June-September 1920. Selected pages 438-499.

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Location: Saint Louis County; Minnesota; United States

Document date: 06/22/1920

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Minnesota. District Court (Saint Louis County) Criminal Journals May 1918 – September 1920. Selected pages 438-499, June-September 1920.

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June-September 1920. Selected pages 438-499.--Gov't Record(s)--Criminal Journal (gif)

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Wednesday June 23^rd, 1920

Court convened
Officers present: Hon. Wm. A. Cant, Justice presiding
J. S. Moody, Deputy Clerk

Now comes the grand jury and a quorum being present the foreman presents to the Court the following indictments.

Criminal State of Minnesota
5675 vs.
Leonard Hedman
Murder in the first degree

Criminal State of Minnesota
5676 vs.
Nate Natelson
Murder in the first degree

Criminal State of Minnesota
5677 vs.
John Burr
Murder in the first degree

The grand jury having further business to come before them, they retire to the grand jury.

Saturday June 26^th, 1920

Court convened

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
5675 vs.
Leonard Hedman
Defendant present in Court and duly arraigned, the defendant

waived the reading of the indictment and was given a copy thereof,

defendant informs the Court that his true name is Leonard Gustav

Hedman, and it was ordered that all future proceedings against the above

named defendant be continued under that name, Fryberger, Fulton and

Spear, appear as attorneys for defendant
Defendant enters a plea of not guilty
Bail is fixed in the sum of fifteen thousand dollars

Criminal State of Minnesota
5676 vs.
Nate Natelson
Defendant present in Court and duly arraigned, the defendant

waived the reading of the indictment and was given a copy thereof,

defendant informs the Court that his true name is Nate Natelson and that

Benj. M. Goldberg, Esq. is his attorney
Defendant enters a plea of not guilty
Bail is fixed in the sum of fifteen thousand dollars

Criminal State of Minnesota
5677 vs.
John Burr
Defendant present in Court and duly arraigned, the defendant

waived the reading of the indictment and was given a copy thereof,

defendant informs the Court that his true name is John Burr and that

Thomas J. Doyle, Esq. is his attorney
Defendant enters a plea of not guilty

Bail is fixed in the sum of fifteen thousand dollars

Tuesday Jun 29^th, 1920

Court convened at 5:05 o’clock P.M.
Officers present: Hon. Wm. A. Cant, Judge presiding
W. R. Wasson, Deputy clerk

Now comes the grand jury and upon roll call a quorum being

present the foreman presents to the Court, the following indictments.

Criminal State of Minnesota
vs.
Arthur Mattson
Murder in the first degree

Criminal State of Minnesota
vs.
Elmer F. Johnson
Murder in the first degree

Criminal State of Minnesota
vs.
William Rozon
Murder in the first degree

The grand jury having further business to come before them, they

retire to the grand jury room.

Court adjourned

Attest J. P. Johnson, Clerk

By W. R. Wasson, Deputy

Thursday July 1, 1920

Court convened at 5:05 o’clock P.M.
Officers present: Hon. Wm. A. Cant, Judge presiding
W. R. Wasson, Deputy clerk
Mrs. F. H. White, Reporter
R. S. Lerch, Deputy sheriff

Now comes the grand jury and upon roll call a quorum being

present, the foreman presents to the Court, the following indictments.

Criminal State of Minnesota
vs.
Louis Dondino
Murder in the first degree

Criminal State of Minnesota
vs.
John Hammerberg
Murder in the first degree

Criminal State of Minnesota
vs.
William Hughes
Murder in the first degree

Criminal State of Minnesota
vs.
Walter McMillan
Murder in the first degree

Criminal State of Minnesota
vs.
Arthur Pelcher
Murder in the first degree

The grand jury having further business to come before them, they

retire to the grand jury room.

Court adjourned

Attest J. P. Johnson, Clerk

By W. R. Wasson, Deputy

Tuesday July 6^th, 1920

At 2 p.m. Court reconvened with same officers present.

Criminal State of Minnesota
vs.
Elmer J. Johnson
An indictment charging the above named defendant with the crime

of Murder in the first degree was duly returned into the Court on the 29^th

day of June 1920 by the Grand Jury which was in session at that time.

Defendant present in Court and duly arraigned. Defendant waives reading

of indictment and is given a copy thereof. Defendant informs the Court

that his true name is Elmer Julius Johnson; it is ordered that all forth

proceedings against said defendant be had under the name of Elmer

Julius Johnson; Defendant informs the Court that Fryberger, Fulton and

Hoshoer, Esqs. are his attorneys.

Defendant waives statutory time to plead and enters a plea that he is not

guilty; Bail fixed in the sum of $15,000.00

Virginia State of Minnesota
154-6 vs.
Criminal SH Forsberg and BH Hayes
Defendant SH Forsberg present in Court with counsel.
Roll call of jury as selected, all present.
5 Daumel Stein, Duluth, Minn. sworn as juror

D2 Joseph M. Pierce, Duluth, Minn. Defendant exercises second peremptory challenge

6 H. H. Beckwith, Duluth, Minn. sworn as juror

7 Albine Moline, Duluth, Minn. sworn as juror

D2 John Johnson, Duluth, Minn. state exercises second peremptory challenge

D3 S. J. Droove [?],Duluth, Minn. Defendant exercises third peremptory challenge

8 Ben Clausen, Twig, Minn. sworn as juror

9 Edward Barnhardt, Duluth, Minn. sworn as juror

10 James R. Grady, RFD No. 2, Duluth, Minn. sworn as juror

11 Jean Aoas, Duluth, Minn. sworn as juror

D4 David Dang, Duluth, Minn. Defendant exercises fourth peremptory challenge

D3 John Alstadt, Duluth, Minn. state exercises third peremptory challenge

D5 W. R. Peyton, Duluth, Minn. Defendant exercises fifth peremptory challenge

12 R. S. Marshall, Duluth, Minn. sworn in as juror

State presents the indictment to the jury

Court adjourned until 9:30 am Wednesday July 1920

J. P. Johnson, Clerk

By W. R. Wasson, Deputy

Thursday July 8^th, 1920

Cnl day of November A. Digvox [?] that said defendant is to report at certain

5654 intervals to F. D. Rusche, probation officer said county

It is ordered that said defendant be released from custody without bail; and it is forth ordered that the cash bail heretofore deposited on behalf of said defendant be returned to the party entitle therein.

Virginia State of Minnesota
1546 vs.
Criminal S.H. Forsberg and B.H. Hayes
The above defendant Forsberg present in court with counsel.
Roll call of jury, all present.
Edwin J. Fornquist recalled behalf of State and testifies.
Josephine McCombs recalled behalf of State and testifies.
Theron A. Avery, Hibbing, Minn. sworn behalf of state and testifies.
George H. Vivian, Duluth, Minn. sworn behalf of state and testifies.
Percy Webster, Hibbing, Minn. sworn behalf of state and testifies.
Edgar Sweetman, Duluth, Minn. sworn behalf of state and testifies.
Fred McCombs, Hibbing, Minn. sworn behalf of state and testifies.
Josephine McCombs, recalled behalf of state and testifies.

State of Minnesota
vs.
Walter McMillan
An indictment charging the above named defendant with the crime

of murder in the first degree was duly returned into this Court on the First

day of July AD 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 2^nd day of July AD 1920. Now comes the Sheriff with Bench Warrant

and body of defendant.
Defendant present in Court and duly arraigned. Defendant waives

reading of the indictment and he is given a copy thereof. Defendant

informs the Court that his true name is Walter Hugh McMillan. Ordered

that all further proceedings against the said defendant be had under the

name of Walter Hugh McMillan. Defendant waives statutory time to plead

and enters a plea that he is not guilty of the crime charged in the

indictment. Defendant informs the Court that James A. Wharton, Esq. is

his counsel. Bail fixed in the sum of $15,000.00.

Thursday July 8^th, 1920

State of Minnesota
vs.
Arthur Pelcher
An indictment charging the above named defendant with the crime

of Murder in the First Degree was duly returned into this Court on the 29^th

day of June AD 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 30^th day of June AD 1920. Now comes the Sheriff with Bench Warrant

and boy of defendant. Defendant present in Court and duly arraigned.

Defendant waives reading of indictment and is given a copy thereof.

Defendant informs the Court that his true name is Arthur Edward Pelcher.

It is ordered that all further proceedings against the dais defendant be

had under the name of Arthur Edward Pelcher. Defendant waives

statutory time to plead and enters a plea that he is not guilty of the crime

charged in the indictment. Defendant informs the Court that James A.

Wharton, Esq. is his counsel. Bail fixed in the sum of $15,000.00

Court adjourned until 9:30 o’clock am Friday July 9^th 1920.

J. P. Johnson, Clerk

By M. G. Holloway, Deputy

Friday July 9, 1920

Court Convened at 9:30 am
Officers present,
Hon. Wm. A. Cant, Judge presiding, Residence Duluth, Minnesota.
M. G. Holloway, Deputy Clerk.
Mrs. F. H. White, Reporter.
Roger S. Lerch, Deputy Sheriff

Virginia State of Minnesota
1546 vs.
Criminal S. H. Forsberg and B. H. Hayes
Defendant Forsberg present in Court with counsel.
Roll Call of Jury, all present
State rests.

Defendant Forsberg moves the Court for a dismissal of the indictment; motion denied.
Defendant Forsberg rests
Case closed.
State argues before the jury.
Defendant argues before the jury.

Recess until 2 pm; at 2 pm case reconvened with some officers present. Defendant Forsberg present in court; Roll Call of jury, all present.
Court instructs the jury.
Officer Danbor sworn and jury retire to deliberate upon their verdict

It is ordered that Victor E. Eisling, Esq., be paid $40.00 for services as counsel on behalf of defendant Forsberg, having heretofore been appointed by the Court (Freemant [?])

State of Minnesota

vs.

Arthur Mattson

An indictment charging the above named defendant with the crime of Murder in the First Degree was duly returned into this Court on the 29^th day of June AD 1920 by the Grand Jury which was in session at that time.

Defendant present in Court with counsel, George B. Sjoselius Esq., and is duly arraigned. Defendant waives the reading of the indictment and is given a copy thereof. Defendant informs the Court that his true name is Arthur Howard Mattson; it is ordered that all further proceeding had against said defendant be under the name of Arthur Howard Mattson. Defendant waives statutory time to plead and enters a plea that he is not guilty of the crime charged in the indictment. Defendant informs the Court that George B. Sjoselius Esq. is his counsel. Bail fixed at $15,00.00

Friday July 9^th, 1920

State of Minnesota
vs.
Louis Dondino
An indictment charging the above named defendant with the crime

of Murder in the First Degree was duly returned into this Court on the 30^th

of June by the Grand Jury which was in session at that time.
Defendant present in Court with counsel, E. J. Kerney, Esq. and duly

arraigned; Defendant waives reading of the indictment and is given a

copy thereof. Defendant informs the Court that his true name is Louis

Dondino. Defendant waiving statutory time to plead and enters a plea that

he is not guilty of the crime charged in the indictment. Defendant informs

the Court that E. J. Kerney is his counsel. Bail fixed in the sum of

$15,000.00.

Saturday July 10^th, 1920

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

State of Minnesota
vs.
S. H. Forsberg and B. H. Hayes
Defendant present in Court
Defendant’s counsel not present
Warren E. Greene, Esq., County Attorney present
Now comes the jury in the above entitled action and report that

they are unable to agree and ask for further instructions, thereupon the

Court further instructs the jury and they retire for further deliberation upon

their verdict.
Defendant present in Court
Now comes the jury in the above entitled action and deliver the

following their verdict in open court at 11:00 o’clock A.M., this day.

Saturday July 10^th, 1920

State of Minnesota District Court
SS Eleventh Judicial District
County of St. Louis

State of Minnesota
Against
S. H. Forsberg and B. H. Hayes Defendants
We, the jury in the above entitled action, find the defendant S. H.

Forsberg guilty of the crime of Forgery in the Second Degree as charged

in the indictment and recommend the leniency of the Court

R. D. Marshall, Foreman

Dated at Duluth, Minn., this Tenth day of July 1920.

Defendant remanded to the custody of the Sheriff.

Criminal State of Minnesota
vs.
William Hughes
Defendant 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 William Hughes and

that A. E. McManus, Esq. is his attorney.
Defendant enters a plea of not guilty.
Bail is fixed at the sum of fifteen thousand dollars.

Court adjourned.

Attest J. P. Johnson, Clerk

By W. R. Wasson, Deputy

Tuesday July 13^th, 1920

Court convened
Officers present: Hon. Wm. A. Cant, Judge presiding
W. R. Wasson, Deputy Clerk
J. J. Cameron, Reporter
R. S. Lerch, Deputy Sheriff

Now comes the special Grand Jury and upon roll call a quorum

being present the foreman presents to the Court the following indictments

and a special report

Criminal State of Minnesota
vs.
George Morgan
Instigating a Riot

Criminal State of Minnesota
vs.
Louis Dondino
Instigating a Riot

Criminal State of Minnesota
vs.
Lawrence Brotherton
Instigating a Riot

Criminal State of Minnesota
vs.
Leonard Hedman
Instigating a Riot

The grand jury having further business to come before them, they

retire to the grand jury room.

Tuesday July 13^th, 1920

Court convened
Officers present: Hon. H. A. Dancer, Judge presiding
W. R. Wasson, Deputy Clerk

Criminal State of Minnesota
5455 vs.

William Immonen, indicted under the name of William Johnson alias William Immonen and Oscar Kauppi
Dismissed on motion of First Assistant County Attorney, Mason M.

Forbes, Esq. on the ground that the evidence available is insufficient to

sustain a conviction.

Defendants ordered released from custody.

Certificates of discharge issued and delivered to the Sheriff.

Court adjourned

Attest J. P. Johnson, Clerk

By W. R. Wasson, Deputy

Wednesday July 14^th, 1920

Court convened at 8:55 P.M.
Officers present: Hon. H.A. Dancer, Judge
W. R. Wasson, deputy Sheriff

Now comes the special grand jury and upon roll call a quorum

being present the foreman presents to the Court the following

indictments.

Criminal State of Minnesota
vs.
Lawrence Brotherton
Riot

Criminal State of Minnesota
vs.
John Burr
Riot

Criminal State of Minnesota
vs.
Louis Dondino

Riot

Wednesday July 14^th, 1920

Criminal State of Minnesota
vs.
John Hammerberg
Instigating a Riot

Criminal State of Minnesota
vs.
John Hammerberg
Riot

Criminal State of Minnesota
vs.
Leonard Hedman
Riot

Criminal State of Minnesota
vs.
William McGilligett
Riot

Criminal State of Minnesota
vs.
Walter McMillan
Riot

Criminal State of Minnesota
vs.
Nate Natelson
Riot

Criminal State of Minnesota
vs.
Arthur Pelcher
Riot

The grand jury having further business to come before them, the

foreman reports to the Court that the grand jury had adjourned until 9:30

o’clock AM Monday, July 19^th, 1920. The grand jury retires, juror J. W.

McCabe excused subject to call.

Court adjourned

Attest J. P. Johnson, Clerk

By W. R. Wasson, Deputy

Criminal State of Minnesota
vs.

Eugene Jefferson, Charles Harris, Earl Thomas, Albert Small, Norman Ousley, John Thomas
No True Bill

The special grand jury 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

Monday July 19^th, 1920

Court convened at 9:30 o’clock A.M.

Officers present: Hon. H. A. Dancer, Judge presiding

Iver Holmberg, Deputy Clerk

A. A. Farrington, Court Reporter

George Brown, Deputy Sheriff

Criminal State of Minnesota
5641 vs.

Herman Haapa
The above named defendant present in Court with counsel M. E.

Louisell, Esq. Elmer N. McDevitt, 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 for sentence, and sentenced as follows.
It is the judgment and sentence of the Court that you Herman

Haapa as punishment for the crime of Transporting Intoxicating Liquor do

pay a fine of one hundred dollars ($100.00) or 90 days in jail upon

payment of fifty dollars at this time the balance will be suspended until

further investigation has been made by the Court.
It was orders by the court that balance of the bail money deposited by the

defendant by returned to the defendant or order.

Recess until 2: o’clock P.M.

Wednesday July 21^st, 1920

Court convened at 9:30 o’clock A.M.

Officers present: Hon. Wm. A. Cant, Judge presiding

W. R. Wasson, Deputy Clerk

Alex B. Hamilton, Deputy Clerk

J. J. Cameron, Reporter
R. S. Lerch, Deputy Sheriff

Criminal State of Minnesota
5704 vs.

Lester Smith
Defendant 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 Lester McKinley Smith,

and it is ordered that all future proceedings against the defendant be

continued under the name of Lester McKinley Smith, Courtney and

Courtney appear as attorneys for defendant

Defendant enters a plea of not guilty

Bail is fixed in the sum of five thousand dollars

Criminal State of Minnesota
5661 vs.

Robert Earl Stoughton

Defendant present in Court

Roll call of jury, all present

Robert E. Stoughton, Duluth, Minn. sworn testifies own behalf

Defendant rests

Case closed

States closing arguments to the jury

Defendants closing argument to the jury

Recess until 1:45 o’clock P.M.

Court reconvened at 1:50 o’clock P.M.

Criminal State of Minnesota
5697 vs.

William Miller

Defendant 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 William Miller and that R. C. McCullough, Esq. and F. L. Barnett, Esq. are his attorneys

Defendant enters a plea of not guilty.

Wednesday July 21^st, 1920

Criminal State of Minnesota
5698 vs.

Clarence Green

Defendant 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 Clarence Green. R. C. McCullough, Esq. and F. L. Barnett, Esq. appear as attorneys for defendant.

Defendant enters a plea of not guilty.

Criminal State of Minnesota
5699 vs.

Frank Spicer

Defendant 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 Frank Spicer. R. C. McCullough, Esq. and F. L. Barnett, Esq. appear as attorneys for defendant.
Defendant enters a plea of not guilty.

Criminal State of Minnesota
5700 vs.

Louis Hayes

Defendant 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 Louis Benjamin Hayes and it is ordered that all future proceedings against the above named defendant be continued under the name of Louis Benjamin Hayes. R. C. McCullough and F. L. Barnett, Esq. appear as attorneys for defendant.
Defendant enters a plea of not guilty.

Criminal State of Minnesota
5701 vs.

Nate Gray

Defendant 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 Nate Gray. R. C. McCullough, Esq. and F. L. Barnett, Esq. appear as attorneys for defendant.

Defendant enters a plea of not guilty.

Wednesday July 21^st, 1920

Criminal State of Minnesota
5702 vs.

Loney Williams

Defendant 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 Loney Williams.

R. C. McCullough, Esq. and F. L. Barnett, Esq. appear as attorney for defendant.

Defendant enters a plea of not guilty.

Criminal State of Minnesota
5703 vs.

Max Mason

Defendant present in Court and duly arraigned, the defendant waives the reading of the indictment and was given a copy thereof. The defendant informs the Court that his true name is Max Mason.

R. C. McCullough, Esq. and F. L. Barnett, Esq. appear as attorneys for defendant.

Defendant enters a plea of not guilty.

Criminal State of Minnesota
5697 vs.

William Miller

It is ordered that a Bench Warrant be issued for the above named defendant.