May
31, 1912 – One of the most stubbornly fought criminal cases in
the history of Minnesota was decided today by the Minnesota State Supreme Court.
Dr. D. F. Dumas, former mayor of Cass Lake, Minn., who, it was charged, planned
the blowing of the post office safe at Puposky, Minn., the night of June 16,
1911, and aided criminals in the act, was found guilty of attempted arson in
the third degree and his conviction in the district of Beltrami County was
warranted. The penalty is imprisonment not to exceed three and one-half years.
Dr. D. F. Dumas1
Not one excusing feature in the movement of the Cass Lake mayor is contained in
the opinion of the court, written by Chief Justice Start. On the other hand,
the contention of the state in every particular is sustained, and the defendant
is censured for the part he played.
Dr. Dumas made his defense on the ground that even if all the state’s
contentions were true, he was not guilty of attempted arson, because the act of
burning the Puposky store and robbing the safe was not completed.
According to the court, “The evidence tends to show
that the defendant intended to commit the crime; that he hired agents to commit
it, and further, that the attempt failed only because his agents were
interrupted by the officers of the law. The fact that the entry was made also
for the purpose of blowing the safe is not a controlling factor, for the overt
act, including the entry, were done, as the evidence tends to show, as a part
of one proposed proceeding—the burning of the building and the blowing of the
safe. It follows from this conclusion that the indictment state facts
sufficient to constitute a public offense.”
The case was remanded to the Beltrami Court for further proceedings, which, in
fact, means that the court shall sentence Dumas. The conviction has already
been obtained, but the case was certified to the Supreme Court on the request
of the defendant for review.
Dumas was popular. People liked him. His individuality was marked. But numerous
fires under peculiar circumstances began appearing in the northern part of the
state. Burglars—notorious characters—were sometimes seen in his company.
In the fall of 1910, R. E. Smith, manager of a general merchandise store in
which the post office was located at Puposky, was approached by Duma with a
proposition that he insure his store and let him (Dumas) have it burned. Smith
took him up on his offer. Arrangements were concluded and Smith reported the
matter to the state fire marshal’s office. Detectives were employed and were on
the scene the night the blaze was to be started.
Puposky, Minn.2
In the fight that followed, Martin Behan was captured and Mike Davis, a
notorious burglar, escaped. Both had been employed by Dumas to “do the job.”
Behan afterward turned state’s evidence and the charges against him were
dismissed.
Behan told the state’s attorneys how Dumas had bought nitroglycerin, dynamite
fuses, caps, flashlight, candle wick and matches, and after supplying him and
Davis with these essential articles, hired a horse and buggy to transport them
from Cass Lake to Puposky. Chiefly on this testimony Dr. Dumas was convicted. He
will now be sentenced.
Alex Jones, assistant attorney general, who fought the case for the state, was
pleased when he heard the decision this morning.
“I expected it,” he said. “In fact, I saw no way whereby it could be avoided.”
The
Duluth Herald; “Dr. Dumas Must Go to Prison for the
Puposky Arson Case. Supreme Court Upholds Conviction of Ex-Mayor of Cass Lake.
Remands His Case to Beltrami County Court for Sentence. Means Imprisonment for
Not Over Three and One Half Years.”; May 31, 1912; pp. 1 & 10.
1The
Bemidji Daily Pioneer; Oct. 10, 1911; p. 1.
(Dumas)
2http://traveltempters.com/minnesota/puposky/
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