The Bismarck Tribune Newspaper, July 9, 1921, Page 1

The Weather FAIR THE BISMARCK TRIB FORTIETH YEAR BISMARCK, NORTH DAKOTA, SATURDAY, JULY 9, 1921 PRICE FIVE CENTS UCE IS ARRANGED IN IRELAND TESTINONY IS TAKEN BEFORE REFEREE HERE E. B. McCutcheon For Creditors Reopens Case Fought Over Three Years Ago CLAIMS NEW EVIDENCE Trustee For Creditors Summons; J. W. Brinton to Appear This Afternoon Additional testimony will be taken in the A. C. Townley bankruptcy case. E. B. McCutcheon, of Minot, attorney for creditors, following! the submission of the J. W., Brinton perjury case to the jury, | summoned Brinton to appear be-| fore H.,F. O’Hare, referee inj bankruptcy, this afternoon to give testimony. The summons, McCutcheon said, was issued because of Brinton’s testi- | mony regarding Townley’s alleged ownership in various league cor- porations. J. R. Waters also will be | summoned to give testimony, Mr. ; McCutcheon said. | ‘McCutelfeony who is ‘tru@tee fdr | creditors, came to Bismarck from! Minot with Francis Murphy, his at- torney. McCutcheon said that the | creditors held claims amounting to about $80,000, i ‘He declared that the Brinton and | Waters evidence was not the only | evidence which caused the reopening | of the bankruptcy case, which attract- ed wide attention in 1918. He assert- ed that independent investigation had uncovered other valuable evidence. | McCutcheon served notice on At- torney-General William Lemke of the intention to take testimony, but -Mr. Lemke was out of the city, and the} testimony was to be taken ex-parte. TOWN CRIERS ARE THANKED FOUR CHARGED WITH MURDER TO BE PLACED ON WITNESS STAND | Hettinger, N. D., July 9.—"\ge have } nothing i» concezl and nothiny but the whole story to tell and to tell it to the jury,” said Attorney J. F. Sulli- jvan in the M. K. Bowen murder trial here stating the position of the de- | fense. | “Phat is why a few precedents legal practice will be broken. We will Defense Contentions | place each and everyone. ot | rT ‘Witnesses to pnove the reputation sons accused of murder on the ‘vit-| of the deceased as a fighting man, ness stand,” the attorney add >4. Four | witnesses to prove Bowen had made persons are charged witn the murder Ira J. Stark, second of the four al- leged murderers, was placed wn the stand by the defense shortly before noon today. ment that Bowen, threatening the men and in a rage ran to the barn to get his gun and was leveling it at in| Taylor when Taylor shot—first. | IN MURDER TRIAL, LAWYER SAYS Ne ne ee TRY TO REOPEN TOWNLEY BANKRUPTCY BRINTON FOUND NOT GUILTY IN Jury Which Retired at 10:30 This Morning i i i i | He bore.out the state: | Judge Nuessle Issues Charge To! | | PERJURY CASE (‘WEEKS ENDS ARGUMENT; | AWAITING TRIAL t I | | LLOYD GEORGE W PEACE WITH cussed — De Valera Calls Dublin, July 9.— (By the the result.” ILL DISCUSS RISH “PRESIDENT” | Basis For Formal Conference Between Two Leaders Will Be Dis- Halts on Bloodshed and Crown Forces Lay Down Arms and Fraternize With Civilans in i Dublin. Associated Press.) — Eamonn De Valera, the Republican leader, issued a manifesto this afternoon {urging national unity during the peace negotiations “with un- | bending determination to endure all that is necessary.” this manifesto is coupled a warning against undue confidence in With tof the Golden Valley County 1ancher. D. R. Offley is now on trial and with the opening of the defense yes- terday £. W. Taylor was placed on the stand. He declared he had sho Bowen, “slpt, I don’t know how until he dropped. If L e would have killed me, killed Offley and perhaps all of us.” ts Cross-Examined Late yesterday afternoon he was cross-examined by L. A. Simpson, leading counsel for the state. He re- Peated his story and held up this morning under a severe grilling. BUMPER CORN CROP IS SEEN INU, S. REPORT 1 Condition on July 1 Better Than} in Twenty Years is Claim WHEAT OUTPUT Washington, July 9.—A reduction of | 20,000,00 bu. in the nation’s wheat | crop during the last month, prospects | of a record production of corn. with the condition on July 1 better | than it. has been in more than 20 years and a tobacco production some 400,000,000 pounds less than last year’s record crop featured the gov- | ernment’s monthly report issued to- ; day. | | spec threats against Offley and others, giv- | ing cause to Offley for taking twoi constables and friends with | him when he went to Bowen's ranch/| to get his cattle, which he said Bow- | en had taken up; witnesses to testi- | fy of threats made by Pjowen against ! Offley of which Offley never heard will | follow Stark on the stand atfer which i Jeffries will be examined and finally | Offley: placed on the stand on his! own lefense, said Attorney ‘Sullivan. ! While Offley is the only defendant in | the present trial all four are charged with the murder and all four will take the stand. FEAR FOR SHIP IS SET AT REST New York, July 9.—Fears for the; safety of the passenger steamer Callao | were set at rest when the Munson line; was notified she had been sighted off San Juan, Porto Rico, last Tuesday Tuesday. =~ CONDITION OF "CROPS LITTLE BELOW AVERAGE S. Representatives for North Dakota Issue Report on Situation Representative of State Closes; Plea For Conviction Late i Last Evening H | The Jury in the Brinton ease re. ported in’ district. court: at 2:10 P.M. findin= the defendant. not eullty, EF. A.. Lewis.. foreman, delivered the verdict, first. thank. | ing Judge Nuessle for the courtesy shown in the case. | It was learned that one the | first ballot the jurors were about. fifty-fitty.. After deliberation a | second ballot found 10 for acquit. tal and two for conviction. The third ballot was for acquittal, ——<—<$—$—$—<~ Mrs. Lyda Southard has been brought back from Honolulu to Twin Ty Falls, Idaho, where she is to be tried the oe Mineo b eae | for the murder of her fourth husband. Brinton retired at 10:30 o'clock this | Pe deaths of three other husbands, morning after being instructed by | * Prother-in-law and an infant child jJudge W. L. Nuessle as to the law in| 47€ being investigated, ‘the case. At noon the jury went to| ~~~ | ‘lunch and resumed its deliberations | jand probably would arrive here next this afternoon. ‘DISTRICT WILL Judge Nuessle’s Charge Judge Nuessle’s charge to the jury| was in part as follows: | ‘ou will note, gentlemen of the! jury, that the state has in this inform- ation set out 24 assignments of per-| ‘jury as I have heretofore explained to} Will Make No Change In Esther- jyou. You will note that these assign-| ;ments differ, one class charges the de-! ville Township | fendant with having testified falsely | as to matters of fact. The second class} 0 ee i charges the' defendant with having tes-| The: county, commissioners neve iu tified falsely as to opinions, beliefs,|Cided to make no change in the Es- conclusions. or,inference. The third | therville township school districts at |class charges the defendant with hav-; present, ‘ing testified as to mixed matters of} ‘The board adopted the following {facts, opinions, inferences or conclu-| resolution: “Resolved, that “after con- jsions. 1 charge you, gentlemen, that! sidering the petitions for dividing while the state has set out 24 assign-| Jowa gchool district No. 2, we, the BE UNCHANGED London, July 9.—(By the Associated Press.)—Premier Lloyd George will, it was authoritatively stated this afternoon, accept Eamonn De Valera’s proposal of yesterday and meet the Repub- \lican ledder to discuss the basis for a formal conference. The ;meetin probably will occur next week. The only thing remaining is the fixing of the date which Mr. | Lloyd George will name from his reply to De Valera’s letter. i The government is subordinating all other problems of state to the question of Irish peace and is bending every effort toward ipreparation for the meeting. | To Cease All Attacks | The Irish office stated this afternoon that Eamonn De Valera ‘has issued instructions to his supporters to cease all attacks on jCrown Forces and civilans and discontinue military maneuvers of ‘all kinds. "TRAFFICRULES ~ ARE PROPOSED _ BY CITY CHIBF Police Head Would Have All Cars Back Into the Curb and Head Out The instructions from Mr. DeValera, the Irish office said, also were to pro- hibit the use of arms, to abstain from interference with public or - private property and to discontinue and pre- vent action likely to cause disturbance of the peace which might necessitate military inference. i The instructions, it was added, were effective from noon on Monday. An air of the greatest optimism this morning pervaded No. 10 Downing street, the premier’s official residence, and the Irish office where the belief was freely voicedt hat there was every reason to hope that bloodshed in Ireland was nearing an end. Withdraw Patrols, London, July 9.—Military patrols were withdrawn from the streets of Dublin last evening, says a Centrat { News dispatch from that city. | Many of the police auxiliaries were i i ' i | 1 i |WOULD ZONE THE CITY) Proposal is to Establish Regula- tions Governing the Down- | town District The July crop report of the depart: | ment of agriculture, giving forecasts to production from . condition of the jof wheat, oats and barley in North crop July 1 shows: |Dakota is slightly below the average, 574,000,000 bushels. Condition 77.2 | United “States Bureau of Markets ~ FOR COURTESY State Convention Meeting Here * Finds Bismarck is Hos- 1 ' pitable The North Dakota Farmers Mutual Insurance association, which ended its sessions here yesterday afternoon, to- day made public the following resolu- tions, in which the hospitality of the Town Criers and Commercial club is praised: “We, the Committee on Resolutions, beg to report as follows: Whereas, the citizens of Bismarck, through the Secretary of the Bismarck Commercial Club, have tendered to the delegates of the North Dakota Mutual Insurance Ass ciation, a hearty wel- come and furnished this convention a fine place for our meetings in the Commercial Club rooms; and PeSpring wheat production 236,000,|2"4, Top estimates for North Da 000 bushels, Condition 80.8 percent. [pore Ties report a is ed re All wheat production — 809,000,000 {att Statistician, was issued’ to: bushels. Condition 78.2 percent. /(@Y and.it shows that there has Flax production 9,700,000. Condi. |been_ an nicreased corn and potato tion 82.7 percent. Acreage 1,242,000. |2creage, a heavy jeut in flax acreage : : eae jand that the condition of the wheat, Corn production 3,123,000,000 bush: ; 3 are s els. Condition 91.1. Acreage ioats und barley crops is below the 108,- | 901,000. */average while the condition of the ‘White potatoes production 377,000,- | other crops is average or better. 000. Condition 85.1, Acreage 1,126,-| The July 1 wheat condition for the 000. state is placed at 83, percent compared ., to 88 percent last year, and the aver saanaen arses lage of 86 percent, indicating a pro- 1,337. : iduction of 80,364,000 compared with ange } 68,400,000 bushels last year and a five jyear average of 81,633,000. |. Owing to spotted drouth conditions jin June and to record-breaking heat “during the last ten days of the month lover the entire state the crop condi- 197 000 GIVES ition with the exception of cultivated 5 |crops have suffered a severe setback 'the rep 3. The southwestern quarter of the eport say: SELF T0 POLICE state shows extremely heavy damage & ;with numerous reports of 50 percent production Condition 71.9. ments of perjury in the information if, | Grand Forks, July 9—The condition|‘it shall meet with the requirements of !proof, as such requirements are ex- | plained in this charge, as to any one of ‘such 24 assignments then, and in that Winter wheat, production forecas', |according to the July 1 survey of the! event, your verdict will be a verdict of guilty of perjury as charged in the in- formation, * * * “I charge you further, gentlemen of the jury, witlimreference to the re- spective assignments of perjury and each and all of them ag set out and charged by the state in the informa- tion that before you can return a yer- dict of guilty on account of any one of such assignments the state must have established to the satisfacion of each and every one of you the falsity of eacn and all of the matters and things charged in such assignment to have been falsely testified to by the defend- ant. Proof by the state of one of the matters and things so charged in any one assignment, where more than one matter or thing is charged, is not suf- ficient to warrant a verdict of guilty but the requirement is upon the state to prove each and every matter and thing as charged in that assign- ment. *** What Must be Proved. “As to the element that the defend- ant’s testimony was wilfully false and contrary to the oath taken by the de- fendant as a witness I charge you that county commissioners and county su- perintendent of schools of Burleigh! county, believe that it is for the best interests of each part of the district that neither petition be accepted and we therefore reject both petitions for organization of new districts.” People outside of Regan asked a separation and Regan people made proposals for another separation, 1 ——ee | | FACTS FOR THE CITY TAXPAYER *| A demand for reduction in tax budgets is sweeping the na-| tion. It has found a very force-, ful expression in the appoint-; ment of Dawes to trim the fed-) eral expenditures so that the! load may be lessened. Cities and counties as well as) smaller political subdivisions are tackling the problem with an earnestness born of necessity. Bismarck can well emulate the rest of the nation by cutting and trimming public expenditures. i | | | i ! \ > Proposals for new traffic regulations probably will be made by Chief of Pu- lice Martineson as a result of a study | of traffic laws of other cities and con- |sideration of difficulties encountered ; here, imally talked over traffic regulations) The city commission has infor- on several occasions. Police Commis- sioner Henzler believes that should be be some regulations made. The chief feature of Chief Martine- son's plan is that automobiles parking in the downtown district would be re quired to back into the curb and head out. He said that during his trip to the police chief's convention at St. Louis he talked with a number of rep- resentatives of both small and large cities who said this plan had reduced the number of automobile accidents. Diagonal parking lines would be drawn from the curb. Each automo- bile would be required to park within the white-washed lines. There would be seven feet of space allowed for each automobile, enough to allow the parking of the machine and give 4 space between cars so that people might get in and out of them easily. The Traffie Zone. walking the streets leisurely, frater- nizing with civilians and discussing the prospects of peace in Ireland. The truce between the Sinn Fein and | Crown Forces may, therefore, be said ; to be already begun although the time for commencing it officially hag been set for Monday noon, | It is understood the armistice will | be signed by Sir Neville MacReady and | Michael Collins, commander of the Trish Republican army. ' RECEIVE NEWS COLDLY ! Belfast, July 9, (By the Associated !Press)—The new development. in Irish politics was coldly received in Belfast. “Trinkling to the murder | Sang,” the Belfast News Letter cap- | tions its editorial on the truce, saying there are complications in the Down- |ing street truce announcement which are disquieting “to all loyal subjects of | the king and repulsive to all honorable men,” ! ISSUE ORDERS | Dublin, July 9—(By Associated | Press)—The government here in | order to cooperate in providing a con- | dition here, it is explained “in which ! peaceful dictation may be possible” | has ordered all searches by the mili- | tary and police shall cease, or even greater damage to crops. | ® S Pi Military activity shall be restricted Whereas, the Town Criers of Bis- The traffic zone would include the| It would be a fine stroke of busi- rs ye ‘marck favored the delegates to this meeting with a splendid auto ride around the city of Bismarck and vicin- ity; Be It Resolved, that this association tender its sincere thanks to the Com- mercial Club and Town Criers of Bis- marck, North Dakota, for their gener- ous hospitality, assuring them that the visitors will leave with the best wishes for the capital city and with nothing but pleasant memories; furthermore Be It Resolved, that this convention tender its heartiest thanks to. Harry P. Cooper, secretary of the National ‘Association, and E. E. Engelbert, Economist in Farm Finance, for the splendid addresses delivered, and the able assistance they have given in our deliberations. The committee was composed of L. L. Brusletten, E. A. Erickson and Hugh Montgomery. ‘FOOTBALL STARS SHOVELING COAL State College, Pa., July 9.—Penn State’s football stars are hardening up their gridiron muscles early. Captain George Snell of the varsity eleven is hauling coal during the sum- mer months. He swings a “mean” shovel and will be in great shape to charge from his position at fullback this fall, declares Coach Bezdek. Charles Beck, another star of the Penn State team in 1920, is also keep- ing in trim by handling a coal shovel. Beck is ineligible for football this year but is captain of the boxing team. IT'LL CARRY ANYTHING London, July 9.—Dogs, eggs, fresh flowers, gold, _ silver, platinum, movie films, whisky, dresses, furniture. Those are some of the things that have been carried by an airplane freight service here, says a report just published. ‘France maintains ® tax on doors birds, { way Magnate Notifies | Authorities Minneapolis, July 9.—Berger T. Jaeger, former secretary to Alex M. Robertson, vice president of the Twin City Rapid Transit company, who was indicted by the grand jury consequent to his disappearance with $127,000 worth of securities owned by the Dv- luth Street Railway company, was placed in jail early today. Jaeger notified a detective agency here yesterday that he was in Cincin- nati, adding that he was ready to re- turn the secrities and surrender, it was announced here. James E. Lawler, connected with a detective agency, received $11,000 in securities trom Jager in Cincinnati yesterday. Recovery of the remainder of the securities is expected within u day or two, it was announced. ‘China was the first country to use wall paper. It’s a long way from cause to effect to say that a cloudburst in the Bad Lands is responsible for all the misquitoes now seen and felt in Bismarck. But that’s the way the weather bureau officials figure it. The heavy rains of a few weeks ago filled up coulees, caused the river to rise and overflow lowlands When it receded it left ponds and the hot weather following was just to the taste of mosquitoes, Hence, we have them aplenty for and windows. a short time, “SWAT THE FLY” GIVES WAY TO NEW SLOGAN “SMACK THE SKEETER” | «x: | Secretary of Minneapolis Rail-- BATTED BALL CAUSES DEATH Everett, Mass. July 9.—Knocked unconscious by being hit on the head by a batted ball James Gannon, 21, recovered sufficiently to play another inning in a game between semi-profes- sional teams here yesterday. Then he collapsed and rushed to a hospital in Boston where he died last night. ‘AUGHT UNDER TRAIN. Dickinson, July 9.—Luther C. Esse, Northern Pacific conductor running between Dickinson and Glendive, was almost instantly killed when he was caught beneath a gondola car attach- ed to his own train, at Jona, 15 miles east of Glendive,e about 7 o'clock Tuesday morning. When found lying on the track a few minutes later by Sam Merrill and Otis Quinion, his brakemen he was breathing his last. His body was mutilated almost be- yond recognition. . (His face and up- per part of his body had been badly bruised, right leg almost severed at the hip. He was also disemboweled. One resident reports that this! summer is the first time in years that the pestiferous 'skeeters have invaded “the hill.” Drug stores report the heaviest sales of anti-mosquito prepara- tions in years. A few days ago every drug store was completely sold out, excepting for one prepa- ration used to keep mosquitoes away, and hurry-up orders were sent in for preparations, The favorite treatment after one has been bitten is ammonia water, accordiag $e arugzists. it is for you gentlemen to determine the matter of falsity. You are to de- termine whether or not the defendant ness to rescind action on the was honestly mistaken in testifying a8 i bond election set for July 26 and he did. It is not enough to prove the|by careful management save testimony given as charged was false.| enough from the general tax in- ‘As to whether or not it was false 18 come to put the Detention Hos- tuonaanued on page 2) jpital in shape and to buy a jmedium priced fire truck. Sure-| !ly a way could be found without! MERCURY HANGS ladding to the bonded debt to’ ‘care for expenditures that) TID NEW MARK should come from the general! i taxes. | The Duluth people chafing un-| Ever) der a high tax load have organ-| ‘ized a Taypayers’ league. It has} employed an attorney to see {where the money goes and what oa economies can be effected. The hot weather record for Bis'| There is no intention to muck- marck was broken this afternoon when / rake officials or indulge in per- the thermometer of the U. S. weather | .onalities, just an honest desire bureau registered 108 degrees. It ex-| : z ceeded the temperature of 107 on June/to accomplish something toward 30 which equalled the Bismarck rec-;decreased public expenditures ord. ‘and also to see that the taxpay- ers get a dollar’s value out of gi every public dollar disbursed. 86. The Tribune has tried to 92’handle the situation in Bismarck in the same spirit of fairness. 103 Duluth’s action was taken fol- 105 lowing an examination into city 108 affairs by a commtitee made up to foe members of the Rotary, Ki- A aay |wanis and Lions’ clubs. ‘ While there may be no field - 7 for a taxpayers league in a city 2 of this size, citizens of Bismarck 90 might well apply themselves to .94 a closer study of city affairs, not Bort merely for purposes of criticism “*"195 but to assist and to co-operate ‘"h105| With members of the city com- .107, mission, Highest Temperature Known in Bismarck Re- ported TEMPERATURES TODAY. 7 a.m. ui 8 a.m. 9 a.m. Lope ms Sp. m. . 3 p.m. .....- 3:30 p.m. 4p.m.. 30 TEMPERATURES. territory between Sixth and Second streets and Main and Thayer streets. Machines would not"be permitted to park within several feet of a street in- tersection. Chief Martineson does not favor parking in the middle of the streets, saying the streets are not wide enough to justify it, and does not favor a time limit on parking downtown. Many accidents have been reported, he said, by people who head their cars into the curb and then back out into a crowded street. Several have back- ed into the state street car on Fourth street. Chief Martineson also wants a stringent penalty for having faulty brakes on an automobile. AUTO BANDITS GET $15,000 Chicago, July 9.—Automobile ban ditg entered the Clearing State Bank here shortly before noon today, held wn the bank officials and escaped with $15,000, the robbers overlooking an- other $15,000 in the cashier's case. WEATHER REPORT For Twenty-four hours ending at noon July 9. ‘Temperature at 7 a Highest yesterday Lowest yesterday . Low last night Precipitation . Highest wind veloceity Forecast For North Dakota: Generally fair to-night and Sunday; cooler Sunda, and in the west and central portions to-night. m. $100 FEAST FOR RATS Portland, Ore. July 9—Mike Fah- inich didn’t like to trust the banks. So he hid a $100 bill in the base- ment. The basement rats got hung- ry. Now Mike is $100 short. to the support of the police in their normal, civil duties. | The curfew restrictions shall | removed. | The sending of reinforcements shall be suspended. Police functions in Dublin shall be carried on by the metropolitan police. These directions are effective from noon Monday. JACK JOHNSON OUT; HIS WHITE WIRE MEETS HIM Former Pugilistic Champion Leaves Federal Prison Today be Leavenworth, Kan., July 9.—Jack Johnson, former heavyweight pugil- istic champion, was released from Leavenworth prison shortly before 10 o'clock this morning after serving 10 months of a sentence for violation of the Mann act His sentence read one year but he was given good time for not being a troublesome prisoner. A fine of $1,000 which had to be paid before he could be released today was paid yester- day, Lucille Cameron Johnson, white wife of the former champion, arrived yesterday fnom Chicago to be with | him upon his release. WOMAN SPORTING ED : ‘Paris, July 9.—Mlle. Berthe Bou- veret has been appointed editor- in-chief of Le Sportif de Aisne, a weekly sporting paper published at Soissons. The paper is the official or- gan of all the sports clubs of the Aisne department.