The Bismarck Tribune Newspaper, August 9, 1920, Page 1

“ the relatives and friends of ooo | THIRTY-NINTH YEAR BISMARCK, NORTH DAKOTA. MONDAY, SMARCK TRIBUNE LAST EDITION PRICE FIVE CENTS ~ AUGUST 9, 1920 POWERS WILL HELP POLAND JUDGE 1S HELD ENTIRELY FAIR IN LAYER CASE Nuessle Gave Man Who Admit- ted Turtle Lake Murders Fair Trial, Lawyer Says, NEW THEORY IS ADVANCED Murders Committed at Differ- ent Times, Possibly by Two Men, Is Suggestion Reports that political enemies of Judge W. L. Nuessle, of district court, were stirring agitation in behalf of Henry Layer, serving a life term sen- tence in the state penitentiary for the eight Turtle Lake murders, in an effort to “get” the jurist, were given |" a blow today by James Morris, of the firm of Kelly and Morris, of Carring- ton, retained by Layer’s relatives and| friends to seek a new trial for him. “An examination of the records in} the case and investigation shows that | Judge ‘Nuessle~ discharged his func- tions as judge in the case fairly and according to law,” said Mr. Morris. “Judge \Nuessle’s actions in the case | are beyond reproach and his treat- ment of Layer was entirely fair, it appears from my investigation.” j Mr. Morris came to Bismarck after spending some time at Turtle Lake, going over the records, the scene of the horrible crime in which the fam-} ily of Jacob Wolf, except for a baby, was wiped out and a chore boy kill- ed. He talked to Layer in the stale penitentiary here yesterday... States No Conclusions ‘Having not completed his investi- gations, Mr. Morris would state no conclusions in the matter. He said Layer who retained his firm’ to act in th? ‘case said that they wanted to clear a doubt existing in their minds and of many other people that Layer was guilty. “His firm is interested only in getting at the absolute truth in the case, he added. If a motion for a new trial is filed it probably will be filed at: Wash- burn in district’ cotrt, where Layer, was sentenced. There is believed to tbe no similar case in North Dakota judicial history in which a man sen- tenced to life imprisonment for mut- der, asked a new trial after beginning his sentence, but. there are said tv ‘be. precedents in other states, Mr. Morris said ‘that. he was not in a position just now to state what ac- tion might be taken. The basis for a plea for a new trial probably would be on the grounds of newly discover- ed evidence. i ‘We have Layer’s present story, the story of other people and the cir- cumstances in the case to consider, as against the confession and the story of the officer,” said Mr. Mor- ris. “The two stories are opposite. Describes Convict “Mr, Layer says that he made the confession under duress, ,and that he pleaded guilty and accepted his sen- tence because he feared further ilt- treatment at the hands of the of ficers. In prison I saw him for the first time, and I found him apparent- ly a mild-mannered farmer, with nothing of the criminal in his appear- ance.” One of the claims that Layer now makes is that he was taken at one time quickly from his cell and rushed by a rear stairway into a room in the courthouse by officers who said a mob was after him. He |< represents that he feared for his life and believed the only safé place would be in prison. He claims to have been given the “third degree’ in the Washburn jail. 3 The theory now taken’ by the friends of Layer is that two people committed the horrible crime. Fir- ing was heard by neighbors at about 9 a. m. and 12 noon on April 22, they say. Wolf, it is claimed, was in the fields during the morning with one daughter and the chore boy Hof- er. \New Theory in Case According to the new theory the fiendish murderer killed five people about 9 a. m. and waited until the three others came in from the fields at high noon and killed them. The theoty is advanced that there may have been two people-who committed the crime on the basis for this the- ory being that all of the people were killed with double-barrel shotgun charges, and that one man would have had to reload the gun several times, Wolf was shot twice. The new theory also brings in the question of motive. Layer, in his confession, said that the trouble arose over Wolf’s dog attacking % cow of Layer’s. Mr. Morris says this trouble occured last October and that the cow could not have been badly injured begause it was sold the other day for a good price. . Officers Deny “Third Degree” 4 Jf the murderers were committe." by one or two men who killed five people at one time and then waited for thee others, the immediate cause, it is said, was not a quarrel, and*the criminal must mave premeditated the act and planned it long before. ‘On the other hand, officers in the case declare that eertain details of the crime were not established until after Layer had’ told them in his | confession, and that the subsequent: ; ly were verified. This fact alone, they claim shows that Layer was the criminal. They also indignantly de- ny that the “third degree” was used. RICH AMERICAN GIRL CHARGES SHE’S CAPTIVE LUSS AUNA WRIGHT. Miss Anna Wright, New Yark wo- man, said to be worth $60,000.00), who charges she is being kept pris- oner in the palatial Villa Bragiotti at #lorence, Italy. She cries to the passersby that relatives are holding her captive, An investigation of her sanity has been orderedys. esa SUPREME COURT TO REVIEW ACT OF BURNQUIST Calls for Review of Dismissal of County Attorney * Nash St. Paul, Aug. 9—Governor Burn- quist has been ordered to send to the state supreme court for review all rec- ords in the case of William M. Nash, Hennepin County attorney, removed by the Governor, and all further pro- ceedings under that order have been stayed pending such review or fur- ther court! order. as.a result of the is- suance of a writ of certiorari by Judge Andrew Holt, associate justice of the supreme court. The order of Judge Holt makes it unnecessary for the board of county commissioners to select a successor for Mr. Nash at this time. It has been announced that the commis- sioners would meet to name a new couniy attorney. Returnable August 30. . The writ is returnable at 9:30 a. m., August 30. Paul J. Thompson, acting county attorney, will remain in the position and all the assistants appointed by Mr. ‘Nash will remain undisturbed. M. H. Boutell, counsel for Mr. Nash, presented the petition to Judge Holt. In that petition Mr. Boutell cited the following: ‘First, that the findings of the gov- ernor were contrary to fact. __ Second, that the findings were man- ifestly against the preponderance of the evidence. Third, the only evidence supporting such findings is that of witnesses whose testimony was utterly discred- ited at the hearing. __ Many errors on the governor’s rul- ings on admissability of evidence also were cited. __ Nash was charged with delinquency in office as a result of liquor smug~ gling. CARS TO MOVE CROPS, DEMAND OF COMMITTEES Washington, Aug. 9—Conditions in the northwest are such that many firms face bankruptcy’ unless. suffi- cient cars are furnished for the move- ment of the grain crop, the Inter- state Commerce commission was told here today by bankers, grainmen, and railroad men representing the states of Montana, Minnesota, and Nortn and South Dakota. They asked that the commission is- sue an order guaranteeing a car sup- ply for the northwest suffigient to move the grain crop. Many North Dakota people are members of the commission which ap- peared in Washington today. The de- cision to go to Washington was made last week at a meeting held in Fargo. | paid’a tribute to Governor James M. ROOSEVELT IS GIVEN WELCOME _ BY HOME FOLKS Democratic V ice- presidential Nominee Formally Accepts the Nomination URGES NEW U. S. METHODS Rearrangement of Manner of Government’s Functioning Held Important |Need Hyde Park. N. Y. Aug. 9.—Franklin D. Roosevelt, formally notified and formally accepting the Democratic nomination for the Vice-presidency here today, pledged his party’s sup- port to the league of nations~end urged the reorganization of the bus- iness of our government as an im- portant problem confronting the next national administration. Neighbors Greet Him Listinguished Democratic party leaa- ers and a large assemblage of Duchess county neighbors among whom he has lived all his life, greeted the nominee. Mr. Roosevelt, who arrived here last evening from Dayton, where he at- tended the‘notification ceremonies of James M. Cox last Saturday, rose early to assist his family in making prepara- tions to receive a crowd of 12,000 at Springwood, the Roosevelt ancestral estate. ‘Mr. Roosevelt, beginning his speech, Cox, saying “In James M. Cox I rec- ognize one who can lead this nation forward in an. unhalting march of progress.” “In our world problems we must either. shut our eyes,” said Mr. Roose- velt, “sell our newly built merchant marine to more’ far-seeing foreign powers, crush utterly by embargo and harrassing legislation our foreign trade, close our ports and build an | impregnable wall of costly armaments and live, as the Orient used to live, a hermit nation, dreaming of the past; or, we must open our eyes and see- that modern civilization has become so complex and the lives of civilized men..sq jnterwoven with the,lives of othey men in other countries to make it impossible to be in this world and not of it. We must see that it is im- possible to avoid except by monastic seclusion those honorable and inti- mate foreign. relations which the fearful-hearted shudderingly miscall that Devil’s catchword, ‘International Complications.’ Government Shortcomings. “As for our home problem, we have been awakened by this war into a startling . realization of the archaic shortcomings of our g0v- | erpmental machinery and of, the need for the kind of reorganization which only a clear-thinking business man, exporienced in the technicalities of governmental procedure can carry out.” “The league of nations is a prac- tical solution for a practical problem,” said Mr. Roosevelt. Again in his plea for the league he said: “To the cry of the French at Verlun; ‘they shall not pass;’ the cheer of our own men in the Argonne: ‘We shall go through’ —we must add this: ‘It shall not oc- cur again.” This is the positive dec- laration of our’ own wills; that the world shall be saved from a repeti- tion of this crime. To this end the Democratic party offers a treaty of peace, which, to ‘make it a treaty for a real peace, must include a league of nations; because this peace treaty, if our best and bravest are not to have died in vain, must be no thinly dis- guised armistice devised by cynical conquests later on.” Would Limit Immigration. Mr. Roosevelt@ placed “among the most pressing of these national needs” the extension of teaching to over 5.000,000 of our populaton above the age of ten who are illiterate, the strengthening of our immigration laws to exclude. the physically and morally unfit, the improvement of working conditions, the extension of communications , to make rural life more attractive, the further protec- tion of child life and of women in in- dustry. 1 He urged further development of our natural resources. Drawing up- on his seven years experience as as- sistant secetary of the davy he said| that reorganization in government atf- fairs is needed. “First of all the methods of the legislative branch of the national gov- ernment, especially in the upper house requires drastic changes,” he said, “It is safe to say that the procedure of the congress has progressed less with the times than in any other bus- iness body in the country. Yet it is upon the. congress that every execu- tive department must wait. Appeals to the House and Senate in the last session fell on apparently deaf ears. Should Hold Employes. “In the administrative branch also great changes must take place. The functions of the departments should be redistributed along common-sense lines and methods provided to stand- ardize and prevent duplication of ef- fort. Further, it is high time that government employment be placed upon a proper level. . Under the safe- | guard of civil service the salaries must approximate those paid in pri-4 vate only. Today we are faced with the fact that the majority of the most | efficient government employes leave the service when they are becoming most valuable. The less useful te- main. Many millions of dollars could }he saved to the taxpayers by reclassi- | STOCK SELLING NRW N, PL, PLAN TO GATHER CASH Consumers Store “Educational Purpose” Clause Comes In Handy for Organizers NO POST-DATED CHECKS Three Thousand Dollars Put Up at Ray Bank to Help Move- ment Along, It Is Said (Special. to the Tribune). Williston, N. D., Aug, 9.—Raising money for ‘educational purposes” 1s the method being used in this distri¢t to pile up a big campaign fund for the Nonpartisan league in the fall campaign, it was reveaied here to- day. The Consumers stores are being us- ed in the plan, according to informa- tion divulged here today. The process is described by one man as “worthy of a captain of high finances and less painful in the immediate effect than the strong arm nods used in collecting $1 membe ip dues.” Not being satisfied with renewals in memberships in the Kay district, league organizers are said to have laid down the law to local league , men, declaring that more money musi. be raised, * Stock is» Raised So; the stock of the local consum- ers stores was raised and farmers were prevailed upon to sign notes in denominations of $100 or less. Money raised will be used to buy new goods for the consumers story in Ray, but as soon as the newly-purchased goods are sold the proceeds, less 10 per cent which the store is entitled to under the original contract, will be turned over to the political managers of the league for “educational pur- poses,” meaning the fall campaign in North Dakota, Minnesota and other states. Crops have been poor in the Ray district and -ther@Stre. some. of (the, farmers who signed. notes’ did not have the necessary credit in the banks to make their paper accept- able as collateral in the bank. The face value of the usual notes amouni- ed to $3,000. No Post-Dated Checks In order to get the cash—-Townley and Lemke agents do not seem to want post-dated checks this year— the league agents arranged with some of the more well to do league en- thusiasts to take over ‘the smaller notes for. $500.a piece, which were honored at a local bank. When the stock bought with this money is disposed of, the league will have practically all the proceeds and the “original investors” will have their notes back—and that’s all. This, at any rate, is the plan. as understood by, Ray people who are closely in touch with the activities of Lemke's agents. \ No Objection is raised by the con- sumers store directors it is ‘said. William Lemke is at present the con- trolling factor in the stores compal and Lemke also is a candidate for Attorney-General and the chief di: ot penser of Nonpartisan plums in the} state. COX STRADDLES! MAIN ISSUE OF LEAGUE, CHARGE Senator New Says That He Leaves Unanswered Criti- cisms on Article 10 pee eeeN , Chicago, Aug. 9.—Senator Harry S. New of Indiana, chairman of the Republican campaign speakers’ com- mittee and member of the senate for- eign relations committee, in a signed statement declared that Governor Cox in his speech of acceptance Saturday “devoted three columns to the league of nations, but had straddled the real league issue.” “Governor Cox is in the position of holding fast to President Wilson with one hand and reaching for the public with the other,” said the statement. “He leave entirely unan- swered in his speech the main issue of the league—Article X—and no one knows how he stands on it except by interpreting his statement made after the conference with President Wil- son as meaning that he favors it. “Governor Cox must, come out cleanly in this campaign and say whether he favors Article X and whether he favors’sending American troops abroad. for his speech of ac- ceptance is very unsatisfactory on that poin' DRYS DISAPPOINTED Chicago, Aug. 9.— Governor Cox’s failure to take a defiinte stand con- cerning a possible repeal of the Volstead act and the eighteenth amendment is looked upon with great disfavor and disappointment by the prohibition party, Virgil G. Hinshaw. national chairman of the party's i committee, said today. He _previ- ously had characterized Senator Harding's stand on the question as (Continued on Page Eight) } “unsatisfactory.” | ANTI-SOCIALIST CRUSADERS TO | | I W. J. Arnold and Smith Stimm | The anti-socialist crusaders visit Bismarck tonight. The party is composed of W. J. Arnold and Smith Stimmel,, speak- ers, and E, D. Hadley and A, S. Tol- leston, singers. They will hold a “soap, box meeting” at o'clock to- night, projably at Fourth and Main streets. \ = Mr.’ Arnold, talking over the long distance telephone from Glenn Ullin today, said that the party had been will CROP FORECAST BY GOVERNMENT Washington, C.,. Aug. 9.-—- The Department of Agriculture! forecast of crops, based on con- ditions on August 1, state that the winter wheat crop will be 553,000,000 bushels; the spring wheat cron 262,0(0,000 bushels; the total wheat crop 795,000,000 bushels; /the corn crop 3,003,000,- 000 bushels. ‘DENVER STREET “CAR MEN OFFER TO QUIT STRIKE New Proposal Is Made to Gen- eral Manager Following Fatal Riots Denver, Colo. Aug. 9—The death toll in the strike riots here was raised to seven with the death of Leonard Emmarod, who was shot and mortally wounded in the rioting near the car barns. Denver, Aug. 9.—-The executive committee of the tramway workers union at a meeting today appointed a committee of three to call upon Frederick W. Hild, general manager of the tramway and inform him the striking trainmen would go back to work: n Henry Silberg, president’ of the union, said there were no restrictions. The executive committee abandoned its- previous position that the men go back only if they were permitted to return in a body ard the strike- breakers were discharged. Additional streets cars in most places were placed in operation to- day. Practically all lines of the city were operating, manned by strike- breakers. The action of the executive com: mittee brought to an official end the strike of 1,000 trainmen which be- gan August 1. The strike turned Denver into a veritable army camp following rioting of last Thursday and Friday night. } HOT? WELL, TWO. | OTHER TOWNS IN N. D. ARE HOTTER You've got a right to be hot | right now. The weather man’s map shows that the official thermometer stood 90 or above in 19 out of 21 stations in the report reporting weather conditions to the'local burgau to- day. f The two stations under 90 were Wahpeton. with 85 and Moorhead (Fargo) with 88. Bismarck’s high mark was 92. Bowbells and Lisbon, with 96 each, were the hottest places in North Dakota Sunday. Bottineau and Fessenden were next with 95. Showers well at three places-— Bottineau, Bowbells and Ellendale. E. G. Larson, acting official in charge of the weather bureau, in the absence of O. W. Roberts, had a good word, however, in his pre- diction of cooler weather Tues- day. SAILORS RIOT, TROOPS CALLED Revere, Mas: Aug. 9.—Law and order again reigned at Revere Beach today. The military and police pa- trolled the streets to prevent a rep- etition of the rioting which occured when several hundred sailors attack: ed the station house of the Metropol- itan park and troops were called out. Fifty persons were injured, at least three seriousl. HOLD CONTEST FOR SONGS TO BOOST MANDAN The Mandan Commercial club is holding a song contest for songs suitable for use on the “Missouri Slope Fair Boosters’ Tour,” which | will take place Aug. 24-26. Their idea is to secure a song or songs that can be sung and played at the various towns at which they stop. The contest is open to all residents in any town on the north or south branch in Mandan, | Parodies set to some popular song are what is wanted. Prizes rangng from a camera to a case of pop are offered by Mandan business firms for the winning songs. HOLD STREET MEETING TONIGHT el Coming Into City on Tour of the State Singers Accompanying the Speakers having wonderful meetings. The speakers have been on the road since j May 6, carrying the anti-socialist ‘crusade throughout the state. | Coming in from the west the speak- ers were to stop in ‘Mandan at 4 ‘o'clock this afternoon and then come ismayck tomorrow | the will visit McKenzie,, Driscoll, ing, Steele, Cappen and ‘ Medi- ‘SUNDAY DANCE _ DRAWS IRE OF MINISTER HERE Rey. Boyd of Jamestown Tells Audience That He Was Kept Awake by Music ROOF GARDEN MUSIC 1 Surprise that dancing in the early Sunday morning hours is permitted in Bismarck was expressed by Rev. W. F. Boyd of Jamestown, who oc- cupied the pulpit at the First Pres- | byterian church -here Sunday morn- Rev. Boyd arrived in Bismarck on a midnight train. He remarked that he went to a hotel and was kept awake for three hours by dance mu- sic. He declared it was a desecration of the Sabbath as much as dancing during any other hours of the day. Though Rev: ‘Boyd did not mention any specific place, it is presumed that he referred to the McKenzie hotel roof garden, where dancing to jazz music continued until the early Sun day morning hours. There was no other dance in Bismarck Sunday morning, it is said. Rev. Boyd’s remarks came during a sermon in which he talked of the cost of being a Christian and the cost of being a sinner, telling the path one. must choose to, become either. 7 State’s Attorney Ed Allen, when asked concerning the natter, said that no complaint had been made to him. He lives in the hotel, he said, and went to bed early, not being both- ered by the music. \ Awaits Complaint ‘ | Asked if the state law specifically prohibited dancing on Snnday, Mr. Allen said that he didn’t know. He said he’d probably ldok it up. “I won't take any action unless a formal complaint is made to me, and then, of course, I’ll have to,” said the state’s attorney. “I am not sure iust what the provision of the | statute, is—I’ll probably look it up as a result of this conversation.” No License Fee There might be some question of whether or not the McKenzie place would come under the provision of any law regarding dance halls, he said. According to Mr, Allen, the McKenzie never has been req#ired by the state to take out a dance hall license in connection with its dinner dances, Just why this place is ex- empted, has not been stated. Two weeks ago the dance place known as Elm Grove, south of the city, was warned to close at midnight sharp. FIRE RAVAGES PRISON SHOPS INMATES QUIET Joliet, Il. Aug. Fire is raging at the illinois peniten 'y, the main shop of the chair factory is doomed. Flames have attacked a second shop of the chair factory and other build- ings are ablaze. Convict firemen and two companies of the Joliet city department are fighting the blaze which ‘despite efforts is continuing to spread. There is no disorder at the penitentiary. Men at the shops where the fire broke out, have been marched to their cells. ‘SEIZE WHISKEY IN MAN’S HOME Moorhead, Aug. 9.—Three hundred and ninety quarts of Canadian whis- key, valued at between $5,000 and $7,5000 were seized at the home of Charles Schumaker here Sunday by federal prohibition agents. He is. be- pe held without bail. STOCKS TUMBLE ON N. Y. CHANGE New York,, Aug. ‘New low fig- ures for the year were made in a 'yumber of stocks duripg the first hours trading on the exchange to- day. The more serious aspect of the Polish situation, together with a drop of 7 cents in sterling exchange w responsible for the renewed liquids tion and short-selling which affected all quarters of the list. BLOCKADE WILL BE REIMPOSED AGAINST. REDS Use of Troops, However, Is Not a Part of the Military Plans of Leaders BOLSHEVIKI STILL GAINING Advance Ten Miles in Three Days Near the East Prus- sian Frpntier London, Aug. 9.—The Polish government is leaving Warsaw, its capital, it is asserted in a Wireless dispatch from. Moscow received here this afternoon. The place to which the government is being moved is said to be Karish. Hythe, England, Aug. 9.— The allies will aid Poland. The conference here, partici- pated in. by. Premier: Lloyd | George of England; Premier Mil- lerand of France and military leaders, reached an agreement of the method of dealing with the situation. The points included in the agreement call for the reimposi- tion of the blockade, furnishing of technical advice and muni- tions to the Polish forces. It was agreed, however, that no al- lied troops are to be used in Poland against the Russian Bol- sheviki. The agreement followed the ° two-day conference hére. Russian Bolsheviki attacks appar- ently have broken thé Polish lines near the East Prussian frontier and Soviet cavalry patrols have swept forward in a great encircling move- ment north of Warsaw. In the center of the Polish. front the Polish armies also-seem to have torn a great gap in the defences of Warsaw. Prvasnisz, a city 41 miles north of Warsaw, has been occupied by these advance guards of .the Bolsheviki horde., An official statement issued in Warsaw last night admits the loss of the town and it would seem that the Soviet horsemen are advancing almost without serious opposition. Near Prussian Border On Friday the Bolsheviki were re- ported fighting the Poles near Myszy- niec, near the East Prussian border. When they broke through is not known but it appears they have gained at least 10 miles in the last three days. Polish troops have been entrenching in positions near Mlawa, which is. sit- uated on. the railroad line running from Warsaw to Dansig. It is believed they will make a desperate effort to prevent capture of the city by Soviet neident with the Bolsheviki ad- vances on the north the Polish lines from south of Ostrov to west of Brest Litovsk have been forced back. Far- ther south there has been serious fighting and important successes are claimed by the Bolsheviki. Allies to Act Great Britain and France are pre- pared to take prompt action against the Bolsheviki because of the Soviets refusal to grant Premier Lloyd George’s request for a ten-day truce with the Poles. Mr. Lloyd George conferred with Premier Millerand of France yesterday at Hythe, France, and heads of the British army and navy were closeted with Marshal Foch of France at the same place until an early hour this morning. Lloyd George was to have made a statement in the British house of commons to- day and it was expected he would outline his proposed course of action. Late advices, however, state he will defer his declaration until tomorrow. Polish plenipotentiaries will cross the fighting zone east of Warsaw late to- day on their way to Minsk where they will begin armistice and peace negoti- ations. The conference action will begin Wednesday, according to pres- ent plans. TOWN CAPTURED London, Aug. 9.— Russian — Bol- shevik troops have broken into the town Sokolow, about 40 miles north- east of Warsaw and have captured evral points south of Brest Litovsk, cording to an official statement is- sued in Moscow yesterday and receiv- ed here by wireless today. At Malkim, the railroad junction on the Bug river about 4 miles south of Ostrov the Bolsheviki have beaten off fierce counter attacks, the statement says. It adds that Soviet troops on the northern front are successfully advancing toward the Narew river. (POLES NOT BEATEN London, Aug. 9.—Poland is still far from being beaten in the opinion of Marshal Foch as expressed in an in- terview with the Exchange Telephone company’s correspondent at Hythe, France. Provided Poland's forces are quick- ly organized the marshal, ,is quoted as saying, she may be able to suc- cessfully defend her frontiers. . seat London, Aug. ——The Bolshevik military authorities have establishe’ soviets in the parts of eastern Gali- cian under their occupation ,it is sta‘- ed in authoritative dispatches receiv- ; ed here.