The Bismarck Tribune Newspaper, July 7, 1921, Page 1

The Weather FAIR THE BISMARCK TRIBUNE FORTIETH YEAR BISMARCK, NORTH DAKOTA, THURSDAY, JULY 7, 1921 PRICE FIVE CENTS TESTIMONY IN. BRINTON CASE TS COMPLETED Arguments and Judge’s Charge _to Jury Will Follow WATERS ON THE STAND Former Manager of State Bank Makes Statements and Lemke Denies Them J. J. Weeks, special prosecutor, opened the argument for the state before the jury in the Brinton case ‘this afternoon, Mr. Weeks and Arthur LeSueur, defense counsel, will argue the case. No time; limit was set on their speeches. Weeks told the jury in opening his address that if the jury found the [ defendant had committed perjury on any one of the twenty-four as- signments in the information it was the jury’s duty to find him guilty. In beginning the phase of his argument involving the Bank of North Dakota he read the rules of the bank showing its policy. | The Brinton perjury trial neared its close today when testimony was completed and preparation: made for arguments of the case. The defense rested its case at 9:15 a. ¥ and the state closed its rebuttal’ festimony at 11 o'clock, when adjournment | was taken until afternoon. The defense closed its testimony with additional statements by J. R. Waters, former manager of the Bank of North Dakota, and the rebuttal} witnesses of the state were Attorney- General William Lemke and H. A. Paddock. Lemke denied flatly a statement | Waters said he had made to the effect | that, after being warned in January 1920, of the condition of the Scand- inavian-American bank, he said: “By God, we'll keep that bank open if it takes every dollar of public funds in the state of North Dakota.” When Waters was on the stand he was pressed for details by Special Prosecutor Weeks, following his tes- timony regarding the Lemke _state- ment. Waters said that the conver- sation was about collateral of the Scandinavian bank and that Lemke said that he thought it would work out, but said he could not give many details, ‘Waters asserted that L. P. McAneny told him ‘Lemke made the same statement to him. {H\ A. Paddock, on the witness stand, denied that he was ever in charge of the Scandinavian bank, saying that he was in the bank for a time in charge of collection of col- lateral the Consumers Stores com- pany had placed in the bank, being in the store company employ. Mr. Lemke admitted there was a dis- cussion over the condition of the Scandinavian-American bank in the Governor's office, which he thought was before the June primary. He said he had replied to Waters’ asser- tions that he thought Waters was unduly exercised about the bank and said that he thought Waters was in- fluenced as a prospective purchaser who wanted to squeeze stockholders out. - Waters on Stand. J. R, Waters, former manager of the Bank of North Dakota, was one of the defense witnesses yesterday afternoon. Waters detailed his relations with the Bank of North Dakota and his discus-; sions with leaders converning the con-; duct of the bank. Waters testified of ‘his differences with F. W. Cathro, di- rector-general of the bank, said they were personal friends and that their; differences were solely as to the pol- icy of the bank. As evidence of their; personal relationship Cathro and Wal-| ers sat together outside the court house after court adjourned last even-; ing holding conversation. Waters reiterated his former state ments that he had warned Governor | Frazier in January, 1920, about the condition of the Scandinavian-Ameri- can bank, which he said was bad, ‘and that he told the governor that “if that) bank ever blows up don’t say Jim; Waters never warned you.”* Cathro, Waters said, was picked for! the job of helping organize the bank | by William Lemke. He said that he wanted E. J. Schoregge, of Williston. a mber of the guaranty fund com- mission, to help organize the bank.; Townley, he,said, wanted to send aj| man named Swenson from Minne-| apolis. When he kicked on his salary Wat-| ers said Townley told him: “You've| got no kick coming; you are getting | $5,000 a year from the bank and $5,000 | from the Sisal Trust.” i A Regarding Guaranty Law. Discussing the method the Bank of North Dakota proposed. to use of rely- ing on deposits under the guaranty of deposits law instead of requiring col- lateral from banks, or in case collater- | al was obtained, Waters said that he} had opposed it, because as bank ex- aminer he had held that if collateral was given that made it a loss and no recovery could be claimed under the guaranty law. ‘Testifying regarding the $330,000 of paper brought to the Bank of North Dakota from the Scandinavian-Amer!- can bank Waters declared that he ob- jected to this collateral, except a small pile which he separated, being receiv- ed in the bank. He said that he did tell Brinton that if that paper were allowed to come in the Bank of North Dakota he would resign as manager and make the deal public. The first chimney was built in Venice in 1347. ” ;ROADS TO GIVE SECURITY: HE HAS ALWAYS LIVED WITHIN A MILE OF THE PLACE WHERE HE WAS BORN. REV. W. M. Have you traveled far and wide— left the little old home town—in vour search for fame and content- ment? ‘dave you felt the call of a big city? ‘ Why? After all, the place where you were born has all these things—just waiting for the right one to come along and seize them. ‘Rev. 'W. M. Norment proves this. He was born at Whiteville, Tenn., back in 1829, There were few peo- ple in the little settlement in those days—andthere are.Jess than 1000 today. ‘ Yet Rev. Norment has never lived more than a mile from the place where he was born. For 92 years he’ has been a Whiteviller. And, of the 92 years he has been preaching 63—never missed a Sunday in the pulpit of the Cumberland Presbyte- rian Church. ‘Fame! He has acquired it in his own home town. In point of ser- vice he is the oldest preacher in the world. Rev. \Norment remembers well some of his old school day chums. HALF BILLION ADVANCE 10 BE WADE RAILROADS Secretary Mellon Announces; Funding Plan to Aid i Rail Lines | Washington, July 7.—Treasury Sec- under a provisional refunding ar- ecutives the carriers would receive, dollars from the federal government rangement made with the railroad ex- | OLDEST PASTOR PROVES : FAME AT HOME POSSIBLE PEV. NORMENT HAS PREACHED EVERY SUNDAY | FOR 63 YEAR ow i NORMENT Many of them went to the big cities. Most of them have died—unknown outside the circle of their friends. “I have never aspired to be a big preacher, nor to build up a rich con- gregation. I have tried, instead, to keep self and self-interest in the background,” says Rev. Norment. “To me, there is too much of show, too much of self in the pulpit and in the pew today.” Many; of the Whiteville folks who Rev, Norment christened, years 80, | are now in their graves. “I, too, am growing a bit feeble,” says-the preacher, “but I .am ~ atill | ablé to fill my pulpit.” As a young man the old pastor called on Andrew Jackson. . “It was a short time before the great general died,” he says. “Ty made. the trip with several otber boys of Cumberland University. ‘Mr. Jackson expressed his appre- ciation for our call. He gave us a fatherly talk upon the responsibili- ties of life, of church and of state,” Rev. Norment is modest—but the people of Whiteville are proud that | one of their own remained at home and traveled the road to fame. “WETS” GOING INTO POLITICS, New York, July 7.—Organizers of | the independent — anti-prohibition — parade, on Fifth avenue, announced that members would be furnished with names of commercial houses: that op- pose prohibition and, would be asked not to deal with such houses. Organ- ization intends going into politics also, It annonces that, it will support “wet” | | candidates for national, state and lo- cal offices. GUMMERSON IN approximately five hundred millio! Former Courier-News Editor| within the next six months. Mr. Mellon said negotiations with: the railroad executives probably would | be completed within two days and that! to the railroads in money equivalent to those which the, government spent in capital better-| ments during war-time control. vances 6 per cent security evidencing | the indebtedness of the particular) railroad which receives the advances. it was explained. Mr. Mellon indicated that additiona! appropriations would be sought from Congress to make the advances. | START WORK ON TARIFF BILL Republican Committee Sets Out Its Purpose Washington, July 7—A tariff law which would “become the magna char-| ta for the perpetuation of our Ameriean | standards of living and be the con-} stitution of a uniform and universal} prosperity” was the goal which the} Republican members of the house ways and means committee set for| themselves in drafting the adminis-j{ tration’s permanent tariff bill, says a/ report filed with the house today by: Chairman Fordney. With the report the bill was formally presented in the; same form it was introduced last week. government will receive for the ad-|®2- Talks with Officials C. K. Gummerson, who was editor of | \ the advances contemplated would give | the Fargo Couries News until the dis- cash sums of |#8reement there yesterday, came to Bismarck today on the noon train. | Mr. Gummerson declined to add to the| The | comment he had already made in Far- He went to the McKenzie hotel, where it was expected he ‘would con- fer with state officials. Mr. Gummerson was Courier-News representative in Bismarck before he! went to Fargo as editor. PARACHUTE AIDS OFFICER TO MAKE | HIS APPOINTMENT; Bedford,-England, July 7.—A night} watchman at the royal airship hangar at Cardington near here got the sur-j{ prise of his life when he saw a para-} chute dropping from the sky early in the morning a few days ago. “Can I get a bed here?” asked a calm voice. * The parachutist was Air Commodore E. N. Maitland, on his way home to Howden air station from Epsom aboard the dirigible R-33 which had acted as official traffic controller and wireless station at the Derby races. Commodore Maitland explained tha: he had suddenly remembered that he had to attend an important meeting at the Cardington station in the early morning. “The only way to get there in time was to jump right off,” he said. Andrew Carnegie’s first wages were $1.20 a week as a factory boy. {of the committee having in charge the jthe farmers mutuals is expected. They | only city of importance in the Ae FARMER MUTUAL State Convention Opens With Sessions Which Will Last Two Days TALK REINSURANCE CO. | Proposed to Form Big Company to Meet Emergencies for | Others | ; Discussion of the formation of a re- ‘insurance company was one of the important topics before the represent- atives of the North Dakota Farmers Mutual Insurance Association, which opened a two-day convention in Bis- marck today. Thirty representatives of various mutual companies of the gtate are in attendance. Paul Goldade, of Rugby, is chairman reinsurance subject. It is proposed to form a company which would aid small mutual companies in case of dis- aster which brought extraordinary calls upon the company. There are about 25.mutual companies in the; state. No change in the present policy of! do not desire state insurance, but to! continue the mutual fire and tornado companies and strengthen them. Re-} ports to be made by the officers will show the companies in prosperous condition, it was said. The delegates were welcomed by G. N. Keniston, secretary of the Com-/| mercial club, and the response was; made by Mr. Goldade. George Dick- inson, of Brinsmade, president of the association, is presiding. Nels Mag- | nuson, of Souris, a member of the legislature, is secretary-treasurer. S. A. Olsness, commissioner of in- surance; R. A. Middaugh, state fire marshal, and E. E. Engelbert, of Wash- ington, D. C., an economist in farm ‘finance, were to speak this afternoon. The convention will adjourn tomorrow | afternoon. | DENIES STAY IN NEWSPAPER CASE The supreme cour. denied the ap} plication: .of the: Courier-News, Wil- liam Lemke, George I. McPherson and Herbert E. Gaston in the libel suit brought against them by Wil- liam. ‘Langer, for a stay of proceed- ings in district court of Judge F. P. Allen. Judge Allen had denied a further change of venue from Rich- land county, after one change of venue was granted. The supreme court held jt could not consider the appeal before Judge Allen had acted | on a plea ‘for stay of proceedings | ‘pending with him. ——+ Se o| sa ot ena = a ee | FACTS FOR THE | | CITY TAXPAYERS | —____—__—_—__—__* Fargo with a population sev-| eral times that of Bismarck has/ had little or no suceess with its; incinerator for garbage disposal. An incinerator installed at a! cost of $3,500 has been out of commission for three years. The plant has never function- ed properly owing to faulty de-| sign. In order to properly incin-| erate it was necessary to use 50; much fuel that the cost of opera-| tion became prohibitive. ; Fargo has under consideration | the purchase of another plant) which it is thought will meet the; requirements of the city. ! Grand Forks finds that for! { INSURANCE MEN Chicago, July —7.—Chicago’s |. parks have béen opened for sleep- gain relief from the heat while the temperature continues around 85 degrees and the weather bureau offers no immediate relief. Five deaths yesterday were due to the heat and health authorities assert the city’s mortality rate has been doubled. MILWAUKEE SUFFERS Milwaukee, July 7.—Milwaukee continues to suffer from excessive heat with no relief in sight, ac- cording to the official forecast. At 9a. m. today the official registra- tion was 85 degrees. In some parts of the city people slept on lawns seeking relief. Two prostrations have been reported. BANDITS GET $5,000 IN BANK Asthabula, O. July 7.—The: marine National Bank at Asthabula Harbor was robbed this afternoon of '$5,000 and a policeman was shot through the mouth by. several bandits who fled in a launch out to Lake Erie where it is reported they have been captur- JUDGE SUMMONS TWO WITNESSES IN BOWEN CASE Judge Berry Springs Surprise on Both Sides in Trial at Hettinger CALLS FOR PHYSICIANS ‘Hettinger, ‘N. D. July 7.—Judge H. {.. Berry, presiding in tne trial of ‘D. R. (Offley for the murder of L. K. Bowen, yesterday sprung a surprise on both the state and the defense. The defense counsel had been en- deavoring to secure as witnesses two living doctors who had examined the body of ‘Bowen, who was killed on his Golden Valley County ranch The counsel for the-defense object- ed to'the introduction of testimony of Dr. Stow, since deceased, whose testimony given at the preliminary hearing was read into the records. Objection was based on the fact that they were unable to cross-examine him. Others Examined Him Two other doctors were known to have examined the body. The state objected to the calling of these physicians. Judge ‘Berry without an- nouncing his action sent orders to the two physicinas to report at Hettinger as witnesses and his anouncement of their arrival was the first informa- tion either side of the cage had of the subponeas. Tells Former Story Mrs. Bowen under cross exam: ination yesterday testified largely as at the preliminary examination to the effect that she had seen Taylor use a small handled .32 caliber re- volver from a distance of about two paces. She could not be shaken on this, On the witness stand Dr. Maer- ckleim declared that it was impos- sible that shots should have been fired so closely as there were no powder burns. ‘Defense Position ‘Upon further questioning ‘Dr. Maer- ckleim said five ‘bullets had penetrat- ed Bowen's body, that three of the bullets were of .45 calibre and that a fourth had lodged in the brain was of the same calibre and that the fifth, not found undoubtedly was of the same calibre. The main claim of the defense will be based on the statemnt of Dr. $1,500; the initial cost, it has) secured a satisfacory incinera-| tor. The cost of operation in| 1920 was $2,600. An incinerator, fireman is paid $110 a month.) It is a lamp chimney. shaped! burner and is located one mile, from the city. Three wagons! haul the refuse at a contract) price of $140 per month per rig. Poplar wood is used as a fuel! and the cost of replacement of, incinerator parts is rather high! because of the rapid deteriora-! tion of the steel racks due to the! action of the gasses. | The city has added two units! to its original incinerator at a: cost of $2,000. Fire brick is' used ‘in the construction of the; incinerator. | Grand Forks is probably the state which finds the incinerator satisfactory for garbage dis- posal. Valley City, Minot and several other towns stick to the dump method because of the low expense and satisfactory results if properly supervised . The election July 26, seeks an expression of the voters upon a $5,000 bond issue to install an incinerator. In addition to this figure there must be added to the city budget an additional ap- propriation for operations and Maerckleim and Mrs. Bowen, that Rowen had raised his right arm to level his gun thus exposing his side. The defense admits and claims that Taylor shot Bowen with a .45. cal- ibered revolver but that he shot him only after Bowen had gone to the barn and obtained a gun. WEATHER REPORT For twenty-four hours ending at noon, July 7. Temperature at 7 a. m.. Temperature at noon . Highest yesterday . Lowest yesterday . Lowest last night Precipitation .... Highest wind velocity FORECAST For North Dakota: Generally fair tonight and Friday; moderate temper- ature. St. Paul, July 7.—A heavy down- pour of rain accompanied by a strong cooling wind broke the heat wave at 8 o’clock this morn- ing. ‘The rain lasted practically an hour. Clear skies followed the rain with a cooling breeze. HEAT WAVE PASSES The heat wave which passed over North Dakota apparently has settled over cities in the Great Lakes region. State-wide reports to the weather bu- Yeau today showed that the highest temperature in Norh Dakota yesterday was 94, at Minot. It was 89 at Dick- inson. The mercury rose to 88 at Williston and Dunn Center. The highest in Bismarck was 83. There Was no rain in the state yesterday. STAGE ALL SET FOR BALL GAME HERE TOMORROW Elks and Odd Fellows Will Meet in! Mortal Combat in Local Park ALL FOR SWIMMIN’ POOL Now that the Dempsey-Carpentier fight is over, the only other important sporting event scheduled is the big| ball game tomorrow evening at 7 o’clock between the Elks and the Odd Fellows. The Elks have been fortunate in securing some very heavy ball play- ers and many good players who have never been in a gume before, poker excepted, will be“in-the line-up. The Odd Fellows¢also report: some sur- prises in the way of talent and both teams will be in. the game to win regardless of casualties. Many new plays never Before seen in a game in Bismarck ‘will be pulled off and the first ball to go over the fence this season will be put over by pinch hit- ter Joe Breslow for the benefit of the thousands present. Hither Ed Heath, the famous Soo train catcher, or Home Run Woodmansee, will be behind the bat for the Elks. It has not yet been decided who the Elks will pitch but at least a dozen good pitchers and two bronchos will be placed in the sun on the west side bleachers to warm up. The general admission for this game will be 25 cents for adults and 10] cents for children under 16 years. Grand stand seats 10 cents extra, “No one should miss this game as you will enjoy it,” said one of the! hoosters. “The admission should be $10 but it is reduced to 25 cbnts so} that you may not have an excuse for not going. The proceeds are for the swimming pool. Everybody should turn out and have a good time.” The Elks’ line-up as near as can he! ascertained at this time is as follows: Elk Norman Flow, 1st. Obert Olson, 2nd. Jack Oberg, 3rd. J. C. Taylor, short. Spencer Boise, R. F. & W. C. McDonald, 'L. F Tom Hall, center field . Ed. Heath, catcher. Harry Woodmansee, catcher Ed. Webber, pitcher. P. R. Fields, pitcher. John Peterson, pitcher. John Homan, pitcher. Harry Larson, pitcher. Rhudy Patzman, pitcher. Scott Derrick, umpire. Joe Breslow, pincher hitter. 1 L. K. Thompson, do Joe Dietrich, thirst assuager. Joe Spies, bat custodian. Judge Nuessle, arbitrator. The Odd Fellows’ line-up. will be given tomorrow. Don’t fail to see it. It is a secret and you'll be surprised. HEAR TROTSKY IS IMPRISONED | ‘Paris, July 7.—Reports have reach- ed here from quarters that demand notice to the effect that Leon Trot: | sky, Russian soviet commissioner of | marine and war, has been imprison- ed by Lenine, the Soviet premier, following the congress of the Third International. No confirmation of | these reports from, official or any} other source, however, is available. | Advices received from Moscow | have not indicated any serious break | between the Bolshevik leaders which would explain the reported arrest of | Trotsky. BASEBALL BOOSTERS Baseball enthusiasts want a special train to carry Bismarck rooters to Linton Sunday for the big Bismarck-Mobridge game. ‘Lists were put out today, and if 125 persons sign to go a special train over the Northern Pacific can be obtained. The lists were in the hands of boosters of the team today. Fans were urged to make their decision immedi- ately so that definite arrange- ments can be made. Mobridge, South Dakota, is WANT SPECIAL TRAIN TO TAKE FANS TO LINTON gations in Linton from many towns. A crowd of 2,500 people is expected at the game. The game promises to be one of the biggest events in this section of the country. Mobridge is said to have one of the best teams in South Dakota and the local management feels with the addition of three mew players Bismarck is equal to any team in North Dakota or South Dakota. The fans will have an oppor- tunity of seeing at least two of the new players in action in the sending a special train with its upkeep. . team. There will be big dele- game with Wilton here this even- ing at 6:30 p. m. _ LEAGUE EDITORS UNDER ARREST OPEN CHICAGO PARKS TO SLEEPERS AS HEAT WAVE SETTLES OVER CITY CRIMINAL LIBEL FILED AGAINST OLD EMPLOYERS Gummerson and Totten Arrested For Preparing Statement About Funds STATE LEADERS MEET Courier-News Explains Why Edition of Wednesday Paper Was Destroyed Fargo, N. D., July 7.—In an extend- ed statement published today, the Far- go Courier-News asserts that the spe- cial edition of that paper confiscated yesterday and destroyed by majority members of the Nonpartisan league state committee was sponsored wholly by disgruntled employes who had been discharged for incompetency. Nu league state officials had a hand in the © affair, asserts the Courier-News, which is today in complete control of the members of the committee against whom charges of mishandling the campaign funds of the leage were ui- rected. Hearing Tomorrow. George A. Totten, Jr., former busi- ness manager of the Fargo Couvier- News, and C. K. Gummerson, former editor, arrested yesterday on charge of criminal libel following the publi- cation of an edition of that paper ia which it was charged that members of the Nonpartisan league committee handling funds for the recall election to be held in North Dakota this fall had squandered a certain amount of the funds, will be given preliminary hearing on the charges tomorrow, it was announced today. In addition to the charge of criminul libel Totten was arrested on a federal warrant charging him with transport- ing liquor. He also is subject to a restraining order preventing him from in any manner exercising control over the Courier-News and funds which he deposited in Fargo banks derived from contributions for the league recall campaign of which he is charged of the embezzlement of $102.70. Alleged Shortage. Totten was arrested. on the embez- zlement charge last Saturday follow- ing discovery by Ole Kaldor, treasurer of the committee in charge of the re- call fund, that -$102.70 sent to that committee had not been acknowledged. according to the information on which the warrant was isued. The sender in the amount in question has forward- ed his cancelled check to Kaldor and according~ to the information the money had not been deposited with the fund over whih Kaldor had charge but in the Dakota Savings bank to the account of George A. Totten, Jr. Today Totten was out on bond of $500 on the charge of transporting liquor in violation of the prohibition act pending action by the next ses- sion of the grand jury. Today the exective committee of the Nonpartisan league is meeting here. As the situation stands in the courts today, two former officers of the Cour- ier-news are under arrest, and various other court proceedings are under way. George A. Totten, Jr., former busi- ness manager of the paper, in charge at the time of the preparation of the special edition bringing charges against Committeemen Liederbach, Kaldor and Levang, is charged witi criminal libel, embezzlement and transporting liquor. Also he is under injunction to prevent him from in any © manner exercising any control over the Courier-News, and funds which he de- j deposited in Fargo bank, derived fron: contributions for the league campaign. have been garnisheed by Ole Kaldor, treasurer of the state committee. Criminal Libel. Cc. K. Gummerson, the editor in charge when the coup was attempted, is under arrest for criminal libel, |charges being preferred by Lieder- bach. Totten and Gummerson will be given hearings on the criminal libel charge tomorrow. Totten will be arraigned late this week on the federal warrant charging transportation of liquor, his arrest following discdvery of a bottle containing beverage in his car during the height of the disturbance at the Cours office yesterday morn- ing. Late last night, committee members who had arrived in Fargo were in ses- sion at the league headquarters. Wal- ter Maddock was the first minority member, coming to Fargo early today. No statement of the meeting was given | out today. Leaders Arrive. Members of the state executive com- mittee of the Nonpartisan league ar- rived here today to consider steps in connection with the conduct of league newspapers as a result of yesterday's suppression of a part of the edition of the Fargo Courier-News ordered by 2 majority of the committee, The Nonpartisan league headquar- ters announced the arrival this morn- ing of all state executive committee members. What Caused Trouble. The statement complained of fol- lows: | “Victory fund mishandling by Lied- erbach and Kaldor necessitate conven- tion to elect three men to serve with Maddock and Walker; send donatious to Poindexter. “A situation has arisen within the Nonpartisan league which demands (Continued on Page 3) z