The Bismarck Tribune Newspaper, December 10, 1917, Page 1

oe ffi: RURLEIGH WIT FAVORING HLL The Weather Generally fair. BISMARCK, NORTH DAKOTA, MONDAY ,DECEMBER 10, 1917 — j Moves for Change of Venue on Ground Community Knows Too Much About Case DEFENSE QUESTIONED COURT’S JURISDICTION Urged That Failure to Call Grand Jury has Removed Matter From Nuessle’s Hands The state late this afternoon filed an affidavit of prejudice against Judge W. L. Nuessie of the District court. Judge Nuessie then announced he would call Judge J. A. Coffey of Jamestown and the case would open Tuesday morning at 9 o’clock as scheduled. Holding that the burden of proof of prejudice was on the side of the party making the motion for a change of venue, and that such proof had not been established, Judge W. L. Nuessle this afternoon denied the state’s mo- tion for a change of venue in the Hall case. Attorney W. H. Stutsman, represent- ing Secretary of State Hall, in an affidavit in opposition to a change of venue said: ‘“‘Affiant has read all the articles touclfng upon preliminary hearing and the prosecution of this action, appearing in the Bismarck Tribune, and in his opinion none of the said articles is in anywise unfair, to the state, or misrepresents any of, the’ facts or evidence produced in the preliminary hearing; but the same had ‘been a’ fair and impartial resume of said proceedings, and has not in- fluenced the people of Burleigh county against the state.” Attorney Stutsman laid _ special stress upon the fact that all of the evidence introduced at the prelimin- ary hearing was on the side of the prosecution; that no evidence was pre- sented by the defense and that the de- fendant did not take the stand, and that the publication of, the state's evi- dence upon the’ strength of which the defendant was. held could not well be held to, prejndice the state’s case. He further. argwed{thatany' condition ex- isting in Burleigh:county’ with regard to friegdship-for' Thomas tall would be found to prevail in any other coun. ty in Nath Dakotas sy 88 Folloming the denial sof 4¢s ‘totion' for a change-of venue, the state moved for a continuance until Wednesday morning, advising that both the at- torney general and his assistant had considerable business in supreme court. Judge Nuessle ordered a 15- minute recess that he might learn from State’s Attorney McCurdy wheth- er there was any case which could be advanced on the calendar to. fill the void. Judge Nuessle announced its op- position to a continuance unless other grist could be found to keep the court occupied. Because Attorney General Langer and Assistant Attorney General Bren- nan find that ‘most everybody in Bur- leigh county reads the Bismarck Trib- une, and because the Bismarck Trib- une carried very full and complete re- ports of the preliminary hearing of Secretary of State Hall, the state, up- on the arraignment of Mr. Hall on a charge of embezzlement this morning, submitted to Judge W. T.. Nuessle on affidavit in which it expressed its be- lief that the state could not get a fair and impartial trial in Burleigh county and demanded a change of venue. “We have reason to believe that the people of Bismarck and Burleigh :oun- ty are so prejudiced against the state as to {revent the state from getting a fair and impartial trial,” said the attorney general and his assistant in their affidavit. They referred to the constant publicity which has been given the arrest of the secretary of state and to subsequent proceedings, “especially The Bismarck Tribune, a paper of large circulation in Burleigh county, has given wide publicity to the hearing, with facts and figures in minute detail from day to day.” The state felt that because of this fact there could not be obtained a jury in Burleigh county which had not al- ready formed an opinion. ‘The state commented upon Secre- tary of State Hall’s long residence in Bismarck and the many expressions upon the question of his guilt or in- nocence which it alleged had been made since his arrest. The court, up- on request of Attorney W. H. Stuts- man, for the defense, adjourned court until 1 o'clock this afternoon, in order that the defense might submit af ——{Continued on Page Three) —————— CAMP DODGE READY FOR 24,000 MORE WEN Camp Dodge, I!a., Dec. 10.—Colonel ; William M. Newman, chief mustering officer of the cantonment, announced today that Provost Marshal General Crowder had notified the adjutant general at Washington that Camp Dodge was ready to receive 24,000 more men. This was taken as another indica- tion of an early call for the final in- crement from North Dakota, Minne acta, lowa and parts of Illinois. ERUSALEM IN H ( TATE CHARGES Whitlock Tells Story Of German Atrocities As Practiced in Belgium ‘ Seneenoon BRAND VHITLOCEH Special Dispatch from’ MILTON BRONNER Of Our Washington Bureau Washington, D. C., D ister to Belgium, is on of the erimes of m: shields for their advancing troops, and deporting thousands upon! thousands of Belgians into virtual slavery in Germany. His repor' on file in the archives of the state department. testimony—if proof were needed 10.—Brand Whitlock, American min- reeord ¢harging the Germans ‘with sacreing civilians, using non-combatant natives as to that effect, made while he was still at Brussels, are They add the last “that allot the atrocites charged up to the Huns are based upon*hideous facts and not merely upon the inflamed imagination of hostile populations, Whitlock in his capacity asa diplomat of a power, still at that time at peace with Germany, report They did not want propaganda storie: ed faets to his superior officers. either for or against anyone. Washington wanted to know what was going on in Belgium, Whitlock reported the news sibdéi for. him to get it. pos! of the’flins passed. For a long time Whitlock’s reports have been locked up. y n And he’ got:it first-hand because th Americay legation was the clearing house throtehi which the vie with as much accuracy as it was tims. Now they are released, forming part of a 94-page book on ‘‘German War Practices,’’ issued by George Creel’s Committee on Public Informa- tion, and edited by Prof. D. C. Munro of Princeton University. { Whitlock’s first dispatches re; warding the cruelties of the Ger- mans were sent in 1914 when the kaiser’s legions were spreading death and terror before them. PLATA BOY LUDPS THE LOOP AND I FOND UF AN-GANE North Dakota Member of San An- tonio Aero Squad, Says There’s . Nothing Like it Plaza, N. D. Dec. 10.—Olaf J. Arn- ess, a Plaza boy who some weeks ago enlisted in 121 aero squad of the Unit- States signal corps and was assigned to duty at San Antonio, Tex., writes that he already has mastered the “loop-the loop” and that he likes the flying game. Recently while thou sands of feet in the air a car piloted by another student who had los: con trol in attempting a nose dive, hurlec past Arness to destruction far below FEDURAL OPERATION OF ROAGS SOLUTION Washington, Dec. 10.—Government operation of the railroads as the way out of the present transportation dif ficulties seemed to be gaining ground today among most of the officials up cu whom President Wilson is depend ing for advice on the subject. Those in touch with the situation said they expected to see the question decided this week. NEAR ASPHYXIATION Entire Family Endangered by Gas from Leaky Coal Stove Regent, N. D., Dec. 10.—Mr. and Mrs. A. M. Wensel and baby and Miss Krough, residing near Regent, nar- rowly escaped asphyxiation when a coal stove which had been stoked for the night leaked gas in such quanti- ties that all of the sleepers were part- ly overcome when Mr. Wensel was ar- roused. Mrs. Wensel’s condition was so serious that it became necessary ‘to call a physician. , “Summary executions took place at Dinant,” he wrote, “without the least semblance of judgment. The names and number of the victims are not known, but they must be numerous. Among the persons who were shot are: M. Defoin, mayor of Dinant; Sasserath, first alderman; Nimmer, aged 70; consul for the Argentine re- public, Victor Poncelet, who was ex- ecuted in the presence of his wife and seven children; Gustave and Leon Nicaise, two very old men. Jules Monin and others were shot in the cellar of their brewery; Camille Pistte and his son, aged 17; Phillipart Piedfort, his wife and daughter, Miss Marsigny. Witnesses Execution. “During the execution of about 40 inhabitants of Dinant, the Germans placed before the condemned their wives and children. It is thus that Madame Alin, who had just given birth to a child three days previously, was brought on a mattress by German soldiers to witness the execution of her husband; her cries and supplica- tions were so pressing that her hus- band’s life was spared. “On the 26th day of August German soldiers entered various streets of Louvain and ordered the inhabitants of the houses to proceed to the Place jie la Station, where the bodies of aearly a dozen assassinated persons were lying. “Women and children had to wit-, ness the execution of many of their fellow citizens who were for the most part shot at the side of the square. The women and children, after having remained on the square for more than 15 hours, were allowed to depart. “Three. Gardes Civiques of Louvain were taken prisoners and sent to Ger- many to the camp of Muenster, where hey were held for several weeks. “One of the most sorely tried com- munities was that of the little village of Tamines down in what is known as the Borinage, the coal fields of Charleroi. “Tamines is a mining village, a col- lection of small cottages sheltering about 5,000 inhabitants, mostly all poor laborers. The little graveyard, in which the church stands, bears its mute testimony to the horror of the event. There are hundreds of newly made graves, each with its small wooden cross and its bit of flowers; the crosses are so closely huddled that 'there is scarcely room to walk be- tween them. They are alike and all bear the same. date, the sinister date of Aug. 22, 1914. “But whether their hands were cut MICHTY DRIVE est Army. on French Line Since War Started SECRETARY BAKER IN Counter Move Has Won Back One- third of Ground Lost in the Byng Offensive TAKE 200 PRISONERS, Berlin, Dec. 10.—Hungarian in- fantry in the Piave Delta yester- day stormed the Italian bridge- head on the Sile river, east of Caposile, and took prisoners more than 200 Italians, it was officially announced today by the German war office. Military officials of the central Powers have signed an armistice with the Russian and Rumanian armies on the Rumanian front, between the Dnister river and the mouth of the Danube, the war of- fice officially announced today. Washington, Dec. 10.—Germany has massed on the western front her greatest army of the war, Secretary of War Baker declared in his weekly war review made public today. To meet this menace the United States must speed up its military prepara- tions, ‘the secretary adds, with a warn- ing that the enemy is preparing to put, into execution in France plans he has been maturing since the defeat of the Russian armies at Tannenberg early in the. war, The peace negotia- tions with Russia have permitted the massing of men on the western front for that purpose. “The united nation must stand squarely behind our soldiers,” the sec- retary says. “It is not sufficient to prepare to fight. We must prepare to win.” 5 The review asserts the German counter offensive:on: the Cambrai front has been successful in winning back less than one-third of the territory \ captured by General Byng. The state- ment also asserts that American engi- neer troops “exchanging shovels for rifles, fought off the enemy, side by side with the Rritish.” The, lessoniof the German exhibition } of strength is then taken’ up. ' This German parring thrust,’ the most powerful and successful blow aimed at the British during the last two and a half years, coming as it did, immediately after the British vic- ; tory in the same area, serves to em- phasize the. reviving strength of- the Germans in the west. “We must recognize plainly the sit- uation the eastern theater has brought about a very decided change in the stragetic possibilities of the military situation in the west. “Germany, by leaving only skeleton divisions in the western area, by con- centrating all available guns and mu- nitions in the west, has been able to mass a relatively greater force than she has. ever been able to mobolize in France in the past.” “This explains the success which the enemy was able to achieve in driving the British back from Cam- brai. It would not do for us to mini- mize its importance. “For a long time past she has been prenaring his plans for just such even- ; tualities which would arise when Rus- sia entered upon negotiations for a separate peace. | “The magnitude of the task before us can be more fully realized when \ measured by the success the enemy is able to regain. i Speed Up Efforts. ' “It means we must speed up our ef- forts. The united nation must stand squarely behind the soldiers. It is not sufficient to prepare to fight; we must prepare to win.” The‘review also hints at an expect- ed German thrust against the French front. The statement describes events on the Italian front without adding to the public information as to what was transpiring the, or an attempt to predict the outcome of various Austro- German thrusts. It adds significantly: “Our declaration of war against Austria-Hungary now associates us im- mediately with the struggle going on in Italy.” Regarding the struggle going on the Russian front, the statement says ‘the agreement covers the entire line “from the Baltic to the Black sea, as well as the region of the Caucasus.” FARM LOAN BOARD + MOREASED RATES ! Washington, Dec. 10.—The Federal Farm Loan board today announced an increase in interest rates to farmers from five to five and one-half per cent. NEWLY.WEDS HOME Wilton Pastor and Wife Retnrn ; from South Dakota Honeymoon | Wilton, N. D., Dec. 10.—Rev. J. Brandt, pastor of the Wilton German Lutheran church, and his bride are ON WEST FRONT} OM _Teutons Have Massed the Great- General Kaledines in Southeast. APPEAL STATES CASE; DS OF THE ALLIES CERMANS PLAN [COUNTER MOVE IN RUSSIA TO ern Part is Seizing Food Supplies BOLSHEVIKI BEATEN In Proclamations Party of Le- nine Called ‘‘Enemies of the People CITY TAKEN. London, Dec. 10.—Bonar Law, chancellor of the exchequer, an- nounced in the house of commons today that Jerusalem, after being surrounded on all sides by British troops, had surrendered. N THE REDS IN RURAL DISTRICTS |New Weather Record Made Coldest December 10 in His- tory of Station CONTINUED, INTENSE COLD UNPARALLELED TEN DIE FROM COLD. Columbus, ©., Dec. 10.—With temperatures ranging from two to eight degrees below zero in all sections of the state, Ohio today experienced the coldest Decem- ber weather since 1880. Three deaths at Cleveland, three at Springfield, and four at Youngstown, were reported due to excessive cold. Three other persons are probably frozen, thou- sands suffering from cold and of gas pressure too low for cooking was reported from Youngstown. ‘For continued and intense cold con- sidering the period of the yecg, the temperatures of the past four days Iondon, Dec. 10.—The counter revo- are without equal in the history of lution in southeastern Russia, under the leadership of Generals Kaledines, Dutoff, and Korniloff, apparently is aimed at seizing the authority in that region, and in cutting off food sup- plies from Siberia. According to the proclamation of the Bolsheviki gov- ernment, General Kaledines’ forces are menacing Ekaterinoslav, Kharkov and Moscow. In the provinnce of Or- enburg, the Bolsheviki have ‘been ov- erthrown by General Dutoft. Tcheliavinsk, an important railwav center in Northeastern Orenburg, is beseiged by General Dutoff’s' ‘troops. In the Cacasus, General Karauloff is attacking Tchechenrev and Ingusher. The proclamation says that the “en- emies of the people” have undertaken a last attempt to destroy a cause of peace and says that the constitution- al democratic party is providing the means for the reyolt. WAR SUMMARY. (By Associated Press.) Jerusalem the Holy City of the Christian religion for more than 1,200 years in Moslem has finally been wrested from the Turks. It has sur- rendered after being surrounded by the victorious Palestine army. ‘he ultimate fall of Jerusalem has been’ considered virtually assured since the British took Jaffa, the city's seaport in mid-November, and'shortly afterwards pushed within sight of Je- resalem! In northern Italy the Austro- German efforts to penterate the Ital- jan mountain ‘barrier have been sus- pended hut apparently the attempt to break the Italian line is being renew- ed along the Piave. Werlin reports a success near the moult: of the river, about eight miles from the Adria‘ic, and three miles west of the main river bed. Official announcement is made by Berlin that the signing of an armistice with the Kussian-Roumanian army on the Roumanian front, ‘he agreement embracing the line from the Dniester to the mouth of the Danu%e. Civil war has broken out in Russia and the Bolsheviki regime apparently will be put to the test. The Petro- grad government has issued a proc- lamation announcing that General. Kaledines, Korniloff and Dutoff have begun a revolt in southeastern Euro- pean Russia. The Bolsheviki announcement de- clares that the constitutional demo- crats are assisting the Hetmen of the Don Cossacks and his fellow-military leaders who are said to aim at cut- ting off food supplies and in seizing power from the Black sea to the Ural mountains as well as in the Cacasus. olsheviki troops have been ordered to take the field against the counter revolutionists. MOTT HAS NEW CARD COMPANY Capt. 8. C. Boyd, Recently of Fort Snelling Training Camp, is Drillmaster * Mott, N. D., Dec. 10.—R. E. Trous- dale, R. A. Grant, O. C. Burud, S. J. ‘Boyd and M O Berg are directors of Mott’s new home guard company or- ganized with a charter mem)ership of 86 Captain Boyd only recently re- turned from ten weeks’ training in the second officers’ camp at Fort Snelling, and the Mott home guard prides itself on having one of the best drill- masters in the state. Captain Boyd is a veteran of the Spanish-American war, and. although over the age limit, he has made two unsuccessful efforts to get into the present scrap. | | the local weathed bureau station. When a minimum temperature of —26 degrees was recorded this morning,! another low record was established, the nearest approach being —24 de- grees on Dec. 10, 1906. Observer Foberts explains the con- tinued cold as being due to the de- layed movement of an area of high pressure over Saskatchewan and Man- itoba. These “highs,” he says, gen- erally take about three days to pass from Alberta to the Unper Lakes, but in this instance has required more than a week and the end is not in sight. He predicts continued cold to- night and Tuesday, fJiowed by ris- ing temperature on Wednesday. No storms are in sight, and fair weather is expected during the greater part of the week. HUNDREDS PAY LAST RESPECTS For Bismarck Twenty-Six Below This Morning TD DRL TREACY Impressive Funeral Services Held for Prominent Bismarck Man at Masonic Temple REV, GEORGE BUZZELLE IN SPLENDID ADDRESS A large concourse of people assem- bled at the Masonic temple Sunday afternoon to pay their last respects to the memory of the late Dr. Robert H. Treacy, former state veterinarian and head of the Dakota-Montana divi- sion of the United States husbandry department. The services were in charge of Rev. George Buzzelle, rec- tor of St. George’s Episcopal church, and the Masonic body of Sigmarck, un- der Worshipful Master Theodore Kot- fel. W. C. Casselman was master of the Masonic ceremonies. The Masons and the Boy Scouts of the city at- tended in a body. DEATHLIST HALA BLAST 5 OVER 3000 As Weather Clears in Stricken City, Relief Task Becomes More Simple SUPPLIES ARRIVE IN LARGE QUANTITIES Members of Imo Crew Blame Ac- cident Upon the French Mu- nition Boat Halifax, N. S. Dec. 10.—Daybreak today found Halifax rapidly emerging from the chaos into which the city was plunged by the explosion of last Thursday. Tne successive snow and rainstorms which followed the disas- ter greatly affected all efforts to alle- viate the sufferings of thousands of injured and homeless people, but the return of fair weather made possible more systematic work. Relief Coordinated. All relief agencies now have been coordinated. Enough doctors and |nurses have reached the city to take care of the hospital duties. A con- siderable quantity of supplies already have arrived and more are on the way so that the danger of the famine has peel averted and there is clothing for all. Lumber, glass and other building material, are needed in great quanti- ties to make repairs. There was a slight flurry of snow early today, but during the forenoon the skies brichtened and clearing weather was indicated. Snow, which covered the. sirects, was a frozen mass at daylight. Soldiers were sent early to the ‘burned areas oboe search for hundreds of bodies in the ruins. Trains brought hundreds of visitors despite the urgent request that peo- ple not needed stay away. Supplies from New York arrived last, night on a special train and were promptly distributed. ‘ Blamed on Monte Blanc. Members of the crew of the Belgian steamer Imo assert that the French munitions steamer Monte Blanc was to blame for the collission which caus- ed the explosion Thursday. Their, version of the tragedy fot-'' lows: ' “The Imo was proceeding down ‘the harvor toward the sea when the Monte Blanc was seen coming toward her apparently steaming for the Bedford Basin. The French vessel was on the Dartmouth side of the narrows. She blew two blasts of the whistle, indi- cating that she was going to star board. ‘The Imo replied wita uv ‘blasts. The Monte Blanc turned and the crew of the Imo thougut that they could pass in safety, but the distance ‘between the two vessels was too short and the Imo rammed the Monte Elanc on tho starboard side.” ‘Neither vessel appeared to be ser- jously damaged by the collision. After they separated, the Monte Blane ueaded for one of the city piers. The Imo went on, the skipper’s inten- tion being, the crew believed, to get into shallow water in order to find out exactly what damage had beea done. Flames Detected. The seamen received their first The body lay in state at the Masonic, warning of the danger when they saw temple from 10 o'clock a. m. until the ‘fiames leaping from the decks of the time for the services at 3 o’clock.|.Monte Blanc. The bier was surrounded with beauti- ful floral tributes, the collection con- taining numerous set pieces. The music was furnished by the Presby- terian quartet. Interment was made in St. Mary's cemetery by these pallbearers: Dr. H. H. Coaneour, S. W. Derrick, A. P. Lenhart, Frank Reed, R. L. Best and L. E. Heaton, the latter of McKenzie. The honorary pallbearers were C. M. Herbert, A. W. Lucas, E. a. Hughes, Dr. W. F. Crewe, Capt. I. P. Baker and Dr. Butler. Rev. Buzzelle gave a most fitting sermon. He said in part: “We are gathered here this after- noon to do honor to the memory of} one who has made for himself a large and safe place in the onrushing life of the community, and while you all unquestionably knew him far better than I, yet there stands out in the ac- cepted record of his Ifie many things that well account for your presence here, and the almost universal feeling of loss and sorrow on the part of the community. No man can live to him- self and carve a niche in the affec- tions and regard of his kind. He must give of himself and of his possessions be they what they may. The Master's words sometimes seem hard to our dull understanding. and many have mused for long over fhe statement that the man who would gain his life must lose it. And yet how infinitely true. Life consists of so much more than eating and drinking, of sleeping (Continued on Page Three) U. S. Supreme Court Upholds N. D. Inheritance Tax Law Washington, Dec. 10.—The supreme court today sustained the North Da- kota inheritance tax law levying a tex of 25 per cent of property willed to | oft or not, whether they were impaled nome from a brief honeymoon in aliens living in foreign countries, but | South Dakota, jaoe one ane »i half to two and one: | the court today. quarter per cent on bequests to resi- dent citizens. Idaho decrees upholding the valid- ity of the prohibition law and declar- ing it a reasonable exercise of state police powers were also upheld by Then came the ex- plosion. The Imo was caught in the tidal wave and riding on its crest was hurled on the rocky beach. The sail- ors declared that no attempt was made to leave the ship until she struck and that every man was in his plate. Tue captain was standing on the bridge and his head was blown off. The wheelman was at his post, and his body was found in that posi- tion when the steamer was examined later. The body of the pilot was found along the sore near the hull, and it fs thought he was blown from the deck. Every man above the deck was killed. When the vessel reached the beach the survivors rushed up from be- neath decks and scrambled ashore. Thirty-one men escaped. Naval relief parties found them wandering about in the brush. The deck cargo of the British steam- er Pickton laden with munitions caught fire last night and only the quick and courageous work of a Can- adian company of riflemen precented another big explosion in the harbor. The mten boarded the ship, threw the cargo overboard and checked the flames before they could spread to the holds. The vessel was taken to sea today and sunk. Arrest of Germans. Wholesale arrests of German resi- dents of Halifax were begun by the police today. This action was taken under instructio:: from the military authorities. Sixteen Germans were taken in cus- tedy within a short time. Military officers after an inquiry released a few of them. The others are in the county jail. The authorities refused to disclose whether they had obtained evidence associating Germans with the explo- sion. A number of citizens of Ger- man birth heretofore have been allow- ed ful! liberty with the exception that they were required to report once a month. Burial of the victims of the explo- sion and fire here Thursday was be- gun today. “Men wanted immediately at Fair ( on % *TeRS or}