R.
S. Lerch, Deputy Sheriff
Criminal State of Minnesota
5707 vs.
John Burr
Defendant present in court
Jurors all
present
John Burr, Duluth, Minn. resumes testimony own behalf
Dr. M.
R. Zack, Duluth, Minn. Sworn testifies behalf defendant
Fred Arbour,
Duluth, Minn. Sworn testifies behalf defendant
Emil G. Swanstrom, Duluth, Minn. Sworn testifies behalf defendant
R. J. Barber, Duluth, Minn. Sworn testifies behalf defendant
Testimony of Elmer W. McDavitt read in evidence on the part of
the defendant
J. C. Hunter, Duluth, Minn. Sworn testifies behalf defendant
Loney Williams, County Jail. Sworn testifies behalf defendant
Reginald David Graham, Duluth, Minn. Sworn testifies behalf
defendant
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5707 vs.
John
Burr
Defendant present in court
Jurors all present
Defendant
rests
Oscar Olson, Duluth, Minn. Sworn testifies in rebuttal
E. H.
Barber, Duluth, Minn. Sworn testifies in rebuttal
Nate Grays, County Jail.
Sworn testifies in rebuttal
State rests in rebuttal
John Burr,
Duluth, Minn. recalled testifies in sur-rebuttal
Defendant rests in
Sur-rebuttal
State rests
Case closed
States closing arguments
to the jury
Defendants closing argument to the jury
Wednesday September 15th, 1920 [page
43]
Criminal State of Minnesota
vs.
Herman
Haapa
It is ordered that fifty dollars of the one hundred dollar fine
imposed in this case on July 19th, 1920 be remitted, and it is ordered that
the said fifty dollars so remitted be returned to the defendant or his order.
Court adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Wednesday September 15th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5708 vs.
Carl J. Miller
Defendant present in
court
Jurors all present
Nels Setterquist resumed testimony on
behalf of the state
Oscar Olson, Duluth, Minn. sworn testifies on behalf
of the state
Henry Lambert, Duluth, Minn. sworn testifies on behalf of the
state
John C. Brown, Duluth, Minn. sworn testifies on behalf of the
state
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5708 vs.
Carl J.
Miller
Defendant present in court
Jurors all present
John C.
Brown, Duluth, Minn. resumed testimony on behalf of the
state
Jury excused while questions of law are being discussed (see reporters notes)
Carl J. Miller sworn testifies on his own behalf
Gust J. Miller sworn testifies on behalf of the defendant
John C. Brown, Duluth, Minn. recalled testifies on behalf of the state
Defendants object to the statement Etc. (see reporters notes) denied, Jurors return into court.
Statement made by the defendant read to the Jury (see reporters notes)
State rest
Wednesday September 15th, 1920 [page
44]
Criminal H. W. Richardson, Duluth, Minn. sworn testifies on
behalf of the 5708 defendant
Alexander Sang, Duluth, Minn. sworn testifies on behalf of the defendant
M. G Angen, Duluth, Minn. sworn testifies on behalf of the defendant
Carlson, Duluth, Minn. sworn testifies on behalf of the defendant
Emma L. Miller, Duluth, Minn. sworn testifies on behalf of the defendant
Carl J. Miller, Duluth, Minn. sworn testifies on behalf of the
defendant
Court adjourned
Attest, J. P. Johnson, Clerk
By Iver Holmberg, Deputy
Wednesday Sept. 15th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5723 vs.
John Carl Alfred Hammerberg
Defendant present in
court
Roll call of jurors all present
John C. Brown, Duluth, Minn. resumed testimony on behalf of state
Francis McHugh, Duluth, Minn. sworn testifies on behalf of state
State
rest.
William Holm, Duluth, Minn. sworn testifies on behalf of
defendant
John A. Forsman, Duluth, Minn. sworn testifies on behalf of
state
Edward Harris, Duluth, Minn. sworn testifies on behalf of state
John Carl Alfred Hammerberg, Duluth, Minn. sworn testifies in his own
behalf
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5723 vs.
John Carl
Alfred Hammerberg
Defendant present in court
Roll call of jurors all
present
John Carl Alfred Hammerberg, Duluth, Minn. resumed testimony in his own
behalf
Defendant rest. State rest. Evidence closed
State closing
argument
Court adjourned
Attest, J. P. Johnson, Clerk
By Iver Holmberg, Deputy
Thursday September 16th, 1920 [page 45]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
W. R. Wasson, Deputy Clerk
A. A. Farrington, Reporter
R.
S. Lerch, Deputy Sheriff
Criminal State of Minnesota
5707 vs.
John Burr
Defendant present in court
Jurors all
present
The court instructs the jury
The jury retires in charge of
sworn officer Bert Duff at 10:05
o’clock A.M. this day.
Defendant present in court
Now comes the jury in the above entitled action and deliver the
following their verdict in open court at 11:50 o’clock A.M. this day.
State of Minnesota} District Court
} ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
against
John Burr
We the jury in the above entitled action find the defendant not guilty.
Mark Baldwin, Foreman
Dated at Duluth, Minn. this 16 day of September 1920
Court
adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Wednesday Sept. 15th, 1920
Court reconvened at 2 o’clock A.M. Hon. C. A. Nye,
Judge
Officers present Iver Holmberg, Deputy Clerk
J. J.
Cameron, Reporter
M. Boyle, Deputy Sheriff
Criminal State
of Minnesota
5739 vs.
Wallace Joyce
The above named defendant
before the court, the court appointed
R. C. McCullough, Esq. as attorney for the defendant. The defendant was
given time until Friday September 17th to enter a plea.
Thursday September 16th, 1920 [page 46]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Alex S. Hamilton, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5708 vs.
Carl John Miller, indicted under the name of Carl J.
Miller
Defendant present in court
Jurors all present
Carl John
Miller, Duluth, Minn. resumes testimony own behalf
Carl Eklund, Duluth,
Minn. sworn testifies behalf defendant
Nels Pearson, Duluth, Minn. sworn
testifies behalf defendant
Charles Gustafson, Duluth, Minn. sworn
testifies behalf defendant
Ester Miller, Duluth, Minn. sworn testifies
behalf defendant
Defendant rests
John Murphy, Duluth, Minn. sworn
testifies in rebuttal
Jury excused during examination of witness John
Murphy
Jury returns into court
John Murphy, Duluth, Minn. resumes
testimony in rebuttal
P. A. Holmstrom, Duluth, Minn. sworn testifies in
rebuttal
State rests in rebuttal
Defendant rests
Evidence
closed
States closing argument to the jury
Recess until 2
o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5708 vs.
Carl John
Miller
Defendant present in court
Jurors all present
State
resumes closing argument to the jury
Defendants closing argument to the
jury
The court instructs the jury
The jury retires in charge of
sworn officer August Piercing to
deliberate upon the verdict at 4:35 o’clock P.M. this day.
Defendant present in court
Now comes the jury in the above entitled action and deliver the
following their verdict in open court at 4:55 o’clock P.M. this day
Thursday September 16th, 1920 [page 47]
State of Minnesota} District Court
} ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
against
Carl John Miller, indicted under the
name of Carl J. Miller Defendant
We the jury in the above entitled action find the defendant not guilty.
Alexander Graham, Foreman
Dated at Duluth, Minn. this 16 day of September 1920.
Court
adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Thursday September 16th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Frank Pelts, Deputy Clerk
Mrs. F. H. White, Reporter
George
Brown, Deputy Sheriff
Criminal State of Minnesota
5723 vs.
John Carl Alfred Hammerberg, indicted under the name of John Hammerberg
Defendant present in court
Roll call of Jury all present
The court instructs the jury
The jury retires in charge of sworn officer George Brown to deliberate upon their verdict at 2:35 o’clock P.M. this day.
Thursday September 16th, 1920 [page
48]
Criminal Defendant present in court
Now comes the jury
in the above entitled action and ask further
instructions from the court: see reporters notes.
Jury retires for further deliberation at 8 o’clock P.M. after receiving
further instructions from the court.
Defendant present in court
Now comes the jury in the above entitled action and deliver the
following their verdict in open court at 8:35 o’clock P.M. this day.
State of Minnesota} District Court
} ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
against
John Carl Alfred Hammerberg, indicted under the name of John Hammerberg Defendant
We the jury in the above entitled action find the defendant guilty of the crime of riot as charged in the indictment and we find that he is so guilty under and within the provisions of subdivision 1 of section 8794, General Statutes of Minnesota, 1913.
William K. Gill, Foreman
Dated at Duluth, Minnesota, this 16th day of September 1920
Saturday September 18th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. H. A.
Dancer, Judge Presiding
Iver Holmberg, Deputy Clerk
R. S. Lerch, Deputy Sheriff
Criminal State of Minnesota
vs.
Jack Jarvinen
The above named defendant before the court
with counsel M. E.
Louisece, Esq. and duly arraigned upon the indictment against him.
Defendant waived the reading of the indictment and was given a copy
thereof. informs the court that his true name is Jack Jarvinen and enters a
plea of guilty of the crime charged in the indictment. Thereupon the
defendant was brought before the court for sentence and sentenced as
follows. It is the judgment and sentence of the court that you Jack
Jarvinen as punishment for the crime of selling intoxicating liquor to which
you have pleaded guilty, do pay a fine of ($150.00) dollars or be confined
in the county jail for the period not exceeding 90 days.
Fine
paid
Criminal State of Minnesota
vs.
Hilde
Jarvinen
The above entitled action dismissed upon motion of Third
Assistant Attorney S. J. Searles, Esq. on the ground and for the reason of
insufficiency of evidence. It is ordered by the court that the cash bail
posted in the clerk office by the defendant be returned to the defendant.
Monday November 22nd, 1920 [page 89]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. L. S.
Nelson, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5703 vs.
Max Mason
Defendant present in court and duly called
for trial upon the
indictment against him. Warren E. Greene, Esq. County Attorney,
appearing for the state, R. C. McCullough, Esq., F. L. Barnett, Esq. and
Charles W. Scrutchin, Esq. appearing for the defendant, the following
jurors were drawn to try the defendant.
D1 Chas. F McDonald Duluth,
Minn. Sworn Defendants first
peremptory challenge
1 H. H. Peyton Duluth, Minn. Sworn. Sworn as
Juror
2. W. H. Alexander Duluth, Minn. Sworn. Sworn as Juror
Ex Albert
Hirstio Duluth, Minn. Sworn. Excused by consent
3 Arthur P. Barnes Duluth,
Minn. Sworn. Sworn as Juror
4 Fred D. Stowell Duluth, Minn. Sworn. Sworn as
Juror
5 John Williams Duluth, Minn. Sworn. Sworn as Juror
6 Frank X.
Standuhar Duluth, Minn. Sworn. Sworn as Juror
7 Chas. L. Avery Duluth,
Minn. Sworn. Sworn as Juror
8 Richard R. Diechsel Duluth,
Minn. Sworn. Sworn as Juror
9 R. L. Griggs Duluth, Minn. Sworn. Sworn as
Juror
10 Louis Zalk Duluth, Minn. Sworn. Sworn as Juror
11 F. C.
Cerveny Duluth, Minn. Sworn. Sworn as Juror
12 Ernest Goering Duluth,
Minn. Sworn. Sworn as Juror
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5703 vs.
Max
Mason
Defendant present in court
Jurors all present
States
opening statement to the jury
Witnesses for the state and the defendant
excluded form the court
room except the one giving testimony
The public excluded from the court room during the time Irene
Tusken is giving her testimony, by consent
Irene Tusken, Duluth, Minn. sworn testifies behalf state
Tuesday November 23rd, 1920 [page 90]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. L. S.
Nelson, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5703 vs.
Max Mason
Defendant present in court
Roll call
of jury all present
Irene Tusken, Duluth, Minn. resumes testimony behalf
state
James T. Sullivan, Duluth, Minn. sworn testifies behalf
state
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5703 vs.
Max
Mason
Defendant present in court
Jurors all present
James T.
Sullivan, Duluth, Minn. resumes testimony behalf state
P. B. Sullivan,
Duluth, Minn. sworn testifies behalf state
Mrs. Amanda Tusken, Duluth,
Minn. sworn testifies behalf state
John Murphy, Duluth, Minn. sworn testifies behalf state
Wednesday November 24th, 1920 [page 92]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. L. S.
Nelson, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5703 vs.
Max Mason
Defendant present in court
Roll call
of jury all present
A. G. Fiskett, Duluth, Minn. sworn testifies behalf
state
Dr. David Graham, Duluth, Minn. sworn testifies behalf
state
Dr. W. A. Coventry, Duluth, Minn. sworn testifies behalf
state
Dr. M. A. Nickolson, Duluth, Minn. sworn testifies behalf
state
Irene Tusken, Duluth, Minn. recalled testifies behalf
state
State rests
Jury excused from the court room
Defendant
moves the court to dismiss the action
Motion denied
Recess until 2
o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5703 vs.
Max
Mason
Defendant present in court
Jurors all present
Defendants
opening statement to the jury
Louis Hayes, Winchester, Ky. sworn testifies
behalf defendant
Nate Grays, Glasglow, Ky. sworn testifies behalf
defendant
Loney Williams, Chattanooga, Tenn. sworn testifies behalf defendant
Saturday November 27th, 1920 [page 98]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. L. S.
Nelson, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5703 vs.
Max Mason
Defendant present in court
Jurors all
present
The court instructs the jury and they retire in charge of sworn
officer John LaVaque to deliberate upon their verdict at 9:51 o’clock A.M.
this day.
State of Minnesota
vs.
Max Mason
Defendant present in court
Now comes the jury in the above entitled action and upon roll call
all being present and deliver the following their verdict in open court at
3:20 o’clock P.M. this day.
Verdict State of
Minnesota} District Court
5703 } ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
against
Max Mason Defendant
Now the jury
in the above entitled action find the defendant guilty
of the crime of rape as charged in the indictment
Frank X. Standuhar, Foreman
Dated at Duluth, Minn. this 27th day of November 1920
40 days stay
Monday November 29th, 1920 [page 99]
Court convened at 9:30 o’clock A.M.
Officers present. Hon. A. E.
Giddings, Judge Presiding
Iver Holmberg, Deputy Clerk
A. A. Farrington, Court Reporter
M. Boyle, Deputy Sheriff
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court and duly called for trial upon the
indictment against him. Warren E. Greene, Esq. County Attorney
appearing for the state. R. C. McCullough, Esq., W. Scrutchin, Esq., F. L.
Barnett, Esq. appearing for the defendant. The following jurors were
drawn to try the defendant.
1 Emil C. Strauss Virginia, Minn. Sworn as
Juror
2 P. J. Mulholand Hibbing, Minn. Sworn as Juror
X Charles Olson Duluth, Minn. challenged action bias states, admitted, Excused.
3 Benj. Sher Duluth, Minn. Sworn as Juror
4 Paul C. Filbert Duluth, Minn. Sworn as Juror
5 C. F. Graff Duluth, Minn. Sworn as Juror
6 Geo Sternal Duluth, Minn. Sworn as Juror
7 Harold Wold Duluth, Minn. Sworn as Juror
8 J. G. Luxford Duluth, Minn. Sworn as Juror
D1st Henry Gruno Duluth, Minn. Defendants first peremptory challenge
9 J. W. Lent Duluth, Minn. Sworn as Juror
D2nd Eugene Fiskett Duluth, Minn. Defendants 2nd peremptory challenge
S1st John F. Jeren Alborn, Minn. States first peremptory challenge
10 Eben S. Spencer Duluth, Minn. Sworn as Juror
11 John E. MacGregor Duluth, Minn. Sworn as Juror
D3rd J. G. Thompson Duluth, Minn. Defendants third peremptory challenge
12 J. C. Fisher Duluth, Minn. Sworn as Juror
States opening statement to the jury
Recess until 2 o’clock
P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court, jurors all present
It is ordered by the court that the public be excluded from the court room during time Irene Tusken and Amanda Tusken give their testimony, and it is also ordered the witnesses for the state and the defendant be excluded form court room except the one giving testimony.
Irene Tusken, Duluth, Minn. sworn testifies behalf of state
Monday November 29th, 1920 [page
100]
Criminal James T. Sullivan, Duluth, Minn. sworn testifies
behalf of state
5697 P. B. Sullivan, Duluth, Minn. sworn testifies behalf
of state
Court adjourned
Attest, J. P. Johnson, Clerk
By Iver Holmberg, Deputy
Tuesday November 30th, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. A. E.
Giddings, Judge Presiding
Iver Holmberg, Deputy Clerk
A. A. Farrington, Court Reporter
M. Boyle, Deputy Sheriff
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court, jurors all present
W. E. Tusken, Duluth, Minn. sworn testifies on behalf of state
Amanda Tusken, Duluth, Minn. sworn testifies on behalf of state
John Murphy, Duluth, Minn. sworn testifies behalf on of state
Frank Schulte, Duluth, Minn. sworn testifies behalf on of state
Dr. David Graham, Duluth, Minn. sworn testifies on behalf of state
George P. Stillman, Duluth, Minn. sworn testifies on behalf of state
Dr.
W. A. Coventry taken at the trial of State of Minn. vs. Max Mason
Dr. M. A. Nickolson, Duluth, Minn. sworn testifies on behalf of
state
State rest
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court, jurors all present
Defendant outlines its
case to the jury
John Murphy, Duluth, Minn. recalled testifies for the
defendant
Louis M. Hayes, Winchester, Ky. sworn testifies on behalf of the
defendant
Nat Grays, Glasglow, Ky. sworn testifies on behalf of the
defendant
Dr. David Graham, Duluth, Minn. sworn testifies behalf of the
defendant
William Miller sworn testifies in his own behalf
Edward A. Stevens, Duluth, Minn. sworn testifies behalf of the state
Max Mason, Decatur, Ala. sworn testifies on behalf of the state
Tuesday November 30th, 1920 [page
101]
Criminal Defendant rest
5697 Warren E. Green, Duluth,
Minn. sworn testifies for state in rebuttal
Court adjourned
Attest, J. P. Johnson, Clerk
By Iver Holmberg, Deputy
Wednesday December 1st, 1920
Court convened at 9:30 o’clock A.M.
Officers present. Hon. A. E.
Giddings, Judge Presiding
Iver Holmberg, Deputy Clerk
A. A. Farrington, Court Reporter
M. Boyle, Deputy Sheriff
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court
Jurors all present
Dr. S. H. Boyer, Duluth, Minn. sworn testifies behalf of state in rebuttal
Dr. A. L. McDonald, Duluth, Minn. sworn testifies behalf of state in
rebuttal
State rest in rebuttal, evidence closed
States closing
argument to the jury
Defendants closing argument to the jury
Recess until 2 o’clock P.M.
Court reconvened at 2 o’clock P.M.
Same officers
present
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court
Jurors all present
Court instruct the jury and they retire in charge of a sworn officer George Brown to deliberate upon their verdict at 2:44 o’clock P.M.
Wednesday December 1st, 1920 [page
102]
Criminal State of Minnesota
5697 vs.
William Miller
Defendant present in court with counsel F. L. Barnett, Esq. and R. C. McCullough, Esq.
Now comes the jury in the above entitled action and upon roll call all being
present and deliver the following verdict in open court at 9:40 o’clock
P.M. this day
State of Minnesota} District Court
} ss
County of St.
Louis} Eleventh Judicial District
State of Minnesota
against
William Miller Defendant
We the
jury in the above entitled action find the defendant not
guilty.
John E. MacGregor, Foreman
Dated at Duluth, Minn. this 1st day of December 1920
It is ordered by the court that the defendant be released from custody.
Certificate of release issued and delivered to the Sheriff
Wednesday December 1st, 1920 [page 103]
Court convened at 1:30 o’clock P.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
W. R. Wasson, Deputy Clerk
Mrs. F. H. White, Reporter
Geo. P.
Stillman, Reporter
John LaVaque, Deputy Sheriff
Criminal State of Minnesota
5720 vs.
Edward Duane Goneau, indicted under the name of Ed
Goneau
Dismissed on motion of Mason M. Forbes, Esq. Assistant County
Attorney on the ground and for the reason that the defendant has pleaded
guilty and been sentenced to Minnesota State Reformatory for another
crime.
Criminal State of Minnesota
vs.
Jerome A. Graham
An indictment charging the above named defendant with the crime of Grand Larceny in the first degree was duly returned into this court on the 7th day of May 1920 by the Grand Jury which was in session at that time and a bench warrant having been issued and delivered to the Sheriff on the 8th day of May 1920.
Defendant is present in court and duly arraigned, the defendant waives the reading of the indictment and was given a copy thereof, defendant informs the court that his true name is Jerome A. Graham and that McCoy and Hansen are his attorneys.
Defendant enters a plea of not guilty
Criminal State of
Minnesota
5774 vs.
Willard Conklin
Defendant before the court for sentence and sentenced as follows:
It is the judgment and sentence of the court that you, Willard Conklin, as a punishment for the crime of Carnal Knowledge of a Female Child under the age of eighteen years, to which you have entered a plea of guilty be taken by the Sheriff of this county to the Minnesota State Reformatory at St. Cloud in this state and there confined subject to the rules and regulations of that institution and the laws of this state, such confinement not to exceed the term of one year.
Thursday December 2nd, 1920 [page 105]
Court convened at 11:00 o’clock A.M.
Officers present. Hon. L. S.
Nelson, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H. LaVaque, Deputy Sheriff
Criminal State of Minnesota
5703 vs.
Max Mason
Defendant before the court for sentence and being first duly sworn was interrogated as required by law and sentenced as follows:
It is the judgment and sentence of the court that you, Max Mason, as punishment for the crime of Rape, of which you have been duly convicted, be taken by the sheriff of this county to the state prison at Stillwater in this state and there be confined at hard labor subject to the laws of this state.
Thursday December 2nd, 1920
Court convened at 1:35 o’clock P.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H.
LaVaque, Deputy Sheriff
Criminal State of Minnesota
vs.
William Broman
The above named defendant having been charged with the crime of Receiving Stolen Property in the municipal court of the city of Duluth, St. Louis County, Minnesota and having been bound over at the preliminary hearing on said charge by the said municipal court to await the action of the next Grand Jury of the district court in and for the county of St. Louis and state of Minnesota and having made written application to the said district court to be allowed to enter a plea of guilty of said crime.
It was ordered that Mason M. Forbes, esq. First Assistant County Attorney of said county file an information accusing the above named defendant of said crime.
Friday December 3rd, 1920 [page 110]
Court convened
Officers present: Hon. Wm. A. Cant, Judge Presiding
W. R. Wasson, Deputy Clerk
F. E. Resche, Probation
Officer
Criminal State of Minnesota
5754 vs.
Alva D.
Gile
It is ordered that an attachment issue for the above named defendant.
Attachment issued and delivered to F. E. Resche, probation
officer.
Court adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Saturday December 4th, 1920
Court convened
Officers present: Hon. Bert Fisher, Judge Presiding
W. R. Wasson, Deputy Clerk
F. E. Resche, Probation
Officer
Criminal State of Minnesota
5777 vs.
Lowell
Hegg
It is ordered that an attachment issue for the above named defendant.
Attachment issued and delivered to F. E. Resche, probation
officer.
Criminal State of Minnesota
5720 vs.
Edward
Duane Goneau, indicted under the name of Ed Goneau
It is ordered that the bond in the above entitled action be released and the
bondsman be discharged from further liability thereon.
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Wednesday December 15th, 1920 [page 120]
Criminal the next grand jury of the district court in and for the county of St. Louis and State of Minnesota and having mad written application to the said district court to be allowed to enter a plea of guilty of said crime.
It was ordered that Mason M. Forbes, Esq. First Assistant County Attorney of said county file an information accusing the above named defendant of said crime.
Pursuant to such order of the court the First Assistant County Attorney Mason M. Forbes, Esq. filed an information charging the above named defendant Joe Wasser with the crime of grand larceny in the first degree and now on this 15th day of December 1920 the above named defendant appeared before the court attended by Thomas J. Joyce, Esq. who was heretofore retained by the defendant as his attorney, was duly arraigned upon the information filed against him, informed that court that his true name is Joseph Albert Wasser and enters a plea of guilty of the crime of grand larceny in the first degree.
Continued until 1:00 o’clock P.M. December 16th
1920
Criminal State of Minnesota
5698 vs.
Clarence
Green
R. C. McCullough, Esq. appearing for the defendant
Dismissed on motion of county attorney, Warren E. Greene, Esq. on the ground and for the reason that the evidence available is insufficient to secure or warrant a conviction.
Criminal State of Minnesota
5699 vs.
Frank
Spicer
R. C. McCullough, Esq. appearing for the defendant
Dismissed on motion of county attorney, Warren E. Greene, Esq. on the ground and for the reason that the evidence available is insufficient to secure or warrant a conviction.
Criminal State of Minnesota
5700 vs.
Louis Benjamin
Hayes, indicted under the name of Louis Hayes
R. C. McCullough, Esq.
appearing for the defendant
Dismissed on motion of county attorney, Warren E. Greene, Esq. on the ground and for the reason that the evidence available is insufficient to secure or warrant a conviction.
Wednesday December 15th, 1920 [page
121]
Criminal State of Minnesota
5701 vs.
Nate
Gray
R. C. McCullough, Esq. appearing for the defendant
Dismissed on motion of county attorney, Warren E. Greene, Esq. on the ground and for the reason that the evidence available is insufficient to secure or warrant a conviction.
Criminal State of Minnesota
5702 vs.
Loney
Williams
R. C. McCullough, Esq. appearing for the defendant
Dismissed on motion of county attorney, Warren E. Greene, Esq. on the ground and for the reason that the evidence available is insufficient to secure or warrant a conviction.
Thursday December 16th, 1920 [page
123]
Criminal filed against him, entered a plea of guilty of the
crime of Carnal
5784 Knowledge of a female child.
Continued for
sentence until the further orders of the court.
It is ordered that the bond in the above entitled action be released and the bondsman be discharged from further liability thereon.
Criminal State of Minnesota
5781 vs.
August Wittich
Defendant present in court and enters a plea of guilty to a violation of the Illegitimate Child Act.
It is ordered that judgment be prepared and entered in accordance with the statutes.
It is ordered that the bond in the above entitled action be released and the bondsman be discharged from further liability thereon.
Criminal State of Minnesota
5698 vs.
Clarence Green
Defendant ordered released from the custody of the Sheriff.
Certificate of discharge issued and delivered to the Sheriff.
Criminal State of Minnesota
5699 vs.
Frank Spicer
Defendant ordered released from the custody of the Sheriff.
Certificate of discharge issued and delivered to the Sheriff.
Criminal State of Minnesota
5700 vs.
Louis Benjamin Hayes, indicted under the name of Louis Hayes.
Defendant ordered released from the custody of the Sheriff.
Certificate of discharge issued and delivered to the Sheriff.
Criminal State of Minnesota
5701 vs.
Nate Gray
Defendant ordered released from the custody of the Sheriff.
Certificate of discharge issued and delivered to the Sheriff.
Thursday December 16th, 1920 [page 124]
Criminal State of Minnesota
5702 vs.
Loney Williams
Defendant ordered released from the custody of the Sheriff.
Certificate of discharge issued and delivered to the Sheriff.
Court adjourned
Attest, J. P. Johnson, Clerk
By W. R. Wasson, Deputy
Friday December 17th, 1920
Court convened at 10:45 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
W. R. Wasson, Deputy Clerk
Geo. P. Stillman, Reporter
John H.
LaVaque, Deputy Sheriff
Criminal State of Minnesota
5755 vs.
F. S. Torrence
The above named defendant before the court, with counsel John Skadberg, Esq. Spencer J. Searls, Esq., Third Assistant County Attorney appearing on behalf of the state. Defendant withdraws his former plea of not guilty and enters a plea of guilty.
Thereupon the defendant was brought before the court being first duly sworn, was interrogated as required by law.
Case continued for sentence until Saturday December 18th 1920 at 2 o’clock P.M.
Criminal State of Minnesota
5786 vs.
Leslie Gross
The above named defendant having been charged with the crime of Grand Larceny in the second degree in the municipal court of the city of Duluth, St. Louis county, Minnesota and having been bound over at the preliminary hearing on said charge by the said municipal court to await the action of the next Grand Jury of the district court in and for the county of St. Louis and state of Minnesota and having made written application to the said district court to be allowed to enter a plea of guilty of said crime.
It was ordered that Mason M. Forbes, Esq. First Assistant District County Attorney of said county file an information accusing the above named defendant of said crime.
Pursuant to such order of the court the First Assistant District County Attorney, Mason M. Forbes, Esq. filed an information charging the above named defendant with the crime of Grand Larceny in the second degree and now on this 17th day of December 1920 the above named defendant appeared before the court attended by N. H. Nelson, Esq. who was
Saturday December 18th, 1920 [page 126]
Court convened at 11 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
W. R. Wasson, Deputy Clerk
Criminal State of Minnesota
5780 vs.
Henry Peters
The above entitled matter having been continued from Thursday December 9th 1920 for further hearing.
Defendant not being present in person, but represented by W. H. Gurnce, Esq. his attorney. Spencer J. Searls, Esq. Third Assistant County Attorney appearing on behalf of the state.
It is ordered by the court that the case be continued for one year, or until
further order by the court.
Saturday December 18th, 1920
Court convened at 11:45 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Iver Holmberg, Deputy Clerk
Mrs. F. H. White, Reporter
R. S.
Lerch, Deputy Sheriff
Criminal State of Minnesota
5723 vs.
Carl John Alfred Hammerberg
The above named defendant before the court for sentence. O. J. Larson, Esq. appearing on behalf of defendant, Warren E. Greene, Esq. County Attorney appearing on behalf of state
Thereupon the defendant was brought before the court, and being first duly sworn was interrogated as required by law and sentenced as follows:
It is the judgment and sentence of the court that you, Carl John Alfred Hammerberg, as a punishment for the crime of instigating a riot, of which you have been duly convicted, be taken by the sheriff of this county to the Minnesota State Reformatory at St. Cloud in this state, and that you be there confined subject to the rules and regulation of that institution and the laws of this state.
Saturday January 22nd, 1921 [page 145]
Court convened at 11:00 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
W. R. Wasson, Deputy Clerk
Iver Holmberg, Deputy Clerk
George P. Stillman, Reporter
R.
S. Lerch, Deputy Sheriff
Criminal State of Minnesota
5734 vs.
Gilbert Henry Stephenson
The above named defendant before the court for sentence and being first duly sworn was interrogated as required by law and sentenced as follows:
It is the judgment and sentence of the court that you, Gilbert Henry Stephenson, as a punishment for the crime of riot, of which you have been duly convicted, be taken by the sheriff of this county to the Minnesota State Prison at Stillwater in this state, and that you be there confined subject to the laws of this state.
Friday January 28th, 1921 [page 149]
Court convened at 10:30 o’clock A.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Iver Holmberg, Deputy
Clerk
Criminal State of Minnesota
5719 vs.
Louis
Dondino
Upon motion of the defendant’s attorneys, B. M. Goldberg and Jesse L.
Cohen, Esq. it is ordered by the court that an additional stay of 40 days be
granted.
Court adjourned
Attest, J. P. Johnson, Clerk
By Iver Holmberg, Deputy
Monday January 31st, 1921
Court convened at 9:30 o’clock A.M.
Officers present. Hon. Wm. A.
Cant, Judge Presiding
Iver Holmberg, Deputy Clerk
R. S. Lerch,
Deputy Sheriff
Criminal State of Minnesota
vs.
B. L.
Roberts
An indictment charging the above named defendant with the crime of manslaughter in the second degree was duly returned into this court on the 10th day of January 1921 by the Grand Jury which was in session at that time and a bench warrant having been issued and delivered to the Sheriff on the 10th day of January 1921.
And no come the Sheriff with bench warrant and the body of the defendant, defendant before the court and duly arraigned. Defendant waives the reading of the indictment and was given a copy thereof. Defendant informs the court that his true name is Brainard L. Roberts, and it is ordered that all future proceeding against the above named defendant be continued under the name of Brainard L. Roberts. Defendant informs the court that he will procure counsel.
Defendant enters a plea of not guilty
Friday February 4th, 1921 [page 152]
Court convened at 3:30 o’clock P.M.
Officers present. Hon. Bert
Fisher, Judge Presiding
Iver Holmberg, Deputy Clerk
George P.
Stillman, Reporter
John H. LaVaque, Deputy
Sheriff
Criminal State of Minnesota
5719 vs.
Louis
Dondino
The above named defendant present in court for sentence. Jesse L. Cohen, Esq. appearing on behalf of the defendant. Mason M. Forbes, Esq. First Assistant County Attorney appearing on behalf of the state.
Thereupon the defendant was brought before the court for sentence and being duly sworn was interrogated as required by law and sentenced as follows.
It is the judgment and sentence of the court that you, Louis Dondino, as
punishment for the crime of Riot, of which you have been duly convicted, be
taken by the sheriff of this county to the Minnesota State Prison at Stillwater,
in this state, and there confined at hard labor subject to the laws of this
state.
Criminal State of Minnesota
5719 vs.
John
Kujala, Mike Inkinen, Swan Luikkonen and Victor Luikkonen
An indictment charging the above named defendants with the crime of Robbery in the fist degree was duly returned into this court on the 7th day of January 1921 by the Grand Jury which was in session at that time and bench warrants having been issued and delivered to the sheriff on the 11th day of January 1921, now comes the sheriff with bench warrant and body of defendant Victor Luikkonen.
Defendant Victory Luikkonen present in court and duly arraigned, defendant waives the reading of the indictment and was given a copy thereof, defendant informs the court that his true name is Victory Luikkonen and that Victor Gran is his attorney.
Defendant Victor Luikkonen enters a plea of not
guilty.
Criminal State of Minnesota
vs.
James
Monahan
An indictment charging the above named defendant with the crime of Desertion of wife while pregnant was