The Bismarck Tribune Newspaper, December 14, 1917, Page 8

BISMARCK DAILY TRIBUN ‘jury to indict him would be a vindica- ATE LOSES THIRD TIME, «== Langer Used State Funds. The Lismarck situation leading up (Continued From Page Onc.) }to the circulation of grand jury peti- sire to hold this case over until the tions was largely political and purely primaries in June are near.” local, according to the affidavits filed Attorney General Brennan referred by the defense. Attorney Stutsman, to Thorp’s attack on the attorney gen- however, shows that Attorney General eral as bitter and unjust and declared Langer mixed in this situation to the it one more evidence that the state extent of paying Charles W. Litten could not obtain justice in Burleigh and Henry L. Gilbert of Bismarck! county, “so great is the pulic indig- several hundred dollars out of the nation against the attorney general in State funds for affidavits executed Bismarck and throughout county.” After a long day of heated ar- guments in which charges of brib- ery against the defense in collus- ion with certain unnamed Bis- marck men were made by the state and when counsel frequent- ly came to the point of blows, the Hall case Thursday evening had regained the exact stage in which it was left last Monday, when the state made its first motion for a change of venue. Attached to Judge Nuessel’s letter, Eurleigh by workmen employed here and at Mi- not by Hanlon & Okes. After buying these affidavits, alleging fraud on the |part of the contractors, Langer for some reason pigeon-holed them, ana he declined to give them up, although EIGHT-HOUR DAY VICTORY REPORT | GOES TO WILSON SECRETARY OF LABOR BELIEVES PINE ASSOCIATION CON- CESSION WILL AID WAR | our temptations are strongest we go to the K. C. home and forget.” So writes Romanus J. Downey, Devils Lake boy, who is corporal in head- quarters company of the 164th infan- | try at Camp Greene, urging his broth- er lodgemen to help: the war fund.! “Boost the ¥. M. C. A., too,” he says.| Wherever we see a building with a red triangle, we know we have a! friend inside,” he writes. “The K. C.’s have a large building at this camp. It is in charge of a secretary and chaplain. In this build-! ing are victrolas, piano players, maga:' zines and writing desks. All writing| PROGRAM. i Washington, Dec. 14.—In reporting August 21, 1917, Edward S. Allen, | Tepresenting certain property: holders, filed a formal, written demand for tie ; same on the attorney general. j All of these affidavits, Mr. Allen's ; of $250 apiece to Messrs. Litten and, Gilbert are included in the affidavit of Attorney Stutsman. It was to in- vestigate this paving matter and the as it appeared in The Bismarck Trib- attorney general's reasons for a sud- une, was an affidavit from Attorney General Langer in which he stated he had investigated all of the pris oners held for trial in the county jail at the time the petitions were circulat- ed and he finds that none of them was den loss of interest, state the affi-! davits of Mr. Stutsman, that petitions ‘calling for a grand jury were circu- lated in Bismarck. Were Not For Hall. R. H. Thistlethwaite, who signed of sufficient prominence to warrant’ one of the petitions, presented an af- his friends’ ling for a grand jury. Therefore, stated Mr. Brennan, the only logical conclusion to be derived from Judge Nuessle’s letter is that the grand jury was called for by friends of Thomas Hall with a view to clearing him of the charge which the state had preferred. Chalenged by G. W. Thorp, of Jamestown, of counsel for the defense, i ant Attorney General Brennan admitted that this conclusion was not stated under oath in Mr. Langer's af- fidavit, but he insisted it w a fair conclusion under the cumstances and that the jury, wh had been guled throughout a long day by di ons occasionally verging upon in- vitations to go outside and fight it out, had a right to hear it. Judge James A. Coffey, of James- town, who already had over-ruled the state when it questioned his jurisdic- tion, did not seem greatly impressed with the grand jury incident as a proof of prejudice in Burleigh county against the state. The fact that a juror has read a newspaper article does not disqualify him under rulings of the North Dakota supreme court, the judge stated. “So far the fact of a man’s hav- ends in the county in which he lives is concerned, any man is en- titled to friends, so long as he has thought of Tom Hall when he, the af-| uted $265 and hopes to bring it up justified their friendship, and provided these friends do not illegally exercise themselves in his. behalf., There is nothing in this affidavit “o prove that Mr. Hall's friends have been illegally active in his behalf, nor is there any-/ thing to indicate that he has any more friends in Burleigh county than he has in any other county in North Dakota. It is reasonable to suppose that Mr. Hall, having been elected to public office repeatedly, as he has, has per- sonal friends in every county in the state to whom the same thing, would apply. Retains His Seat. In the face of repeated assaults from the state, Judge Coffey stoically declined to rule himself off the bench on the grounds of lack of jurisdiction. ‘sue ue.wuses contention that Judge Nuessle should -not have recognized the state's affidavit of prejudice against himself, inasmuch as the state has no power to file such affidavit, this privilege being reserved to the defense, was sustained by Judge: Cof- fey in a decision announced during the morning. He told with the defense that any lack of discretion which may have been shown by Judge Nuessle in jfidavit-this morning setting forth that ‘he had did so in connection with alle- ;gations as to Attorney General Langer’s refusal to investigate the paving matter, hove set forth, ana with a view to finding out why these affidavits were not disclosed. ‘The former ‘city auditor under oath says he had no thought of Tho Hall, ‘secretary of state, at the time the the grand jury petition, and that so far he knows, no other citizen of smarck had such thought m McCrorie, proprietor of the house, makes affidavit that he was interested in procuring the pav- ing javits last summer, and that he believes all such affidavits were presented to Mr. Langer, and that the jatter neglected to take any action garding them, or to return them to the persons who presented them to him. The affiant says that because of these facts he signed the grand jury petition presented for his signature in November because the attorney gen- eral had used the state's money in buy- ing these paving davits, and he, McC rori was anxious to have i grand jury investigation of this situa- tion and find out why the affidavits were not disclosed. An affidavit of a | filed by F. 1. Ever Dew imilar tenor was , Who denied any fiant. signed a petition asking for & grand jury. C. C. Swett and Antor Beer, who signed the grand jury pe: titions as-affirming the correctness of ‘the signatures appearing thereupon, ltell of calling on Judge Nuessle in company with ;Who stood sponsor for the petitions, and of Mr. Thompson’s explanation to ‘Judge Nuessle of the reason for asi ing a grand jury, which was Mr. ‘Langer’s refusal to return or to act upon the paving affidavits which he vhad in his possession. HUA FIGHAN RAKES ~——BISMRGKERSLALGH Nothing But the Truth Proves Greatest Farcical Comedy of the Season Bismarckers were given a real in-| jsight into joyland last night at the Auditorium when Max Figman and! his strong supporting company pre- !sented “Nothing but the Truth,” to a large and representative audience. Anderson and Weber, the producers, *| far hag’ subg: Harry A. Thompson, }» removing himself from the case at knew what they were talking aout the request of the siate still did not When they heralded this the first big affect the jurisdiction of the court; !aughing show of the season with 304; and that Judge Nuessle or any other jurist at any time and in any case had a perfect right under the law to call in a brother judge to sit for him. “The attorney general's office is seeking to dictate not onto this court but to the entire district,” said At- torney Thorp. ‘As powerful as the at- torney general is, he isn't bigger than th elegislature, and the legislature has wisely conferred certain discrtionary ; powers on the courts. Hall Against Jury. Affidavits were swomitted by the defense this morning in opposition to; the state’s motion for a change of venue, citing as grounds the petitions recen‘ly circulated calling for grand jury, which Attorney Lang contended was to whitewash Hall. Ali of these affidavits tended to prove that the purposes for which a grand jury was desired by 390 Burleigh coun- ty and Bismarck citizens whose names appeared on the petitions filed with Judge Nuessle the last of November had to do with alleged irregulari in connection with paving in district ‘No. | in Bismarck. At least two of the affidavits quoted Secretary ot State Hall as personally opposed to a grand jury whitewashing. W. H. Stutsman, attorney for Hall, quotes from a letter received from the latter November 23, as follows: “A grand jury planned by some ot the city folks failed because they did not file the petition in time. I am just as well satisfied that no grana jury passed on my case. If they fail- me, it would be taken as a whitewash, and I want to come through with clean skirts, or not at all. A Bismarck newspaper man tells of an interview with (Mr. Hall at the time the petitions were first circulated, in which the secretary of state is quoted as emphatically denying any personal interest in the petitions and is al leged to have stated that he would laughs by the clock. They might ev- en have underestimated tue number as far as the audience could judge as they were too continuous to count them.| Max Figman, the star of the/ evening kept mixing things up for his co-partners to such an extent that each incident in the comedy was worse than the preceding one. Mac M. Barnes as E. M. Ralston of the firm of Ralston & Company, Fred- erick as Richard = Donnolly, a member of tue firm, and Clem | Vevins. Clarence Van Dusen gave! splendid support to Mr. Figman. Wil-| liam Friend portrayed the Bishop, |.o- lita Robertson, M Ralston; Ade laide Hastings, Mrs. Ralston, and Mar- garet Allen a neighbor girl. Emily Mun Mabel, one of the vari s was splendid in her part as was May Doherty, her pal. EAT WHAT YOU WANT WHEN YOU WANT IT People who consistently deny their appetite some particular dish appealing cially to their palate, becaui ulgence has al- ant subsequent suffering, will think this a strong statemcn! It is @ fact, however, that mo: jople can, without fear of di. ing consequences, indulze the ite within reason if tho bow- are active and regular. Meavy dinners and late suppers can be ere with im) y if, before 7, One take @ spoonful of Dr. Caldwell’s Symp Pepsin, a mild combination of ° Tike druggists sell for Atty" ray a bott! . ia action and sitive in effect, it regulates the eae eats ae ige gcae on! g oF - fort, and is the ideal family lax- Get a bottle of Dr. Cald- much prefer not to have his case be- fore a grand jury, as he did not feel that a failure on the part of the granc =! “Exclusive Service” Lahr Motor Sales Company Phone 490 to President Wilson the voluntary adoption of the eight hour day after next January 1, by the Western Pine association, Secretary Wilson of the president's special mediation commis- letter and vouchers showing payment sion said this action makes the com- ing and recreation. I don’t know what mission confident “that the lumber in- dustry in the northwest in its entire- ty will soon adopt a policy which will be a unique contribution toward the effective execution of the war pro- gram.” KNIGHTS OF COLUMBUS RAISING B1G WAR FUND Councils of State Plan to Raise $26,600 as Quota for War Work The Bismarck council, Knights of Columbus, will shortly a cam- paign for funds for the of the war work in this country and in France. North Dakota has been assessed $: 00 as its quota for the hig war fund which the knights of the United States are trying to rai lining plans for the campaign. The' local council has already raised $600 for war work and have been assist- ing in the work of the genefal council since the entrance of United States into the great conflict. North Dako- ta’s assessment of $26,600 represents approximately $10 per capita. McKenna Workin, George M. McKenna of Napoleon, and a big figure in the work of the Knights in the state, has been ad-; dressing big meetings in Underwood ' and Wilton. Underwood has contrib- + well over,the $400 mark. Wilton 1 $200, but hopes double it. “MyMcKenna will devote considerable of his time in working for the campaign. Soldier Tells of Work. An interesting ‘communication has been received from Romanus J. Dow- ney of Devils Lake telling of the great work of the K. of C. and the Y. M. C. A. at Camp Greene. He urges his; brother knights to push the war fund} and adds that he don’t know what the soldier would do without the K. of C. and the Y. M. C. A. His message follows: “When our trials are heaviest and The broad scope of subjects w recipient, 300ks for children in prose or books for school hoys and git’ “Wien a Man's a Man.” By Arthur Guy Empey. “Over The Top” By Harold Bell Wright. “My Four Years in Germany” James W. Gerard, Former Ambassador to Germany. BOOKS NEWS is T. K. Flaherty, grand knight of the local T: oO N | council, with the assistance of the other members of the board, is out- | There can be no more pleas- ing, enduring or considerate Holiday gift than a book appropriately selected sents enables you to choose a book that will be suitable to the travel or special study, books on the war, are all to be found here by popular, and authoritative writers. Choose now while the stock offers such an cnormous variety. SUBSCRIPTIONS TAKEN FOR ALL LEADING MAGAZINES AND PERIODICALS HARRIS & CO. material is furnished free to the boys, and, as I look about the room tonight, I can count over 300 boys who are! writing letters. “In this building. the boys congre- gate after the day’s drilling is over to meet their acquaintances, to think about and write to the folks back home, and to spend an hour in read-| the soldiers would do, were it not for the K. C.’s and the Y. M. C. A. Camp life is very monotonous, as it is, but without these two organiza- tions, it would be much worse. There are a great many temptations in a soldier's life. He can not go to the best places, nor mix with the best people, such as he did at home. But when our trials are the heaviest and the temptations seem the harder, we come to the K, C. building and forget all alout them. “So tell the Devils Lake Knights to boost for the K. C. war found. If any- thing is going to bring us back home, good, clean Catholics and citizens, it is the work of this organization. Tribune want ads bring results —————————————————— Bismarck Presents Ella Hall in the 5 Act Bluebird Feature | The Charmer also 2 ACT FEATURE CQMEDY LOVE and LOGS hich our book department. pre- illustrated, , biography, . attractive Is. Fietion, histor, { tr poe % o TOO LATE TO CLASSIFY WANTED—Chambermaid at Allen’s cafe, 116 Fifth St. 12-14-t£ FOR RENT—Furnished room; furnace heat; close in. Phone 88R, or call at 216 Second St. 1214-3 FOR RENT—Partly modern and part- ly furnihed flat. Phone H. L. Reade or J. H. Holihan. 12 14 tf FOR RFNT—Two cottages. One new and all modern. Phone 282L. 12 14 St tadtes:—tt your hubby, brother or ‘sweetheart has his measures with us —why not surprise him at Christmas with a new suit or overcoat. We won't tell him. Klein, tailor and cleaner. 12 14 2t ment of prices, Remeniber, ‘ Christmas “y + it for somebo NO “Soldier’s Army and = Navy Diary” in French: and English Language. “Soldier’s Testaments.” Khaki covered. “Rand & McNally’s War Maps” of the Western and Italian Fronts. “Votland’s Gift Books.” CIGARS . TIT ACCO, Etc. Do not tak ping, Play and deliciou: Just received a delayed ship- | Wrist Watches which will be on sale now at bottom jewelry. for somebody tor frare also buying | dy for a life time. | | Gems and Jewels are an in- vestment and the only place | we can do that is to sell’ nothing to make an investment nham Bros. AN EASILY SELECTED GIFT THATIS’ ALWAYS GRATEFULLY RECEIVED. Cowan’s Drug Store 123 4th St. Phone 102 Sinall size, seven and fifteen jewels, twenty year guaranteed cases. A written guacantee with each watch and perfeet satisfaction or money refunded. Price $15.00 and Up through a concern you know to be reliable; whose pledgcs are known to be good, you | We expect -to be in) ‘business here a long time and the’only. way is | but reliable goods at right prices _ What is Christmas Without Cand matter what else you give the wife, mother, sweetheart or children for Christmas you cannot over-look candy as an added gift because it is almost indispensible to the festive nature of the day. a chanee of over-looking it in the final rush of Christmas shop- afe and leave your order with us now, so vou will have fresh andy promptly and early on Christm: See our yariey now of fine confeetions in Holiday or novelty boxes, 400 Different Varieties to Select from. Come in and Sample our Candy ITE As an introduction of our fine eandies we will morning. OF ALL KINDS MANUFACTURER AND RE TAILER OF FINE CANDIES