The Bismarck Tribune Newspaper, April 14, 1917, Page 3

G4TURDAY, APRIL 14, 1917. BISMARCK DAILY TRIBUNE BACH MURDER CASE RESTS IN HANDS OF WURY Defendant Testified in His Own Behalf Yesterday Telling of His Whereabouts ' MET BALL AND WALL ON NIGHT OF TRAGEDY (Speelal to Tribune.) Mandan, N, D., April 14.—The mass of evidence in the Smith mur- der dynamiting case is locked tight today in the hands of the jury, A verdict is expected before evening. Attorney Mark Jones of Beach, and Attorney J. F. have riddled the entire story until it hangs in fragments in the minds of the jury as.to the guilt of Smith, Defendant Testifies, George Smith, whom the state al- leges dynamited the little prairie shack and killed Horace Ball, who as found “head first” in the debris, took the witness stand in his own defense yesterday and graphically described the details of his where- abouts on the night of the murder, July 17, 1916. “Ball and myself were chums all our life and it was Ball who urged], me to come from Black River Falls, S. D., to Beach to make my home,” ified the defendant. “When I shipped my goods to this part of the state, Ball shipped his in my name.” Smith told of selling the western homestead to Ball and of taking em- ployment on the farm. At Beach Night of Murder, Smith drove to Beach the night of the murder to get some groceries and kerosene for a neighbor, arriv- ing in the city about 5 o'clock, He went to the Lewis rooming house and rented a room. Horace Ball ap- paered in town and they met. Both went to Wall's eat shop. Smith or- dered his supper and after a friendly conversation Ball left Smith telling him, “Will see you again, George,” and went away with Harry Wall. Asked If He Had a “Cold One” According to the testimony of the — SPPOSIODHFHIOOOE & DRINK HOT TEA ° > FORA BAD COLD % 99990 SOOO REEOOES Get~a small package of Hamburg Breast Tea, or a§ the German folks call ft, “Hamburg Brust Thee,” at any pharmacy. tvitablespoonful of the tea, put a. on it, pour th a teacup. fal day or befo Oo treak a cold and cure grip; as it opens the pores of the skin, relieving congestion. Also loos- ens the bowels, thus driving a cold from the SYBtAM, 2 2 te es hen Try i¢ the ent tide you suffer from a cold or the grip. ‘It 1s inexpensive and entirely vegetable, therefore safe and harmless. RUB BARKACHE AND - LUWBAGD RIGHT OUT Rub Pain and Stiffness Away with @ small Bottle of Old Honest St. Jacob’s Oil When your back is sore and lame or lumbago,. sciatica or rheumatism has you stiffened up, don’t suffer! Get a 25 cent bottle of old, honest “St. Jacobs Oi)’ at any drug store, pour a little in your hand and rub it right into the pain or ache, and by the time you count fifty, the soreness and lameness is gone. Don’t stay crippled! This soothing, penetrating oil needs to be.used only once. It takes the ache and pain right out of your back and ends the misery. It is magical, yet absolutely harmless and doesn’t burn the skin. Nothing else stops lumbago, sciati- ca and lame back misery so promptly! Sullivan, of plandan, ently after giving facts to support his | defendant, Ball and Wall later drove up in an automobile and Ball asked Smith if he were going to stay with him that night. Smith replied that he hada room at the Lewis. He then asked Ball if he had “a cold one over there.” About 11:30 o'clock Smith. testified he met Officer Morran and Judge Halliday who entered the restaurant. Smith also entered the cafe, Later Smith went over to a livery stable and while in that vicinity heard the explosion. On his return to Main street he met Moran and Judge Hal- liday and was asked if he had heard the explosion and he replied in the negative, it was a torpedo or something like that and that it might have been one until the next day. Refates Cap Story. During his testimony, Smith refut- ed the cap story and avered he wore a soft felt hat with a small brim dented in four places, Other defense witnesses gave similar testimony. When placed on the stand at 3:15 yesterday afternoon, Smith was pale, his lips slightly quivered and he was ery nervous, He talked more flu- alibi. him as to Bail. Attorney John F, Sullivan testified George Smith No. 2 came to Mandan to have an action started against a Mike Finnegan. Sullivan testified to the writing of the letter found at the Ball home after the tragedy and ad- dressed to George Smith, Beach, N. D. Postmaster George Haugen of Beach testified that George Smith No. 1, the defendant, got his mail in forace Ball's mail box. It is be- the letter addressed to George mith No. 2 was put in the Ball box i ke and when the explosion occurred was blown to the place of {inning BOVINE FAILS, TO SOLVE. HIGH The defénse did not question his relations with Mrs. “Post Mortem’’ Discloses Hat Full of Nails, Belt Buckles and Pieces of Wire —Farmer gor, Wil- attempted to solve the ing this week, but the al... Brown noticed the McGregor, J. Brown ms county high cost of 1 attempt w: animal ng flesh and called a vet- erinaria He said the animal had tuberculosis and it was separated from the rest of the herd for treatment, but it’ failed fo recover. Brown had a hunch ‘ft was not tuberculo: He or- dered the organs to be ‘examined, which disclosed nearly achat full of old nails, belt buckles and, pieces of. fence wire. One piece of wire was six inches long, had gone through the a mal’s' stomach and pierced one lung. ALLIES BREAK TEUTON Continued from page i. the British troops outwitted part of one of Germany's crack regiments. It is rather a striking commentary, cer in command of the British units thing as leading soldiers into battle had never entered his head. Two years of training in the school of actual war worked its own wonders. The Turks were driven from their positions near Ghaliyeh, ten miles northeast of Deltawah. (Deltawah is 35 miles north of Bagdad.) They then withdrew toward Seraijik, and thence toward Dely Abbas. The Bri- tisk are pursuing the Turks. nn Wednesday the Turks lost 500 killed and 700 wounded. Artillery fighting continues with marked intensity in the Champagne, the war office announces. French prisoners. South of St. Quentin there was heavy artillery action. that we believe are the lowest UYERS’ risk is unknown at Bergeson’s don’t have to take any chances. We offer you what we believe is the best merchandise in the world; at prices andise. Standard lines carried and a SQUARE DEAL to BERGESON’S store—you possible prices for such merch- Traction We will contract’ for breaking and farm- ing lands on shares or with parties who have traction engines, plow outfits and the land, we will furnish seed wheat on shares. Apply promptly to Bismarck Realty Co. Bismarc’ Bank Building Bismarck, N. D. NOTICE TO OWNERS of Plow Outfits and Morran said he thought! of the banks. Morran left him. Smith | went to the hotel, where he remained | COST OF LIV FRONT, CAPTURE FANE field maneuvering two days in which | * Ithat, when the war began, the offi-|° was a young solicitor and such a/? patrols were active and brought back | CANCER SENDS | “FULL REPORT FOUTS ; torney and United States | Marshal Will Act | | A detailed report of outrages com- | {mitted in various parts of North Da- kota against the flag, against the pre- | jsident, Joyal. Americans and ; | Americanism gen with dates, | i places, names of witnesses and cor- jroborating testimony was submitted to United States District Attorney M. A.| MWildreth toda ‘William S. Langer. { The report, which consumes several {pages, gives at length all of the in-j formation which the attorney general | hy Attorney General | | gation extending over ten da. Men- j jbers of the attorney genera’ office | and United States seeret. service men | working under his direction have visit- | fed every point in the state where sedi- | {tion and intimidation have been re- | | ported, and it: is understood that evi- | |dence sufficient to convict of sedition | and treason a large number of people | jnow making North Dakota their home} thas been found. | Immediate action upon the part of | {District At ey Hildreth and United | | States Marshal S. J. Doyle is antici- | ‘pated. The dragnet already has been | \spread. ‘There will be no opportunity i ‘for a single guilty person to escape, | jand the penalty will be made severe } ‘enough to offer a nobject lesson to any | individual whe doubts Uncle Sam lability to detect and reward disloyalty GRAIN MARKETS 1 0: i ! 39% @243% + 234% @237% ;No. 1 Northern Choice. 37% @240% Regular to arr. : % {Choice to arr. Ys {No. 2 Northern. : %@236% | No. % Wheat >. + 215% @227% No. 2 Montana Hard... 231% @233% | No. 2 Mont. Hard to arr | | Xo. 1 Durum .... | No. 1 Durum Choi No. 1 Durum to ar! No. 1 Dur. Choice to arr 246% 226% @229% | |No. 2 Durum .- No. 3 Yellow Corn @14L No. 3 Yellow Corn to ar @140 Other Grades .....--- @140% | | No. 4 Yellow Corn to arr 13 @u9 | |No. 2 White Montana.. 72 @ 73 | |No. 3 White Oats...... 67 @ 68 'No. 8 White Oats to arr 66 @ 67%) No. 4 White Oats 66 @ 67%: Barley 111 @129 Choice Ba 129 @139 Rye ..- 189 @190 Rye to arr . 189 @190 Flax ...-+- 319 @826 Flax to arr 319 @326 May - 219% @219" 4 July + 212% @212% | September 174 | Close. i | | May } July 212% No. +» 227 | ++ 222 @226 + 218° @221 210 @215 222 222, i 2 Hard Mont on tr! No. 1 Spot Durum. . No. 2 Spot Durum.. No. 1 Spot Durum to ar Ye { May - 236% {July 233% i !Oats on trk - 64 @ 67 | {Oats to arr 64 i Rye on trk and to ar 179 @180 | Barley on trk -- 90 @137 Barley on trk .. + 90 @187 | Flax on trk and to arr. 328 @325 | | May » 324 | July - 324% Close 1:03 p. m. ? CATTLE MARKETS | Qi eg ST. PAUL. HOGS—Receipts, 800, Range, $15.40 to $1 $15.50 to $15.60, i CATTLE—Receipts, - 600. _ Killers, | 10 to 25c lower than for the week.) Steers, $6.50 to $12.25; cows and heif-| ers, $6.00 to $10.00;-calves, steady, at $5.00 to $12.00; stockers and feeders 25 to 50c lower than for the week, at | $5.00 to $10.00. SHEEP—Receipts, 5. steady. Lambs, $8.00 to $14.54 ers, $6.00 to $12.00; ewes, $11.25, ‘Market, i bulk, | i} Market, | weth- | seen CHICAGO. i HOGS—Receipts, - 7,000. Market, | steady, at yesterday's average. TBulk, | to $16.20; $15.80 light, $15.4 $16. 05 5 CATTLE—Receipts, weak, Nati $13.25 $10.00; cows and heifers, $11.00; calves, $9.00 to $13. SHBEP—Receipts, 2,000. Market. {steady. Wethers, $10.70 to $12.10; lambs, $12.15 to $16.00. | SINKING OF ARGENTINE. - MAT BY SUBMARINE ~ARDUSES REPUB Buenos Ayres, April 14—The Ar- gentine sailing ship, ‘Monte Protégido | hag been sunk off the European coast | according to an official announcement | made here today, | The announcement, was meade by; the minister of foreign affiairs, who said he had received official informa- tion to this. effect. The news created, a great sensation in Buenos. Ayres. According to the néwspapers, the ship was sunk by a German sibma- tine. | It is announced that the ship was twice: fitéd upom by_the guns Of the’ [es submarine and that» one member of the crew was wounded. After the news became known an excited crowd marched through the4 streets, shouting, “Down with the German assassins!” s of stud- ents paraded the streets, singing pa- triotie songs. Two German newspa- pers, in view of the threats by the crowd, closed their offices. News of the torpedoing of the Ar- Sentine sailing ship, Monte Protegi- do, presumably by, a German subma- rine, has caused a deep impression. The Nacion counséls the people to be calm in the presence of grave events. The Argentina says the gov- ernment must adopt an energetic at- titude. SS SCHOOLTEACHER FIRED FOR ANTI (ci: rty of ten. boys is to eave Monday for enlist-| Hidden Treasure ment fn the coast Hery unless they Z are assurred they will be given an} SS WAR DECLARATION 2.30 Le es if BE HOUR PERFORMANCE ---2 if oft OWL st Chicago, April 14.—-Oscar Heath, -a re fine, stalwart fellows--the | i c prgtlengo, April 14=—Oscar Heath a eammaf the nt said Mr, hoya is A ~Orpheum & Bismarck: Theatres pended by Jacob Loeb; president ot | anit “Underwood is one town! the schoolboard, on account. of his Whose patriotism cannot be impeached, | issuance of an anti-war pamphlet. | The pamphlet attacks the policy of |) the American government, states that has compiled during a quiet investi-} the war is for mercenary reasons and | toyn f right that a league between the newspa pers and financiers is responsible tor the entrance of the United States. In suspending Heath, Loeb said, “The slackers over at the marri; bureau are red-blooded patriots he side you.” i FUNERAL FOR WR, COCHRAN FRIDAY Funeral services for John FP, Cochran, proprictor of the Palace Hotel, w conducted Friday afternoon at in the MeCabe Methoc hureh and were in chi J. slutchinson, the pas' uumber of relatives and tended and the floral offe: many and beautife. The Ancient Or) der of American workmen attended in abo sted in the services, Mrs. H. HH. Steele sang. | made in St. Mary's! man, Frank Wilcox, 4 and Walter Knott { UNDERWOOD HAS Underwood hi stalwart Vnele the adj ing. The wompany show y bubbling over it! everywhere, Every de-! ay , transfer wagon in est is decked out, Underwood is! 2. ee at Bs aye doit wants an opportunity to! sap = Soe = SERN ORIN Late SSR SEES ts colors.” {1. onand OWA, Boyd. Mr. Mason, [s Pant this week. to accept @ Gein The company was organized by Rj who Was in the reserve, was called tol sion as Heutenant in the marines. ie Henry B, Walthall “The Truant | Soul” Victor Rousseau’s powerful Drama of a EQMPANY READY FOR UNCLE SH npany of ST voluntee: x to served rmuel, OL A. Boyd reported to tint general's office this morn iso zed and is| into Tuesday and Wednesday, April (7. and 18. HOUSES FOR SALE AT PUBLIC AUCTION On April 25, 1917, we will sell at public auction, to the highest bidder, the two houses located on lots Eleven and Twelve in Block One Hundred Six, Original Plat, Bismarck, N. D., known as the Beardsley property on the corner of Fourth and Thayer streets. Conditions of sale as fellows: Twenty per cent to be paid at time of sale, balance to be paid before buyer begins removal of buildings. ® Buildings to be completely removed from lots on or before May twentieth; 1917. Sale will be heldat the above described lots at 3 p. m, April 25th. : Also quantity of good iron fence for sale. Lahr Motor Sales Company Prices Order Now and Order Quick We have expected a price increase right along and only the immense quantity being produced will enable us to sell at the May 1st price—we, of course, have no assurances that further increases in price will not be necessary. Everything that goes into the Maxwell is the best—this we do know and can prove. The steel is the finest that money can buy—the motor—no finer, no tougher, no steadier can be built according to our experience and the steeper the hills and the tougher the roads the more the Maxwell seems to like them. Our April allotment will be delivered to us at the old price. That’s agreed and that’s fair to us and we are going to be fair to our customers. —But—after May 1st, we can’t buy a Maxwell for a penny less than the new price and we shan’t sell you one for a penny less than $665. Come in—study this car—see if we are right or wrong about it. When we say biggest value, we mean it and we can prove it by any known tests or standards. We put it up to you tq judge after you consider these features. Maxwell Style Same as Highest Priced Cars The Maxwell lines are pleasing to the eye. The design con- forms exactly to the prevailing style, as illustrated by any num- ber of high priced motor cars. Comfort to the Point of Luxury The Maxwell car is roomy. It seats five passengers in com- fort. There is plenty of leg room in front and rear. The long semi-elliptic Maxwell springs and the soft, extra-deep upholstery make riding easy. 150,000 Miles Not Unusual There are Maxwell cars im daily use which have already run Over 150,000 miles. Think of it—more than 20 years of average @riving! There are Maxwell cars in the mountains and in sec- tions where there are rough roads or no roads, that have gone eam miles that would wreck and tear most cars ‘The World’s Endurance Champion ‘This record was set by a five-passenger Maxwell stock touri C Hit maceataayeundaigntewitnot April Cars are gone. car, by running for Western Sales Company Increased May Ist A MOTOR STOP, AND WITHOUT ANY REPAIRS OR ADJUST- MENTS. The run was sanctioned and constantly observed by the supreme court of this industry—The American Automobile Association. The car was a stock car and was so certified. The facts are indisputable. Maxwell Running Expense $8.19 Per Month Maxwell cars, on account of scientifically correct balance and \ fight weight are very economical to operate. Hundreds of in- stances are on record, showing from 30 to 44 miles per gallon of fasoline. Mrs. Miriam Seeley—Professor, Oregon Agricultural College—has just completed a trip from Corvallis, Oregon to Boston and return—9,700 miles—(about 1)4 years of average driving). The total expense for gasoline, off and repairs was ~ 136 cents per mile—or the equivalent of $8.19 per month. Complete Equipment—No Extras to Buy Maxwell cars have every device and accessory for the greater convenience and comfort of the owner. Not a single thing is lacking. When you buy a Maxwell, no further investment ie necessary. Remember—$665 May Ist. $635 Now. And get your order in now before these Bismarck and Mandan