The Bismarck Tribune Newspaper, July 9, 1921, Page 2

PAGE TWO ENGLAND FACES POSTAL DEFICIT; CALLS FOR AID London, July 9—The Postmaster General has called the business men of Grain Britain to aid him in solving the problem of how to operate the postal, telegraph and telephone serv- ices efficiently and without a deficit. A council of business men has been appointed to assist in the management of the department. H. Gordon Selt- ridge, the American merchant in Lon- don, is one of the 19 appointees, The others include bank directors, presi- dents of Chambers of Commerce, rail- road managers and other leaders of in- dustry. One is a newspaper proprie- tor, Viscount Burnham of the London Daily Telegraph. The Postoffice Department estimates for the current year show a deficit of 3,500,000 pounds. The Postmaster- General had proposed to cover this by increasing the rates on the second- class mail but now this project has been abandoned. . The question why the department should show a loss has been the sub- ject of much debate in the newspapers The department has a monopoly in the United Kingdom of the mails, tele- graphs and telephone, thus making it the greatest business in the, cquntry. Yet, ‘on a combined revenue of 70,000,- 000 pounds a year it has been run at a-loss. One writer has attributed the deficit to the doubling of the penny postage on letters which took place during the war and its retention since, BRINTON CASE GOES TO JURY IN DIST. COURT . (Continued from page 1) only incidental: The question is: ‘Did the defendant know the testimony he gave was false, or did he make an un- qualified statement as the fact which he knew he did not know to exist?” The defendant in this case does not have to prove that his testimony was true or that he was honestly mistaken. The burden is on the state to establish by his whole case to the satisfaction of each and every one of you gentlemen that any testimony charged by the state to have been falsely given by the defendant was in fact falsely given by him within the meaning of that term as I define it in these instructions. The offense consists in swearing falsely and corruptly without probable cause of belief, not in swearing rashly or in- considerately according to belief. The false oath if taken from inadvertence or mistake cannot amount to volun- tary and corrupt perjury. * * * Determining Probable Cause “In determining what is probable cause:in ‘this case and in passing upon the question of the falsity of any testimony the defendant may have giv- en you must determine that probable cause not from your standpoint nor from.mine but from the standpoint of the defendant at the ttme he gave such testimony; that is, you must look at this matter through the defendant’s eyes as he then saw it; you must hear through the defendant’s ears as he heard these matters upon which he may have formed any inference, opin- ion or conclusion, * * * “The test is: ‘Did the defendant at the time he gave the testimony in question honestly believe that which he sald to be true? Then, and in that event, even though the same was not true and even though such belief as its truth was rashly and inconsider- ately formed, nay, more, even though a little diligence on his part would have enabled him to discover its fals- ity, yet if he was honest in so believing he cannat be guilty of the crime of perjury as charged in the information and your verdict must be a verdict of not guilty. * * * “I charge you, gentlemen, that the giving of wilful false testimony in a manner calling for the exercise of judgment and expression of opinion “may -constitute the crime of perjury if he who so testifies wilfully and cor- tuptly refrains from. exercising his judgment and giving expression to his real,opinion but in such cage the state must establish beyond a reasonable doubt the wilful failure and refusal to exercise an honest judgment and I further charge’ you that where the testimony which is the basis of an as- signment of perjury is a matter of construction and deduction from. given matters. and things.the mere fact that it is erroneous or is not a correct. con- struction or is not a logical deduction from all the matters and things on which it-is based or from which it is :drawn, cannot make it perjury. The test is: ‘Was such opinion, belief, con- ,elusion or inference wilfully false or ‘erroneous?’ * * * Intent is Gist. “In this case the intent is the gist of the offense charged against the de- :fendant in the information. .If he tes- tified falsely in order to make his case “the state must establish beyond a rea- ‘sonable doubt that he testified so wil- fully and in this case the intent must be derived from the evidence of the “acts and things of, the words spoken, it any. were spoken, in connection with $the-other evidence in the case and it is for you to say, from the evidence in the case whether or not an intent ex- isted in the mind of the defendant at ;the time of the alleged offense to speak “falsely or to speak that as the truth which he did not know to be the truth.” Judge Nuessle’s entire charge was some 10,000 words in length. It in- :cluded a full recitation of the informa- “tion against Brinton and the usual ,explanations regarding the doctrine of fyeagonable doubt, reliability of evi- .dence and other detailed explanation sof the law. LeSueur Violent. 3% Arthur LeSueur, Brinton’s counsel, ‘in his address to the jury, which con- sumed seven hours, characterized the raising of $98,000 for new stock in the Scandinavian-American bank as an effort to drag in afrmers to help make them pay debts of the institution cre- sated by the mismanagement of league ‘corporations. i He referred to an “minute books of t™ American bank. con. from F. B. Wood, one of the executive gommitteemen of'the ‘National Nonpaz- jun eague, in which he authorized BY ALICE ROHE Fanwood; N. J., July 1—Is love ot wealth more important for the welfare of a child? Is true friendship or blood. relation- ship of greater consequence? These are the basic points in one of the most unusual guardianship cases in the history of the courts. On the broad lawn of a comfortable “homey” place at Fanwood I found Marian Read Holliday and Millicent "Read Holliday having a lovely, time quite oblivious to the public interest centered in them. These little girls were willed by their. mother to Mr. and Mrs. Freder- ick Sherwood of Fanwood. | Incidentally the mother left $60,- ‘000 in tryst to each child to become hers at the age of 21. Sherwood, who is treasurer and trustee of the Dry- dock Savings Institution, is, executor. qj the crediting of a fund of $98,807.11 subscribed for new stock in the bank to capital and surplus. The notes said the money was held in the bank in the name of F. C. Heaton. The authorizo- tion was given a little more than a| month betore the bank closed its doors. “There isn’t a prominent leaguer who bought stock,” said LeSueur. “This thing means that all the power was centered on the farmer to get him to come in and make good the debts created. The men on the inside knew the institution was broke flat, and they depth?” raised. He declared that the leaguers stirred up all the talk about the in- stitution being attacked, had fellows out raising subscriptions on the strength of it and then delivered his “solemn opinion” that “the entry is transferred so as to make these pur- chasers pay twice.” He declared that there was no evi- cept the record that it was deposited asserted that he believed Heaton was the “goat” tell the truth about the inside of this matter.” Attacks Brinton. ae COULD NOT Without Lydia E. Pinkham’s Vegetable Compound, Says | Mrs. Pitts of Newburgh . Newburgh, N. Y.—<‘My trouble was a weak back and I could,not walk two | ‘ blocks without bein tired out. I read o: dia E, Pinkham’s egetable Com- pound ina newspaper ita trial. do my own work and walk with ease. I always keep the und, in the house. t certainly is m best friend and ouse without it. Ihave tebe to. many and always recommende: shall. ish.”’—Mrs. EpwarD Pitts, 2 St., Newburgh, N. Y. __ It has been said that “‘backache is an invention of the Evil One to try women’s souls,’’ but even so, it is more often a symptom of a female trouble which sooner or later. declares itself. .Day after day it drags a woman down an night after night prevents restful sleep., Such woman should follow Mrs. Pitt’s advice and try Lydia E. Pinkham’s Veg- etable Compound, and regain health. Letters about your health will be given careful attention and held instrict confi- dence if you write to Lydia E. am Medicine Co., Lynn, Mass. Theirexperi- ence of over 40 years is at your service. Done For The HOSKINS 5.28: Reasonable Charges — We are known everywhere for the expert work we do. Mail Orders Given Prompt Attention. HOSKINS, Ine. ‘igh KODAK WORK MARIAN (LEFT) went out and got- money from farmers; for new stock. Did perfidy.ever reach; a sublimer height or more degraded} He advanced his “theory” of what he | thought happened: to this. money .so: false and the stock was never issued, | but that it was shown the stock was; dence that the money. was there ex-! to the account of F.C. Heaton and he} and he hopes he “would! During the closing argument of J. J.| KEEP HOUSE. Vegetable Com- | You may use this letter if you,! THE BISMARCK TRIBUNE The. Contrast. In the Sherwood home the children have Jove, helpful interest—and every essential comfort. But their grandmother, Mrs. Susie Chyreh; Holliday, of Brooklyn, is .su- ing to obtain possession of them. And in her petition she sets forth that she could give the children wealth and a kin’s care—and social position, too. “Is your mother in?” I asked Ma- rian, knowning that the children called 5 Sherwood’s mother and daddy. “My real mother is in heaven,” she said quickly, “but my mother I live with is in the house. I'll get her.” Mrs, Sherwood, a young woman who evinces deep affection and motherly love for the little orphans, appeared on the lawn. Millicent, or “Bobs” as she is called, was immediately in her lap, and Ma- rian was clinging about her neck. Weeks, special prosecutor, he at one i time referred to Cathro as “being stab- {bed in the back by a self-confessed crook,” turning and indicating Brin- ton, LeSueur interrupted and asked the court to note an exception on the ground that the implication was not | supported by any testimony in the | case. The exception was noted. Le- Sueur also demanded an exception be noted to a statement of Weeks that | Lemke had testified that Brinton was land decided to give | Now [can | | i | | MINN! general banking business, Safetyland Service THE TWO STRONG PILLARS ON WHICH WE ARE BUILDING OUR BUSINESS OB ™M® CLINIOC we recently installed, our bank is a safe ‘place to keep your Liberty Bands and other valuables: as: well: as-to do your First National Bank, Bismarck, N. D. GET A SAFETY DEPOSIT BOX NOW gas Safety First PRIZES IN BATTLE OF LOVE AGAINST WEALTH — AND MILLICENT HOLLIDAY RICH GRANDMOTHER SUING FOR “' CHILDREN WILLED TO OTHERS “They are stich affectionate little girls,” she said, “that I couldn’t bear to think of losing them. “They are just like my own. Why, T taught. Bobs how to walk. Her mother and I were the best of friends, just as the: children’s father. and my husband were,great friends.” Read Holliday died four years ago and his wife nearly two years ago. “When Mrs. Holliday knew she was doomed,” says Mrs. Sherwood, “she asked me if I would care for her chil- dren. had been with us a great deal during their parents’ illness, so I agreed most readily.” ‘ The grandmother naturally has a truly maternal interest in the chil- dren, but they have seen very little of her,-and as the wee sisters say— “We are very, very happy here.” RR EESaEEaEa>EaEaEaEaEa—aarrrrerrmrvws” charged with “holding out” on the Sisal Trust on the ground that the attempted’ statement of Lemke’s to this effect was barred from the case as improper rebuttal evidence.” Weeks, during, his closing speech, which was two and a half hours long. made @ personal attack upon Attor- ney LeSuer, saying that he was dis- gruntled and ealous because he failed | WAY, jn the Nonpartisan | to win his) league. INTER - STATE FAIR JULY 11> 16-1921 FARGO 0 FARGO" KC VPOLIS.STINN I already loved them, for they! skin. \ | TT : \ eADANNSGUNUON AOA dcHONAEANOEOONADEGAOGAQOOSAUSNOOUGDONLALDOOQNUOGADEOOOUOSOQOEOQSOOLOGNDIONDOONOOOSOObEDOGUOUNNODANOUOAOUDDOOROEONUEANL) The first bottles were made ot | The earth’s atmosphere is 40 miles WOUUUUALANEVUUDGEASDELOOGUUUUHELO UUMLEREUGEEUUGOMOAEEOUAEOALALUGUeadnceaneuueeeeptacnsecnonneuuusnecqoocuaunecennscvusceuayaaencevquutnnrt ggneneouaeeenUcesnere tee q Open to the public every evening for dining and dancing except when engaged for private parties The Dining Car’Room which adorns the Roof, will be open every Wednesday and Saturday evenings, service A La Carte. A Special Sunday Evening Dinner will be served a-top the McKenzie every Sunday at the regular Sun- day Dinner price. Patrons of the Roof and guests of the Hotel and their friends are invited to attend the open Air Concert every Sun- day Evening. Come up and watch Bismarck and Mandan grow a-top the McKenzie Hotel. : ; Edw. G. Patterson . Owner and Proprietor. TTY Te MMMM MMMM The census jis taken every _ fiv years in Japan. | deep. “One of the. Greatest Economic Problems Is Dis- tribution’ RESIDENT HARDING in a recent address declared that “one of the greatest economic problems, if not the greatest, is distribution. There can be no doubt of the position of the good roads movement in the solution of the problem. I believe that Federal and State Governments must not only create good roads but they must insist upon the main- tenance of good -roads. A good road gone wrong is a streak of memorial ‘to neglect and waste. The roads we build must be built for use in the distribution of products rather than for merely pleasure riding. We must foster the use of motor trucks.” The expression of the chief executive of our nation is but a confirmation of the ex- periences of the Standard Oil Company (Indiana) in the conduct of its business. The problems of distribution are of paramount importance and in effecting this distribution, good roads are a pri- mary essential. . : J The StandardOilCompany (Indiana)hag in operation more than 4000 motor trucks engaged in distributing gasoline, kerosene and lubricating oils to ultimate consumers in 11 Middle‘ Western States, It is the .. business of this department to attempt to furnish Standard Oil products to whoever may require them, wherever he may live. To supplement the tank wagon, the Standard Oil Company (Indiana) main- tains a network of service stations, lo- cated on the main traveled highways, \ every few miles in the country and every few blocks in the city. Through its highly specialized organi- zation, the Standard Oil Company (Indi- ana) manufactures from crude petroleum the three factors necessary to a solution of the problems of distribution. ' Stanolind Paving Asphalt for good roads—enduring roads. Red Crown, the high-grade gasoline, for power—tremendous power. Polarine, the perfect motor oil, for lubricatiom—correct lubrication. In the manufacture of these products, the Company has set as a measure of value, specifications which it believes in- sure the pser the utmost of service at a ’ minimum of expense. Its products are - made to exact standards, and these stand- ards are based upon a careful, exhaustive study. of the conditions under which they will be used. All are uniform in quality and go to the consumer with the Com- pany’s guarantee that they are exactly as represented. Standard Oil (Company 9105. Mickigas ‘Aves Chicago, Il