The Bismarck Tribune Newspaper, November 27, 1920, Page 1

i ' \ ~ THE WEATHER Generally Fair HE BISMARCK TRIBUNE ==. = .S BISMARCK, NORTH DAKOTA. LAYER’S ERFORT! T0 CHANGE PLEA IN -COURT HERE. ding of Bloody Cap on Wolf Farm Is Brought Up by Attorneys LAYER MOTION RESISTED | Guards at Penitentiary Declare There Were No Marks on His Body The discovery of a package con- taining a woman’s dust cap on which there was blood, one real mask and a piece of material which might ‘have beeg used as a mask, bound in oil cloth and resting under a piece of card board was advanced today by Attorney Kelly, of Kelly and Morris of Carrington, 4s having an import- ant bearing on the discussions as to} whether Henry Layer shall be/allowed 0 withdraw his plea of guilty to the murder of Mr. and Mrs, Jacob Wolf and six others near Turtle Lake and; have @ trial. The package, Mr. Kelly said he was informed, was found by a little girl, who now lives on the Wolf farm. It{ was presented during his presentation to Judge Nuessle in district court to- day of a motion on behalf of Layer for a new trial. “This might be evidence that Layer had some help and that it was a wo- man who helped him,” said Mr. Kelly. Resist the Motion State’s Attorney John Williams, of} McLean county, who, with Attorney- General Langer, resisted the motion of Layer, said that there was a ques- tion as to whether or not the pack- age was found. He said that when he heard of the matter he investigated | and that he got possession of a wo- man’s cap, bloody inside; that one of the so-called masks was a piece of underclothing which was saturated with stove-blackening- The little girl, he said, played with the cap for a few days before the par- ents noticed and asked where she found it. “It is strange it wasn't found be- fore,” said Williams. “Hundreds of peoplo searched over | every foot of the Wolf farm after the} murder. “It is said that a real mask also was found. The package was said to have heen wrapped in oil cloth but this was wrinkled, and did; not have the appearance as hdying | been wrapped around anything.” He said the little girl said she found the package in some brush. Layer’s Affidavit The affidavits on which Mr. Kelly based his plea for a new trial were made by Layer himself to the effect that he was told he must confess or that a mob on .the outside of the Washburn jail would get him and that he was questioned and beaten. Myrle Cook, prison barber, said he shaved Layer the day after he arrived in the penitentiary and) noticed that he appeared badly beaten up on both sides of the face. Dr. C. E. Stack- house said in an affidavit he found Layer in normal condition on Nov. 15 and that he had two bruises, one over each cheek. Counter-affidavits by M, Tellefspn, clerk of the McLean county (court; John E. Williams, state’s attorney former warden of the prison, Charles | McDonald; Felix Smith, dog-trainer | at the prison; Richard Wildes, guard! at the prison, Sheriff Stefferud of Me- | © Lean county, Chief of Police Martine- | son of Bismarck, and Emil Haas, who roomed at the Washburn jail. Sali- ent points in them were: Wanted to Go Home Nore | That Layer asked Judge | Nuessle for permission to go to j{ his home after he was sentenced, showing hé did not fear mob lence. at, he ‘was examined at the prison Andhad no marks on, him That he appeared nervotis ‘ be- fore he confessed but that he ap- peared calm afterward and im- mediately went to sleep. That he made hjs statement of the crime to State’ Attorney Wil- i i { i | lams before Williams saw the signed confession. During the preliminary discussion Judge Nuessle remarked that he had been told, though it was only hearsay. that Layer, while suffering from a carbuncle in the prison hospital, said that “it was punishment visited on him for his crime.” The judge said «Continued on Page Three) WILSON ASKED _¢ | TO MEDIATE IN | ARMENIAN CLASH i { i | | Geneva, —The attitude | among delegates of the assembly ot} the league of nations toward a request | that President Wilson act as med tor in the Armenian situation appear¢ to be one of hope with the expecta tion that the United States will re- Europe and the league of an em- E ing situation. Behind the necessity of doing some- Armenia there is a ‘conflict opean interests involved. Great it is understood, would look pr on any power ha s. Action by the Uni cul Armenia, it is held, would no such complication. | WILSON ATTITUDE SECRET ashington, Nov. 27.- Pggsident on received today the appeal o: the league of nations. that he act as; mediator in the Armenian situation. Mr. Wilson has already consented to fix the boundary lines of Armenia, but there were no fixed ideas as to his attitude on mediation. Britain, with dista rival inter | with the association on December 1. ARMLESS MOTHER SEWS FOR BABY AUSTRIA WILL PROBABLY GAIN LEAGUE PLACE Movement for Her Admission Is Opposed Only by Czecho-Slovakia HARDING GIVES _ PANAMA HEADS WELCOME NOTE | President. lect, A After Exchang-| ing Greetings, Plans to | | Leave for U.S. | United States. jot nations are-counting upon finishing | Senator Rene ine returned here; the work of the session next week or ‘last night “from the, Pacific terminus! ten days earlier than -was calculated marine base.at the easter n end of the), and the armament question has rway, played golf and took ajbeen disposed of by a practical ad- im in an outdoor salt water pool | journment. [near his hotel. A plunge in the pool)” The plan relatiye to the admission | j Was his first act after his return here! of new members has also been de-| Hast night and he was out early this! cided upon. : morning for another dip. Some apprehension jis still felt in ome quarters, however, that the dis- | The Pastores will sail at noon to: ‘morrow and is due to reach Kingston, ' cussion in full assembly which will jamaica. ‘at § o'clock Tuesday en ‘he resumed on Tuesday especially on {route to Norfolk. hae tions regarding the relations ot | Senator and Mrs. Harding and! the council and league assembly will their party will go ashore at Kingston | je prolonged. j Where they will take lunch and later! Czecho-Slovak delegates are now |they will go on an eighty mile motor’ furnished the only argument against ride across the island as the guest of the adm: on of, stria to the {the Governor that British pi sin. | Teague. Switzerland is strong advo- | They will board their ship again at) cating admission with the proviso, / Port Antonio. i however, that if reaction occurs in = ae) | Austria with a restoration of the} JUDGE-ELECT, IN Mrs, J. C. Teagarden and baby | monarchy she will insist on the rights r jot Voralberg to decide whether to re | COURT HIMSELF, jmain a part of Austria’ or not. Voral- | berg recently requested that it be at- COURAGE WINS ASKS A CHANGE rar" cind 80 (hat Fe Sera quest ‘was rejected by the latter The supreme court has under’ | country, Committee No. 4, w consideration the petition of John | 1» has been \investigating the accounts of the Lowe, district judge-clect. of Mi- DENVER WOMAN'S not, for a change of venue to @ | jeague finally has approved the com-| county other than Ran y coun- paratively high salaries paid the j A A R D BATT LE ty, in the case in which he is embers of the, sectetariat, finding! ! arged with criminal alt on | the high cost of living in Geneva justi- a minor girl who lived near his farm, Lowe's petition alleged that the | country trial judge, who was Judge Leigh- jaccount. ton, had transferred his case to ech BANS fied them in part while the expenses of éach worker in reaching his native should also be taken Care of Child Amazed Friends —Child Perfect Specimen cal sentiment against the Non- Partisan league was so strong Denver, Colo. = -Although| to prejudice his’ case, Lowe de- 3 s, Teagar-| ‘erted Judge Leighton for elec- her nage no.erm Teagar-| tion, after he had been arrested len, is able to give her tiny baby the on the charges preferred. Most of the counties outside of Ramsey, in the district, are | strongly ‘Nonpartisan. i ae 1T ANAL a AE | | same care that other mothers give and every. hit of clothing the baby was made by the mother. 8 and nurses at the ho wears Phy LIphiG sincy, ie! daasel a the (0 Trace Ts Pou ‘of Stricken facility with which Mrs. Teagarden, ‘f Vessel Off Washington born with né arms, cared tor her} THEATER TOWN Coast baby, using her teeth, feet and shoul- ont s de The tiny clothes were made Reve BNO aes with greater skill, say other mothers, than mary normal women possess Mrs. Teagarden operated the sewing machine with her feet and guided the) Man Being Taken Back to To- cloth through the machine with e A ronto Says City’s Reputation ) Seattle, § of the barge W. J. Pirrie, reported jashore near James island, off ; Washington coast, had’ been early today. according to a wireless message from the coast guard cutter ; Snohomish, which went to the the ‘stricken vessel. bixteen persons, ‘ vays used her feet for Is Known to Him including the wife of Captain ,A. B. he purposes most people employ 5 | Jensen and their baby were reported their hands. |She-keeps her own| Fargo, 'N. 2 TE ae eee aie Hite use house, cooks and makes the beds,/has the reputation of being a fine Vo cae south of Cape Flattery | {theatrical tdwn. This bit of informa- and she is able to comb her own hair! ,- late yesterday. tion comes from no lesp person than; * i ee with a com) held in her toes, ee ued ee an pe, taken |, Possibility that the Pirrie had been B 2 bi Delphis ay | bae Toron tanada, ‘ell what! blown out to sea instead of having; efore the birth of Delphia May, back to Toronto; C da, to t gone ashore was indicated after a he knows of the di: ance of Am- her mother was greatly wor ei 2 Featone ‘the child have the same alfiie broge Small, millionaire theatrical Search of; the coast. The wireless ju. De:phia M a ormal a child} agent. e fas one could wish, No one of the Doughty was Small’s private sec-} “Nothing has heen bata the Le other members of (Mrs. Teagarden’s|retary/ He passed through Bismarck 8¢T from shortly after the vas tay family are deformed in a way. yesterday in company’ with a detect-| Was cast adrift. The Pirrie was fully Mrs, Teazarden is the wife of alive. Talking to a correspondent on|eauipped.” treet car man here. formerly | the train to Fargo, Doughty, who had as was with a circus side show and return to it, since her hus and dresent out of wo listed the theatrical, possib: nearly every town in ‘Northern U: nited ‘States and Canada as Small's pri te | secretary, declared Bismarck {known as a/place where people ikea !eood amusement, and would J WILLISTON MAN IS APPOINTED 1580 t | A i | ; N jfor dinner. He has never been seen 83 worth eight millio days after his di | appearance a telegram was received! o offering to return him! nC. A. M. epee Named on! Compensation Bureau—Be- | Stok if lieved Oldest High Official i { million dollars. Doughty, his « 8: | Denial Is Made That Others Are 1 one iT retary, left. Toronto Spencer of W appointed = by illiston, who | Governor suddenly a month later. Bonds valued) ¢: iat $100,000 were found missing from to Go in Shake-up of State Employes Sinall’s vault. There is a standing re- Frazier to the Workman s Compensa ‘ ; | ward of $59.00) for the recovery of tion bureau, will be the oldest state F. R. Pollard, purchasing agent fo} jomalt and $5,000 for Dovey official in a responsidle position, it] tie N sake nat ‘was said at the state house today. shee North Leber Mr. Spencer, whose age is said to oy es Beale STEPP "TS TWO YEARS 1 sever scciation, Vv Ci fi a territory. North Dakota wi Reporis that there would be! a, + Mr. Spencer is named to the place! shake-up in the Homebuilding associ- | IN PENITENTIARY of L. J. Wehe, as a representative ot ' ation, which included the discharge of | ‘the public for a term ending in Jan ou uary, 192 Ir. Wehe wa ed by} Goverror Frazier, who w: tained in mandamus proceedings .in the preme court. ts to Devils Lake | Buttz, in distric has sentence Hiram J. Stepp of Sarles, Cavalier county, to two and a half years i Robert Blakemore, manager, and Pol- lard, h heen rife for several days. The aiso incude W. A. Andersaa,” who was secré to Thomas Van file Lear when he was mayor of Minne-;tne state penitentiary at Bis-: another suit for h's p apolis, |marck, after the jury here had; The new member was the second} Jchn Hagan, member of the Indus- | found him guilty. of a statu-' attorney-general of ‘North Dakota | Sarles, through his at- holding that position in 1831 and 18% tr on, said that Pollard | tory crime. ha d, but that there was no | torney, immediately applied for an ap- He has been practicing Jaw in Wil truth in reports about Anderson and} peal to the supréme court, and Judge liston, Blakemore. He said Pollard was | Butts placed. his bail, pending the There is sancy on the leaving because there will he littie | appeal, at $4.°99 which was furnished. hoard. A representative of the e sing agent duril Ie was defended by J. F. T. O'Con- | ployers, provided by law, has j been appointed (bY by the Governor. of Grand Forks. found guilty of the same | ously in Cavalier county, | Judge Burr. He appealed to} ,|the supreme court. was given, a new | | trial, and later applied for a change of | " sent the, case to! he winter months, denied that 4. A.| nor Paddock of », would take Pol-| Stepp v jaid’s place. He said such work as] eh +s would be handled by other: ‘GOOD WEATHER FOR NEXT WEE s hee in the Homebui Nov. 2 Weather pre- : Judge Burr Washington, Coming into it at a ¥|Ramsey county. Stepp is about 45° gictions for the week include Tae of $ onth he has reccived re-| years of age, and the complaining Wit-. Jjssissippi and lower Missouri valley peated a being in-| ness was a girl 14 years of age at the |__Generally fair except that rain ¢ lleged assault. CAN SELL STOCK The Blue Sky comnrission has grant- le to the Conson. ated | ccessor to the Consumers Final Seore: Stores backed y the Nonpartisan | Army, 03 Navy, 7 league, to sell stock, e. tp creased recently to $2 a month. He purchased huge amounts of building | material for the state for the con-| I struction of houses and his work has been attacked by critics of the man- agement of the ociation. Mr. Ha- gan, however, asserted his resigna- tion voluntary. the probable ormal |time of snow is | Thursday temperatures. BULLETIN. | Christobal, Canal Zone, Nov ,.27.— : | President-elect Warren G. Harding | To FINISH WORK EARLY prepared regretfully today to bid good- " % bye to the Canal Zone. His visit ends} Geneva, Nov. 27.—Optimists at the! tomorrow when he. sails for the | meeting of the assembly of the leagues {of the canal where he exchanged ' by league officials. This hope is based | (solicitations with the officials of the/on the fact that committees 1 and{ | Republic Panama. Today he visit-!2 have virtually finished their work, ed the fortifications and the sub- | the international court is out of the; into | the | found | id of; be about 70 years, practiced law when | Wednesday or} SATURDAY, NOV. 2 27, 1920 ! PRICE FIVE CENTS |\CARM N ON THE STAGE—AT HOME SHE DARNS SOCKS, @uiver wood eC ONDERWOOO MME MARGUERITA SYLVA ~ i { Smith. Carmen, the wife s. They adame iG That's Madame Marguerita § more ident i perhaps, than uny other living singer. Madame §; | of Major Bernard Smith, S. A., whom she met. « have two childr “To lead a good double life,” says } | Sylva. “one must choose lives that are extreme. Thus, | am Cz men on the stage and at home I darn socks. I never remember ! Mrs. Smith when I sing Carmen and I can’t imagine Carmen boil- ing eggs,” NORTH DAKOTA HELD “LITTLE BELGIUM” | New Prohibition Chief for North Dakota Summarizes Conditions | After Making Trip Through the North and Western | Conditions are Overdrawn Rari of the Staie—Say of the state to cooperate in the fight on this traffic. What Bel- gium was to France. North Da- kota must be to the other four Fargo, Nov, 27—Nortii Dakota must be the “little Belgium” in 1 i i : ; the war against Canadian whis- | key, Lane Moloney, newly ap- ' states in the northwestern denart- pointed federal group chief of | ment—Minnesota, South Dakota, prohil n agents in this state, Towa and Nebraska. said today, summarizing his ob- | He added that the liquor traffic | servations of a trip just con- across the Minnesota-Canada bor- | cluded through the north and cen- | der_is comparatively small. | tral part cf the state, Mr. Moloney also said that con- Most of the whiskey running ditions in North Dakota also had across the border is carried on been overdrawn in Northwestern by bootleggers from outside the newspapers. ate who are financed by inter- Mr. Moloney was placed in e which likewise are outside charge of the Nerth Dakota de- | North Dakota, Mr. Moloney partment, following a shake-up “Very little of the liquor s in which charges that agents Jerth Dakota,” he said. themselves engaged in the traffic were made, 1 gs “Tam ng every citizen and official SURPLUS CARS ON INCREASE, RESTORATION » OF MONARCHY - ISUNDER WAY? Washington, Nov. 24 Gontinued | inves ase in the mumber of s | freight cars during the week was _ The number reached | 2, more than in the pre- | The car service division | | ported teda | 19,869, or 7, | ceding week. jof the American railway association Bavarian Minister-President De-/ ;made the announcement, | Data compiled by ‘the division, it} nies That There Is Truth ‘was said, shows this surplus to be | {located chiefly in the south and cen- in Widespread Reports ‘tral west. Berlin, Nov. Reports that or START “ACTION | entra fone have been formed in Zavaria for the purpose of restor- AGAINST DOCTORS | ing the monarchy’ and establishing | Bavarian dominion j were discredited by Minister|Pre: cau, ON. D. Nov. 27-~Mrs.| deni von Kahr of B: Be ria tod: | Laura Diercke, wife of a farmer living }is in Berl cussing Bavai near Westhope has commenced a civil | fairs with the central government and | ‘action against Drs. Durnin, Durnin &| was requested by the E state of the country. made that rumo atist and r various sorts in| a | Green, pli and geons of | Press to Bottinean and Westhope ‘for 000 | in this sec’ [damages for alleged malpractice. The | sertion has | plaintiff claims that when she dislo- | relative eo sep: ;eated her hip joint, the defendants! ary movements of ! led and they failed to correctly | Bavaria have been circulated by her condition but treated her | Ponents of the present Bavarian co-| jfor a broken femur,and that, after alition government which is bour. As: weeks lying in bed, an X-ray picture | geoise and, violently opposed by com- |was taken and then it was discovered nti and independent socialists in jthat there no broken bone but Germary. that there was a dislocation. She wos | then taken to Dr. Johnson's hospital at ! Bottineau and her Jeg was amputated ‘at the hip joint. The plaintiff clatr BENCH WARRANT Devils Lake, 3 Nov Ignatz Young: worth was sentenced to five years in the state penitentiary on a statutory, charge, to which he pleaded guilty. He had ady /LIST STARTS” IS CONTEST penitentiary for | sentence v candidate W. Butts. selling intoxicants, | independent for ator in the Golden Val ge Putts sentenced Levi Harring- ile wey eated by Judge Buttz sentenc! 1 e| vote in Billings an lection, according to word! \ Fraud in the election | last) ved here rant was issued today senate, | IN WAR AGAINST CANADIAN WHISKEY | op | | | He Says served time in the| s pronounced by Judge C.} = "i 3 F : | Functions of the Federal | bank were outlined by lis charged. XK J. H. MeNary, formerly dealer in The election of G of, Nonpar-| @istered tle in t who fl on the face this | Charged embezzlement on six| ct, gave the con’) count harged M e senate hy one vote. | ¢ 1 notes for cattle which| s contest the! 16 nover delivered. He is out on bail advantage will be rev in the) but fajled to appear for trial’ this Te FARMERS RAISE '$45,000; ASSURE BANK'S SAFETY Action of Donnybrook Farmers Indication Faith in In- stitution SITUATION IS NOT | Banking Board Finds Nothing for Peonle of State to Wor- ry About Unduly BAD Donnybrook, N. Dy Nov. 27.— Two hundred and titty farmers meeting here late yesterday to diseuss the ¢lo: of the Donny- brook State bank due to depleted reserves adopted resolutions ex- pressing confidence in the since ity and business integrity of the officers of the bank,’ and pledged $45,000 to make certain the reopening of the institution. There is nothing in .the banking situation of the state to cause any |alarm to the people of the state, in | the opinion of the banking board, ac- cording to Thomas Hall, who express- ed this sentiment of the board fol- lowing a meeting held last evening. The meeting of the board was brief. Reports on the situation ant jmethods of handling it were given | by 0. E, Lotthus, state bank examin. ae Mr. Lofthus’ course was approv- ed. The situation which North Dakota. faces is not confined to the borders of the state, but is reported in all agricultural states. It is a part of the period of readjustment, -which has j dr wn financial lines taught in all sections of the country, and is en- j hanced by crop failures in some sec- } tons. Most of the banks will be reopened, jin the opinion of Mr. Hall, and some [other state officials hold the same | views. i Were it not for the fact that pol- ) iti s had entered so strongly in the situation it would be only a ripple in the state's business affairs, according jto ldading bankers, Very little loss will be sustained by the stockholders in the 15 banks which have closed, they say. Leading Bismarck bankers declare ; that any bank which has conducted its | business properly can get all the | financial a tance necessary if the jeffect of the initiated law causes sud- iden withdrawals of cash from their bunk: » A meeting’ of the: executive | council of the state bankers associa- ; tion will be held in Fargo on Nov. 30, at which time the situation will be |thoroughly canvassed. | On the one hand there is still today a movement among many Nonparti- ns, to which the officials, most vital- ‘ly concerned in the present situation have not subscribed, to force bankers |to ask the Governor to call a special session of the legislature to repeal the ated law. The propaganda has | gained no response. | On the other hand there are persons | Who are making charges that the sit- | uation is being used in an effort to ‘discredit the Bank of North Dakota and state officials. O. E. Lofthus, state examiner, took exception to a headline in The Tri- bune over a statement Ite gave as to |the causes of the present situation. ;The headline, which was “initiated law held not cause” was not a correct j heading of the contents of his state- |ment, he said, and was using for poli- tical purposes his unbiased view of ithe situation. ¢ Two banks closed late yesterday. They were the State Bank of Rhame, and the Farmers’ and Merchants Bank of Sherwood. This brought the number of failures to 15. No drafts have been sent out of ‘the Bank of North Dakota withdraw- ling money from local banks in an- | ticipation of withdrawals pon the ! Bank of North Dakota, it was said at the bank today. While it was reported from Grand Forks that the board of commission- | (Continued on Page Three) “PL, B, HANNA © URGES ECONOMY vets’ AS SOLUTION | No Time for ‘Panic but Tinfe for Individual Economy, B., Noy: Fargo, N. 27.—Speaking ata se eaine of the Fargo Commons club, L. B. Hanna, former governor her condition as a result of the al- ia North Dakota, and member of the incorrect diagnosis \ the j board of governors of the Federal se of the amputation, [. Jt, Sin- | Res e bank of the Ninth district, kler of Minot, attorney for the outlined some of the financial pro- ! plaintiff | blems confronting people of North | Dakota and ‘other northwest states. Mr. Hanna said that the present is ‘not time for panic; rather; he said, it is a time for economy, on the part of the individual, the state and the na- tion. Reserve Hanna, that the Mr. who pointed to the fact Minneapolis bank had used all of its * resources to finance farmers and tradesmen of the northwest, and had borrowed from $25,000,000 to $30,000,- 990 to aid the people of this region. Mr. Hanna also traced the effect on orth Dakota of existing foreign ex- y accept-| Change, depreciated value of foreign money operating to reduce product values in the United States becaus® of the inability of foreign countries to buy.