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ea \ \ * that hi ! THE WEATHER COLDER TONIGHT THIRTY-NINTH YEAR BISMARCK, NORTH DAKOTA. THURSDAY, JANUARY 13, 1921 THE BISMARCK TRIBUNE SAS aia LAST EDITION. PRICE FIVE CENTS WOG-LIST -RVIDENGE NEARLY IN One Contestant Denied That He Was Acquainted in Districts Where Fraud Is Alleged DEPOSITIONS' SUBMITTED Oral Testimony Is Limited to Parties Interested in Con- test Action The reading of depositions from election officials consumed-the entire morning session before the clection committee of the senatein the contest of B. J. List’ for the senate seat of Gust Wog of Billings county and will be completed late today after the ad- Journment of the senate. Election officials admitted that they showed voters how to mark their bal- lots and that they into the boothes with them. alone, while the law _re- quires that two should go in. Fred Kessel, judge at Green River, said that not more'than five of fifty voters knew how to read English and said that nearly all called for Nonpartisans when asking directions. Like condi- tions. existed at Sentinel Butte and Indian Springs, with more than enaugh yotes to swing the election to List, where the latter obtained only four or five votes inal. Attorneys expect to complete the hearing tonight. Should List win, the Independents would gain control of the house. Jf there shouldbe 2@ straight party, vote on the contest with Wog not voting, the vote would be tie and “Lieutenant Governor Wood, Non- partisan, would have the deciding vote. Election officials of Sentinel" Butte also testified. H.C. France, inspec- tor, said.that there was no electioneer; ing; no marked ballots in the booth; that election officials assisted voters only when'requested; that the élection officials; were not paid by Wog or others to help the Nonpartisan ticket. | nd that he,saw some election cards, Which apparenity had been brought e polls by voters. * toe aceiee) of Sentinel Butte tes- tified to the same effect and said that most voters, requested assistance to vote the farmers or Nonpartisan League ticket and that he had made an anfiouncement he would help voters, thinking that it was proper for one 8 ficial to" go into election booths w! perl Obregavitch, LL saad vate and admitted that. be had helped possibly half of: les cae ihg ballots at their request an ne many asked him if they had mal their Way a aa wis! le oe Woe, whose vlace a8 sone from the 39th district is contested by R. J. Litt, dented before the senal that he was per- election committee © Ane precinets In jonally. ‘acquainted p satel, it 1s allegea fraud, was cae mitted, which gave him the ene ship, declared he made no active c a paign in those districts, and assert ed that he never paid money to anyo! for services during the campaign. ie By a ruling of the elections come i tee, which Senator chairm‘ ne said had been stipulated. by. attorneys, the oral eaten I puri county being heard “in the Burleigh Coe, thouse, Was Imited to! Sel Wor and R. J. List, the contestant. a Jarge volume of depositions compose of major testimony 'n the matter. tae When the hearing was resumed uate yesterday ‘afternoon Mr. Wog as pladed on‘ the stand. The cate ie) resumed this morning at 9 o'clock. Denles Paying Money- ‘Mr. Wog said he was 2 farmer an had lived in Billings thirteen years. He form- “Section 12 of the notice Sines an information and belief that several officials were paid money Ne illegally mark pallots?”. said Les! : Simpson». attorney for Wosg: ans asked: “Did you pay any money jo enyone for this purpose?” “No,” answered Wog. The three precincts to which the evidence: was limited, Simpson said, were Indian Springs» Sentinel Butte Green Rivet. < omlate you personally acouainted in those précincts®” asked Simpson. “No.” “Dn you make an active campaign in those precincts?” “No? ‘i Wor said-he spent about $90 in the campaign, as nearly as he could re- member. On cross examination, Judge Craw- ford asked Wog it he had not talked to various persons before the elec- tion about the precincts. “Did not you and other parties go out and canvass the sityation .before you tonk depositions?” Judge Craw- ford asked. ; “No,” Wog Answered. “Did not Mr. Eaton say to you be- fore the election that you need not go into those precincts—that he’ take care of you?” “No.” Few Speak English. On direct examination Wog sald hat he believed a very small major- of peonle in: the three precincts 1d speak English, but qualified it ross-examination and said that jority of the people in the pre- ere Russians, Ukrainians, Silesians, etc. and that few rote the Enelish langua7e. Mackoff read from the ms for an hour. They were > by foreigners. and the u Mich had been given thru intern '% created considerable merriment. It is the contention of the contestant that etertion officiols marked ballots for foreigners and vio- fated the election laws in other ways. The United States imports more ol from the Philippines than from any other source. judge, denied | rtisans as: he | said be] | | | | | | | | | | | awaits trial for murder. |. Ardmore, .Okla., Jan. 13.—A (le (Gray ‘Home in the West” is the pregent refuge of Clara Smith Ha- mon, charged with the murder of Jake L.\Hamon, oil muttimillionaire and Republican national committeeman. It is her sister's little cottage at Wilson, Okla. Mf one were to retrace the trail that brought her there one would find it originated in a similar:y humble cot.27.. years. ago. «“ means, ‘Clara was a clerk in a'Lawton store ten years ago when Hamon met her. ‘She gave! up her clerk’s apron for finery. Ne hen came Hamon’s death ° from the muzzle of a pistol; Clara Smith's) flight, surrender and release on bail. The road took a sudden twist. to the old environment. ‘Clara Smith Hamon again lives in on humble house. i Thinking of the gloss and tlre glaro of the past, she wonders in what di- rection (Fate will send her way next. ‘Will Hamon’s will make her.a ben- eficiary? It freed of the murder charge, will she return to a life of luxury? road and live in a “little gray home”? FORMER GERMAN EMPRESS IS NEAR DEATH Doorn, Holland, Jan. 13.—Former emperor of Germany and others at ; the house of Doorn are convinced that the death of former Empress Auguste | table. | the former empress, said today that her condition was such that she mignt coming serious. funeral has been worked out. LORD MAYOR “TELLS HISSTORY | AT WASHINGTON if Washington, Jan. 13—Donal Callaghan, Lord Mayor of Cork, who came to America as a stowaway and | whose presence has caused contro- versy between the state and labor de: partments, accomplished today the an- nounced purpose of his mission to the United States when he appeared before the commission of the com- | mittee of 100 investigating the Irish | question. Before a large ctowd the Lord Mayor declared the killing of the late Lord Mayor MacChain, of Cork, and other Irish leaders in March, 1920, marked the beginning of “a reign of murder” in Ireland which had ren- dered life and pfoperty “entirely in- secure.” ~ He gave his age as 29 and told the commission he had been elected Lord Mayor of Cork by the corporation council of Cork to fill out the unex- |pired term of the late Lord Mayor MacSwiney. | MAJOR LEAGUE STYLE | CAMBRIDGE, Mass. — Harvard's baseball team will train in the south, just like a big league club. Ogle- thorpe-and the University of Georgia are on their route card. | { | | Her parents were folks of little ‘Or will she again tread the heavy| | F. 0. Hellstrom, the Hughes Electric | company, Mayor A. W. Lucas, of Bis- | | { | ~ Little Gray Cottage Is Clara Hamon’s Refuge Clara Hamon.and “The' Little Gray Home in the. West” where she “Lit- 7 < ELECTRIC CASE — WILL BE HEARD —ONANUARY 2 ‘Petition for Reduction of Hughes Company Rates Is Set for ot Hearing. The case in which a reduction of | vates for general lighting and steam | heat in Bismarck is asked will be heard on January 29 beginning at 10 a.m. by the state railroad commission. It in the first big case to be heard by. Nhe new railroad commission. The petition was filed by F. O Hellstr6m_ and 79 others against the Hughes Electric company: The no- tice says that “all interested parties are invited to present evidence and testimony at such time and place.” Copies of the notice were served on marck, and William Lemke, attorney general. WOULD LICENSE DRUGGISTS TO SELL WINE TO CHURCHES Pierre, S. D., Jan. 13.—A bill mak- ing it lawful for any wholesale drug- gist’ who has secured a permit from the state sheriff, to’ sell vinous li- quors to religious .organizationg or associations for sacramental pur- noges, upon the written order of the Victoria is only a matter of a-short| stat rift: timer and: are resigned to the inevi.| state sherift-is to be introduced soon before the South Dakota legislature. Under the terms of the bill, the or Dr. Haner, the physician attending! ger will be issued upon the written affidavit of the purchaser and : will | be made in duplicate, one copy to be linger indefinitely although it was be-| }. Every detail of the| retained by the state sheriff and the other forwarded to the place where the liduor is to be purchased. The bill would limit each pastorate to 12 gallons of vinous liquors per year. The bill also allows such liquors, sold upon authority of a permit, to be'shipped by the wholesale druggist to the purchaser within the state. It | i i further provides that nothing in sec- tion 10,280 of the. revised ‘code of 1919, ‘shall be construed’ to prohibit any- regularly ordained minister from Teceiving and possessing shipments of Uquor for sacramental purposes. OFFICER WHO ‘SHOTSTUDENT . NOT GUILTY Jefferson, Wis., Jan, 13.—Mathew | Lynaugh, Madison police officer, who shot and killed Carl Janeorf, unt- versity sophomore last May was found not guilty by a jury in Judge Grimm's court here today. , The huge crowd thronged the aisles of the courthouse. Lynaugh broke down when the jury foreman read the verdict. Friends and attorneys crowded around him with congratulations. Mrs. Lynaugh was one of the first to reach him after the reading of the verdict. PLAN BIG SCHEDULE NEWTON, Mass.—Boston college hag scheduled 26 games for its base-} ball team this spring. They will) Play 19 games at home. Yale is }a local newspaper. SENATE PASSES BILL GIVING. ~~ LBMKE FUNDS Appropriation Measure Gives Attorney General: $10,000 . More BILL OTS AMENDED Propaganda’ Portion Removed by Committee—Refuse to Hear Langer The senate yesterday aftetnoon by a vote of 26 to 23 passed the appro- priation bill, giving William Lemke $10,000 additional money for his of-| fice up to July 1, 1921, the end of the fiscal year. Senator E. H. Ken- dall of McHenry, was the only Inde- pendent voting for it. ine Senator Peterson of Sargent. while the appropriations committee of the senate had ‘the pill under considera- tion in the morning, moved that Gen- eral Langer be called before the committee“and explain the condition of the attorney general'g fund. The Nonpartisan’ members, however, vot- ed the motion down and a report was adopted cutting down the appropria- tion and recommending the passage of the bill. . Cuts Out Part. i The committee also in revising the! bill cut out alleged propaganda. Independents objected strenuously to the wording of the bill, which they say alleges that there is a deficit when there is none. “Deny Deficit. Independents ussert that Attorney General Lemke has more than his share left of the money available for use of his department for the fiscal) year from July 1, 1920, to July 1, 1921. the state auditor on January. 8 by Maddock of Benson, a Nonpartisan; member of the budget board. These figures, they claim, show that Mr. Lemke was entitled to $9,300 of the money available on July 1, 1920, for the attorney general’s department for his share of the half year, while he actually had on January 8, $11,- 393.34. There is a deficit in the department for clerk hire, on the basis of Mr. Maddock’s figures of $778, and in the miscellaneous fund of $89.97. There is however, they assert; more than that amount ‘coming back from. the various counties to these funds as the share of the couzties in the expenses f-the railroad tex. suit. But allow ing these deficits as, deficits, there remains $2,933 more than Mr. Lem- ke’s share because of ‘th€&\surplus in many ‘of the departments; as $1,750 for salary of first assistant over and (Continued on page 2) BILL 10 FORCE GREATER CAREIN COMMITMENTS _Committing boards of various coun- ties of the state are not infallible in the minds of Senator P. J. Murphy of Grafton and Supt. A. R. T. Wylie of the North Dakota Institute of the feeble Minded. Senate Bill No. 7 as introduced by Mr. Murphy would amend the present statutes to provide for examination of afflicted children and adults without commitment. The changes are includ- ean the paragraph of the Murphy “Provided, however, that the super- intendent may admit to the institution temporary, without commitment, under such rules and regulations as the board of administration may prescribe, for purposes of observation, such chil- dren.or adults as are’ suspected of be- ing feeble-minded or idiots, to ascer- tain whether or not such person is act- ually mentally defective and a proper. case for care, treatment and training in an institution for the feeble-minded ed.” : According to Senator Murphy, a number of persons have been sent to the institution by committing boards who should not have, been, and fur- ther that under the proposed change in the law boards which are loathe to actually commit children or adults will be able to send such persons to the institute for temporary care and treat- ment without actual commitment. LETS BABY OUT ' OF WINDOW TO ESCAPE BILL Chicago, Jan. 13.—Lowering her baby out of a second story window in a suitcase with a Tope tied to the ankle, Mrs. Leonard V. Brooks, of Thayer, Ind., kidnaped the child from a hospital here because she was told, she said today, she could not remove it without first paying her bill. She offered to give part, she said, but could ‘not pay all the bill. Doctors in charge of the infant denied they had demanded payment for the whole Washington Shops Change Pleas When Ball Is Stricken) Washington, Jan. 13—Abandonment of the plan for an inaugural bafl was reflected today in an advertisement of Calling attention in large type that “the inaugural ball has been called off” an exclusive wo- man’s garment shop announced “the| sales of dinner and dance gowns at listed, | one-third off.” \ They cite figures secured from| | i | | | i | | | | | ENTIRE COUNTY WILL BE DRAWN INTO CAMPAIGN Relief Drive for Starving Euro- pean Children Is Under Way. LUNCHEON ON * MONDAY Meeting to Be Held on That Day Will Complete Organization Work Organization work for the Burleigh county committee which will conduct the campaign on Jan. 18 and 19 for a fund to go to the relief of starving children in centra] and eastern Europe | is progressing rapidly. J. N. Roherty is chairman of the Burleigh county committee. Mrs. D. M. Register has been named chairman for the women committee of Bismarck. The appeal for the children of cen- tral and eastern Europe is receiving nation-wide attention. The appeal first was made through the Literary Digest, which gave $25,000 to start the fund, and which has raised more than a million dollars. Herbert Hoover is taking an active interest in the cam- paign, and representatives of all over- seas agencies have endorsed it. Mr. Roherty ‘today announced the names of members of the committee asked to serve in Burleigh county out- side of Bismarck. They are W. S. Personen, of Wing; Frank Prater, of Arena; H. A. Knudtson, of Driscoll; | M..M, Christianson, of Wing; Irvin Small, of Bismarck; Lynn Sperry, of Bismarck; Victor Anderson, of Wing; L. L. Rockwood, of Moftit; W. Burch, of Bismarck; P. P. Bliss, of McKenzie; G. Olgeirson, of Wing; Geo. Day, of Brittin; W. S. Scott, of Arena; H. Wildfang, of Sterling; Adolph Exner, of Braddock; J. F. Little, of Regan; A. 8. Garness, of Regan; and H. A McIntyre. A. 8. Bolster has been designated county treasurer and D. M. Register and Robert Webb have been named as the’ advertising committee. Com- plete membership of local committees will be announced in a few days. A luncheon will be given Monday noon at the McKenzie at sich the cam- ign will be discussed. Pamather Hiltner and Rev. Dewhurst have been asked to address the meet- ing Monday. ~ LIABILITIES OF FAILURES LOWIN NORTH DAKOTA After four successive years of di- minishing commercial mortality. the business reverses of 1920, as was not unnatural in a period marked by gen- eral economic readjustment, increased sharply in, both number and Habili- ties, Exclusive of banking and other fiduciary suspensions, the defaults in the United States during the twelve months recently ended, 28 reported to R.G. Dun & Co., numbered 8.881 and supplied $295,121,805 of indebtedness, as against only 6451 failures, involv- ing $113,291,237, in the immediately preceding year. The ingolvencies of 1919, it is important ‘o note, were fewer in number than those of any year in almost four decades, and the liabilities. were the ‘smallest ‘since 1905, When allowance is made for these facts, and when {t {s also con- sidered that the many new enter- prises that were started last year ea- hanced the possibilities: of financial embarrassment, the failur2 record of 1920 appears less conspicuously un- favorable. While the unusual num- ber of large reverses 13 an. unsatia-| factory feature, the percentage of all failures to total firms in business is mugh below the average: and this Js also true of the ratio of defaulted in- debtedness to solvent payments thru the clearing houses. - North Dakota Lowest. The 713 business reverses for $18,- 582,300 in the central western states during 1920 contrast with 447 defanlts for $5,615,022 in 1919, and with 894) insolvencies, involving $11,708,905, in 1918.. Of the seven states included in ‘this geographical section, all report more failures than in 1919, the larg- est increase being 60 in Missourl, while the mortality in the Dakotas was appreciably augmented. In no case, moreover, is there any improve- ment in respect. to localities, and an especially unsatisfactory showing is! made by Minnesota. Iowa, Missouri, and Nebraska. ‘COMPENSATION ;| receipts for the first WHEAT GROWERS WILL ORGANIZE THROUGH SLOPE J. M. Wilson, organizer for the Na- tlonal West Growers association, an- nounces the following organization ; meetings: Killdeer, Jan. 17; Dunn Center, Jan. 18; Werner} Jan. 19; Hali- day, Jan. 20; Dodge, Jan. 21; Mann- ing, Jan. 22. A Mr. Wilson -plans to organize a Dunn county local on Jan. 22. Morton, Grant and Hettinger counties have or- ganized with over 500 members, he said, and Mercer and Oliver counties will organize the following week. Mr. Wilson is. the association organizer for the Slope territory. REPORT URGES LARGERESERVE Need of Funds to Make Pay- ments During Life of Injured Pointed to EXPENSE RATIO LOW The first annual report of the Work- men’s Compensation Bureau of North Dakota, of which 8. 8S. McDonald and S. A. Olsness are: commissioners and J. N. Hagan chairman, has just been made to the legislature and for the first year’s operations show that the) year, ending} July 1, 1920, totaled $539,218.16 and disbursements were $121,603.09, leav- ing an ‘excess of $417,615.07. The report contends that the large, excess is necessary because “the bu- reau is required each year to take care of all the losses of that year, even though some claims are not en- !tirely paid out until many years into} the future. As one illustration, if ai} employe suffers permanent total dis-| ability, he receives a weekly compen- sation equal to two-thirds of his) wages, up to a maximum of $20 2/ week for life. “One hundred and fcur claims were dismissed in the first year and fifteen |-between July 1 and November 1, 1920. ‘In the first year there were 723 acci- dents with total awards of $181,415.- 30, some.of the awards being made | after July 1 for accidents before that date. Causes of accidents were: Ma- chinery, 158; boiler and steam pres- sure apparatus, 7; vehicles, 5; ex plosives, electricity and fires, 53; poisonous substances, 4; falls, 12 stepping on or hitting objects, 53; falling: objects, 117; objects being handled, 114; hand tools, 41; animals, 19;_ and. miscellanegus,. 25... “Any day the funi is likely to have an accident killing or seriously maim- ing five or more persons and costing 100,000 qr more. In. consequence the bureau’ has purchased catastrophe re-insurance protection and the re: insurance company must reimburse the state fund for any loss in excess of $15,000 up to $125,000, which ap- plies separately to each catastrophe This reinsurance protection went in- jto effect November 10, 1926. “The established stock casualty companies find it necessary to spend $40 of every $100 they collect to pay expense of operation, an expense ratio of 40 percent. The North Da kota bureau ratio was 12.6 percent the first year. “It is inevitable that the North Dakota employers should ‘feel that their workmen's compensation insur- ance rates were too high and that the cost was heavy. Under the old employers’ liability system the in- jured workmen received damages on- ly when there was fault and negit- gence on the part of the employers, and under this system in more than 80 percent of the accidents, not one cent was received. Under the work. men’s compensation, the entire ques- tion of fault and negligence is whohy abolished. Business men receive ben- efit through this because if a Norta} Dakota workman is injured he is still able to pay his bills.” KING GEORGE JOINS PIG BREEDER CLUB London, Jan. 13—King George has)| just been elected a member of the} Large Black Pig society, the Times| announces. Members of this society are breed- ers of a famous Berkshire vatiety of latge hogs, some of which were pur- chased recently from the royal farms| at Windsor by King Alfonso of Spain, | with a view to improving the native| breeds. | TENSION OVER ECONOMIC CRISIS MOST ACUTE Austrian Republic Faees Severe Communist Demonstra- tions BAR HOTEL WINDOWS General Strike Feared as Ad- justment Seems Almost Improbable Vienna, Jan. 13.+Tension over the existing economic and political situ- ation in the Austrian republic seems tobe increasing. Doors -f the big hotels in Vienna are shuttered at dusk because of communist demo;- strations against them ‘as symbols of profiteering. Postal employes announce they have called a strike. Mail collection ceased at 6 o’clock last night and tel- ephone and telegraph service will be suspended if matters are not settled before that time. It is believed, however, that an ad- justment is improbable and that a general strike will be called. Officials of foreign circles who have come into,closé contact with the sit- uation realize the seriousness. LABOR PLACES MEASURES IN HOUSE HOPPER Mostly Designed to Afford Min- or Protection, Sponsor Says Labor legislation introduced by Lakie of Williams, was the principal activity of the house yesterday after- noon. A group of nine bills were presented, all of which have the ap- proval of the legislative committee of the State Federation of Labor. The bills cover a wide range. Mr. Lakie declares that they were intend- ed as a protection against minor abuses. The first bill of the series provides that no personal property, except ab- solute exemptions, shall be exempt from execution in action for-laborer’s or mechanic’s wages. The ‘second bill'is designed to’ pre- vent the misuse of union labels. - Mechanics’ Lien. The third provides for a mechanic’: and laborer’s lien. The fourth limits the amount of wa- ges garnisheed at any one time to 10 ber cent of the amount due. The fifth creates a state board of electricians consisting of three mem- bers appointed by the governor for ° 4 and 6 years, respectively and pro- viding that the state insurance com- missioner shall be a member of the board ex officio and secretary. The sixth limits the hours of labor on public work in the state to eight hours a day. \ The seventh prohibits blacklisting of omployes for union or political av- tivities, if The eighth requires the licensing oi plumbers under control of the state board of health. The ninth regulates scaffolds and safety appliances while work of con- struction is going on, MC CUMBER TO ASK 50 CENTS DUTY ON WHEAT Washington, Jan. 13.—To stop enor- mous importations of Canadian wheat, Senator McCumber, republi- can, North Dakota, announced today that he would ask for a tariff of probably 50 cents on a bushel to be included in the Fordney emergency tariff bill instead of the duty of 30 cents carried by the measure as it |'was passed by the house. JAP SENTRY "KILLS AMERICAN Number _° Liabilities 1920 1919 1918 192) Minnesota 122 (77 215 $3,189,526) Towa .. 123 76 211 . 4,193,409 Missouri .. 224 164 254 4,580,849) N. Dakota. 27 3 28 370,220 | S. Dakota. 11 1 20 379,352 Nebraska 87 57 63 4,521,510; Kansas ... 119 74 103° 1,347,434; Cen. West 713 447 894 $18,582,300; 1919 .... 447... 5,616,022 | FRESH STRENGTH IN WHEAT PRICE Chicago, Jan. 13.—Fresh strength developed in the wheat market today after a somewhat transient downturn. Domestic prices ranged from 1 1-4 to) 3 cents advance, and after setbacks were followed. i Later the market weakened as a re- sult of an official estimate puttin the Argentine exportable surplus at) 120,000,000 as against private mates of 93,000,000 bushels. The close was heavy, 2 to 3 1-4 cents net lower. ENDORSE WALLACE. El Paso, Jan. 13—The American National Livestock association dorsed Henry Wallace, of Des Moines, for secretary of agriculture. esti-| Highest yesterday ODDSFAVOR JIMMY WILDE | London, Jan. 13.—Odds of six to} New York, in their bout to be staged here tonight. eee eg oe | | -Today’s Weather || —————_ __— For 24 hours ending at noon, Jan.| 11| 31) 3 ‘emperature at 7 a. m. Lowest yesterday . Lowest last night Precipitation .... Highest wind velocity. Forecast. For North Dakota: Generally fair tonight and Friday; colder tonight and in the east portion Friday. +10} None} Bere ARMY OFFICER Washington, Jan. /13.—Both the navy and state departments were waiting further information today concerning the fatal shooting by a Japanese sentry. at Vladivostok of Lieut. W. H..Langdon, chief engineer of the U. S. cruiser Albany. So far the state department has been informed of. the bare facts of | four were offered that Jimmy Wilde, | the shooting afid has requested Con- | flyweight: pugilist champion of Eu-} sul McGowan at Vladivostok to for- jrope, would defeat Pete Herman, of| ward more complete reports. FAILED TO HALT. Washington, Jan. 13.—Lieut. W. H. Langdon, of the Amefican cruiser Al- bany, was shot by a Japanese secre- tary of Vladivostok when he failed to understand or to heed a command to halt, said an official version of the incident, received today by the Japanese embassy from its govern- ment. Lieut. Langdon, the message said, had drawn a revolver after the sen- try had pulled back a hood that cov- ered his face in an effort to deter- mine whether he was Russian or American, but did -not fire until after the sentry had shot him after the ofticer had tutned to walk away-