The Bismarck Tribune Newspaper, July 10, 1919, Page 2

TOWNLEY WILL TAKE STAND IN OWN DEFENSE Head of National Nonpartisan League to Testify in Disloy- alty Case Tomorrow BAER DEFENDS PAMPHLET Declares Art Beat Woodrow to It on Latter’s Fourteen Points—Liked the Dope Jackson, Minn., July 9.—Congress- man J. M. Baer of Fargo, N. D., iesti- fying late today at the conspiracy trial of A. C. Townley and Joseph Gilbert, regarding his statement of principles in the Nonpartisan league’s war pro- gram pamphlet, issued in 1917, de- clared that the sentiments contained in the pamphlet have since shown that “myself and the league were five months ahead of President Wilson’s 14 points.” Baer declared that the attack on war corporations contained in the pamphlet was made before the gov- ernment passed the excess profits law. He defended the criticism of “imper- ialistie designs” contained in the pamphlet by asserting that his criti- cism has been supported “by the treaty recently drawn up at Versailles where Japan and other nations have gained vast territory which we must pro- tect.” Baet Cross-examined After Congressman Baer read his war declarations and explained them on direct examination, he was cross- examined by Prosecuting Attorney Nicholas and perhaps the most mem- orable scene in the history of the Jackson county courts followed. Nicholas, taking the utterances al- most sentence by sentence, demanded that the North Dakota congressman explain how the utterances should be construed as assisting the govern- ment in the war. Baer insisted, again and again, that he followed the atti- tude of President Wilson in drawing a distinction between the peoples and the rulers of various governments and charged the prosecutor with asking him unfair questions. Baer took the stand late in the aft- erynoon after a rather uninteresting session during which various witnesses for the defense testified regarding speeches which A. C. Townley and Jo- seph Gilbert had made in Minnesota during the war. Statement Explained Baer was asked by Attorney Hoke, chief counsel for the defendants, to read the statement of principles con- tained in the Nonpartisan league war pragram pamphlet and accredited, in the pamphlet, to Baer. Baer read the statement and explained it. “To conscript men, and at the same time allow ‘monopolistic corporations to profit upon the world’s misery, is undemocratic and repugnant to Amer- ican. ideals of liberty and justice,” Baer read from the pamphlet. “It is a monstrous injustice to ask the survivors of bloody fields to come home and pay the money cost of the war. It is equally unjust to permit lobbyists to oppose the conscription of wealth without let or hindrance, while making it a crime for a mother to oppose the conscription of her son.” Profiteers Not Stopped His explanation of that was as fol- lows, according to the court stenog- rapher’s transcript: “Right there I may say, up to the date of that speech there hadn’t been —the revenue bill hadn’t been passed and there was no taxes on excess prof- its. But they later—they brought in a revenue bill, About the time I got to congress this bill came on the floor. Every congressman knows and every man in political life knows that there are hundreds of lobbyists around the capitol (at Washington) and continu- ally they are permitted to appear andj use their influence at banquets and everything else to oppose this taxation on wealth. And, at the same time, mothers were being arrested and thrown into prison because they ap- pealed to prevent the conscription of their son.” Reads From Pamphlet Then Baer read from the pamphlet: “Then, why the millions of Amer- ican manhood sacrificed upon the bloody fiéld of war. Is it not because no means has yet been devised fot bringing to agreement these two peaceful peoples. I believe it is pos- sible these two peace loving peoples could and would agree to peace terms if their governments led the way by defining terms that would serve as a basis for negotiations.” The congressman then explained this statement: “Now there .I expressed the very idea that came six months later when the president did define our aims in the war. The 14 points. It was prob- ably five months later. And in those 14 points he set out the definite aims we had in the war and the terms of peace, or the terms of victory,:what- ever we desired to call them, and I claim that I was five months ahead and the league was five months ahead of the president and that in his-14 points—and finally in the four princi- ples which he gave before congress— that there is not one principle or one \The rare’ BEATZ*flavor:¥ Quality, lways the same. It leads thesn al (Mady by! ‘BLATZ ui Milwauke®) Gamble-Robinson’ Fruit; Company .; thes alld! issue in this speech thai cord with President Wilson.” Conscription Upheld In _ explanation of the statement, “While we are fighting to destroy German imperialism. shall we fight to support British imperialism,” “Al- ready as a result of the war, England holds in Africa 1,000,000 square miles of territory, and the premier, stated to the world that Great Britain would not relinquish its hold upon this ter- ritory,” Baer said this was proven by “the imperialistic treaty that has been drawn in Versailles now, where Japan and other countries have gained vastly and we, as a nation will have to pro- tect it or secure the integrity of those nations as they now stand.” Prosecutor Nicholas in cross exam- ination asked Congressman Baer to explain the meaning of the language used in virtually every sentence. His questioning drew from the congress- man the testimony. “I upheld conscription as the most fair and democratic means of raising an army.” Altho nothing was said about the sinking of American ships and the firing upon American women and ba- bies in open life boats in the pamphlet Baer testified, that he had discussed that in his main speech, “everybody knows that.” His Answer Is “No” Shortly before adjournment was taken the prosecutor asked: “You wanted the people to under: stand, sir, that the governments of the United States. and: Germany were keeping this war going after the peo- ples of those two countries were ‘at agreement, didn’t you?” The witness, after the question was repeated, an- swered “No.” Recess was taken at 5 o'clock and the prosecuting attorney stated he expected to question the wit- ness at length at the opening of court. When Prosecuting Attorney Nicho- las. began his cross examination he immediately referred to the league pamphlet. “You state on page 29 of this pamphlet as a complete sentence: “It is equally unjust to. permit lob- byists to oppose the conscription, of wealth without let or hindrance, while making it a‘crime for a mother to op- pose the conscription of the life of her son?’” asked Nicholas. “Now in connection with that state- ment, I would like to ask you this: Why did you couple up those two statements together in the same sen- tence?” my President’s Own Views - “Well, because the president had coupled ‘up ‘fortunes’ and: lives in his sentence and I was making a‘ com- parison with that, right in my: own statement,” Baer replied. ‘The pres- ident said: ‘We pledge our lives and fortunes.’ ” E “Now, as a matter of fact; Mr. Baer, you know and knew when you wrote that that coupling that: part of the sentence—that somebdy was making it'a crime or the government was mak- ing it a-crime for a mother to oppose the conscription ;of her son——coupled with the. statement -about: financing war, was-a means of saying indirectly, that what was being done in this coun- try in reference to cons¢tiption: was wrong, didn’t: you?” th . “Absolutely: not:” “Why did you—?” “T upheld conscription as :the: fair and ‘democratic means of raising, an army.’? we *% oo “Then, why, when you-were discuss- ing the conscription of wealth, did you go on.and add a statement that. the overnnient,. was. making .it a crime ‘or a mother. to oppose the: conscrip- tion. of her son?” 4 2 Cae “Because there were several arrests in different cities in the country where mothers appealed on account of theif song.” ny 2 “Now, drawing your atteiition to this language, ‘then why the millions of American manhood sacrificed-upon the bloody field of wat.’ Mr. Baer,’I want to ask you whether or ‘not in August or September, 1917, you didn’t know what the war was about?” “I certainly did know what it’ was about, and I knew the causes of it.” “And yet you was asking in public print that was circulated: over: this state, why the millions’ of. American manhood were being sacrificed upot thé bloody field of war, weten’t you?” “The point is, if you take the state- ment as a whole it shows that the president was working at the very same time for some way of: getting some’ aims in the war, so everyone would understand.” : “You didn’t say a word in this speech of yours about the sinking of American ships or the firing upon American women. or babies in ‘open lifeboats; did. you?” “I did in the main speech.” “Where?” ‘ “It is not: im this little excerpt, but it was in the main speech.” “It was not published in the league statement. Everybody knows that.” Cross examination of Congress- man J. M. Baer by the state was con- PHONE They are the tough tread tires ‘and: 4 marvel in théir're+ sistance to' wear. "206 Main St. 415. —EXCESS MILEAGE om ARCK, N. D. BISMARCK DAILY TRIBUN: tinued.this morning at the conspiracy trial of Joseph Gilbert and A. C. Townley. Baer’s: statement of prin- ciples was the target of the state at- tack. The congressman who was elected on that platform insisted that the statements were not only loyal but afterwards incorporated into Presi- dent Wilson’s fourteen points and that they aided in bringing the war ‘to a successful conclusion. : Prosecuting Attorney Nicholas ques- tioned Baer sharply régarding several sentences and asked the congressman to answer yes:or no as to whether certain sentences were aimed to assist the government. Attorneys for the defense an- nounced that Townley will take the stand tomorrow and that he will not make the closing address to the jury as reported, STATE MEETING OF LEGION SET FOR NEXT FALL North Dakota Convention Not to Be Held in Conection With: Homecoming Fargo, N. D., July 10.The state con- vention of American Legion will not ‘be held in Fargo the day of the home- coming celebration, July 21, but has been postponed until October at which time de‘egates will be elected fo attend the national convention in Minneapolis, November 11 and 12. The announcement was made last night- at. the meeting of Gilbert C. Grafton Post No. 1, American Legion, of Fargo, héld in the Commercial club rooms, Julius R. Baker, state chair- man, was the speaker. He stated the various chairmen in charge of the celebration and pageant had held a conference and agreed there would be so many events for the returned men |* on that day that’ it was deemed ad- visable to ‘postpone the state meet- ing until in: October. Posts Elect Delegates. Announcement to the effect that the first state’ meeting of American Legion would :be held in Fargo in pageant, reached: many «f the mem- ‘bers of the posts throughout the state, and according to word received at thé state ‘headquarters, several Posts elected delegates to attend the state meeting. Chairman Baker says the men given: the honor of repre- senting theirposts should carry out the obligations despite the fact that the meeting ‘has been postponed. Other Soldiers Welcome. Canadian soldiers’ in the state and soldiers of other’ allied nations are invited fo attend the Fargo home- coming and pageant and to march in the parade. Sergeant John Ross, formerly dep- uty sheriff of Cass county, recently Yeturned from military service, touched on this matter at the meet- ing. Sergeant Ross said that since his return, he has spoken to: several Canadian soldters..relative to the cel- ebration and they seemed in doubt whether or not-.they could take part in the celebration. “Every. allied. soldier; sailor or marine is invited to attend, to take part: in the festivities’ of the day and to.sharé.in ithe honors which the cit- izens of Fargo are going to give the fightérs,” said: Chairman Baker. Friends of North. Dakota , service men living in other states, some from as far West.as the state of Washing- ton, dnd others living in Michigan and Iowa, have written stating they are going to pay a visit to Fargo dur- ing the week of the Inter-State fair and be present for the North Dakota service men’s al fresco. ———— BASEBALL | ‘NATIONAL LEAGUE eae L. Pet. New York. . «048° 22 662 Cincinnati . 24 657 Chicago. 32.549 Brooklyn 32 = 529 St.: Louis 41 406 Pittsbergh 33.522 Boston... 41.369 Philadelphia . 45 297 AMERICAN LEscuR - L. . Pet. New York «. 122 645 Chicago . 25 682 Cleveland 29561 Detrojt .. 32 508 St. Louis 34-477 Boston 35.462 Washington . 40: 412 Philadelphia . 47.266 AMERICAN ASSOCIATION W. iL. Pet. St. Pauli... +89; 25. .609 Louisville 41 27 608 Indianapolis . -87 30.552 Kansas City . .34 30.581 Columbus ... .81 32.492 Minneapolis .28 33452 Milwaukee . +27 38 (AI Toledo........ +21 43 328 GAMES IN BRIEF if National League Cintingatls a Boston,’ 1i ittsburgh, 2; Brooklyn, 0. St. Louis, 12; New York, 8. Chicago, 6-4; Philadelphig, 1-5. ¥ American League Philadelphia, 7-2; Chicago, 8-6. Boston, 0; St. Louis,.3. 1 Washington, 1; Detroit, -2. American Association St. Paul, 4; Kansas City, 9. Minneapolis: Milwaukess Tain. Louisville, 6; Columbus, :7. AMERICAN ASSOCIATION core: R.H.E. St. Paul... rad 2 Kansas City ~ 9.12 1 Batteries: G Hargrave; Haines and Lalonge. Score: R.H-E, Louisville ++. 610 1 Columbus os) 410 1 Batteries: ‘incup and Kocher; George and Wagner. AMERICAN LEAGUE First Game Score: R.H.E. Philadelphia < Chicago .. 811 1 ‘Batteries: Rozer and McAvoy; Kerr, Lowdermilk, Danforth and Schalk. x S Game _Score:.. ‘ RHE, Philadelphia. 242 Chicago ...++- 612 1 ,|missioned Ross -Garrison, 1919.) Al Jolson “Til Say She Does" *_ Al himself says this song from /‘Sinbad” is his biggest hit.. Does We'll say he does.’ You'll say so, ! ‘~ ~ too, when you hear this record. That JAZZ BABY" Just Has To Jazz $0 will you, when you” hear Agnes Lynn, the ‘comedienne, sing riot. Coupled with “I Ain’t Got *en No Time to Have the Blues,” a tenor triumph. Jack Kaufman. ~ tA “Tears (of Love’ Get ws 10 $300; Pertod Designs up v6 $2100, ‘ ~ S 92745856 “Mammy’'s Lullaby ”—Waltz 2°. 5 0) 6 “The Red Lantern”—Medley Fox-trot . « “Yama-Yama Bh “Just Another Good Man Gone Wrong”—Fox-trot . Louisiana Five Jazz Orchestra ) A-2743 “Yelping Hound Blues”—Fox-trot . . . « « « Louisiana Five Jazz Orchestra Sings ‘Al: know what the public likes? \A-2746—85¢ “Friends’- a_Song of Appealing Sentiment - The Sterling ‘Trio sings of a life- time’s friends. ‘Coupled with “I’m Going“to Climb the: Blue Ridge Mountains Back to You,” :the greatest: love ‘song of this .genera- tion, sung by Campbell and Burr. ‘ A-2744—85¢ new Columbia this syncopated by Iiving and rd Ly A Few Delirious Dance Hits I «e's sie « The Happy Six A-2747 Waldorf Astoria Dance Orchestra f 85¢ Jockers Dance Orchestra ) A-2741 ’—Medley One-step 2. 6 2 « 0 « Jockers Dance Orchestra § 8c jues”—Medley Fox-trot « 2. 6 6 o : 850 the Great Midsummer Dance List Just Out New Columbia Records on Sale the toth and 20th of Every Moutn COLUMBIA GRAPHOPHONE COMPANY, NEW YORK _Batteries: Johnson, Kinney and Pez- | kins; Faber and Schalk, Lynn. j R. Score: HE. New York od 7° 0} Cleveland 2 60 Batteries: ; ell and Hannah; .Coveleskie and O’Neill. Score: R.H.E. Boston -07 0 St. Louis eon 1 Batteries—Mays and Schang; Soth- oron and: Severeid. NATIONAL LEAGUE Score: R.H St. Louis. New York . -.8 8 6 Batteries: Mays, Sherdel and Sny- der; Schupp, Dubuc, Ragan and Gon- zales, McCarty. Score: R.H.E. | Cincinnati ~38 8 0} Boston . si. 84.2 Batteries: Sallee and Wingo; Mc- Quillan and Gowdy. First Game Score: Chicago ... Philadelphia . Batteries: V: cobs and Cady. Second Game Score: .H.E. Chicago:... weeee 412 0 Philadelphia ». 513 3 and Batteries: ouglas, Bailey O'Farrell; Rixey and “Clark. R. Score: H. Washington § Detroit -2 6 2 Batteries: Shaw and Picinich; Bo- land and Ainsmith. ROBINSON LEFT OFF STOCK BOARD Governor Frazier ‘this morning com- Martin, a Powers Lake; Burke county, cattleman,:to be member of the live stock sanitary board for five years to succeed Dr. Robinson of Garrison. Dr. Robinson was a witness for the government in a@ number of the alleged sedition cases ~~: Columbia Phonographs. - Columbia Records ON EASY TERMS WHEN DESIRED COWAN’S DRUG STORE AUTOISTS MUST DISPLAY TAGS City and county police officials have been advised that under penalty of removal for failure to do their duty they must strictly enforce the automobile registration laws of the state. : It is required by statute that an automobile license tag be displayed by every car and truck of every descrip- tion, fore and rear. Bismarck police will insist upon the observance of this law to the letter, and they have been ordered to arrest and arraign any automobilist whose car is not properly tagged or who cannot show, in the absence of such tags, that license has been applied for. Automobilists will save themselves considerable ex- pense and the embarrassment of arraignment in police court by immediately conforming with the provisions of the law. ea : Q : C. J. Martineson, Chief of Police. implicating league’ organizers or of- ficers which originated in and about ey Pane veaen HOON al pseu De Pere H