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The Weather Generally Fair FORTIETH YEAR BISMARCK, NORTH DAKOTA, FRIDAY, JUNE 24, 1921 THE BISMARCK TRIBUNE([==] PRICE FIVE CENTS TROOP TRAIN MINED IN IRELAND BRINTONCASEORDERED TRIED, JUDGE NUESSLE REFUSING STATE. | MOTION TO CONTINUE MATTER Jury Box is Filled in District ~ Court This Morning After Motion is Argued BRINTON MAKES CHARGE, i Says Townley ‘Threatened To Punish Him If He Gave - Sisal Trust Testimony The jury to try the Brinton case was; completed at 3:30 o'clock this after- noon. It follows: John E. Johnson, Braddock, farmer; Tony Streit, Bis-; marck, farmer; L. E. Heaton, McKen- zie, farmer and stock buyer; H. S.: Dobler, Bismarck, lumberman; John! Gunderson, Driscoll, farmer; E. A. Lewis, Baldwin, farmer; Joe Schneid-' er, Bismarck, oil company filling sta-| tion manager; S§, S. Clifford, Bismarck, | restaurant; John Weber, Sterling, far-; mer; W. H. Webb, Bismarck, mer-| chant; Fred Ryberg, Frances town-/! ship. farmer; W. S. Nichols, Florence | Lake township, farmer. | The perjury case against J. W.; Brinton, formerly private secretary to! A. C. Townley, was ordered to trial! in district court today after Weeks,’ appearing as attorney for the state, asked to have the case contiiued un-' til the next term of court, on the: basis of an affidavit of Attorney-Gen- eral William Lemke, and Judge: 'Nuessle denied the motion. In resisting the motion for continu: ance Brinton made an affidavit, read in court by his attorney, Arthur Le- ‘Sueur, in which he made the charge that he talked to A. C. Townley in! St. Paul and Minneapolis last week,' that Townley told him he would not appear in the case, called the case} “another of Lemke’s G-D bulls” and threatened Brinton with peroong! vio- lence if Brinton “should testify iu de- fense concerning Townley’s connec: tion with the Sisal Trust.” Bring In Recall | Mr. ‘Wteks advanced. the forthcom-; ing recall election as a ground for continuance, because he satd officials threatened with recall were bound by: duty to go out before the people to’ speak in defense of their administra-' tion, and they were witnesses in the ‘case, while Brinton’s attorneys main-| tained that the recall election while al motive for the state seeking continu-| ance should go to trial and attempt, to clear their names before the People. of th estate of charges made against; them. “ | Judge Nuessle in refusing to con-) tinue the case said that the case, had been pending since February, that’ it had been in court longer than su-} preme court rules for time of trial, Tequired, that it was set for trial ten! days ago, the court calendar of 65; cases disarranged at great expense to the state to bear this case and “now, at the last minute, without any inti- mation that the motion would be made, the application is made for a continu- ance in the case.” ‘ 4 “It seems to me that politics has nothing to do with this case,” Judge Nuessle said. “Whether or not it is a! political case remains to be determin- ed, but I do not believe politics should be taken into consideration in decid- ing this motion for continuance.” Ridicules Brinton Allegation i Mr. ‘Weeks referred to Brinton’s’ affidavit regarding TownJey’s state-: ments as “so unreasonable that I do; not think it worthy of consideration.” He said that it was unreasonable to, think that Townley “would make a remark about a bull of somebody to} one known to be an enemy.” | LeSueur had declared that he be-| leved the state sought a continuance because of the forthcoming recall elec-| tion, fearing to have testimony come! out concerning the actions of state! officials of this administration. and he! said that Brinton had talked the! Governor's mansion two days ago for Governor Frazier and had been in-; formed that the Governor was not ex-' pected back for a week.” i Answering Weeks, LeSueur declared with respect to Townley’s alleged re-; - mark that “the burden is not on the defendant to prove Townley sane.” | “It is just as important that a citi-' zen of this state be relieved of the) stigma that has been cast upon him! as that state officials defend them- selves in a recall campaign,” said Le- Sueur. “If ever they wanted to try this case it is now, when these officials in charge of the state administration and facing a recall election ,shoula want to prove-that Brinton was a per- jurer when he testified as he did re- garding their official acts.” Judge Nuessle then ordered the jury impaneled and attorneys began ques- tioning the jurors. Brinton’s Charge Brinton’s affidavit charge against Townley follows: “J. Wy Brinton, being dulyesworn, on oath says: That about two weeks prior to the date hereof, affiant talked with A. C, Townley in the City of St. (Paul, Minn., and again about three days later in the City of Minneapolis, that in said conversation with sald Townley, said Townley informed this affiant that he would not attend this trial nor testify thereat, nor in any way aid the prosecution thereof. That in referring to the above entitled cause said Townley remarked. ‘That's another of Lemke’s G-D bulls.’ That the same times above noted the said Townley threatened affiant with physi- cal violence and injury & afant should! (Continued on Page Seven) | labor organizations of } mittee announves it will be entirely | non-political. , U.S. OFFICER IN | ‘tion, which began here last Wednes-; 1 PLAN A JOINT. CELEBRATION ON LABOR DAY A joint labor day celebration in Man- dan is to be undertaken by the joint landap and Bismarck, it is announced. A request of the Mandan Commercial club to! have business houses represented in the parade with floats has already| been transmitted and a similar request will be made in ‘Bismarck. The com- CITY TO ASSUME GUARD POSITION Col. Joseph Gilbreth To Be In-, structor of National Guard in North Dakota HAS WIDE EXPERIENCE) Col. Joseph L. Gilbreth, U. S. A,,! has arrived in Bismarck to assume his duties as instructor of the National Guard of North, Dakota, with head- quarters in the state capitol. Colonel Gilbreth will immediately assume the; active direction of the training of the! National Guard organizations. The new instructor comes to Bis-) marck from Washington, D. C,, where he has been in the office of the chief; of the Militia bureau. He is accom- panied by his wife and small child. | Colonel Gilbreth, a graduate of West Point, wears three gold stripes: for service in France in the World | War. ‘He lacked by 20 days of being; in ®rance two years, being among the first 25,000 American soldiers to; go to France. | Taking command of the first base: section of La Havre, France, at first,! later he was chief quartertnaster of, the advanced section line communi: cations, and chief quartermaster of} \the intermediate section, Colonel Gil-| breth then served with the 32nd divi- sion and then the First division, be- ing with that division in the first Am-; ercan push at Cantigny. Colonel Gil-! breth commanded the 28th infantry in the Soissons-Chateau Thierry drive) and saw other active service with; American forces. | Colonel and Mrs. Gilbreth expect to! lease a residence in the city. | GRAINGROWERS HOLD MERTING. AT MILL CITY Minneapolis, Minn., June 24.—The fourth annual convention of the Tri- State Country Grain Shippers associa- day, closed today with the election of! officers. The convention, according to| J. H. Adams, secretary of the associa-. tion, was one of the most important} ever held by the grain shippers. | Opposition expressed by the asso: | ciation to the farm bureau federation: plan of marketing grain and plans for! financing country elevators were two; of the principal results of the meet-) ings, accordig to the secretary. Besides several addresses, reporis! from the officers and committees were read. 1 Speakers today were: D. P. O'’Neill,; member of the Minnesota Grain Ap- peals Board, who talked on “Minne- sota Spring Wheat Grades;” J} C. Miller, of Page, N. D., whose subject; was “Operating and Financing Coun-| try Elevators,” and Stanley B. Houck, Minneapolis, who outlined the value of trade organisation and the over- coming of trade abuses. A banquet was to be tendered the 1,500 delegates, who came from Min- nesota, North and South Dakota and Wisconsin, by the Minneapolis Grain Commission Merchants’ association, FOREIGN TRADE IN DECREASE Washington, June 24.—Heavy de- creases in the country's foreign trade with Europe and South America dur- ing May as compared to May of last year was shown in the monthly report issued by the commerce.department. | Today’s Weather oo For 24 hours ending at noon, June 24: Temperature at 7 a. m. Ey Highest yesterday .. Lowest yesterday Lowest last night . Precipitation . iNone Highest wind velocity 14E. Forecast For North Dakota: Fair in east portion, probably showers in west portion, tonight and Saturday; not | much change in temperature. i {and later will go in a body to the MANY SURGEONS IN BISMARCK AT STATE MEETING North Dakota Section of Amet- ican College of Surgeons in Gathering PUBLIC TALKS TONIGHT Bismarck People Invited to Ate) tend- Lectures at the Auditorium In spite of restricted train service, surgeons from all parts of the state! are registered at the McKenzie hotel for the North Dakota meeting of the American College of Surgeons. Operative clinics were held in the morning at the Bismarck hospital and the St. Alexius hospital. The after- noon session was a hospital confer- ence held at 3:30 p. m. in the Mc- Kenzie ball room. | At 6 o'clock the doctors will have a! 1 dinner on the McKnezie roof garden, | public meeting, which convenes at the auditorium at 8 o'clock. Z Dr. Franklin H. Martin, Secretarv- General of the American College of Surgeons and one of the speakers at) tonight’s public meeting, made the! following statement to the Tribune: “This gathering of medical men and laymen tonight ought to mark an ad-| vance in public health for North Da-; kota. We hope it will begin a part- nership between the medical profes-| sion and the. public which will result; Washington, June .24.—"Live Wire ne mutael Lapreraies Whenever! Lasker.” ‘That fs the name with which e people as a whole support scien-| Be ae tific medicine, the benefit to the com-| President Harding has christened his munity is marked. We need your help; new Shipping Board chairman, in making this country a healthier| “He doesn’t pretend to be a ship- place in which to live. j ping expert,” Harding told triends “We want you to have standardized | when discussing the appointment of hospitals; we want you to aid us inj Lasker, an advertising man, “but he’s arresting tuberculosis; we want youja live wire organizer.” to aid us in reducing the ravages of; A few days later, after a conference cancer, and it can be done; we want) with Lasker on Shipping Board plans you to support us in our effort to im-/and policies, the president said: prove diagnostic methods and thereby! “He's. the livest wire I've ever top unnecessary operating; we want) struck.” you to aid us, as families, as indus-| Full of snap and vigor, charged to tries, as communities, in preventing) the brim with energy, Lasker starts those who are entrusted to your care! of on his new’ job like an electric from becoming ill, waiting until they are ‘ill ‘before seeking proper advice. Learn to ‘keep’ well; then you won't have to ‘get’ well.” ‘Below is the program for tonight's public meeting: Eric P. Quain, M. D., Bismarck, Presiding. Address of Welcome, Judge A. M. Christianson, North Dakota Supreme Court. The American College of Surgeons, Franklin H, Martin, M. D., Secretary-General, American College of Surgeons of.steam on Uncle Sam’s merchant marine ‘that he carries himself, our (ships will soon be on the seven seas laden to the Plimsoll line with car- goes. But in the meantime he’s going to work, not talk. “Action, Not Alibls.” “What the country wants is action. not oratory or alibis,” says he. The outstanding characteristic of Lasker is his forcefulness. He sim- ply radiates vigor. Physically strong, six feet in height, <4 broad-shouldered, erect, this sense of Cancer of the Breast; Its Early Recog-| energy ig further emphasized by the nition and Treatment, directness of his speech, his quick de- jane Ee ee re cisions and his hearing of absolute as- ; ie | surance, que. aoe iby is Solr He has, as one of his friends puts if it: “A graphic use of language.” Richard R. Smith,!M. D., Grand Rapids,' phat ig porne out by his authorship, The Surecon ated ‘tie Public, 1922 MASONIC MEET IN FARGO A. T. Mann, M. D., Grand Forks, June 24.—The 1922 Associate Professor Surgery, University of Minn. Medical School, meeting of the Grand lodge of North ‘Dakota A, F. and A. M. will be held DISCUSS POTATO EXCHANGE Fargo, June 24.—Plans for the Pocatello, Idaho, June 24.—Vilhjal- mar Stefansson, Canadian explorer, announced preparations were beinz made for another expedition into the Arctic regions. i —_—_- | WE THANK YOU! | ———___—__—___— The weather man made the fol- lowing announcement today “Probably showers tonight and Saturday; not much change in temperature.” Thanks are due for the former. The thermometer rose to 99 yes- terday, 1 degree lower than the point of the day before. Lisbon was the hottest point in the state, the therzcseter being 95 there, Minneapolis. The Comnantty's Interest in Hospitals; President Catholit Hospital Ass'n. TURKS BE ATING ih Fargo on June 20, 21 and 22, it here today. BACK GREEKS p AIL OFFICERS Constantinople, June 24.—(By the! shortening the Ismud front a8 a re-! CASE T0 FARGO sult of the withdrawal of the 1ith Greek division. The Nationalists have —_ captured Adabazar and Sabanja, re-| |N. P. railroad detectives, Henry Kearns out ee and William Wyantt, are to be tried in Cass county, according to an MARINE STRIKE announcement made by Judge J. A. fey said that he was sending the case to Cass county hecause it was the only F RMA county within reach having a July \term and that he thought the defend- Serene | ants should have a speedy trial. wide strike of affiliated marine unions colleg ty 1 was ‘declared: oMclally coming season’s activities of the art tT discussed at a meeting of the board iof directors held at the Metropole jhotel today. The meeting was in charge of H. H. Bakko of Walcott, to attend the directors’ meeting were W. R. Porter, of the agricultural col- lege; H. B. Fuller, secretary of the state farm bureau federation; W. A. manager of the Minnesota Potato ex- change, and Secretary Plumer of the Minnesota exchange. :. Details involved in the marketing between the North Dakota and the Minnesota exchanges, and general questions of interest to the potato producers were taken up at the meet- Rev. C, B. Moulinier, S. J., Associated Press.)—The Greeks are spectively, northeast of Ismud, with-; , Jamestown, N. D., June 24.—-The Coffey, of district court. Judge Cof- New York, June 24.—The nation-} 'North Dakota Potato exchange were president of the exchange, and J. J. i iBarnett of Colfax, secretary. | Among those who. had been invited Aamodt, of Minneapolis, general of this fall’s potato crop, co-operation ing. Doing Nicely Archie Chibean, of Wilton, who was run over by a railway speeder this week and seriously injured, is out of danger and is doing nicely, according to his physician. Chibean is in a local hospital. SHIPRING CHIEF'S MOTTO: “ACTION, NOT ALIBIS!” shock... Jf he cag-gat the same head] Lasker has won chief recognition. The! was decided at the closing session! for the Harding campaign, of the slo- gan: “Let's be done with wiggle and wob- | ble.” { Senator Pat Harrison suggests the! writing of that slogan had much to do with Lasker's selection for his| present job. Great Organizer. Lasker is 41, lives in Chicago, has; a summer home at Glencoe, IIl., where his wife, daughter and son will spend the summer before coming to Wash- | ington. He is a golf enthusiast, a ball, fan and an active member of the American Jewish Committee. He is; the first Jew given high office by the Harding administration, It is as a business organizer that organizing genius that put, Van Camp's Pork and Beans, Quaker Oats, Pep- sidont, Mitchell automobiles and the Chicago Cubs on the map is looked upon as the chief asset he brings to! the board. | For the board's job, primarily, i3| that of getting Uncle Sam's war-built merchant marine into private hands and active operation. It must’ get Uncle Sam out of the shipping busi-| ness, under the policy laid out by the administration, but must safeguard) the nation’s investment in the boats) as far as possible and above all keep them in service and under the Stars! and Stripes. To accomplish this it may be nec- essary to shock some folks and some interests. “Live Wire Lasker” has the voltage to do it. MODEL COAL MINE FEATURE OF EXHIBIT Chicago, June 24.—A model coal) ‘mine built under the supervision ct |‘overnment experts and illustrating 'the very latest form of labor saving ‘mining machinery, will be one of the| | unique features of the National Expo-| | sition of Mines and Mining equipment } arranged for by the American Mining Congress in connection with its 24th | | annual convention to be held in Chi- | cago, October 17-22. | From the cutting machines to the ‘ventilating fans keeping the air fresh| and free from gas, every form of mod- | | i. j i VETS SCHOOL fern coal mining machinery will be seen operated under actual working} conditions, The visitor will have an opportunity ; | of seeing a real coal mine and of ex-! ploring its recesses. He may come to an open shaft, enter an elevator, | j and slowly go down seemingly hun-; | dreds of feet. At the bottom he may, {step out into the black tunnel with) { miners’ lamps flickering here ana! jthere. Further on he can enter into! /a mine room to observe the cutting | } machines at work, watch the loaders | pick up the mine coal, place it into: ; dump cars and see an electric loco- | | motive hook up the cars and pull them! {up to the conveyor which lifts the| coal to the mouth of the mine. i According to Secretary John Burns, | | the American Mining Congress at its! | exposition with the help of the United {States government and through the | construction of this model mfhe, hopes | to be able to bring about a better un- derstanding on the part of the public of the various cost factors entering into the production of coal and at the same time to give to the mine operator a chance to study improved methods which will assist him in bringing about a lower price at the mines, COURT! Kingston, England, June 24.—Two seats in a dark corner of a movie house here have been rented for 6 year by a young man who is wdoing a girl movie fan. PROSECUTOR IN BOWEN-CASE IS ‘TRAIN LEAVING BELFAST AFTER DISQUALIFIED — KING'S SPEECH Judge Berry Removes States Attorney of Golden Valley County SENATOR IS APPOINTED First Witness Testified as to! Bullets Picked up (Spectal to The Tribune.) Hettinger, June 24.—State’s Attor- ney Oppegard, of Golden Valley coun- , ,| ty. was removed as prosecutor of the alleged slayers of M. K. Bowen in the first sensational move in the murder trial here before Judge H. L. Berry. Oppegard was held disqualified by the judge, and Senator Peter Garberg, one of the leading Nonpartisan state senators, was appointed to try the case for the state as representative of Golden Valley county. The trial of D. R. Offley, charged with conspiracy in the murder of Rancher Bowen in Golden Valley county in 1919, proceeded, a jury be- ! ing obtained last evening. The state had moved for the trial of E. W. Tay- lor, one of the constables alleged to ; have had part in.the shooting, but the new prosecutor moved to try Offley. Taylor is the only one of the four de- fendants who has been in jail. J. McClure, the first witness, testi- fled that he picked up shells on the Bowen ranch, five of which are al- leged to have fit Taylor's gun, while two were not traced. AT DULUTH IS NEW PROPOSAL Would Accommodate North Da- kota and Other Soldiers Duluth, June 24.—Residence houses and workshops used in the war-time operations of the McDougall-Duluth Shipbuilding company may be con- verted into a training school for dis- abled ex-service men, according to W. I. Prince, secretary of the Duluth Commercial Club. Mr. Prince) has been in communt- cation with the federal board for vo- cational training, which proposes to establish a training school in the tenth district, comprising Minnesota, North and South Dakota and Montana. The ‘ school would accommodate 200 vet- erans, LENINE STILL POPULAR SAYS CAPT. COOPER Riga, Letvia, June 24.—Lenine's | personality and the faith that most Russian peasants and workingmen have of him, despite their dissatisfac- tion with conditions under which they are forced to live, is perhaps the one big factor that holds the Bolsheviki regime in power, says Captain M. C. Cooper, of Jacksonville, Fla., who es- caped from a prison camp near Mos- ‘cow. Captain Cooper was flying for the ‘Polish army when made prisoner in July, 1920. ‘Lenine is still the most popular man in Russia,” said Captain Cooper, “much more so than Trotzky. I found that the majority of peasants and workjngmen, even those in prison, be- Heved in him, They are terrorized by the ‘Tcheka’, or Counter Revolution- ary Committee, which really is run ning things in Russia. that if the ‘Tcheka’ were abolished practically everybody would be for Le- nine.” This, said Captain Cooper, is not | hard to understand, for Lenine’s pic- tures have been distributed every- where. Travelers in Russia will see two of his pictures for every one of Trotzky. ‘Regarding the “Tcheka” which, with its manifold branches and subdivisions that stretch out like the tentacles of an octopus into every village, forming a combined supreme court, detective department and spy system, which has! powers of life and death to “combat counter revolution,” Captain Cooper sald: “The ‘Tcheka’ has every one terror- ized. The saying is that one In every four persons is a member of it or some other sort of a spy. One of the Russian officers with whom 1 was im- ; prisoned and who had been informed that he was to be released told me he was afraid to go home, as he had four children, and was afraid one of them might be a spy.” HARVARD AND YALE RACES OX Regatta Course, New London, Conn., June 24.—The Harvard and Yale freshman eight-oared race resulted in a victory for Yale by five lengths. Ia the two mile junior varsity race | Harvard won by six lengths. ‘But I believe; | Two Soldiers Killed and Several Wounded When Train Hits Mine |TWO HAD PASSED SAFELY Other Disorders Are Reported in Irish Strife; Barracks Bombed Dublin, June 24.—(By the As- sociated Press.)—Eamon DeVal- era, the Irish Republican leader, was arrested Wednesday night near the city and later released, it was definitely established to- day: There has heen earlier de- nials from Sinn Fein authorities that he had been apprehended. It appears certain that DeValera was arrested in error or through overzeal on the part of officials concerned, , As a matter of fact it’is de- clared here there is no intention on part of authorities in Ireland to arrest OeValera. Belfast, June 24.—A troop train conveying soldiers from Belfast to Dublin was wrecked at Dabervoyle near Dundalk by the explosion of a Sinn Fein land mine. Two soldiers and one of the train guards were killed any many others wounded, Two special trains with soldiers and | horses, which had participated in the reception of King George and Queen Mary on the state opening of the Ul- ster parliament Wednesday had, pas3- ed over the spot safely. The ‘third train was wrecked at a steep embank- ment when the mine exploded, moat jof the carriages falling over the em- bankment. Physicians were immediately rush- ed to the scene. BARRACKS BOMBED. Cork, June 24.—Police barracks were bombed and there was general street fighting in this city last night, one woman being killed and three girls and three men wounded. The disorders began at about 7 o’clock {when four civilians in a motor threw a@ bomb at a police station and an- jother at a barracks close by. A.F.OFL WANTS "STRIKE PROBE Adopts Resolution Calling Upon President Harding Denver, June 24.—The convention of the American Federation of Labor today called upon President Harding to investigate the strike riots at the Standard Steel Car company, Ham¢ |mond, Ind., in September, 1919, and fix the responsibility for “the issuing of guns” and the death of steel car workers. The convention unanimously: reject- jed a proposal by the central labor councll- of Seattle for a nation-wide campaign to establish a maximum fixed hour day and abolish all over- {time in industry. | The resolution charged the workers, !were shot down with riot guns fur- | nished by the United States govern- | ment. | All organized labor in the United States was requested to “unite to as- certain the actual facts in the use of these barbaric weapons and to tix ithe responsibility on such individual | officers, servants or representatives of | the government who shall be person- lally responsible for this great out- ' rage against legal and natural rights.” ; The convention voted to make the ‘ selection of officers a special order of | business for 10:30 o'clock tomorrow morning. The secretary of war and the secre- | tary of the navy and civil service ¢om- j missions were called on by resolu- tion immediately to discharge from the government service all alien em- ployes who fail to qualify. 4 IMPRISONED FOR BOND THEFT Arnstein and Pals Draw Two Years Each in Federal Prison Washington, June 24—Hugh W. Arnstein and four others were sen- tenced today for two years in the fed- eral penitentiary by Justice Siddon iy the District of Columbia suprems court. They were convicted recently by a jury of conspiracy to bring stol- en securities into the District of Columbia in October, 1919. Those sentenced with Arnstein were: Isadore (Nick) Cohn. of New York, and David Sullivan, Norman S. Bowles and W. W. Easterday, of Wash- ington. Arnstein and Cohn were a fined $10,000 each and Bowles was Gred $5,000