The Bismarck Tribune Newspaper, December 14, 1917, Page 1

4 én mn f af A J L te . , “«& i} ’ . ; i , with an address of an hour's duration, The Weather Generally falr. THIRTY-SEVENTH YEAR, NO. 204 Judge Wade Scores Those Who Stir Up Class Discontent In Address Lasting More Than an Hour srrrez riounn on He Lays: Bare Seditionary Record of Defendant. . Address by Socialist Ora=|sritish Beaten Back in Attempt tor Full of Insult and Contempt. THE BISMARCK TRIBUNE = BISMARCK, NORTH DAKOTA, FRIDAY, DECEMBER 14, 1917. MRS. O’HARE SENT CHILUNS HEL ARE FREED BY ~OFFICML ORDE Four Thousand Exchanged for a Like Number of Slav Officers . BULLECOURT FRONT to Recover Lost Cembrais (ORNLOFE IS DEFEATED BY THE BOLSHEVIK After Loss of Troops Falls Back to New Positions for the Next Stand | TRETZKY SAYS. PEACE TERMS AFTER ARMISTICE Military Cadets Causing Trouble Along the Black Sea—Reds Trenches | Scene Rare in History of Nation’s jur- — isprudence. Five years in the federal prison at Jeffersonville, Mo., and the costs of the trial were the penalties imposed against Mrs. Kate Richards O’Hare, convicted by jury under the espionage act of June 15, 1917, by Judge Wade in United States district court at 3:35 this afternoon, The sentence followed an appeal to the court by the convicted woman and a charge by Judge Wade in response which probably are without parallel in federal court annals of the Northwest. Mrs. O’Hare consumed more than an hour in addressing the court on the premise that her conviction and sentence would plunge the country into a social revolution. “T have a hundred thousand friends in America with whom | have worked side by side; they have looked into my face and have heard my voice. Not ten thousand judges not ten thousand juries could convince these people that I am a criminal. Think, in this time of stress, before you do something that may stir up class, hatred and prejudice when our hope is a united nation.’’ Judge Wade's reply was: “This is a government of majorities. The conceited minority must give way to the will of the majority or be crushed by the majestic power which is America. They must yicld that patriotism which means obedience to the ‘established law, which is the people, or they must be crushed as traitors.’’ Judge Wade fixed the amount of the appeal bond, usually $10,- 060, at $7,500, and extended it for ten days, providing the convict does not leave this jurisdiction. This, said the court, does not. mean that Mrs. Wade. may not visit Fargo, or any other town in. this jurisdiction... ° eee Pye jt a Pa Motions of Attorney Lovell for the defen: ewed his motions for a new trial on the same grounds as presented during the case, and also made a motion for the arrest of judgment on practically the same terms. The most important contention of the defense was that the espionage act of June 15, 1917, violates the first amend. ment to the federal constitulion, Judge Wade held that the indict: ment Was good; that evidence: in-.support of the indiement was ample; and-that the questions were ‘purely those of fact—of which witnesses were to be believed. ‘There wag'no claim that the evi- dence’ itifroduced at the trial had surprised the defendant, nor that the information contained in the indictment had not been sufficient to advise her of the charge against her. Both motions were over- ruled, and exceptions were allowed. Mrs. O’Hare’s Talk. Using the terms and the jestures familiar to everyone who has followed socialism or attended socialist meetings; reading much of her address from notes which on the table before her, Mrs. O'Hare then proceeded to defy Judge Wade to sentence her, for fear that the meeting out of justice to one standing so high as she in the councils of the socialist party might precipitate a social rev- oluton and peopardize America’s su n the war with Europe. She attacked the conduct of the case; Judge Wade’s rulings on points of law; the intergrity of the court; the honesty of the prose- cution and the intelligence of the jury. She told of having delivered her Bowman speech in North Carolina, when the draft riots were at th highest; of delivering it to 10,009 people at Bisbee the day after loyal Americans had driven [, W. W. sympathiz with here doctrine out cf that city, and the-day preceding the Bisbee vote on the strike: she told of de- livering it in the northwestern lumber regions, during the I. W. W. troubles there. Wherever trouble, hatred, discord existed, any- where in America, there, by her own: confession, was this stormy petrel with her gospel of despair and distrust. Judge Wade’s Address. Judge wade preceded his sentence NATION TN GRP OF COLO WEATHER Washington, Dec. 14.—Most of the country in the grip of storms and cold weather today and under cover of snow throughout its northern parts, almost from the Atlantic to the Pa- cific. T-ail and wire traffic were much impeded. The unseasonable cold ex- tends to the gulf states. Snow was heaviest in the east, from the Great Lakes to the Gulf, with a fall of a foot or more in interior New York. It was caused by a disturb- ance, which has been moving east- ward, and was central this morning on the south New England coast. Snow was forecast for tonight and probably Saturday in northern New England and along the Great Lakes. The cold extends as far as Palm Beach, the weather bureau officials predicting a chilling frost as far south as that city. THOROUGH PROBE OF WAR PLANS Washington, Dec. 14.—A house sub- ringing with denunciation for treason, treachery and sedition; with contemi for the sowers of discord and dis trust and despair and hatred; wi:h condemnation for those who have come to our shores to realize the vis- jon of a thousand years in darkene: Europe and wo can find nothing to praise but everything to abuse in America and American institutions. ‘Phase by phase he riddled the de- fendant’s allegations of patriotism and loyalty. Proof after proof he pro- duced of her bitter hatred for all forms of government; of her repeated and insistent and determined efforts to arouse the common people of Amer- isa against their government and to induce them to forsake their country in this time of stress and, by with- drawing their support and fealty, to compe! America to emerge from this war vanquished and beaten. He spoke as follows: “These are times that try men’s gouls. We must have patience, and courage, and loyalty, and faith and confidence and patriotism. And what is patriotism? The highest form of patriotism is willing to submission to lawfally constituted authority. And} where does lawful authority exist in| this country? In the people of this! nation,..But as men differ as to poli- cies, tl *>>jority must control; the min ;or /__y,Vield to the voice of the Ra oa is the only way in which a “fic can exist and en- dure. And how do the people express themselves in this country? Through their agents © selected to speak for them—the members of congress and the members of the senate, and the president of the United States. These servants of the people have spoken— congress and the senate almost unan- imously—upon this war. No body of ~ (Continued on page four) sion. will be called. ‘+ deavoring to capture the trenches they committee to thoroughly investigate | the conduct of the war by the navy) was created today in an executive ses-| ble the number of its consumers, and Hearings will be arranged soon. | Secretary Daniels, bureau chiefs and| a sound and profitable one. officers who have been on duty abroad | Tracy of Valley City stands back of London, Dec. 14.—The Russian au-| | thorities have ordered the release of | ‘all civilian German prisoners in ex-; {change ior 4,000 Russian officers in! Germsn prisons, according to a dis- patch from Haparanda, printed in | Stockhoim and forwarded to the Morn- ,ing Post. It is reported reliably, the; dispatch adds, that Russian troops| have been ordered to evacuate Fin- land. The commander of the forti- fications at Sveaboiy is said to have acknowleriged officizliy the independ- ence cf Finland Bitter fyhts. was in progress al- mecsi the entire day cf Wednesday vast of [ulleccurt, where the Bava- | rians attacked Britisp positions, ac- cording to a Reuter’s dispatch from British headquarters in France. As the result of the attack, the enemy remained in possession of some} ground be had taken early in the as-| sault “Rut to say that he is holding our! trencies,” the Reuter correspondent | adds, “is incorrect, simply because | there arc no trenches left where his | new ‘bit uf front now runs. ‘He has veen digtinz violently under a cease- less Lurrassing fire tc try to convert shelt holes and ovtflanked tra- $s ite some sert oc. cover. Being = ; Ou the level grourd and with no ad: yantuge of positicn for observation, | the tofling revd-ustment of territory does.not, matter,” Pr rrer am ‘Falks“with prisoners give the idea ‘ that an attack of considerable magni- ; tude was designed, but the intensity | of our barrage prevented ‘its develop- | ment. | BERLIN STATEMENT. | Berlin, Dec.:44.+-British troops en- | had Jost'‘east of Bullecourt, onthe! | Cambrai battle» front, were. beaten |. hack, yesterday, ‘the German: general | | staff announceéd.. On the front in eastern France the} French artillery fire increased. GSHAREK GIEN ~ OPPORTUNITY 10 FUNC 6 First Mortzage Bonds Secured on Plant will Furnish Money to Build Extensions EQUIPMENT PROVIDED FOR CITY OF 15,000) Sen. Frank E. Ploynar of Vlley City, who controls the Valley City and | Bismarck gas works, is offering the people of the Capital City an oppor- tuniiy to finance needed extensions to the ‘oca} plant. A hundred ‘:heusand | dollar |ond issue in denominaticns of | $250, maturing in 20 years and bear-| ing iuterest at six per con‘, secured | oy a mortgage on the loca! plant, | «n which the company places 2 valua-| tion cf $250,000, is offered. The in-| terest on these bonds in 20 years will) total $306, and interest and principal at time of maturity will cggregate) $520, or more if interest is allowed to accumulate and compound. The Bismarck gas plant now has} storage capacity for 50,000 cuLic feet, and it is manufacturing anc selling) 45,000 cubic feet daily. Lismarck | families to the number of 450 arc con-| sumers of gas, and 834 mile3 uf mains | are in operation. The company em-| ploys 12 men and has an aanual pay-| roll of $15,000. It began making gas! Nov. 27, 1916, and has supplied con-/ tinuous service since that date a’. $1.85 gross and $1.75 net. | Senator Ployhar, who stands behind this enterprise, came to Valley City; as a printer; became proprictr and) publisher of the Daily Times-Revord, | ‘and laumched Valley City’s first gas works, which he has made «# financial success, now serving 725 families, em-| ploying 10 men, with an anuzel pay-| roll of $11,000. In his Bismarc' piant he has built for the future, instailing | equipment sufficient to supply gas to) a city of 15,000. The bond issue will) all go back into the extension of mains | to the northwestern section of Bis- | marck, which has not yet been piped. Without materially increasing its over-| head expense, the company can dou- | Mr. Ployhar regards the investment as John | the bond issue as trustee. Take City MUST SIGN ARMISTICE. London, Dec. 14.+-Leon Trotzky, the Bolsheviki foreign minister, according to a Reuter’s dispatch from Petrograd, announces that if an armistice forthe eastern front is signed at Brest-Litovsk, the Russian deleg: are empowered to enter into peace negotiations. Petrograd, Thursday, Dec. 13.—In the battle near Bielgorod, according to a Bolsheviki staff report, General Korniloff’s Cossacks were defeated. They retreated to Vasileika. In connection with the battle at Ros- tav, the evening newspapers report the Cossacks as victorious, the Bol- sheviki forces having retreated across the Don river to Nakhitcheva. Korniloff’s: Loss. The staff report on the Bielgorod fighting says that the Korniloff forces lost 50 killed’ and 80 prisoners. The report adds that General Korniloff has. disappeared, ‘A descripuon of the Rostov. fight- ing says that shells fired by Bolshe- viki gunboats in the river missed their objective, but landed in the bar- racks of:a Cossack detachment, which had - decided to remain neutral, but which fought for Kaledines when dis- turbed by the shells, It is reported that General Kaledines is prepared to negotiaie with .the/Ro}sheviki in order to. avoid’ further’ bluddshed around Rostov. : occuPy City. London; Dec. 14.—Bolsheviki troops have occupied Tamanovka and Kaluga, according to-a Reuter's dispatch from Petrograd. : Tamanovka was occupied by troops from, Petrograd, while Kaluga was cantured without much fighting. The counter: revolutionary troops there | were disarmed and arrested, and Bol- sheviki authority restored. The commissioners with the Black sea fleet have telegraphed asking for an immediate dispatch by land and water of all Black seat detachments now ashore. They also asked for a large number of. machine guns. The commissioners report that military cadets are attacking Rostov with armored cars. Tamanovka is near Bielgorod about 350 miles south of Moscow. There is a railroad town named Kaluga which lies about 100 miles southwest of “Moscow. WAR SUMMARY. (By Associated Press.) Bolsheviki forces have been success- ful in the first clashes with the coun- ter revolutionists, and it is reported they have captured the towns of Tam- anovka and. ‘Kaluga. General Kale- | dines is beseiging Rostov-on-the- Don, the largest city in the Don province, and heavy fighting has been in prog- ress there since Sunday. Severe fighting has been going on in and around Rostov, which is only 25 miles southwest of Novo Tcherkask, the Don Cossacks’ capital. Kaledines’ troops beseiged the city, while Cos- sack forces within Rostov attacked the Polsheviki. The losses are re- ported to have been heavy on both sides. , Artillery and infantry fighting has been in progress on the western front, to which the Germans are still rushing troops and supplies. The en-; emy has attempted no further massed attacks since Wednesday. German artillery has been especial- ly active in the Scarpe, in the Arras area, and northeast of Ypres, in Fland- ers. Bitter Fighting. East of the Brenta river, on the northern Italian front, there has been further bitter fighting. Austro-Ger- man troops, reinforced by fresh re- serves, attacked the Italian positions | in Valleys descending toward the riv- er from the Col Della Beretta region. Italian resistance held the attackers and forced them to give up the effort after having suffered heavy losses. German bombs have killed a num- ber of American railway engineers in a town behind the British front. In another town, a German bomb fell in a street through which American troops were marching. Although the missle fell very close, no injuries re- sulted. COAL MOVES FREELY. Washington, Dec. 14—Reports to the fuel administration today said that coal was moving freely from the lake ports to Ohio towns under the di- rection of Homer Johnson, federal fuel administrator for the state. Gov- ernor Cox, who had threatened to take the situation into his own hands, has turned. over to Johnson, it was said, information gathered by state officials showing where coal is most needed. DODGE DEALERS CATHER HERE TO DISCUSS TRADE Thirty-five Slope Automobile Men in Bismarck to Meet A. C. Templeton BIG BANQUET AT McKENZIE TONIGHT Guests of M. G. Gilman, Local Manager, Enthusiastic Over Outlook Bismarck as an auiomobile center was turther atuated today when thirty-five dealers of the Missouri Valley ‘Motor company gathered for a conference with A. C. Templeton of Minneapolis, district manager of the Dodge company. The day was spent in going through the plant of the local distributors of the Dodge and Chalmers cars under the direction of M. G. Gilman, local manager of the Missouri Valley Mo- tor company. Unique decorations were used throughout the plant, one of tue most complete for service and equipment in the Northwest. Most of the day was spent in going over the building an] in talking over the Dodge and Chalmers prospects for next year. The @ealers were enthusiastic over the outlook and expect a big demand next year. This evening a banquet will be held at the McKenzie hotel. .: Mr. Gilman will be toastmaster and some unique stunts have been arranged. Appro- priate decorations especially designed for. the occasion will, be -usad, There will be moving pictures ,showing fac- tory activities and the famous Death Valley Dodgé film will, be one of the top line attractions. Mr. Gilman is enthusiastic over the prospect of increasing the distribu- tion of automobiles from Bismarck. He is planning a vigorous campaign. Coming here a few months ago trom’ Minneapolis, Mr..Gilman has- made a host of friends. A. C. Templeton, one of the live wires in the auto trade, was impressed with the local field. His address to the dealers this evening. Among those attending are:). A.C. Templeton, representing Dodge Broth- ers, Minneapolis; LL. A: Tavis, Man- dun; J.-H.’ Newton, Mandan;::J. P. Hess, Mandan; P. €. Remington, Bis- marck, B. C. Marks, Bismarck; R. M. Thurston, Bismarck; R. B. Taney, Bis- marck; Bruce Ellis, Bismarck; N. C. Hanson, Bismarck; Mr. Heath, Bis- marck; Joe Geiss, Glen Ullin;. M. Smith, Mandan; Chas. Waechter, Glen Ullin; Frank Glines, Hazelton; Matt Bayer, Dickinson; F. Schumacher, Zee- land; Ben Finnegan, Mandan; R. D. Ward, Garrison; H. O. Batzer, Hazel- ton; R. B. Lewis, Wilton; H. 5. Wild-| fang, Sterling; C. V. Danielson, Wil- ton; John Hoffman, Ashley; D. H. Houser, Napoleon; Chas. Lorenz, He-| bron; Val Hoerner, New Leipzig; R. J. Fleck, Richardton; Carl Brhel, Bis- marck; M. G. Gilman, manager, Mis- sourl Valley Motor Co. COAL LANDS THROWN O? CASE 10 of Venue. Dakota to Prove its Charges. After arguments consuming a full day, and a half, in which the state again and again returned to its allega- tion that because of its double-barreled affidavit filed against the county of Burleigh and the pregiding judge of this district no discretionary powers remained wita the court, but that it must arbitrarily remove the Hall case to some other jurisdiction, Judge James A. Coffey at noon today denied the state’s third motion for a change of venue in the trial of Secretary of State Thomas Hall, charged with the embezzlement of $3,400 of the automo- bile registration funds of North Da- kota. “Ordinarily, said Judge Coffey, “a man has a right to be tried in the community where he has lived. There should be some reason, judicially de- termined, for the removal of his case to some other county. We,cannot ar- bitrarily deprive the defendant of his rights by filing an affidavit of pre- judice against the judge. It seems to be the attitude of the state in this case that the defendant is deprived of his right to have anyone judicially determine the grounds for removal. I feel that your argument is fundament- ally unsound.” Not another word was heard today from the state relative to the grand TOWNLEY’S. CHAIN FIVE CENTS NCED TO FIVE YEARS STATE LOSES Thi TIME IN EFFORT 10 MOVE HALL ANOTHER COUNTY Judge J. A. Coffey of Jamestown Rules Defendant’s Rights Cannot Arbitrarily be Set. Aside on Demand of Prosecution for Change POLITICS DUE FOR SWAT WHENEVER IT RAISES ITS HEAD IN PROCESS Court Calls Down Attorney General for Alleged Effort to Make Political Capital out of Arguments—Defense Demands North jury having been planned as'a Hall whitewashing committee. What he seemed to regard an effort on the part of the state to inject poll- tics into the Hall trial was severely scored this morning after another en- tire forenoon had been occupied in ar- guments on the state's motion for a change of venue. The state had introduced affidavits signed by isham Hall and o:hers who were familiar with the petitions call- ing for a grand jury and who swore that Attorney General Langer’s fail- ure to act on the alleged frauds for whose investigation a grand jury had sought, and his activity, on the other hand, in the Hall case, had occasioned unfavorable comment throughout the county, and that there was adverse feeling because Hall had been prose- cuted and the parties responsible for alleged fraud in Bismarck had not. “This is all immaterial to. this case,” said’ Judge Coffey. “The thing this court is interested in is whether a feeling exists for or against Mr. Hall, and nothing has been introduced to show that it does. “Your argument,” in response to As- sistant Attorney General Brennan, “seems to be that it would be to the advantage of the state for the court to appoint some other prosecutor in this case and to relieve the attorney general of. further responsibility. “T think all of this is entirely im) terial. 1 do not feel that the. merits of the prosecution should be grounded on any feeling toward the attorney general's office. I do not believe such STORE SCHEME NO ~WEETING APRON Farmers’ Union Delegates Divid in Support—Some Outspoken in Oppozition a feeling exists anywhere against any official who is honestly and fearlessly doing his duty. “I wish this political argument might cease. If any political monster rises his head in this case I shal! smite ;, whenever and wherever it appeaks. : The court could not be convinced that the attorney general had made himself so unpopular in Bismarck and Burleigh county as the attorney gen- Townley’s chain store scheme, by; which ‘the Nonpartisan leagne chief hopes to control all North Dakota mer-) chandising, is not meeting with un-| divided approval from delegates to the | annual convention of the State I'arm- ers’ union, D¢fore whom it has been waced for endorsement. The Farmers’ union at Still as suc- cessfully embarked in cocperative; merchandising on its own behalf, and/| it regards the Townley scheme as: in- imicable to the future succe3s of the} union entesprises. Rev. J. A. Harris of Mercer, »ruminent in ivague coun- cils in the lest session of legislature, is outspoxen in his oppositicn The untor remained in s¢ssict. until after midnight this morning, and re- sume:! its Lusiness confers ices in ex- ecutive version this morniag. Officers will be civcied this afternvo+t TO ENTRY HERE Washington, Dec. 14. — Secretary | Lane today announced President Wil-| son's approval to the restoration of | more than a quarter of a million of | acres of withdrawn lignite coal land: in the southwestern part of North Da- The land has been classified as coal | land at the minimum price, and fs} available to those who may wish to} IN HALIFAX IS PROCRESSIN Halifax, N. S. Dec. 14.—With the relief situation so well in hand that the Massachusetts unit, first on the ground here after the great fire and explosion, weng home today. Each day has seen great progress made. The continued cold, however, has retarded work in the district laid bare by the blast of the munitions ship, and it will be days perhaps be- fore the snow has thawed sufficiently to enable the soldiers and workmen to drag the ruins for bodies known to be there. The big public funeral serv- ice planned for today was postponed until Monday because of the difficulty of opening graves. Perhaps the most touching aftermath of the disaster is the fear expressed by citizens that for the first time in its history, Halifax this year will not celebrate Christmas. open mines. ' RELIEF WORK its services no longer were required, | eral's assistants seemed to believe and to wish the court and jury to be- lieve. Judge Coffey granted Assist- ant Attorney General Brennan's re- quest that permission be allowed to present affidavits on behalf of Attor- ney General Langer in response to affidavits introduced by the defense tending to indicate that the attorney general had declined to act in a case which some Bismarck people believed should be prosecuted. “Before we get through with this,” said ‘Mr. Brennan, “we will also bring out the exact truth as to these charg- es of fraud in Bismarck city elec: tions.” “Nearly all of the discussion and all of the affidavits brought into the case do not affect the issue,” said Judge Coffey. “The one important point has been raised by ‘Mr. bronson, that of whether it may not be impossible to get a jury which has not formed an opinion as to the guilt or innocence RANSOM COUNTY COURT ADJOURNS 10 HONOR ITS SHERIFF, OFF FOR WAR kota, and eastern part of Montana. |Inspiring Farewell Given Lieut. Ray Craig, Son of Rev. R. H. Craig, at Lisbon Rev. R. H. Craig of Dickinson, for- merly pastor of McCabe Methodist | Episcopal church, is in the city visit- ing his hundreds of friends while en route home from Lisbon, where he | bade farewell to his son, Lieut. Ray | Craig. prior to the latter's departure |for Camp Custer, near Battle Creek, Mich., where he is commissioned with ithe national army. Lieut. Craig com- | pleted his training at Fort Snelling, standing at the head of class A. Court | was in session at Lisbon when Lieut. | Craig, who is sheriff of Ransom coun- ‘ty, dropped in to say good-bye to his | former officials: The judge adjourned | court. and a more formal farewell than {the young lieutenant had anticipated, was given him, Atty. T. A. Curtis, on | behalf of the court and bar, making | 4 splendid patriotic address in which he expressed the pride which Ransom | county feels in giving its sheriff to |the nat‘onal army. Lieut. Craig. will ‘retain his post as sheriff of Ransom | county until the expiration of his term. At Camp Custer he will have under | his command middle westerners gath- jered front Illinois, Indiana, Wiscon- of the defendant. And that question, - as to the guilt or innocence of the defendant, has not been discussed. The state should be, and I trust it 1s, just as muca interested in giving this defendant a fair trial as it is in prose- cuting him. That is the highest duty of the state, to insure simple justice to all.” Thorp Attacks Langer. “| brand Mr. Langer a coward, if ho doesn't bring this case to trial,” thun- dered Thorp of the defense, in closing an argument against further delays and “petty-fogging” on the part of the state. “If the attorney general wants to know where this money went, all he has to do is to try this law-suit. He has an opportunity to take on his lap the sneaking, cringing cur who got this money. Does he want to drag this case along until the June primar- ies of 1918, when Mr. Hall and Mr. Langer have political ambitions to be satisfied. The state is embezzling time and it is embezzling the reputa- tion of the defendant, who until this charge was brought against him was the strongest political figure in North Dakota. ; Demands Investigation. “The defense now demands the pro- duction in this court of the affidavits which Mr. Langer has in his posses- sion of fraud in the paving contract and in the city election in this city. He has charged two criminal delin- quencies in open court. Again in con- nection with this motion we desire that the attorney general be com- pelled to do his full duty in connec- tion with charges that money has been used in thi The defense is making no distinction between Tom Hall as an embezzler and Tom Hall asa briver. We demand that this pet- | sin and Michigan. The cantonment is one of the finest of all of Uncle Sam's great national army camps. Lieut. Townsend, a well known Williston newspaper man and a brother-in-law of Lieut. Craig, also left for camp this weeis % tifogging cease and that Tom Hall be put on trial. We demand that the at- torney general cease his campaign of publicity through the newspapers of the state. We insist that he not be allowed to carry out his evident_de “—~ (Continued on Page Eight)