The Bismarck Tribune Newspaper, January 2, 1917, Page 7

TUESDAY, JANUARY 2, 1917. wow Yo ANSWER BLING ane, WANTED—Experienced waitresses; clean, neat and polite; good: ‘wages. Van Horn. Cafe. WANTED—Girl , for work; phone 657 or call at 504 Man- dan Ave, 12-30-6t WANTED—Girl for general house: 1-2-3t general ouse- work. Apply Cowan's drug store _ or 512 Ave. A. _ 12-28-6t WANTED—A cook at Hotel Colehar- dor, N. Dak. 12-14-Imo WANTED—Ojce girl; must pe bright and capable, Experience not neces: sary. Address ‘No. 53, Tribune. : 1-1-3t WANTED: xperlenced competent stenographer for permanent posi- Lahr (Motor 12-19-tf » clean Apply 1-1-tf tion; good wages. - ‘Sales Co. WANTED—Dining room _gitl: and neat, with experience, Van Horn hotel. OOOOH OOSHHHHOSOD F.. E,. YOUNG For Sale-—120 acres, 2 miles from, Bismarck; absolutely the, cheapest land close to town, Price and terms on ap- Plication. For Sale—8-room house; hot water heat; bath and bed room down stairs; first floor onk finish; this house must be sold. At $3,700 it is the cheapest residence offered in a long while. For Sale—6-room house; part- ly modern; close in; 75 lot; a big bargain at $2,250. $650 cash, balance monthly or oth- er easy payments. For Sale—Riverview Addition lots, 50 to 75 feet wide, at,” $300. to $600., are the very lowest good lots in the city. Buyers are fully protected. F. E. YOUNG ‘ist Nat'l, Bank Bldg. Phone 78 908 H9FOHOHHOS Pee OSES SOS OSL ORL SS OOOO AGENTS i AGENTS wanted for the Quick «able “Sectional “Platé Auto’ Tire Chains; best anti-skid chain’ on the \market, Write for territory and ‘terms; only those who mean busi- néés and can furnish first class re- térences need apply. Union Chain Co., Minneapolis, Minn. 12:30-4t ‘' BALESMEN WANTED WANTED—Salesmen to sell direct to, Consumer on commission basis, gro- ceries, oils and paint for the best and oldest Chicago house. Write Harper Bros. & Co., Chicago, ut 2-1mo WANTED—Salesmen to seil rainsct to consumer, on commission basis, gro- ceries, oils and paint for the best and oldest Chicago house. Write Harper Bros, Co., Chicago, 1), 12-14-1mo room .cottage; house vacated any]. timé-after Jan. 10th.. House located on Thayer street; close in. Address P.O. Box. 345 Jplione 223k. < 12-30-8t FOR SALE—Cheap. ‘One dozen letter files, large size,.25c eac eral maj fs N. rrriling ‘Efiployment Dept., Merchants ‘Credit Company | of North jarck, of D. FOR RENT—8-room. furnished —mod- ern house;. full of: rooms and board- ers; two blocks from Main St. on 4th, Addresa No. 55 care: Typane! FOR RENT—Furnished mae room; modern; Uesirable location for state officials. Phone 684. be €. _ Wright. ‘ FOR RENT—Modern & room anit __Phone 64M. 818 Ave. B 12-30-6t FOR RENT—House. at 711_ 6th ‘St. 4 ply to B. K, Skeels, 408 Broa 12-284¢ come cwith as to Sunny Southe: Texas Jan. 1 on No, 2 for a 15: trip from the Twin Cities. Fare from Bismarck and jeura with-meais.and Lerths, $57.50 single tickets, or for man and wife, $°6.50. Comé and make your reservations this week. D. T. OWENS &.€O. Bismarck, N. D EMPLOYMENT DEPARTMENT MERCHANTS. CREDIT COMPANY. OF NORTH DAKOTA. WANTED—A-1 clothing and shoe man, German, $90. Lumber yard HARVEY HARRIS @ CO, J. P. Jackson, Mgr. $20. ACRES—Close to town, with} creek on both quarters; good soll; | very fine for a man with stock. Al real bargain, 160 “ACRES—Good soll soll; Nes excep; tionally well; nice grove of trees; not far from a loading station. A good piece of property that can be bought at a low price, A large list‘of houses and lots for sale in all parts of the city. HARVEY HARRIS @ CO. Su eee HOUSES FOR SALE FOR SALE—New, modern, 1 nine-room house; easy terms, Phone. 487K. _Call 617 ith St. ‘i 12-20-1mo. FOR SALE—Four-room house near golf links, 11 blocks from pogtoffice city water. Cash or easy terms. F. W. Murphy, 204 Main St. 12-16-6t J. H. HOLIHAN HOUSES FOR SALE. FOR SALE—7-room bungalow; mod-,| ern, $4,300. FOR SALE—6-room bungalow; new. FoR SALE—Rooming house furniture | and good will; income $90.00 month. ‘Price $750. . TRUST ME FOR BARGAINS, J. H, HOLIHAN Lucas Block. Phone 745; = ROOMS FOR RENT FOR RENT—Furnished room; mod- ern, 312 8th St. Phone 432L, 1-2-6t FOR SALE—Goose and. duck. feathers at Northern Produce Co. 2-6 FOR RENT—Nicely furnished room. Gentleman preferred.. Apply No. 54 Tribune. FOR RENT—Modern rooms; stea heated, electric lighted, : with bath; all furniture new, :at ‘Runge & Ev- erts’ formerly Atlantic Cafe. Ca Mik ee Re a RCE DES Je 306; RENT-—Fine room; modern ap- partment partly’. furnished, with: Piano. Call room 15, Haggart Bldg. RO each ee RS tae ee Oe 1-1-6t FOR RENT—Room in modern house; man preferred. 705 6th St.. Phone 292, _ dat FOR RENT—Large furnished front room in good residence section, suit- able for one or two gentlemen. Call 404 First street or phone 673X. at 1-1-1t FOR RENT—Tatge modern room. 38 12-29-1mo F ENT—! gs St. OR RENT—Three = ares fa hed ‘front’ sleeping ‘rooms strictly modern private: home, on car line; convenient location.” Phone 403X. 12-29-6t. F)/ FOR RENTETwo rooms; furnishe all Hii monera. ‘812 %th | ern furnished Tooms 12: 29-4 -6t | op. FOR RENT—Two furnished, Saale rooms in modern: house; handy to capitol and one: block from car linc. F. L. Moule, 1029 Fifth St. FOR RENT—Modern rooms; 46 Main. Phone 672R. _.12- FOR RENT—Splendid, warm, nok: em rooms, for, light housekeeping; 622 Third street. 12-20-6t FOR” RENT—Light housekeeping rooms, 433°12th St. Phone 494U. is 12-13-6t Toom; all 814 Ave 12-13-1mo rat FOR” RENT—Furnished modern; hot water heat. Phone 384R. SALE OF LAND. Notice. is Heréby Given, That under | authority of é7-Order: of Sale granted by ‘the Honorable H. C.: Bradley, Judge of the 'Céunty Court of the County of Burleigh, in the State of North. Dakota, dated the 19th day of December, A. D. 1916, the undersign- ed, the: Executor of thé Estate of An-| pa! drew Larson, late af the town of Bald- win, !n the County of Burleigh, and State of North Dakota, Deceased, will sell at private sale to the ‘highest bid- der, .for cash, subject to confirmation Dy the Judge ‘S said. County Court, the following di ‘lama, to-wit: South Half of Northwest Quarter (S% of NW44)-and Kast, Half of Southwest Quarter (E% of SW%) all of Section Twenty-six (Sec. 26) of. Township One Hundred Forty-ene;(Twp..141). North, Range Séveaty-nine (Ree. 2%) con- bed 160, Aeres' more'or less. ‘The sole. will be. made on or. after of January, A.D. 1917:| white ee in face; two, white: hind A Sea A day, | porn’ alive, held improper’in form for 1-2.3¢ | ce | ceived by you in the light of reason— BISMARCK DAILY TRIBUNE 7 win, N. D., or. at office of H. C. Brad- ley; “County ‘Judge, ‘in City “of -Bis-| matck, No, Dak., or delivered to the undersigned personally. Aue. B, JOHNSON, "Executor under Last Will of Andrew~Larson, Deceased, Washburn, N. D. Dated Dec. 15th, A. D. 1916, (12-19-26-2) From Stark County. Ela-Clark, Plaintiff and Respondent, vs. Northern Pacific Railway Com- pany, Defendant and Appellant. Syllabus: Action for injury .sus- tained by plaintiff, in a wreck upon defendant’s line. Plaintiff, had judg- ment; defendant, appeals. (1) The question of the sufficiency of a release executed by plaintiff to defendant was one of fact for the jury. (2) Evidence examined and_ held | sufficient. to justify the submission of the question of the validity of the re-| lease to the jury, Appeal from the District Court of | Stark County. Crawford, J. ' Affirmed. Opinion of the court by Burke, J. {Watson & Young, and E. T. Conmy, of Fargo, attorneys for defendant and | appellant. ! Casey & Burgeson, of Dickinson, at- torneys for plaintiff and respondent. From Towner County. ; State of North Dakota, Plaintiff and Respondent, vs. Rognhild Sogge, El- mer Jones and Betsy Jones, Defen- dants and Appellants. Syllabus: 1. The expression: ‘‘cor- pus. delicti,” as understood in cases {of homicide, means the body of the | erime and consists of two component ! parts, the first of which is the death ,of the person alleged to have been | | killed, and the second, that such death | was caused through criminal agency. | 2. Section 9459, Compiled Laws of 1913, which provides that no person can .be convicted of murder of man- slaughter unless the death of the per- json alleged to have been killed and the fact of the. killing are.each estab- lished as independent facts; the for- mer by direct proof and the latter be- yond a reasonable doubt; construed and held that the legislature used the words “direct proot” in the popular | ense as the equivalent of “direct evi- idence.” Held, also, that direct proof jof the finding of the dead hody of ;such infant satisfied the statute and |that circumstantial or opinion evi- {dence of medical experts as to the ‘fact that the child was born alive and | the manner of its death was admissi- ‘ble to prove the second component | part of the corpus delicti, viz; that the infant came to its death through | criminal agency. | 3. In a homicide case, evidence ex- !amined and held sufficient to estab- {lish the corpus delicti. 4. Ina homicide case, evidénce ex- amined and held sufficient to estab- | lish the corpus delicti. | 4. In a ‘homicide case, evidence ex- | amined and held sufficient to warrant | the convictions of the defendants. 5. Certain hypothetical questions prepounded to a medical expert call | ing for his opinion as to whether the lo Of Info nation iE ADVERTISERS below will use more than 14, 000 inches in The + Tribune in 1916; it’s all concise, “instant at hand” information. to the directory constantly. TAXI Phone “LE. SMITH COLEMAN’S New and Second Hand Store PHONE 358 TAXI Phone 57 S. LAMBERT Capital Coffee House Coffee and Soups a Specialty 3021, Main Street Phone 497 E. B. FERGUSON, Prop. It appears every day. Office Rooms 1 and 2 Hughes Building Opposite Grand Pacific Hotel SHES SES BISMA ‘Optical Specialist Eyes Tested and Glaser Fitted, also Glasses Changed and Renewe CK, N. D. Refer ottice hous 9to 12 and 1to5 PLM. FREDFRICK W. KEITH ARCHITECT Webb Block Phone 449 104 MAIN ST. BANNER HOUSE Room and Board by Day, $1.00 By the Week/$7,00 Roarding Stable fer Horses in Connection BISMARCK and Rebuilding ; GUARANTEED WORKMANSHIP. Repairing lamps, fenders tanks and JOHN BORTELL, 316 Main Street Windshields Phone 756 “ \ Automobile Radiators REPAIRED AND REBUILT riven A rast test ‘and ‘delivered within Twenty. | infant alleged to have been killed was |= reasons stated. Held further, that the , ruling sustaining such questions was | nonprejudicial for reasons stated. 6. Where the facts are controverted thé ‘questions popounded® to“ expert witiiesses should be hypothetically framed ‘so as to assume the truth of the facts therein stated, but at the same time leaving with the jury the determination of the truth thereof. 3. In‘a homicide case, in which the defendants are charged with killing a new born infant, certain confessions or admissions of the alleged mother of ithe child made to the state’s attorney, held inadmissible under section 9549, ! Compiled Laws, prescribing that con- | fessions or admissions are inadmissi- ble to establish the death of the per- son alleged to have been killed. 8. In a homicide case, the following instructions was give! ‘Circumstan- tial evidence alone is enough to sup- port the verdict of guilty of any crime, ! providing the jury believe beyond a ; reasonable doubt that the accused is | guilty under the evidence. No greater |degree of certainty. in proof is re- quired where the. evidence is all ¢ir- cumstantial than where it is direct, for in either case the jury must be convinced of the prisoner's guilt be- yond a reasonable doubt. The evi- dence of circumstances is to be taken | by you the same as evidence of di- | rect and positive acts. It is to be re- | | in the light of actual results. All evi- dence is more or less circumstantial, all statements of witnesses, all con- | clusions of jurors, are the results of | inference, There is no ground of dis- tinction between circumstantial and irect evidence.” Held, the giving of 1 instruction constituted preju- error for reasons stated in the In charging the jury, in a homi- je case, the words “aiding or abett- g." were used in lieu of “aiding and ' abetting.” | dicfal inthe Nght of other explicit in- structions, 10. The. giving of an instruction upon the subject of defendant's flight, although ‘stated correctly as an ab- stract rule of law, held, not warranted under the evidence. 11, In a homicide case, a ruling ad- mitting proof of a certain exclamation made by a third person held’ non- prejudicial although such exclamation was not admissible as a part of the Res Gestae nor as tending to show an | admission by defendants. Appeal from district court, Towner County, C. W. Butts, J. Defendants were eonvicted of man- slaughter and from the judgment of conviction and from the order deny- ing a new trial, they appeal. Reversed. Opinion df the court by Fisk, C. J. Burke, J., didnot partici- ite, Hon. J. M, Hanley, Judge of Twelfth Judicial District, sitting in his stead. Torger Sinness and Clyde Duffy of Minneaukan, and Victor Wardrope of Leeds, attorneys for. appellants. T. H. Burke, state's attorney, of Minnewaukau for respondent. PICKED UP—ESTRAY. 1,150 to 1,200; white stare on forchead; over nine years old. 12-28-30-6 5 L. J. GARSKE, ee 7 TAKEN UP. One -sorrel gelding; weight 1,400; 8 In; District Court, ; Held, error, but not preju-|that no personal against either or any of the above named defendants. te of North Dakota cot of Bur- ‘leigh, ss: Judicial Dis- Stella M. vs. in ‘Lehman and Investors’ Mort- gage Security Company, a corpora- tion, Defendants. State of North Dakota to the Above Named Defendants, Greeting: You, and each of you, are hereby summoned to answer the complaint of the above named plaintiff, which is on file in the Offico of the Clerk of the District Court in and for the County of Burleigh North Dakota, and to s your answer upon the their office within thi after the service of this summons up- on you, exclusive of the day of such service; and you are further notilied that if you fail to appear or answer as above required, plaintiff will take judgment against you by default for the relief demanded in the complaint. State of ‘opy of scribers at (30) days and Dated at Bismrack, North Dakota. this 16th day of November, A. D. 1916, LINDE & MURPHY, Attorneys for Plaintiff, Office and Postoffice, Bismarck, N. D. NOTICE OF NO PERSONAL CLAIM ; AND DESCRIPTION OF LAND TO WHICH IT RELATES: To the Above Named Defendants: You, and each of you, will hereby take notice that this action is brought to qujet title to, and exclude the de- fendants from any interest in or lien upon specific real property in this state, (25), Township One Hundred Thirty- eight (138), Range Seventy-six (76), Burleigh County, North Dakota; and towit: Section Twenty-five claim is made LINDE & MURPHY, Attorneys for Plaintiff, Office and Postoffice, Bismarck, N. D. NOTICE OF SALE OF UNCLAIMED FREIGHT. To the owner or consignee of the freight below described and to all whom it may concern, take notice: That a shipment: of household goods, weighing about pounds, shipped by Mrs. C. Rossaini at Monongahela, Pennsylvania, consigned North Dakota, are in the possession of the ‘Northern Pacific Railway Com. pany at Bismarck, North Dakota, and said ‘Mrs. C. ‘Rosgaini, consignee, hav- ing been found and notified of the ar- rival of said articles, and having re- fused or neglected to receive said ar- ticles and to pay the legal charges thereon; for the space of more than three months; said ‘articles of freight will be sold by the agent of the Nor- thern Pacific ul 5 ay ¥ okt} public auction at the Northern Pacific ae LICR haat Ge for tiende freight station at Bismarck, North Da- thirty-five hundred and to herself at Bismarck, Railway Company at kota on Wednesday, the tenth day of January, 1917, s it o'clock in the forenoon of said da: i - PACIFIC” ‘RAILWAY COMPAN WATSON, &. YOUNG, attorneys, (North Dakota, . RACINE COUNTRY. ROAD TERE rapped‘tread is guaranteed 5900 CORWIN MOTOR Co. BISMARCK, N. D. Jobbers LISTEN! GIBSON LISTEN!! Mandolins and Guitars on Easy Payments. See GEORGE E. BALL 319 2nd Street Shoes Repaired Best Fauipped Soe Shop in the L. E “Larson 408 Main Strect AGENTS WANTED Yor the celebrated Kimball Pianos, and Player Pianos. G. W. COCHRANE, Wholesale and Retail Distributor. Peck's Old Music Store COMPLETE LINE ON DISPLAY Steam Heated Garage We can handle a_ limited number of cars for storage this winter. Our fireproof garage is now heated with city steam, and nothing will freeze. Corwin Motor Co. CYLINDERS REBORED Fords $14 Other jobs in proportion Corwin Motor Co. Bismarck, N. D. Gonwin Motor: Co. Barianci 0 ‘Transfer & storage ‘ i We have unequaied facilities for moving, stcring and shipping household goods, Careful, experl- enced men; also retail ice and wood, Wachter Transfer Comp: Phone 62 No. 202 Fifth St. Henry Burman “The Shoe Hospital Man” Ts still at the same old stand with his electric shoe REPAIR outfit. Plenty of competent help and can do YOUR work while you wait, Broadway Between 4th and 5th Streets Undertaking- Embalming Licensed Embalmer In Charge Day Phone 50 Night Phone 687 WEBB BROTHERS Grand Pacific Building TERMS TO SUIT LITTLE’S SECOND-HAND STORE Will buy, sell and exchange or rent anything. Successor to Nolan’s. Phone 794 or 132X. Undertaking Parlors A, W. Lucas Company Day Phone 465 Night Phone 717 A. W. CRAIG Licensed Embalmer In Charge Barbie’s | DRY CLEANING AND DYF WORKS PHONE 394 009 Front Street We Call for and Deliver Freightand Baggage DRAYING Clooten’s Livery Sheet Music We carry a large stock of Popu- lar and Standard Sheet Music, and make a specialty of ordering mu- sic from publishers for you. If we can’t get it, it can't be gotten. Send all orders and remittances to GEO. LA LONE, Mgr. Sheet Music Dept. Kimball Piano Store The Electric Shop B. K. SKEELS Everything Electrical Wiring Fixtures and Supplies Delco Farm Light Plants Phone 370 408 Broadway Bismarck Realty Company Bismarck Bank Building CITY LOTS DRAYING Freight and Baggage Carefully and Promptly Phone 395 Delivered RENTS C. W. HENZLER TRE VULCANIZING sean SHARPENING FARM LANDS Old Hats Cleaned and Reblotked EAGLE SHINING PARLOR Broadway Hats Sent by Mail We Pay Postage Opposite Postoffice