The Bismarck Tribune Newspaper, December 10, 1918, Page 1

‘and the miller there told him it made .no difference whether the wheat was THE WEATHER } Cooler tonight. . ee eer an er enna THE BISMARCK TRI \THIRTY-EIGHTH YEAR. BISMARCK, NORTH DAKOTA TUESDAY, DEC. 10, 1918 REPORTED FORMER KAIS GAY! HAZBLTON RIOT CASESTOJURY THIS AFTERNOON Trial has Proved Devoid of Sen- sation or Uncommon Interest DAUGHERTY TELLS STORY Relates how He Held 1915 Wheat Until After Murder of Mrs. Perras The Hazelton riot cases, which de- veloped none of the sensations so free- ly promised by Attorney General Lan- ger and his press agents, will go to the jury late this afternoon. The case has not only been devoid of sensa- tions but it has lacked: even ordinary interest. The evidence has been| tame to a marked degree, and the|{ room-full of spectators has attended largely through compulsion, being composed principally of the jury pan- el and of those subpoenaed for wit- nesses. «i George E. Whitford, Soo agent at Hazelton, took the stand for the state | this morning and testified that he knew nothing of the alleged unlawful assembly in Hazelton the night of June 6. He did produce a freight bill, showing that Wallie Daugherty had shipped in a carload of wheat. Wallie Daugherty was recalled, He {old of Food Administrator Armstrong protesting when Daugherty removed his wheat from the elevator at Hazel- ton. “Well, it’s my wheat, isn’t it?” the witness testified he replied. “Armstrong replied, ‘Wallie, Wallie, I} wouldn’t be in your shoes for any- thing—you're the next thing to a trait- or!” 1 This conversation did not deter Wallie from taking his 1057 bushels of 1915 wheat out of the eleyator and hauling it to his farm, where he said he cleaned it and recovered 40 bush- els of chicken feed. Before haujing hig wheat home he went. to Temvik cleaned or not, as they had to put it through a fanning mill in any event. The Temvik mill offered him $2,06: for the wheat cleaned. Daugherty took the wheat out toi his farm and cleaned it and kept it there. He didn’t want to start hauling, he said, until his seeding was finished. ‘He had com- pleted seeding all his wheat at the time of the Hazelton riot, but he had hauled no wheat. ] One of Daugherty'’s excuses for holding his 1915 wheat was that he had listed-it with Commissioner of Ag-! riculture Hagan for seed. He admit-| ted, however, that it was near the middle of ‘May before he started to haul the wheat out to his farm to clean it, and that the seeding season was then well over. His only expect- ed reward, apparently, for hauling the wheat from the Hazelton elevator to hig farm, 3 1-2 miles, cleaning it, haul- ing it back to Hazelton and thence ten miles to Temvik, a distance of 17 miles in all, was the 40 bushels of chicken feed which he recovered in the cleaning process. Miller Testifies. Franz Temple, manager of the Tem- vik mill, succeeded Daugherty on the stand. He said that Daugherty came down to see him about selling some wheat and showed him a sample. Tem- ple quoted a price of $2.06, and Daugh erty promised to let him, know. Daugh- erty did not let Temple know until after the Hazelton occurrence. Temple told of a party. coming down from Hazelton about 11 p. m. June 6 to learn whether Daugherty had sold this committee )that he had made-Daugh- erty a price and that the latter was to let him know whether he would accept, but that he had failed to do so. He informed this committee that there was no contract between him and Daugherty and that no grain had ‘been delivered, O. W. Roberts. O. W. Roverts of Bismarck. district food administrator, was called. When he testified that he had had no con- versation with Daugherty about his wheat until after the killing of Mrs. Perras, he was excused, The prosecution then rested, and the defense declared it did not care to present any testimony. Judge S. L. Nuchols, for the state, completed his preliminary address to the jury before noon. John F, Sullivan will speak for the defense this afternoon, ani Nuchols will sum up. It is expected the court will begin its charge about 4 o'clock. One ‘Reason Why. That, even though he is in the un- dertaking business, it was from no sordid motives that he took up a posi- tion near the door of his establish- ment in Hazelton, where he could command a view of the street, near midnight of June 6, the night when Mrs, B. L. Perras was killed, A. A. Winmer, Hazelton. undertaker and hardware merchant convinced the court yesterday when in reply to Judge Nuchols’ insistent query as to why he assumed this point of vant- age he replied: “t took this position so I could take a good chew of. tobacco and spit on the sidewalk without spitting on the floor of my store.” There followed a momentary recess, while court and distingtished counsel joined with the hoipolloi in a convul- sion of laughter. Case Drags. The trial of the five Hazelton men indicted by the Emmons county grand jury for riot in connection . with the death of Mrs. Perras dragged through another afternoon yesterday. Witness after witness was examined without (Continued on Page Two.) WILL RESTORE RAIL TRAFFIC Washington, Dec. 10.—Kestoration of: normal passenger traffic has been undertaken by the railway adminis- tration, says Secretary McAdoo in a statement withdrawing his plea for he curtailment of travel during the war. A number of trains will be ad- ded to existing schedules within the next few weeks. WARDEN TALCOT RESIGNS PLACE AT THE PRISON Well Known State Official Is Suc- ceeded by Former Sheriff of Morton ESCAPED MEN RETURNING Joe Mylo Captured at Staples, Minn., Monday—Ulick Located Today The resignation of Frank S. Talcott as warden of the state penitentiary, which had been before the board of control for some time, was accepted at a meeting Monday afternoon, and the board temporarily placed at the head of this institution former Sher- iff Charles McDonald, a protege of At- torney General William Langer's. It was generally expected that McDonald would land in this berth in the course of a few months when the Morton county man last summer was given Peter Reid's place as deputy warden. Mr, Talcott’s term would have expired next May. - Letter of Resignation. Following is a copy of Warden Tal- cott’s letter of resignation which was written in the middle of last week: Hon, Board of Control, Bismarck, N. Dak., Gentlemen:— After careful consideration 1 have decided. 'to tender my resignation as warden of the North Dakota state penitentiary to take effect on January 1, 1919, and request that I be immed- fately relieved from the active man- agement of the institution in order that I may make the nec rarigements to vacate on th: For many years the term of office ofthe warden has expired on May 1, which is not the proper time of the year to change the management of the industries operated at the peni- tentiary. Furthermore, the legislative assembly having adjourned only two months prior to’May 1, no opportun- | ity is given the new administration to present the needs of the peniten- tiary for the. required appropriations which in his juagment are necessary to maintain the institution during the ensuing biennial period. ‘Believing the interests of the insti- tution are of greater importance than the tenure of office of any individual, I respectfully request your favorable and immediate consideration of my resignation for the reasons given. Respecifully, F. S, TALCOTT. McDonald Played Fair. Mr. Talcott today expressed appre- ciation of the cooperation which he had enjoyed from Deputy Warden Mc- Donald during the latter’s tenure at the prison. He stated that he had found the deputy fully in accord with his policies at all times and that their relations had been altogether pleas- ant and harmonious. Matters connected with the admin- istration’s proposed that the prison be vacated because of the small num- ber of convicts now confined there, making a force far from sufficient to operate the prison industries, and a variance of opinion on other policies is believed by friends of the warden to have precipitated his resignation. Warden Talcott today denied a pub- lished report that his resignation is connected with recent escapes from the prison. . Two of the men who walk- ed off last week—Joe Mylo of Bot- tineau and Mike Ulick, one a lifer and the other serving a 25-year sen- tence—now are in custody, and the third, D. ‘M. Noah, has been. located and will soon be returned to prison Noah also was a lifer. All were trus- ties, who for years had gone and come as they.pleased. On the occasion of their “escape” they simply walked away to their day's work as usual and failed to return. Mylo was losated yesterday at Sta- ples, Minn., and an officer is now en route to Bismarck with him. Ulick was located, apprehended and posi- tively identified today. Noah, it is ex- pected, will be on his way back to prison tomorrow. SPECIAL SUBSCRIPTION NOTICE TO ALL BISMARCK SUBSCRIBERS Owing to the practical impossibility of reaching each city, sub- scriber of The Tribune monthly, everyone on the carrier list is re- igard for American. --* AND THE The King of Great Britain and the Prince of Wales are regular fellows, American sailors will tell you. ROYAL LAUGH WAS PRICE FIVE CENTS - This photo was taken on the U. S. battleship New York, off Scotland, about ihe time of the German fleet's surrender. Left to right, you see: were guests. CONTROL OF SEAS WILL BE | CHIEF ISSUE Conception of “Freedom” Grav- est Problem Before Peace Makers WHAT WILL ENGLAND DO? Sir Edward Pays Tribute to} America in Defining Attitude London, Dec, 10.—One of the grav- est~ problems -at. the. peace. conter- ence will be based on what is meant by the “freedom of the ss," and what concessions Great Britain is go- ing to make in that direction. It was added that a memorandum was being} Admiral Sir Da the Prince of Wales, Admiral W. S. Sims prepared for the war cabinet. i “America has rendered _ brilliant service in the war,” Sir Edwards said, “and Great Britain is bound to ap- proach the conference with every re- = aed American views. i ~~ Americans must remember that the seas are free to everyone in peace; time and to none has that freedom been denied. In time of war, howev-; er, one might as well talk of the freedom of the land as the freedom of the seas. Hl “It has heen recognized for morej than three centuries that a nation which is supreme is as much entitled to impose its will maritimely as a na- tion stronger on land ‘is able to im- pose its will militarily 01 another na- ton. “T am not sure that Great Britain will have to say at the peace confer- ence: ‘We shall be quite satisfied with such a definition of the freedom of the seas as will enable the British navy in the unfortunate event of fu- ture war to do exactly what the Brit- ish navy aided by the American navy has been doing for the last eighteen months.” MINNESOTA WILLBAR “RED FLAG St. Paul, Dec. 10,——State legisla- tors at the Capitol today declared that the first bill which the 1919 legisla- ture probably would pass would be one forbidding the display of the red flag. The legislature convenes next month, MARSE JIM BACK. Major James R. Waters, state exam- iner, is back at his desk after spénd- ing several days in the western part of the state. quested to come to the office and settle. It is suggested that city subscribers comply with this request promptly so that we can con- form to the government’s ruling that all subscriptions be paid strictly in advance. As far as possible, the circulation department will bill its sub- scribers monthly. Kindly co-operate with us in this matter and do not pay the Call at office or send us check. The Tribune has discontinued collection of city subscriptions’ carrier boys. by carrier. id Beatty, commander of the Britis flect; Admiral Rodman, King George, , commander of the American fleet, on whose flagship the Britishers 8,000 MORE MEN ON THEI WAY HOHE Washington, Dec. 10.—Sa for American ports with 52 officer today by the War Department. other a day later. YANK ARMY REACHES RHINE Washington, Di 10.—-The Ameri- can army of occupation has reached the Rhine. General Pe ing last night quoted: “The American. third check the Rhine. army Jast evening re: tron Rolandsek to bri fall was on the general line Rolandsek Brohl-Wassenac-Munstermaiseld-Rheitt bolen. u DAKOTA'S FUEL FRIEND LOSES SON IN BATTLE Capt. I. P. Baker Receives Word of Death of Lieut. Cyrus Garnsey III. Capt. -I. P. Baker, federal fuel ad- ministrator for North Dakota, has re- ceived with deep regret an announce- ment of the death of Lieut. Cyrus Garnsey, III., who was killed in action with the field artillery in France. Lieut. Garnsey was a son of Cyrus Garnsey, Jr., assistant U. S. fuel ad- ministrator, and official whom Capt. Baker has always found re- sponsive to the demands of the north- west. From military sources it is learned that Lieut. Garnsey received his bap- tism of fire five days after reaching the front near Compeigne, where he won a citation. Later, at Chateau Thiery, he was one of three officers in command when their whole battery was cited. His last letter home was written on September 23, and in it he said: “It may be a long time before I can write again.” Lieut. Garnsey’s home was in Memphis, Tenn. Capt. Baker is well acquainted with Cyrus Garnsey, Jr. and, the North Dakota fuel administrator having two sons in the service, one of whom is serving as division quartermaster in France, with the rank of major, a bond of mutual sympathy existed between the two offiicals. FIX PRICES ~ ON HOGS Chicago, Ill, Dee. . 10.—lxtensive changes in price on hogs at.various live stock cenetrs have been taken by the U. S. food administration ‘com- mittee on price contro] and stabiliza- tion. The price at Pittsburg will here- after be $17.65-as against $17.85, which has controlled there. The standard is the government average agreed’ upon for Chicago, $17. No changes were agreed upon at the centers west of Chicago. EMBARGO ON SHIPMENTS. Washington, Dec. 10-+An embargo on hog shipments to the Union stock- yards at Chicago until Thursday was authorized today by the railway ad- ministration. The yards now have enough accumulation on hand and in transit to keep them busy until Thurs- day. | Shipments will be resumed Thursday. Hfvand at hight. E FOR CHRISTMAS ng of seven additional transports rs and 3,000 men, were announced | ER TRIES SUICIDE CALLS INTERNATIONAL LAW EXPERTS 10 DISCUSS WITH | THEM HIS PRESENT STATUS |President Wilson Asked by German Leaders to Pay Central Powers a Visit—Declines to i Commit Himself on Proposition London, Dec. 10.—William Hohenzollern, the former German emperor, has attempted suicide following mental depression ac- cording to the Leipzig Taggeblat, quoted in a Copenhagen dis- jpatch. A member of the former emperor’s retinue, who prevented ithe Herr Hohenzollern from carrying out his intentions, received 1a small wound. William Hohenzollern, the former German emperor, has had several interviews at Emeregnon with two German experts on international law, with whom he discussed his position, according to an Amsterdam dispatch. It 4s understood that Herr Hohenzoll- ern is writing his autobiography and a history of his reign, ex- \plaining his attitude before and after the war. The book, which ‘will be long, is intended for publication, or if the author is tried before an international tribunal it may be read in his defense. ROYALIST PARTY Paris, Dec. 10.—Prince Henry of Prussia has procalimed the establishment of a royalist party in Germany. ENTER AIX-LE-CHAPELLE Cologne, Dec. 7.—¢Saturday)—French and American troops formally entered Aix-le-Chapelle today and took over the control of that German city from the Belgians. WANT WILSON IN GERMANY Paris, Dec. 10.—According to a wireless dispatch from the U. S. S. George Washington, says Marshal Houstin in Echo d’Paris, President Wilson has been informed that Premier Tbert and For- eign Secretary Hasse of the Berlin government and Premier Eisner of Bavaria were about to make an effort to get him to visit Ger- many. The president is quoted as making the following reply: Six sailed on December 6 and the|“Only by long years of repentance can Germany atone for her VACCINATION FOR FLU URGED BY PHYSICIANS Dr. Rosenow of Rochester Gives v~ Data. Upow Value of Innoculation TOTAL LIST OF DEAD 350,000 Chicago, Dec. 10.—Ninety per cent of deaths from pneumonia and Span- ;ish intlueng; properly =p ared vaccine is used,} said Dr. Rosenow of Rochester, Minn..| addressing the American Pudlic! Health association here today. Sur-! }geon General Blue said‘ that nearl 350,000 deaths occurred among civil-| ians from September 1 to December} 1 from pneumonia.and influenza, He; had no statistics from army camps. Gives Statistics. | Dr. Rosenow read statistics from! towns surrounding Rochester, show-{ ing that after the third innoculation there were nine cases per thousand as against 224 cases among innoculated, and 1.9 cases per thousand of pneu-; monia ag compared with 14 per 1,000! among those not innoculated. ' Deaths from influenza and pneu-; monia among those innoculated were | one-tenth of those among the unin-! noculated, Dr. Rosenow showed. Definite Protection. “By the use of a properly prepared} {vaccination, it is possible to afford a} ‘definite degree of protection during { the present epidemic. The results of our innoculations has afforded a def- inite degree of protection during the last six weeks and how much longer ‘it will persist no one knows.” Enforced Vaccination, | Enforced vaccination of travelers as a means of curbing the spread of dis- ease was advocated by Dr. Maurice Ostheimer of the bureau of health, Philadelphia, in an address last night befort the American pudlic Health as- sociation. It is necessary not only to enforce xisting vaccination laws, but also to make new regulations governing th vac ation of ults, especially mi- grating worker: he id. “During the last two y small pox has been carried into many states by negro families including rnvaccinate? adults and children, moving Northeast for well-paid work. One man, moving from plant to plant while developing smallpax, is known to have infected others in two separate localities. The} most practical solution would be gov-| ernment control regulating the vaccin-| ation of persons migrating from state} to state. “Would it not be possible for the United States Pudlic Health service to require the United States Railwa jadministration that tickets for any |place outside the state be sold only jto purchasers preesnting certificates jof successful vaeveination? _Certiti- eaten could be issued by health offi- cers or private pl cians. Such a | regulation would eliminate smallpox |from the United States.” STRIKE. HAVANA. Havana, Dec, 10—Street car traf- fic stopped at midnight as a result of the government arbitration . commit- tee’s failure to settle differences be- tween the siree trailway men’s union and the Cuban railway company. | pe Hea crime. No true American could think of visiting Germany unless forced to by strict obligatnons. That is to say, I decline in advance to consider any suggestions of this kind.” PARIS TRAINS CROWDED Paris, Dec. 8.—-(Sunday)—-Every train arriving in Paris brings large numbers of delegates attached to the various delega- tions to the peace conference, and by the time the delegates gather the officials of all nationalities will number between 3,000 and 5,000. The French delegates will have all their assistants near at hand, for the large staffs of the admiralty and war and foreign ini i antly available. Great Britain will have at perts of various sorts. The United States because of its remoteness will be’ compelled to have probably the largest and imost ‘complete ‘staff and for this-reason the American authorities ihave been compelled to take over larger accommodations than any other conferee. Italy also will have a large staff here, but will be able to have much ‘of its work done at home. European nation’s delegates will have at their disposal their own private telegraph and telephone wires with which they may communicate with their respective governments. So many hotels have been taken over by the government that it is impossible for are preventable when the soldiers to find accommodations in the city. WANT UNITED GERMANY (BY THE ASSOCIATED PRESS) Cologne, Dec. 7.—(Saturday)—Cologne, like other German cities, is seized with political ideas born of the revolution. a The conservatives are holding out for a united Germany. It is said that a separate Republic which would be known as the Republic of Northwest Germany has not yet been proclaimed def- initely by the radicals, who never liked the Prussian government and care less for the present regime in Berlin. The soldiers and workmen’s council of Cologne {is co-operating quietly with the old city government after the stormy days of a month ago. CALL ON BAVARIA (BY THE ASSOCIATED PRESS) Munich, Dec. 8.—(Sunday)—Premier Eisner, today called on the people of Bavaria to maintain strict order. He says that the disturbances such as those occurring Friday night cannot be tol- erated and that the troops assigned to preserve order have been instructed to use their weapons if necessary. RETURN FROM GERMANY Berlin, Dec. 10.—(Monday)—Twenty-six hundred American soldiers left yesterday for Switzerland. It is expected that the last of the Americans will be out of German camps by the middle of this week. UNDER YANKS’ CONTROL Coblenz, 10 p. m., Sunday, Dec. 8.—Coblenz tonight is under complete military control of the Americans with municipal author- ities co-operating. READHEARST’S TURBINE BLOWS LETTERSINTO | OQUTBECAUSE CONG. RECORD, OF EARTHQUAKE ashington, Dec. 10.—Letters from % 2 “ m Randolph Hearst. giving ai. |One Death in Minneapolis and rections controlling the policies of his| di 7, : apers were yead into the con- | Building Wrecked in sional recor dtoday. February 24, St. 1917, the New York American cabled Cao instructions to William Bayard Hale, | then a Hearst correspondent in Berlin,| St. Paul, Dec. 10.—Shortly after an and who, according to evidence re-|unusually heavy earth currents ca’ produced, was on Germany’s|a cable in a sub-station to burn out yroll_ without Hearst’s knowledge. |this morning, a turbine in the power st’s cable concluded: “We earnest-| plant of the Northern States Power ly desire to employ the influence of }Co. in St. Paul blew up.’ There were our country not for the extension and/no casualties. Small buildings adja- cent to the west wall of the power ‘plant suffered only slight damage. {One part of the turbine, weighing a |ton, landed in the street a block away. protraction of the war but for the promotion ofa real and lasting peace. NIELSON LEAD UP A 1,000. Official returns from Grand Forks county, corrected on wired instructions from Chairman John Steen of the state canvassing board, give Miss Min- nie J. Iscon, for the state superin- tendent, 3311. votes instead of 2311, as originally announced, increasing her total to 58,324 as compared with 52,777 for Neil C. Macdonald, the encumbent, CAUSES DEATH _ Minneapolis, Dec. 10—The explo- sion of a 13,000 volt transformer at a Minneapolis General Electric Co. sta- tion caused the death of Justin Bristol, an employe, and wrought considerable damage. Electric elevators were tn- able to run for some time.