The Bismarck Tribune Newspaper, June 8, 1920, Page 1

7 4 i THE WEATHER Generally Falr |THE BISMARC LAST EDITION Ee ‘THIRTY-NINTH YEAR BISMARCK, NORTH DAKOTA. TUESDAY, JUNE 8, 1920 PRICE FIVE CENTS SEN. LODGE VOICES KEYNOTE BEGIN ATTEMPT TO GAIN PARDON FOR HENRY LAYER, TURTLE LAKE MURDERER, CLAIMING INNOCENCE Relatives of Man Who Confessed Horrible Crimes Bring Up Charge of Railroading—Transcript of Evidence in Case Shows Judge Gave Man Every Chance to Deny It Relatives of Henry Layer, confessed murderer of seven mem- bers of the Jacob Wolf family and a chore boy on a farm at Turtle Lake in April, are planning to ask a pardon for him, it was learned today. A petition is to be circulated, and has already been presented to some people, according to word received from McLean county, declaring Layer’s innocence and saying he was “railroaded” to the penitentiary. Layer now is working in the twine factory at the peniten- tiary.. Last week he was in the hospital for a few days, claiming that he suffered from heart trouble, but he is now back at work. According to officials at the penitentiary Layer has made no pro- testation of innocence to them. JUDGE AIDED PRISONER In answer to the numerous inquiries concerning the manner in which Layer was sentenced to prison by Judge W. L. Nuessle, of district court, The Tribune has obtained a complete transcript WHILE RADICALS DISCUSS ISSUES Judge 'Nuessle gave Layer every op- portunity to repudiate his confession and almost pleaded with him to allow Goes to Chicago and Will Not Return Until Friday for Labor Convention the court to appoint a lawyer to de- fend him. Layer refused every op- portunity offered by the judge, seem- ingly anxious to take the sentence that he knew awaited him Judge Nuessle, the transcript shows, had Layer repeat everything he hai said in his confession, taking it step by step. repeating much of: the testi- mony. A The reward of $1,009 offered for the apprehension of the murderer has not yet been paid but the state auditing; board is expected to take action on it this we The complete transcript of the evi-| , dence presented before the court, is as follows: TRANSCRIPT STATE OF NORTH DAKOTA, County of McLean; [n District Court. Foat.h Judicial District. State of (North Dakota, Plaintiff, vs. Henry Layer, Defendant. This cause coming on to be heard in the District Court of the fourth Judi- celal District in and for the State of North Dakota, before the Honorable W. L. Nuessle, judge of the Fourth Ju-| tifting of the blockade of Soviet Rus- dicial District, in the ccurt room, in} sia; re-establishment of trade rela- the court house, at the city of Wach-/ sions with Russia and recognition of burn, McLean, county, North Jako he Soviet government; impeachment on this thirteenth day of May, A. D.} yf Attorney General Palmer; condem- pk. June 8.—Resolutions cov- al and economic condi- ns in the United States and labor's lemands on administration forces in shat country were presented by the score when the American Federation of Labor opened the second day of its sonvention today. The resolutions demanded # “hands fey toward Mexico; public own of railroads with democratic ion; home rule for Ire- ‘and; appointment of a committee to ay a foundation for a labor party; Ninteen Hundred and Twenty, at 1 p. m. of said day, John E. Willianis. state’s attorney for McLean county, North Dakota, appearing in behalf of the State, and the defendant apyear- ing in court in tite custody of the Sher- iff Ole H. Stetferud, the following pro- ceedings were had: The state’s attorney files written confession of guilt and asks permis- sion to file an Information. Examination of Defendant by the Court. Q. What is your true and correct name? A. Henry Layer. Q. How do you spell your last name? A, L-a-y-e-r. Q. You understand English pretty well? A. Yes, pretty well. Q. Do you read and write English? A. Not very good. Q. Have you seen this paper be- fore? A. Yes. Q. That is your name that is writ- ten there? A. Yes. Q. You wrote that? A: Yes. Q. Did you understand what you were doing when you wrote that? A Yes. Q. Did you read this paper over be- fore you signed it? A. They read it to me, yes. Q. Mr. Williams, the state’s attor- ney, read it to you? A. Yes. Q. Before he read this to you did he read another paper to you? A. Yes. Q. And in that paper you were charged with the crime of murder in the first degree? A. Yes. Q. You understand what murder in the first degree is? A. Yes. Q. And you understand what he) read when he read to you the paper charging you with murder in the first degree? A. Yes. Q. In this paper he charged yon with having killed Jacob Wolf. Jacob Wolf's wife, five of his children and his hired boy? A. Yes. Q. You understood that? A. Yes. Q. Now in this paper here you say you did that and you want to enter a plea of guilty to that charge? A. Yes. Q. What I am trying to get at. Mr. Layer, is. whether or not you know | just what you are doing? A. Yes, I think I do. Q. You knew Jacob Wolf? A. Yes. Q. You knew the children? A. Yes. iation of Postmaster General Burle- son; condemnation of industrial courts; repeal of recently enacted rail- oad legislation enfo: g compulsory irbitration, and establishment of an 2ucational system on management ‘or workers. Owing to the absence of President Jompers, who left y day for Chi- ago, the convention will en: little ousiness until Friday when he is ex- yected to return. BOARD VOTES T0 EXTEND PAVING TOWARD RIVER Two Blocks on Broadway to be Included in Paving Contract; Other Petitions Are Up Paving of two blocks on Broadway, between Washington avenue and Han. nifan street, will be ordered by the city commission, it was decided at a meeting held last night. All of the resident property owners asked for the paving. The width of the paving will be determined at the next meeting of the commission. The pav- ing will be included in the present contract. The commission also received @ petition for the paving of ‘Main street, from Washington avenue to the inter- section of Broadway and Main, and for the paving of Avenue A, between Haymond and Hannifan streets. These petitions were taken under considera- tion. Many residents of West Main street are anxious to have the paving con- tinued west before the building of the new bridge over the Missouri is complete. The commission awarded a contract for painting the white way posts, of which there are about 150, to the low bidder, A. B. Carley. He offered to paint the posts with the best graphite or asphalt paint for $1.1 Q. And you knew that they were! each. R. H. Crane offered to paint killed a week or so ago? A. Yes. them for $1.40 each. Q. And the State’s Attorney here Bids for removing garbage were has charged you with having killed them? A. Yes. Q. And that is what you want to enter a plea of guilty to? A. Yes, Confession is Filed COURT: Let the record show at this time the State’s Attorney of Mc-| Lean county appears before the Court, the Clerk of the Court being also pres- ent. and the Sheriff of McLean coun- ty being present and having in his charge and custody Henry Layer. and the State’s Attorney having filed a written confession and admission of guilt of the said Henry Layer, where- in the said Henry Layer admits that he is guilty of the crime of murder in (Continued on Page Six) { deemed too high and were rejected Readvertisement \ ordered. A bid for sprinkling the streets was awarded to Joe Katz, who offered to do the work for $120 a month, furnishing a team at the rate of $6 a day, for man and team. A higher bid was rejected. REPULSE POLISH ATTACKS London, June 8.—Repulse of Polish Ukranian attacks in the Keiy region and further south js reported in Mon- day’s official Bolshev tatement from Moscow, received by wireless today. An engagement east of Bobourisk, which the Soviet forces were succes ful, also is reported. Ce DEMPSEY TRIAL | SCHEDULED TO | START TODAY \ Charged That He Secured De-| ferred Classification Through False Statement FORMER WIFE INFORMANT | Kearns, Jack’s Trainer, Said to| Have Assisted in Alleged Conspiracy William Harrison’ (Jack) Dampsey, champion heavyweight pugitist and] his manager, Jack Kearns, on a charge of conspiracy to evade the selective act was scheduled to begin today in the United States district court here. The indictment against them charg- 2s against them specificically as a result of the alleged conspiracy that Dempsey swore falsely that his moth- ar, father and wife were wholly de- pendent on him and that he thus op- ained deferred ssification. he draft evasion charges against William Harrison (Jack) Dempscy, heavyweight champion boxer of the world, and Jack Kearns, his mana-} ger, were filed here in the United States District Court. The covering them i ence of three y in Dempsey’s case in the event of a conviction, There are two charges resting against him, one actual d evasion and the other conspiracy to affect such evas’on. The Kearns case is covered only by the latter charge. On the direct evasion charge Demp- | sey can be given one and on the con- spiracy charge two years and a $2,- 000 fine. Against Her Will | The indictments were returned Feb- | ruary 27, following statements made ‘o the federal grand jury by Maxjne Wayne Dempsey, divorced wife of the pugilist, that he sought her sworn testimony as to her dependence on him jn order to avoid military ser- vice, and that she had given such tes- ‘imony against her will. Subsequent. ly she retracted her charges in a signed affidavit submitted to the Unit- ed States District Attorney’s office here, and despite such retraction the grand jury returned the indictments. The Dempseys were married in Salt Lake City, Utah, Following the divorce Mrs. Dempsey was employed jin a dance hall in Wells, Nevada, and made her charges from that place. Demp- sey was charged with having falsely sworn that his father, mother, widow- ed sister and her two children were dependent upon him and that he had contributed $20 a month each to their support during 1917 and that he hal lived with his wife for 18 months be- fore being called up before the draft board. Kearns’ part was alleged to hav] been the coaching of Dempsey in his supposed act of draft evasion. ‘Both denied emphatically that they sought such evasion and introduced state ments from draft board officials to substantiate their claims. Mercury Rests at 87, Season Record Yes, it is hot today. The weather bureau agrees with all the rest of Bismarck. The of 1 thermometer showed 88 at 1 p. m,, the high temperature recorded thus far this season. Yes- terday the mercury got up only as far as 87. Humidity in the atmosphere caused 2 lot of people to believe t the temperature was much greater. Show- ers were jndicated this afternoon, NORTH DAKOTA DELEGATION WILL STICK FOR HIRAM Dakota's Chicago, June 8 North delegation met late yesterday afte; noon and voted unanimously to stick to Senator Hiram W. Johnson of Cal- ifornia in accordance with mandate of the voters at the March primary. When Senator Johnson appeared at the convention rally at the Auditorium last night the audience of 3500 stood, each waying a small flag, and cheered for 30 minutes. Old timers declare this to be the greatest demonstration ever given a presidential candidate for presidant. Fifteen thousand more waited an hour and a half at the overflow meet-| ing outside to hear him. Cc. A. FLATELAND DIES IN SOUTH; Charles A. Flateland, who formerly was employed at Hoskins’, died sud- denly in Alebuquerque, N. M., where he had been for several months for his health, according to word received today by his wife. The body will be sent to his former} home at Ossian, Ia., for burial, where his father and mother are ‘buried. s wife and five- har parents, and three sisters who live in Ossian, Ia. | June, Makes Keynote Address A. z Temporary chairman of G. O. i convention which opened to- day. N.P. BOOSTER SHOOED OUT OF TOWN BY LEGION Richardton Members of Service Men’s Organization Tear His Buttons Off NO VIOLENCE IS DONE| Ambrose Galliger of Bismarck! Post Walked Out of —Told to Beat It 5 Richardton, D., June 8.—Sergt. Ambrose Galliger, member of the Lloyd Spetz post, Bismarck, D., who was in Richardton yesterday to engage -a hall_and-agrange a meeting for “Father” O'Donagnue,.was met by the service men hexy,and.‘gscotted to the edge of the city dnd told to move on to the next town. No injury was done him state re-! sponsible business men whom the cor- j repulilican respondent interviewed today. The} service men were enraged that any} man wearing the American Legio sutton would go out and promote th campaign of Governor Frazicr after! is action in seeking the pardon of| Kate Richards O'Hare. The men were especially inflamed | over a cartoon appearing recently in the Butte Bulletin, a paper friendly | to A. C .Townley and the Nonpartisan | leaguy = This cartoon pictured the} American Legion as a wolf in sheep's | clothing, springing at the throat of wrganized labor. This attitude of many league lead- ers to the Legion did not heln Gallis- r’s reception. Galliger’ has been} identified with the league. mis au. | tude and signed statements in the lea- gue papers were investigated by the 83ismarck post and Mr. Galliger was} ordered by the inves ing commit- tee to recant and write a letter stat-; ng that he had signed statements in eagus, papers which were not the} facts, To date the post has been unable to| get such a statement and while his memb openly by his fellow members f iContinued on Page Three) PATRIOTIC DUTY DECLARES LODGE In Keynote Speech to National Convention Urges Defeat of Wilson Dynasty MEXICO BEFORE ARMENIA Duty Lies Nearer Home Than Balkan, Declares Temporary Chairman of G. 0. P. June 8.--The country must drive President Wilson and his “dyn- asty” from power and defeat the League of ‘Nations as he desires it, declared Senator Henry Cabot Lodge, temporary chairman of the republican national convention, in his keynote address here today. Defending the senate's opposition to the treaty of peace as a high and patriotic duty, the senator fiung down this gauntlet: “We make the issue; we ask ap- probation for what we have done. The people will now tell us what they think of Mr. Wilson's League and the sacrifice of America.” Major Issue While emphasizing the point that around the league must be waged the 1920 presidential campaign, an devoting much of his speech to ar- raignment of the Wilson adminis! tion, the senator found time to lay before the delegates the stand of the party on other salient preblems facing the nation Chief among these was Mexico, De- cl r the Unit s to take a firm hand in things and end the ‘disgraceful record” of the last seven years. Senator ‘Lédge urged that this coun- try let the ‘Mexicans choose aS their president some strong and upright man who is friendly to the United States and aetermined to establish order and then lend him a real and cordial support. “Mexico lies at our doors,” he de- elared, “Tt is a primary duty for us to deal with it under the Monroe doctrine, but nothing has been done and yet we are asked to take a man- date for Armenia.” Salient points made Lodge were: | “Mr. Wilson and his dynasty, his and assigns or anybody that his, anybody who with bent knee has served his purposes, must be driven from, all control, from all in- fluence upon. the government of the United States. Driven from Office “They must be driven from office and power, not because they are lemocrats, but because Mr. Wilson stands for a theory of administra- tion and government which is not American, “The return of the democrats to power with Mr. Wilson or one of his disciples still the leader and mas- ter of a great party, which before his advent -pos ed both traditions and principles, would be a long step in the direction of the autocracy for which Mr. Wilson yearns and a heavy blow to the continuance of free re- presentative government as we have always conceived and venerated it. “Mr. Wilson and the autocracy he and all which those who C is doctrines and share his spirit represent, must he put aside (Continued on Page Two.) ‘hicago, by Senator VICTORY TICKET SKETCHES | CARL KOSITZKY He Would Not Wear His Collar Early in the Game PLL GET YOU” YELLED A. C.; 1 | | | \ Carl Kositzky, the militant state auditor, alv refused to bow toy Townley. Soon after his election the | state auditor told Mr. A. C. Townley that he was going to run his office | without dictation from any one, Ko-| sitzky probably is the first insurgent | against the domination of the red} card socialists. He never stood for} Brinton, Mills, Roylance, Stangeland and the other utopian experts wh Mr. Townley and Comrade | ke im- ported to this state. “rll get you,” shouted Townley at Kositzky when he} refused to bow to the dictator during | a legislative session. When the league started to forget under which flag it was operating Kositzky was one of the men who remembered his oath of allegiance | to Old Glory and he refused absolute- | ly to do obseisance to the red flay which Cahill and Townley have ex tolled. For an endorsement of Kositzky we | turn to the Nonpartisan Leader of 1916. This is what the rank | and file of still think of | Ko: y and h and. Even| Justice Robins n league | justice of the supreme court is re- ported as supporting “Carl.” The sketch follows: > “One of the best friends the people of North Dakota will have a chance State Auditor Told Townley that | ‘i CARL R. KOSITZKY State Auditor | to put into office this year, is C. R. y, of Bismarck wh public eer in Burleigh county,. and dis tinguished record as the target of boss rule there, shown him to be of the right me “He is the Leagu state auditor, on which his burleigh county activities have am- ply fitted him to fill. 3ack of his (Continued on Page Three) LITTLE EXCITEMENT EVIDENT AS BIG POLITICAL POW WOW GETS DOWN T0 ACTION AT CHICAGO Old Guard Arrives Early, But They Take Their Seats Just Like Ordinary Delegates—Temporary Organization Apparently is ! to be Made Permanent. Chairman Hays Calls Convention to Order Without Preliminaries. The republican national convention assembled today, un- bossed, unbridled and no presidential candidate had enough votes in sight to insure his nomination. It promises’ to be a record breaker in all respects. It may cast more ballots than any other republican convention since Gar- field was nominated in 1880 before the party standard bearer isnamed. There.is still a complete absence of bosses as to leave the convention leaderless. It is true that several of the delegates are instructed either by the district conventions or by the state primary, but nobody, including their own state leaders, know how Jong they are going to stand hitched. CHOKED WITH REPORTS The air is choked with reports of delegation conferences at which it has been decided to stand by the favorite sons, or in- structions on enough ballots to comply with the state laws or fulfill the good faith of those primary expressions of preference. For instance one candidate issues a statement and serves notice that he wants no complimentary and favorite son votes but wants the real thing with a will to win. Almost at the same time his state delegation has a meeting and the delegates decide among themselves to give him all the first ballot and split up various ways on the others. The situation presents an opportunity for some shrewd leader to step forward at the psychological moment and invite a stam- pede movement. Practical politicians agree that an unled con- vention is an easy mark for a runaway. Coliseum, Chicago, June 8—The republican national conven- tion was actually called to order at 11:34 a. m. Soon after Chair- man Hays appeared on the platform and was greeted by cheers. Chairman Hays brought down his gavel with a whack and the convention came quickly to order. Charles E. Woodcock, of Louis- ville, offered opening prayer. The prayer was a long one and at its conclusion the audience broke into the “Star Spangled Banner” at the request of a song leader. Forty minutes before the convention was due to open the band struck up and delegations began getting into position. The hall was filling rapidly and many of the notables were arriving. There was a marked absence of confusion. The old-timers said it looked j almost as tame as four years ago. ~~ OLD GUARD EARLY Unlike former conventions the old guard came early. In the old days they were the last to arrive, being held back by confer- ences. As many of the leaders took their seats without causing a ripple of excitement the band played a mournful air. There were many women delegates and alternates on the floor. The seating arrangements were altogether different from four years ago. still streaming in. comprising only delegation. beauty roses. In the front row were delegations from California, North Dakota, Connecticut and Virginia. A SEA OF FLAGS Twenty minutes before the hour for opening the crowd was It was not until then the electric lights were turned on, throwing into relief the thousands of American flags The floor was about half full that time. Decorations on the platform were big vases of American Up to the moment Senator Lodge left the hotel for the coli- seum, there had been no final determination on the question of permanent organization and it was said chances were good of making the temporary organization permanent. START DEMONSTRATION . The gathering audiences began to show the first signs of ani- mation when the band struck up Stars and Stripes Forever. Whistlers in some parts of the visitors galleries accompanied the band. lection. The band then swung gro delegates from Tennessee. Massachusetts delegation, where Roosevelt was among the early yell.” The swelling chords filled waved. “Now,” shouted the leader, SHOESSHOW PRICE SLUMP The red | St. Louis, Mo. Jun tion in the wholesale price of vi us | styles of shoes of from 25 cents to! $2.00 a pair were announced today by | officials of three of the large shoe manufactures . | Reductions are on all shipments} | made after June 1, it was explained !and are retroactive to autumn orders | | placed prior to June 1, A material de- | cling in the retail price of shoes is ex- | pected as a result of the reduction, it | | was said. i $150,000 WORTH iOF WHISKEY FOUND | IN FARM HOUSE! | New Yor une ‘Federal prohibi-) | tion enforcement agents operating out) nce the supreme cour Swooping down | the hills aw York ed aridity legal, {on a farm house in {Pe rl river, (New Y : whiskey valued at $ [ed a former New York saloon keeper. | | of near | The first applause came at the conclusion of this national se- into Dardanella and there was shuffling of feet and suggestion of shimmy from some of the ne- When Senator Lodge reached the hall he took a seat in the he found Speaker Gillette. LIEUT. ROOSEVELT ON PLATFORM Fred Upham, the national chairman joined the conference and three men had their heads together for several minutes. Lieut. platform arrivals. Aisles were crowded with delegates who chatted freely. - “Columbia, the Gem of the Ocean” got a rise out of the dele- gates who stood and waved the tiny flags in time with the melody and when the band swung into a brief refrain from Dixie, southern delegates found the first opportunity for the “rebel the the great hall and a sea of flags “three cheers for the greatest country on earth, the U. S. A. of America.” Talk “Dark Horse” Overnight reports and rumors from candidates’ camp and delegation head- quarters shed no light on the situation, A triangular deadlock between Wood, Johnson and Lowden appeared a cer- tain result to come on the-first trial of voting strength on Wednesday or Thursday, with probably more than a score of favorit, sons, dark horses, or individual selections sharing more than half of the total vote. The roll call will give, however, the t clear intimation as to what the uninstructed delegates have been thinking. It was this situation that gave “dark horse” talk additional prominence in the hotel lobbies yesterday and with it came an undercurrent from arriv- ing delegations, suggesting after all that it might be well to put forth a randidate who has not been involved in the senate inquiry into pre-conven- tion campaign funds. Hughes is Mentioned Again the name of Charles E. Hughes occurred in this res Governor Coolidge. of Massachusetts, also was mentioned. Senator Borah, d, Judge Hughes “would be formid- able” if the convention were compel- led to seek a dark horse nominee. The Idaho senator, as the leader at Sen- meeting, as an outstanding convention- (Continued on Page Two) n’s great mass