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- ment versus John H. wor y HE BIS THIRTY-EIGHTH YEAR. No. 182. ae BISMARCK, NORTH DAKOTA, MO} AY, JULY 22, 1918, PRICE FIVE CENTS. WISHEK JURY CAN'T AGREB DISCHARGED Ashley Banker Must Stand New Trial on Goverrittent Charges OUT OVER FORTY HOURS Jurors Spent Two Nights and Most of Two Days De- - liberatiiig After deliberating: more than 40. hours, the jury in whose hands the case of the govern- isheBwas placed Saturday evening réport- ed at 2 o’clock this afternoon in- ability to agree, and the jurors | were discharged. No inkling has been obtained as. to ‘How the jury stood. Its deliberations were at times stormy, judging from fragments of conversation which floated out of the second floor of the federal building. The| jurors. spent all of Saturday night, Sunday and Sunday night and until 2 o’clock,this afternoon on the case. It was generally expected, after a verdict was not reached Saturday night, that a disagreement would result. The jury was locked up for the night at-11 o'clock Saturday. Sunday the jurors were given a was devoted to-consideying the case. The jurors had a great; mass of exhibits and evidence to} go over, including copies of the German. alliance book, “German | Achievements in America,” up- on whieh the principal charge| against Wishek was based... The) first’ three counts of the indict- ment, charging interference with .. the sale-of Liberty: Bonds, were: dismissed Saturday morning, and Wishek’s case’ went to the jury' on the’ last three. counts, charging =the. -distribution » of} erman. propaganda and, sedi- _tious literature. It could not be ascertained’ this afternbon whether Wishek would be given! a new trial at this term ofcourt.: There are now 40 criminal cases! ahead of his, in addition to the! Brinton case, now on trial. \ The Wishek trial, one of the long-| est and most important in the history | of the federal court for the south-; western North Dakota district, closed | at 8:45 Saturday evening, when the! jury took the case af ter a charge of an hour and a half from Judge Ami- don, who impressed upon the face that treachery to an ally in this emer- gency is treachery to the United States. i In his closing address to the jury, District Attorney Hildreth analyzea the. book, “German Achievements in America,” published in 1916 by the German Alliance as part * it~ Amer- iean propaganda, and distributed by the defendant in McIntosh county “for the -pyrpoge of educating the! people.” He told how the charter of | the German Alliance recently had been revoked .by congress, and how this book hid been excluded .from the mails because of its character. The prosecutor read many excerpts indicating the character of \the book, and laid especial stress upon a poem | “highly eulogistic of Bismarck and the form of Prusisanism which he cham- pioned. The jury was locked up for the night at 11 p. m. Saturday, and it passed Sunday and Sunday night un- der the chaperonage of a bailiff. Buy W, 8, 5 BANDITS HOLD AMERICANS FOR RANSOM Eagle Pass. Tex., July 22.—Two Americans were captured by Mexicar bandits headed by Filippe Muzauia{ and are being held for ransom in the| i mountains, it was made known here today. One f the men\is Naw Malone, ‘icans in France. jreported in General Pershing’s communique for yesterday re- UNS FALL I F /THE HUNS TAKE THE HOME f ommuce OUNKIRK { YPRES, AS BETHUNE® \ NY ou BLILLE | ‘YANKS CONTINUE TO POUN HUN LINES FOR BIG GAINS; |Prisoners Brought to Rear Declare That Teutons Have Revised Their Opinion as to the Number of Americans Fighting on French Line— Think there Must Be Ten Million of Them Now (By. ASSOCIATED PRESS) Northeast of Belleau, northwest of Chateau Thierry, the Ameri- cans early Sunday -had made an advance of five;kilometers. Some of the most terrific fighting since ‘the’ offensive began occurred around Vaux, the Germans using artillery and machine guns. | Occupy Hill 204 ° i The allied troops occupied Hill 204 commanding Chateau 1 | ing through the city itself. Progress east and north by the Amer- icans continued throughout Sunday. The Germans north of the Marne were subjected to a terrible pounding from the allied artillery today. They responded heart- ily, although unsuccessfully. The allied artillery men were feel- ing out the enemy’s rear line with telling effect. Forced Retreat : Prisoners captured near Chateau’ Thierry confirmed the soundness of General Foch’s plan, when they told of the forced retreat of the Germans on account of the depletion of the supplies. Streams of prisoners were being taken to the rear all day Sunday. Since Thursday the Americans have captured German soldiers representing 10 different divisions. CHANGE THEIR_ VIEWS - With the American Army on the Marne, Sunday, July 21.—A German prisoner, captured by the Americans today, formerly was a baker at New York and Lebanon, Pa. He was asked what the Germans thought about the Americans. Since Thursday, the German concluded, the Germans con- sidered that the rumor that there were a million Americans in France was false, and believed that there were ten million Amer- TWO PLANES BROUGHT DOWN _ With the American Army in France, Sunday, July 21.—Two more German aeroplanes are reported to have been brought down Saturday by American aviators. f One was brought down by Lieutenant David E. Putnam of Mass. Lieutenant Baker Brody Freeman, engaged in a fight with a German biplane and tumbled him to the ground. TAKE 6,000 PRISONERS Washington, D. C., July 22.—Fresh successes for the Ameri- can forces in their drive between the Aisne and the Marne were ceived today at the war department. The Americans were driving ahead with undiminished vigor and spirit. More thay 6,000 pris- oners, over 100 cannon, and many trench mortars and machine guns have been taken by America ndivisions in the last few days on the Aisne-Marne front, General Pershing reports. This was accepted as meaning that the reference in Saturday’s statement F TRAIL! . OR PUP sy ai Perern ae ge ~ Cao 5 teh Tg / + y < ; ¥ 4 PinoyNe Rsilgue < Corben g A fteninces sont *CPEONQE. Vailly Pontevert y | ‘ ‘ pT ery au Bac FQ st) Commer Ny sermdricoure NY Braine KY «sBirimont “7S, _-_ HUNS SUPPLIES DEPLETED brief airing about the city, but: __ a greater portion of the Sabbath | BEINN 5 G & SAARBRUCKEN ; euiaee \ STMIHIEL YS, F) a SAARBURG NANCY ita TENE a “S. STRASSEURG 7 OBE f]_ ki peer ste Nee EPINAL ¥ ee ry CQ} ‘ a ; oy SAUL GCALE OF miLES \ \ i SPSS ep BeLronro | With the American Army in France, Sunday, July 21.— | Thierry at day light Sunday, and shortly afterward were press-|~ | with the Nonpartisan league during the last year. to 17,000 prisoners included those captured by both French and American units. : / GENERAL RAIN 1 |evening, again rescuing crops in cen: | {tral and western North, Dakota in the} {nick of time. { | “Nobody can conceive of the great ber of the organization nor in sympathy with it. He stated, to GIVES DAKOTA lamount of good. which thfs rain did.” | Use Attorney Simpson’s term, that “his affections were alienated” (TO ’ dN StTthierrys Ye. FISMES SS prey. ae x pass Cueusy 7» by eR HED th TIE Germiy on hes Frocua + dare; Sf ioe VW Agronrtucs ra ey Wl ; ee Verheuily Chatuii6n a DSA AN! > AS ne ae Satins £.Damery ’ i fits, FADO D Pa MARNE | MPCTCHATEAU-S2"Y FPERNAY a THIERRY SxConde : bos yy so : f J fn. ogent Kies \ * T SLUXEMBURG ~ { ; Nod i a woe uy These taps show. where, the Great Allied Push began , “and how it will eA over the whole western front. The smaller map is of the Soissons-Chateau Thierry front, where French and American troops have gained eight miles in the initial blow. The large map shows the triple form the Big Push will take; British attacking in Flanders, French and Americans in Picardy and Americans,in Alsace. “BRINTON IS NOT AND NEVER HAS BEEN NONPARTISAN LEAGUE MEMBER,” SAYS HIS ATTORNEY Former Senator Leslie A. Simpson Makes Inter-| esting Statement at Opening of Trial of Chain Store Manager This Morning—No Political Party on Trial, Judge Amidon Assures the} Jurors “Mr. Brinton is not-and never has been a membery of the Non- partisan, league,” was the rather astounding statement made by tormer Senator Leslie A. Simpson, of counsel for the defense, in the examination of a venireman during the selection of a jury for the trial of J. W. Brinton, general manager of the Consumers’ United Stores Co., in federal court this morning. Brinton amend- ed his attorney’s statement to read that he had not been connected While Judge C. F. Amidon, addressing the first boxfull of veniremen, impressed upon them the fact that the Nonpartisan league and the Consumers’ United Stores Co. were not on trial, but that a jury was to be impaneled to determine 'whether remarks made by Brinton in the course of an address at Garrison last spring could be interpreted as tending to discourage enlistment in and recruiting for the army and navy, both the'league and the store scheme occupied an important part in the questioning of venire- men by Attorney Simpson. ‘Of the first dozen veniremen called, eight were farmers and four were business men. A majority of the farmers were members of the Nonpartisan league. C. P. Get- chell, banker, who admitted that he had some slight prejudice, altho he believed it was not so strong that it could not be over- come by evidence, was the first venireman challenged for cause by the defense. The government offered no opposition, and Get- chell’s place in the box was taken by Frank’ Squires of Stutsman county. : He Didn’t Stick , “ Mr. Squires stated on examination that he was one of the original members of the league, but that he no longer was a mem- FOCH | said Meteorologist 0. W. Roberts, in| When the league changed its program. He stated, however, that! ‘ TRUTONS START REAR GUARD ACTIONS T0 DELAY VIGOROUS PURSUIT OF ALLIED ARMIES New Drive Initiated with Intent of Outflanking Germans—“Nut-Cracker” Maneyver Will Be in Full Swing If First Stages of Offensives Are Successful CALLS FOR HELP With the French Army. in France, July /22.—Fred- erick William, the German imperial crown prince, has been obliged to call for help from his cousin, Crown Prince Ruipprecht of Bavaria. German diviisons from the army of the north have been hurried down to protect the west flank of the defeated army, which has been driven back across the Marne by the Franco-American troops. (By ASSOCIATED PRESS) Rear guard actions are being fought by the Germans north of Chateau Thierry. They were probably organized for the purpose of delaying the relentless pursuit of the enemy by Americans and French, who. early on Sunday morning passed through Chateau Thierry and advanced northeast of that cornerstone in north- eastern France. . The reaction of the Germans is said to have been marked between Grisolles and Bezu St. Germain, two villages north, north- west, and north of Chateau Thierry, a distance of approximately seven and four miles respectively. Along this line German at- tacks were broken and the allied line maintained throughout. ‘There are few details of the fighting between the Aisne and the Ourcg. It appears, however, that the reported advance of the allies south of the Aisne below Boissons is simply_the carry- ing out of the French stragetic plan of keeping the Aisne on the French left flank. The occupation of Soissons would be a matter of slight importance compared with the demoralization or cap- ture of the German armies to the southward, which appears to have been in General Foch’s mind as a possibility when the smash was begun by General Mangin on Thursday morning. | If the allied “nut-cracker” continues to close in the remorse- |less manner that it has for the last three days, the Germans will be fortunate if they extricate all their forces from the Marne sali- ent. . Continued allied success, it might appear, might compel a German retreat as far as the Fesle river. If the Germans are able to maintain this line, General Foch still will have succeeded {in tsraightening out his front, which will then run in an almost ‘direct line from Montdidier to the heights of the Meuse. AMERICANS ADVANCE North of the Ourcq river the action of the enemy was limited to artillery: fire... This was also the:case between. Rheims:and ‘the | Marne, notably svest of the Rheims mountain and in the Courton Land Roi wood.’ Since the Germans have been ousted from Cha- teau Thierry, under conditions which suggest that the withdrawal ! was sudden, the most interesting events of the battle are south |of Soissons, where the Americans are reported to have advanced |a mile and a quarter’; the Ourcq valley where the allies are stead- ‘ily pounding their way toward Nanteuil Notre Dame,.and south- | west_of Rheims, where there seems to be an indication that the jallies have initiated a Hew drive for the purpose of outflanking the Germans. | ALLIED “NUT-CRACKER” = j If this last movement develops, the allies’ “nut-cracker” will be in full motion. th town of Bouilly southwest of Rheims, there is a gap of about 24 miles. ent, for the allies’ positions south of Soissons ‘seem likely to have jadvanced materially since they were reported at Hartennes-et- Taux on Saturday. If the’French, Italian and British troops southwest of Rheims make an advance of any importance the posi- ‘tions of the Germans farther south will be made more critical than they are known to be at present. ENVELOPING OPERATIONS There appears to be at least two and possibly three enveloping operations along the westeril side of the salient south of Soissons, The first of these evidenced by the breaking through of the allies northwest of Chateau Thierry on Sunday morning had immediate results of forcing the Germans back from the extreme tip of the salient. The second movement is proceeding up the Ourcq valley, and at last account was very near Oulchy le Chateau. The third is the advance of the allies south of Soissons. . Thus, Foch has projected tentacles eastward to catch the Ger- mans retreating from the Marne. If another claw.is thrust out from the Rheims salient the outcome will become more perilous fo rthe enemy. i YANKS ADVANCE FOUR MILES H London, July 22.—American troops yesterday crossed the river Marne between Chartevef and Gland, east of Chateau Thierry and captured the wood of Barbullon, according to authoritative announcement made here today. | The Germans are stubbornly resisting the French crossing | of the Marne, but the French have succeeded in getting two ele- ments over at Mezy and Courcelles, which are constructing foot- (Continued on Page Two.) ASSISTANT Your Subscription || NAVAL HEAD —when does it 1S IN P ARIS expire? | | Washington, July 22.—The arrival Look at the yellow address label which is pasted on your paper. It shows you the date TRAP Between the allies’ front south of Soissons to’ This gap, however, probably is much smaller at pres- . _ The state fire marshal’s department, ¥ fornian of Pedra de Blanca ranch, for i act : 4 } “ : whom $5,000 is asked, and the other} |charge of the weather bureau service' he was not antagonistic to the chain store scheme. C. I. Chris- your subscription expires. lof Assistant Secretary of the Navy is Sam Barksdale. |for North Dakota, today. “Lots of/tianson, a leaguef, was the only methber of the original venire New regulations require | |{Roosevelt in France was announced ;_Mettean troops are in pursuit pf the | ; jlate flax had not germinated or had} Who had ever heard Brinton speak. He had listened to the chainj]) that all mail subscriptions | |}oday. He fFaveled aboard a cruiser. 5 ALY W. $= | = ‘ (just begun to sprout, and this rain| Store manager in an address at Fargo. Two merchants among the must be paid in a ce. In The purpose of his visit is to inspect Grain of All Descriptions and will boost it along to a point where; Veniremen admitted that the chain stores had establishments in addition, au aun rip lous /fithe naval administration on the other ( | | Potatoes. ‘Benefit from |it will make a crop if early frosts do/ their vicinity, but declared their attitude toward the stores noti]| Teetgate ee ON CNP” | ||side of the Atlantic, with respect to not get it in the fall. The rain was Tia ian iev i 5 7 " eae ‘contracts and leases of i i Sunday Soaker }a lifesaver for late wheat and oats, | antagonistic, and didtnot believe this fact would prevent them from Tribune readers’ should | aide cea eee ee | oy ys ‘ | was a great help to corn, hay and pas-| trying the case fairly. - James Duncan, farmer, admitted that he watch their date labels and fT! Savy we sys j Coes | tures and was the salvation of our po-| was not a leaguer and that he opposed some parts of the league’s ; renew promptly before ex- |]/ TO CONDEMN FIRE TRAPS. |tato crop. leconomic program, but believed he: was eligible to serve on the piration date. if Washington, July 22.—The army casuality list today shows: Killed in action, 9; died of wounds, 14; died of disease, 7; died of accident and other-causes, 3; missing, 18; prison- ef3;:.1;, total 62. The list, includes: Wied) ;ofq wounds, Jay“Rugg, Cassel- ton,’ N.oD. GIVES NEW LEASE OF LIFE! The intense heat of the latter half jot last week had set back wheat. oats A y | and other crops to a point where, if ee tain, ranging from 1.10 inches at! rain had not come Sunday, many Wahpeton; 1.05 inches at Lisbon,, .31| fields would have been a total loss. at Jamestown, :30 at Bismarck, .27 at| AS ae now, everything has taken a Bottineau, .25 at Amenia and an aver-| "ew lease on life. and the Slope. is {cheerful once more. Today it is cool age of a tenth-inch over the remaindery and cloudy, and ideal condition to fol- of the state fell Sunday afternoon’and| low Sunday's soaking rain. | jury. y The thirteen veniremen called up to FRAZIER SPEECH MAKING. laa were John Collins, Fargo union |. Governor Frazier -drove his big! bricklayer; P. D. Peterson, farmer; jeight to Garrison on Saturday to|George D. Leonard, Williston mer- | speak at a Red Cross.meeting. Mon-|chant-farmer; Napoleon Louiselle, re- day afternoon he'speaks at Antler and; tired farmer, Bottineau; Louis Neross, Monday evening he will dedicate a|vierce county farmer; George A. new school at Bottineau. } Bismarck Tribune Company | |} - ourth, {which -condemned the Lambert livery | barn on Fourth street, already razed, jand the Katherine Boyle building on whise wrecking was com- |menced this morning, announces that | {a number of other fire risks, locatea on. cornersites in, the <capital-efty, soon will be-condemned, unléss‘their’ (Continued on Page Two) , "Wo eee OWNErS VOluntarily remove them.