The Bismarck Tribune Newspaper, December 9, 1919, Page 7

TUESDAY, DECEMBER 9, 1919 "WANT COLUMN HELP WANTED—MALB Al Te Angeles 3. Ab © Pe SS eI YT HELP WANTED—FEMALB WANTED—A, College or school ginl, to work for board and room, Call 871R. , 12-6-1wic STIC WANTED—Modern .. $8.00 per week, Steady job. Q. Nelson, Dunn Center, N. ] A. imo ‘WANTED—Girl for general housework, Family of three, no children, good Wages, Phone 751 or call at 117 Main St. 12-4-tf WANTED—Housekecper or girl for gen= eral housework, Mrs, ¥ Ave. B und 1st St. AGENTS AGENTS WANTED to sell the Premier Kerosene oi) gas burner, the simplest burner made; will not carbonize; be installed: by anyone in any cool heating stove, without™ removing any parts. Call or write for description, Premier Burner Co., 519 2nd Ave N., Fargo, N. D. 12-6-lwk ROOMS FOR RENT iS WANTED TO RENT—Four or five mod- yn unfurnighed rooms, or small house. _Calj 60 and_ask for Barth. 12-8-1wk FOR RENT—Two rooms, all modern, warm place for winter, $7 and $8 per month, 713 3rd: St. 12-4-6t FOR RENT—Furnished room at 403. ard FOR) RENT—Modern furnished front room at 412 3rd St. Phone AGG 6 12-6-3t Phone 867. 11629-tf POSITIONS WANTED stenographer. Call 62 12-5-1wk FO SWANTED—During holidays by teachers experienced in clerking, in voicing, housekeeping, cooking, moth- ers helper, trained nursing. ” Answer G. LW, care ‘Tribune, “11-28-2wks FOR SALE OR RENT— HOUSES AND FLATS YOR RENT—Furnished $ yroom modern house, including 4 bed rooms, close in, to satisfactory party, without ‘children. bout Juntary first. P. y. 2 AUTOMOBILES—MOTORCYCLES RS i—Late model R-! upmobile © good condition. about 4,000 mil Kelly, tires throughout; new spare tir equipped. Write Box P. O. 150 FOR: SALE—Ford touring car, with Presto-light. Call 635 FOR, SALE—A Ford touring car in good condition, Phone 406 F-13, 12-4-lwk MISCELLANEOUS AMERICAN Adding and ‘Listing Ma- chine, Brand new and guaranteed, vis- ible printing, red totals, and all latest features, remarkably low price, $10.00 cash and balance small monthly pay- ments. Write 114, care Tribune, 12-8-2wks. A GOOD THRIVING, Ladies’. Ready-to- wear stock for sale in North Dakota town of twenty-five thousand.» Splendid: location, _ Reason for selling, health, Write 114, care Tribune % {_12-8-1wk BRAND. NEW. Rex Visible Typewriter equipped with every. modern feature and fully guaranteed Will sell for three dollars per month, Write- 118, care Tribune. 12-8-2wke. MRS. FRED” PEPPER—Formerly. resid- ing at 48-Lowell St., Andover, Mass. ‘Write me at once. Mrs. Jos. Williams, No. 97 Cowper S8t., East Boston, Mass, pba ute wel biter eed rere nl FOR: SALE—One Western Washer and one: wringer. ' Call 620 6th:St.,.or phone 329k, 12-6-3t WAN’ Call 622, Inquire at 104 AV j-lwk SEND YOUR HEMSTITCHING. and Picot edging to Mrs. N. W. Kelley, P. O, Box 212. Bergeson pe ‘i 2-6-1wk poor —A few. table boarders. TH WANTED—Washing... Phone 43' ee FOR SALE—Household furniture includ- Ing dining room table and chairs, dav- enport, three rockers, bed, dresser, reading lamp, oil stove, ete, Call evenings 415 8th St. Phone 39 74 FOR SALE—345 acres of North Dakota Wheat land, joining small town; 100 acres under cultivation, good building site, running water, $25.00. per acre, $1,000 down, balance arranged. Write 113 Tribune. 12-4-1wk A GOOD IMPROVED FARM FOR SALE or rent in Red) River Valley, Minne- sota, Iour miles from good town, Write Cc. L. Kellstrom, Bismarek, N. 2-4-1wk wood or coal price right. 12-4-lwk Baby carriage in A-1 condi- tion, | sell reasonable, Phone 671L, or call at 300 13th St, 12-3-1wk of butcher tools and shop fixtures at’ a bargain. J. M. Wirth, Braddock, N>-D. *123-2wks FREE WISCONSIN BULLETINS—Soil, climate, crops, Immigration Bureau, Wisconsin Dept. of Agriculture, Capitol 71, Madison, Wis. 11-24-60t FOR /SALE--Steel range, food condition, The Spring of 1920 ig. going to see the biggest lot movement witnessed in: Bismarck during the last thirty. years.. There should be 200 houses built next year. Even that will not take care‘of those who want them. We have about three thousand vacant lots on all sides of the city: which we can offer at all sorts of, prices and terms. Get your home for yourself. It is lots cheaper than to. rent. F. E. Young Real Estate Co. Sole agents for Riverview Addition, Lincoln Addition and three thousand lots in other. parts of. the cit; | FRECKLES‘AND'HIS'FRIENDS __ "WELL - Good W. F. Steele, Cor, FOR SALE—New best kersey coat, muskrat collar, quilted satin, lined throughank, a handsome coat; size 40. New Patrick Duluth great. coat, quarter lined with: silk; value $66, for $50 cash; size 42; new. These overcoats latest models. Sizes 36, New,’ eight suits; sizes 86 to 40. You'll have to hurry. Klein, Tailor and Cleaner, T t housekeeping January Ist. Write 110, ‘Tribune Co Ke ti ¢ a | SUPREME COURT | si ERE ET Le 5 From Ward County. The State of North Dakota, ex rel, Henry Qlson, Plaintiff and Respondent, v. The Royal ‘Indemnity Company, a corporation, st Defendant and Appellant. In an action’ upon 2 warehouseman’s bond, where it appeared that the prin- cipal was insolvent and his’ patrons who held storage tickets for the grain stored in: the principal's elevator had surrendered them in exchange for promissory notes of the principal in 1y|order to allow him, to continue his business, and the defendant bond com- Vully pany knew of the insolvency and of i|the settlement and received the. stor- nee, tickets from the principal, it is held: (1) Where a warchouseman’s bond is. conditioned: for the payment by: the warehouseman for all grain purchased and all sums for which the principal shall become liable to holders of ware- house receipts, allegations of fraud, false representations: mistake: in the surrender: of ‘storage tickets for promissory notes are non-essential and. need not be.proved. 4 (2) Where liability is based upon a: joint: bond: of the-warehouseman and a bonding company, the principal is a necessary party defendant, but where the attion. is brought as one ip equity to determine the rights of all parties having’ an- interest’ in litigation the’ liability of the bondsman, and. where \neither’ plaintiff nor, defendants, seek any relief against’ the warehouseman, a judgment may: properly. be entered against the bondsman. (3) «Though the action to one triable to the court asa suit in equity, it was not error for the court to deny the defendant's motion that the case he. tried to the court. Under Section 7608, C. L. 1913, the: trial court, in its. discretion, could properly submit to 4 jury issues of fect in an equity ease for an advisory verdict. (4). Where~ the actual intention with which an act isdone is material, a party may give direct testimony of his intention, i (5) A promissory note of a debtor does not operate as an absolute pay- ment of his obligation unless it was intended to so; operate. (6) Where a party allows hearsay testimony: to be elicited without ob- jection, he cannot predicate error on the reffisal of the trial judge to strike out on motion a selected portion of such testimony, Appeal from. the District Court of Ward County, Leighton, J. Affirmed. Opinion of Court by Birdzell, J. Bronson, J. being disqualified, did not participate. Fi W. H. Sibbald and John C. Lowe, attorneys for plaintiff and “Respond- ent,, Minot, N..D. W. H. Stutsman, Mandan, attorney for Appellant. From Ward County. _ The Aluminum Cooking Utensil Com- pany, a corporation, Appellant, Vv. J. M. Rohe, Respondent, 1, In an_ action on a letter of credit wherein. the maker agrees to pay for all goods ordered and not paid for, by another party when due, it is held that such letter consti! sa con- tract of guaranty and that it is neces- sary to plead and prove notice of ac- ceptance thereof by the parties to whom the guaranty. was given. 2. In-such action, where the com- plaint has failed to allege such notice of acceptance given but, nevertheless where, in the trial of such ‘action, proof is received, without objection, that. such notice of: acceptance was ‘given, after the trial court had over. ruled a motion to dismiss such co: plaint upon the grounds of its insuffi- ciency, it is held to be prejudicial er- ror to ‘dismiss such action, upon the ground that such complaint failed to allege notice of acceptance, without permission. granted. to. the pleader to mend’ this complaint’ to‘ ‘conform to the facts: proved; a Good Niewt 4 NR. BRYSDN- DoD \W ASAIN. i TWAT ; WED TALC DOINGS OF THE DUFFS HELLO HELEN, HAVE You Been DONG Some CHRISTMAS: BHOPPING P BISMARCK DAILY TRIBUNE Nou must Be REA FSH , BUYING Two Muar DIDNov Ger Him FOR Him sere? in. Distriet:- Court, Leighton, J. REVISED WITH DIRECTIONS. Opinion of the Court by Bronson, J. W. H, Sibbald & M. R, Keith, Attor- neys for Appellants, KR Clausen, Attorney for Respondent. From Golden Valley County. The State of North Dakota, Plaintiff and Respondent, ve Adolph Lehman, Defendant and Ap- pellant. (1) . The Defendant. was, by. an in- formation, charged with murder in the: first. degree, and after.a fair trial was, by the jury found guilty: of mur- der in the second degree; it fixed his punishment at 20 years in the penitentiary... Upon this. verdict, the trial court accordingly entered judg- ment. Held the record on appeal presents no error and the judgment must be and is affirmed. (2) Where one is charged with murder, and is duly placed upon trial therefor, and a plaa of not gul entered, and the defense is justifiable homicide based upon a claim of self defense, threats of the deceased made prior to the time of the homicide are not admissible, though it appear, as- suming the evidence offered on behalf of defendant to be true that, at the commencement of the final trouble re- sulting in the homicide, the deceased committed an overt act by threaten- ing to take the life of defendant and engaged in physical encounter with him, though displaying no dangerous weapons, and where he later, desist- ing from the struggle, threatened to go to the house and get a gun and shoot the defendant, the barn being on one end of a village lot, and the house where the crime was committed, on the other, where it further appears that defendant might have retired to a place of safety when deceased went to the house, but instead of doing so, pursued the deceased and shot at him while pursuing him followed him into the house and through it to the bed- room, where deceased had taken tefuge, and where he and his mother- in-law tried, by holding against the door, to prevent the defendant from entering, and who, after failing to push the door’ in, shot into and through: it twice, wounding the de- ceased, and afterwards entering and shooting him to death. (3). ‘The claim of self-defense is Roe maintainable where the defendant, had ample and full opportunity to retire to a place of safety and thus avert the crime. (4) When‘ihe deceased first assault. ed and attacked. the defndant, ‘it was an overt act, initiating the right of self-defense in behalf of the defend- ant. Had he then acted, there possibly. would be merit in his: claim of self- defense, and evidence of prior threats would: have properly been admissible. After the deceased retired to the Ward County, FeiLow CERTANIV - \SO A PECULUR DUCK = end'through the house to the bed- ut ‘aa | AN' ARM OFF Nou \F Youd: LET WIM. Pop. Tu FELLA LEFT WS UMBRELLA! 7} A NEW TRAVELING BAG - GEE, MINE IS APERFECT ‘OTTO AUTO ‘ious and was followed by defendant | Phe’ Merry Shoppers— 4] LALW BY ALLMAN one Preseur FOR. THE House AND, ONE FOR HIMSELF 7 Appeal from judgment of dismissal room and there, with his mother-in- law, tried to hold the door thereof in an effort to protect his life, by pre- venting entrance of the defendant, who persisted in trying to enter, and who, in endeavoring to enter, shot twice through the door, and after- wards gained entrance and shot his victim to death. It is held, in these circumstances, the defendant was. not acting in self- defense, but as a persistent aggressor, |tioner and relator for writ of manda- | and evidence of prior threats wasjmus, commanding Thomas Hall, as_ properly excluded and were not ad-|Secretary of State, to certify the name missible for the purpose of establish- ing a claim of self-defense, Appeal from the District Court of Golden Valley County, Hon, W. L. Nuessle; Judge. JUDGMENT AFFIRMED. Opinion of: the Court by Grace, J. Wm. Langer, _ Attorney General, Edw. B. Cox and A. E, Sheets, Jr., Assistants Attorney General, Bis- marck; J. P. Cain, States Attorney, Dickinson, Attorneys for Respondent. L, A. Simpson, Dickinson, Benjamin Taats waar | BouGHT MY HUSBAND AND 1 HAD MY ENITIALS. pur ON (T- Ho-HO-HAH-Han ~ Rigler, Richardton, Attorney for Ap- pellant. From Burleigh County. State of North Dakota, ex rel, C. P. Peterson, Petitioner, v. Thomas Hall, Secretary of State, and ! Forrest Vaughan, County Audi- tor of Towner County, Respond- | | ent. Upon the application of the peti- of the petitioner and relator to the ; County Auditor of Towner County, \which constitutes the 22nd Legislative {District, as candidate for the office jof State Senator, at a special elec- tion to be held on the 25th day of November 1919, and upon the petition of the relator for a writ of manda- mus to compel such County Auditor toe place the petitioner’s name upon the election ballot. It is held, for reasons stated in the jopinion, that a writ of mandamus BY AHERN “THetr'S ALL BETWEEN MEALS IS RUN, To WORK UP ON APPETITE ~ AND [LL BETT MAKE Sa snewey LOOKING SANDWICH A IESE BORNEO RAZEOS DO #&, | “TW Menu — THESE GINKS WILL PASS UP A MEAL TO SHAKE A WILD ANKLE IN A LIL The Poor Man! OF ALL THE ABSENT- MINDED PEODLE t! RELIEVE HE'D LEAVE HIS cee IF IT WERE Loose! ‘country during a cold, stormy night, ‘and as a result suffers discomfort, and linconvenience, He is not entitled to ‘recover damages for discomfort and } concerning the progress of the church's | nation-wide campaign when it was pro- } posed to launch one big movement to ! provide men, women and funds for the | cial service. ‘Tribune Block Bismarck, N. D. Suite 9,11—Lucas Block—Phone 260 should issue against Thomas Hall, as |° Secretary of State, and against For- rest Vaughan, County Auditor of Towner County, as asked and prayed for by the petitioner and relator, Petition for original writ of manda- mus. Writ ordered issued, William Lemke, Fargo, for Petitioner, William Langer, F, E. Packard, Bis- marek, for Respondents. Attorney From Bottineau County, J. J. Weeks, Plaintiff and Respondent, v. Great Northern Railway Company, Defendant and Appellant. 1. Where passenger — sustains damages by on of misinformation as to the time of the departure of s, by a carrier’s employees, the liable for the actual dam- ained by the passenger prox- ‘aused by reason of the mis- information. 2. Where a passenger who has been misinformed as to the time of the de- parture of a train, and as a result thereof has missed his train, procures an automobile and equipped with i adequate — clothing, driving — across inconvenience endured during such trip as the negligence or wrongful ac tion of the carrier was not the proxi- mate cause thereof. Reversed and remanded trial. Per curiam opinion. BISHOP ADVOCATES CHURCH ADVERTISING for new The Rt. Rev. James Wise, Bishop James Wise of the Episcopal diocese of Kansas {s the leading advo- cate of advertising in his church, Bishop Wise has announced emphatl- cally that the pr should be a great medium for the m ge of Christiani- ty and that churehes should advertise their servi intelligently and per- sistently as a merchant advertises his wares. The bishop was a member of the press committee at the triennial general convention of the church in Detroit and since then has been tour- ing the middle West speaking in the interes sopal church's na- tion- ble to inform the communi expansion and extension of all the copa church's ties, especial- ns, religious education and so- BISMARCK _ FURNITURE CO. 220 Main St. Furnitire Upholstery Repaired, Refinished and Packed. E. T. BURKE LAWYER Phone 752 R. S. ENGE, D. C.,Ph. C, Chiropractor Consultation Free DR. W. H. PEWE, D. C, Doctor of Chiropractic Lucas Block BY BLOSSER eS TL WEARD HUA SIV EB WE WUZ GOING To COLORADO FOR HIS The “White Feather.” The expression, “He chowed the white feather,” has Its origin in refer- ence to game cocks, Pure-bred gama cocks have only red and black feath- ers, but crossbreeds sove a white feather In the tail, The slightest im- purity fn strain Is said to destroy the bird’s pluck, hence the white feather Ja used to denote cowardice, ‘Tribune Want Ads Bring Results. Business Directory SHOE FITTERS MAIN STREET PROFESSIONAL FrnisHinG Fok AMATEUR PROToGRArHER? Al NT FN * BISMARCK Bring or Mail in Your Films for Expert Developing ~ FINNEY’S DRUG STORE Bismarck, N. D. WEBB BROS. | Undertakers — Embalmers | Funeral Directors H Licensed Embalmer in Charge Day Phone 50 Night Phone 65 PERRY UNDERTAKING PARLORS Day Phone 100-M Night Phones 687 or 100 , Licensed. Embalmer in Charge Bismarck Construction Company GENERAL CONTRACTORS Western Sales Bldg. Phone 35 "Bismarck odak * PRINTING —— FINISHING DEVELOPING AND ENLARGING MAIL US YOUR FILM Orders Filled Promptly by Experts HOSKINS Bismarck DE LAVAL 2 Cream Separators The World’s Standard FRENCH & WELCH Hardware Implements Harness BISMARCK MOTOR COMPANY Distributors of STUDEBAKER ——and—. CADILLAC Automobiles BUICK and OAKLAND Valve-in-Head Motors CORWIN MOTOR CO. Bismarck, N. D. STORY Sepvice SIA CORWIN MOTOR Co:sisnar ns