The Bismarck Tribune Newspaper, February 21, 1922, Page 7

TUESDAY, FEBRUARY 21, ’22 DEF: CASE BY RETRACTIONS, GENERAL OPINION (Continued from Page 1) wrong, but hadn't stopped to examine the room. ‘ust felt everything wasn’t right,” Gummer replied. é “Then what were you scared of?” Gummer was unable.to explain, “Why did you wait five minutes af- ter going iinto-the room before calling Fred up?” of ‘ Gummer was unable to explain. Asked as to! whether he -had told Pickering, the officer, in the lobby of the hotel before Pickering examined ‘the room that the girl was covered with blood, Gummer replied that he had told Pickering no such thing: Pickering testified that he did. Officers Thought He Lied. , He said that he had made a mis- statement regarding the calling of Marie Wick on the phone to the offi- cers because he was afraid they. would connect him with the. crime if they knew the truth. He finaly admitted that the officers had intimated to him they thought Ire was ‘lying about the phot episode’ before he corrected ‘his mis-statements and admitted calling her. He denied that he corrected the mis-statements because ‘ie knew that Kramer had investigated the case and had talked to Brown and was afraid that Kramer would know from Brown that Gummer had lied. When asked as to the statements credited to him by Roy Murphy in which Gummer. had said that they should stand ‘pat, Green asked him: “Why did you think of that. par-' ticular time when Murphy’s name was announced as witness?” aes Couldn't. Explain Why, Asked as to his calling Marie Wick on the phone and to hig: reason for calling her, Gummer said that‘he had merely called her to find out what time she wished to be called in the morning. 3 “You hada eall sheet,’ didn’t you?” “Yes, but I didn’t 160k ‘at’ at.”” “Did you call anyone else up about their calls’ for thy next morning?” . Gummer said no, but still insisted that he liad ‘omy éalled Marie to learn her call, inspite Of the fact the call ‘sheet showed thgt- her call had been changed to 6 o’clock..- ~~ “Did you call her up to see if she were sporty?” Gummer jicked bis lips and said “I—no sir.” ¥ When the admission which Gum- mer had made in which he said he calleg her up to see if she were a sport was read to Gummer he said that these statements were not cor- rect and he had not made them. He was, questioned regarding dif- ferent admissions but denied them all and denied “trying out” all single sand good looking women who stopped at the hotel and denied having made such a ‘statement to the officers dur- ing their questioning of him June 14. Gummer said,’ “If you want to re- hearse, read that to the jury,” but Judge Barnett, his attorney, instruct- ed him:to answer the question and, he finally answered and qualified by saying “to the best of my memory.” Deseribes “Third Degree.” “Milligan had both hands about my neck, when he said to me: ‘Don’t lie ‘to. me, G——* d—— ‘you, or I will choke the wind out of you.’ Milli- gan called me a ‘G—— d—— liar,’ were two of the thingg that stood out jn the testimony of Gummer, brought out by counsel for the ‘de-~ fense in the redirect examination. Gummer testified that this happen- * ed on the fourteenth when his cell in the ‘Cass county jail #vas entered by]. the officers. He was aroused from his bed and@ put through the “third degree.” Telling of this night Gummer stat- ed that he was in the middle of the “room, in his underclothes; that the men, five or six of them, were all about him; that -the lights were flashed on and off; that Kraemer would slip up behind him and say, a“Tell ’em you ‘did it; tell ‘em: you did it: You know you are guiity.” At different-times when the’ lights were out they would slip up to him and say, “You know you killed that girl.” That Kraemer told him they were going to take: him to Bismarck in the morning—that the jail would not be strong enough to hold back the people when they heaf. of this.” Kraemer Belfeved- He Was Lying, On the‘ witness ‘stand for. re-ditect examination © Gi again went over the events’of the morning “after ‘the murder. He insisted that it was, Pickering that first advanced: the ‘sul’, cide theory; that he did not ‘suggest ‘suicide to Pickering, ‘but that Picker- ing suggested suicide to him. Thinks that it was in the room where the:sug- gestion of suicide was first wade and not down in the office. Gummer stated that he phoned up to the room the next morning three times. ~ First ‘about 6, and then about 6:15 and again in about the same length of time. Then he went wp, knocked at the door, then unlocked the dior and’ went in. Miss Wick’s body was on the bed— something over the face appeared ‘to be a bloody cloth, or a white cloth specked with red. The body was still. Then he left the room, but did not report the matter at once. He told Fritz Lawrence,as has been vreviously told, because. he did not want to be the first to report it. He testified that at the conversation between himself and the officers in his room at the jail, the fourteenth, on which day he had three distinct t conversations with the officers, all present were asking him questions, at least four of them did, that this was from 2'to 6 o’clock in the morn- ing: that at this time Kraemer said that he did not believe Gummer had told all; told it straight. In response to’ a question, Gummer stated that none of the men -had suegested_that he had not ‘told the truth in regard to the telebhone call: that he had called the girlun and not she him, or as to meeting the train, or as to his being in the room first in the morn- ing. Dance at. Baker’s Hall every, TnesdaveThuraday. and Satur- day nights. Best music and floor in state...10e a dance, DEFECTS IN OUR '1¢ There Are, Detroit, Public |_MANDAN NEWS _ PYTHIANS HOLD BIG MEETING IN MANDAN LODGE The 58th anniversary of the Knights of. Phythias lodge was ,ob- served in Mandan last night, with visitors present from Bismarck and pther towns. There were about 20) members of the ‘Bismarck lodge there. There was a short program in ¢om-} memoration ‘of the 58th anniversary, of the founding of the order. John L. Bowers, grand chancellor, gave a his-' tory of the Mandan lodge, Warle Tos- tevin discussed the plans for a big ceremonial: in ‘connection with the in- stitution of a. temple of the Dramatic Order of Knights of Khorassan, ‘the Shrine of. Phythianism. Upwards of 100 tyros have signed up for member- ship.-in_the first Dokey class. Earl W. Pettrson discussed the founding of the order. 4 Third rank work was exemplified on three candidates nd. refreshments were served. OBSERVE GIFT WEEK “Gift. Week” is being observed at the Mandan Public. Library. -.Many books are expected to be given the library, HOUSE IS BURNED Fire destroyed a three-room house occupied by Dan Edwards, negro, on Second Avenue N. E. Sunday night. Edwards ‘said explosion of a coal ofl lamp caused the fire, Attorney and Mrs, J. F. Sillivan have returned from an eastern trip which extended over several weeks. Allen Key, who suffered’ a broken erm three months ago when he fell from a box car while switching at a north line town, is in-the Northern Pacific hospital at Glendive, ‘Paul Knoll, aged 67, suffered a stroké of pafilysis while sitting in the Dakota hotel visiting with friends Sunday evening. SUPREME COURT | °~ >From Mean Comiy, ‘Nela’K. Mogaard, pJaintift and -appel- lant, vs. W. M. Robingon, individu- ally and as mayor ofthe city of Garrison, -J."A. Reuter, ‘Joe Fitz- gerald, Joe Mahowald, ‘and W. E. Richards, individually, and as mem- bers of the city cpiinci) of the city of Garrison, defendants and re- spondents. Syllabus: Certiorari to review proceedings to exclude territory from a city. Chap- ter 32 of the Session Laws of 1921 provides for the exclusion of territory upon petition showing the absence of municipal improvements and that the land is unplatted; but it is provided|/ that “where a sewer outlet extends upon or over said unplatted lands” it shall be the duty of the council to exclude the terriory. It ig held: (1) A sewer outlet extending upon or over lands within the proviso of the Statute is that porton of a sewer whch serves no other purpose than to connect the sewer system with the point of discharge. (2) The evidence, including the resolution of the cjsy council in dis- nosing of the petition for exclusion, is examined and it is held that the vorton of the sewer constructed upon the petitioner's land is used as an outlet extending upon and over the same within the proviso of the statute. Appealed from the district c/urt of McLean county, W. L. Nuessle, J. Reversed and remanded. Opinion of the court by Birdzell, J. Grace, Ch. 1., specially concurring. Christianson, J., dissenting in part. Benton Baker, Bismarck, N. D., at- torney for appelant. J. EB, Nelson, Garrison, N. D., and E. T. Burke, Bismarck, N. D., attor- ney’ for respondents. WELL IP You'’Lt 2QUIT) BAWLIN’- LIKE THAT, ILL GET MY ROLLER SKATES OuT OF THE ATTIC FOR- ME ? NOW-HE HAS TO SHAVE =. PLL GET THEM FOR You To! AND HIS FRI NESS GRACIOUS! y WHY, TAG, HAVE You “WHERE HAVE You Wy FORGOTTEN T ToLD You“ BUTT 1 BEEN TAGALONG? Ml) NEVER To Go TH MAS BANS! (ug i ; g INVITED. i VAI me i According to the lowest possible es- timate this equity is worth $1,400. It figured according’ to what farm- ers in this immediate ' vicinity are ask- ing for similar land‘ this equity is worth $3,800. D Or, if figured like land that has been sold to the Bismarck public in the shape of “Coal Mine Stock,” this CLASSIFIED. ADVERTISEMENTS : HELP WANTED—FEMALE WANTED—Housekeeper by widower with children, good wages, steady WORK WANTED WANTER—Girl 22 years old wants place to work oh a farm at reason-| equity i: th employment. to ‘the’ right .party.| able wages. Phone 516 or write| “Win you buy ‘thls equity you be- Write Moffit, N. D., P. O. Box 93. Geo. B. Newcomb, Supt. Society for! come owner of millions\,of tons of 2-17-10t | _the Friendless, Bismarck. __2-20-3t} coal, Some insurance policy if you WANTED fob running . tractor have the courage and the backbone to through spring season. State par-|look twenty years ahead! ticulars in first letter. Write No. + —J. HENRY KLING, 350, care Tribune. 2-20-1w} 2-10-2w 207 Thayer St., Phone 682. WORK WANTED—Experienced farm MISCELLANEOUS and ranch’ hand, married, have one Why not buy at wholesale price di- child, desires job. Write No. 347, care Tribune. 2-15-1w| rect ‘from tne factory. There is a == reason, 50 mild Havana cigars for ROOMS WANTED $3.75, and 50 cigars, domestic fillers WANTED—Furnished apartment. or| $2, .C. 0. D. We pay postage. Try two rooms with light hopsekeeping | us. Satisfaction guaranteed. Wilton privileges in;:mpdern home. Phone| Cigar factory, Wilton, N. D. \840 Or room 408, McKenzie Hotel ¥ AUTOMOBILES—MOTORCYCL FOR SALE—Ford car, in good condi- “tions alao'a “quantity of’ furnitiire; ‘will sell at’ d reasonable price, 1306 floors, $3,500. Small payment, bal-|'' Avenue B:, or phone'524-M, 2-20-1w ance like rent. Henry & ‘Henry, = isk Phone 961 2-20-lw} > ITION WANTED HAVE Work for young lady with pleasing ‘personality. Lahr Motor J, Sales Co. He 21-tt WANTED— Waitress at Homan’s Cafe, Ls BeBe 'ANTED—Cook at the Chocolate Shop. 2-15-1w _ __ HELP WANTED—MALE WANTED—Combination pastry and , short order Cook. Must be A-1. Lewis and Clark hotel, Mandan, N. D. 21-3t be -1-30-4w POTATOES—Gpod culls and small po- tatoes, fifty cents per bushel, at pit on Sixth street alley, between Front and Sweet streets. Bring , your sacks. ; Cash only. Missouri Val- ley Seed Co., over Dahl's Store. Phone No. 605. 2-20-2w FOR SALE CHEAP—Small Kimball upright piano; mahogany finish and FOR SALE OR RENT HOUSES AND FLATS OWNER LEAVING—Will sell his lovely 5-room home, very easy t \s;5- rooms, bath, ‘entirely: mou- ern, full basement, hard wood EXPERIBNGED Stenograpler with} i excellent condition. Cash or ROOMS FOR RE Ay SARE ER ESE Teak ieaptae in terms. Address No. 346, care Trib- FOR RENT—Two desirable furnished} sires position. Can’ furnish refer- | _U%°- 2-15-1w nooms, well heated, for light house-|~ ences if desired. Write 338, in care} Baled hay, $15 per ton f. 0. b. keeping. Also four-room apart-{ of Tribune. 2:7-tf | Jamestown. Write or phone Jim ment With bath and gas range. Phone 442-M. 2-21-1w FOR RENT—Two furnished rooms in modern home. Furnished for light housekeeping if desired. Phone 672M or call:1 Thayer Stree 2-16 wk FOR RENT—One front room on fir: floor with or without housekeeping privilege. Also one room on sec- ond floor. 409 5th St. 2-18-8t FOR RENT —Strictly modern room, four blocks from P. O.; respectable man preferred; reasonable price. Call 672-J. 2-15-1w Bowen, Penn. Ave. So., Jamestown, iN. D, Phone 1125. 2-18-4t FOR SALE—Sweet clover. W. B. Scarofied, at 61-2 cents. Buxton Grain Co., Buxton, N. D. 2-6-1in BOARD AND ROOM BOARDERS WANTED—Rooms and board ,single or double room or table board. Home Across from Postoffice. raven. 212 8rd street. Phone 356. ——o HYGIENISTS AND ARE THERE ANY SCHOOL SYSTEM? School Officials Have Deter-/ ' "painted To Find Them Detroit, Mich. Feb. 21.—Officials of the public school system here have set themselves the task of learning how each ‘person attending’ the schools fhres after he leaves the in- stitution. An exhaustive survey, re- quiring years to carry it out, is to be undertaken at once in the hope that any. defects that may be incdérpor- ated. in the school system here may be disc in this way and rem- The study of. each student in the schools will begin on the day the pupil quits the institution. His mar- riage, the births of his children, his occupation, salary, standing in the community and, whether he ever is arrested,. all will ,become_ known to the _ school officials and card in- dexed. E . The successful persons in life will be separated from the failures and a closer study made of those’ who fail in the effort to learn if the short- comings are due, either directly or indirectly, ‘to the local school sys- em. Arthur E. Lederle, head of the attendance division ‘of the local schools and president of the-National League of Compulsory Education Of- ficials, is sponsoring the experiment, said to be the first of its kind ever undertaken anywhere. Several years will be required, it is believed, to complete the survey. City government departments have agreed to Keep the school offi- cials supplied with information about the persons under investigation. B.S. ENGE, D. C. Ph, Chiropractor Consultation Free Suite 9, 1l—Lecas Block—Phene 263 FOR RENT—8-room modern house at 10 West Thayer. Call 205 Park Ave. Phone 676R. Call evenings 18- lwk DISCUSS TYPHUS cattle. Write Ben Haggard, Cannon Warsaw, Feb. 21.—A vigérous cam- Ball, N. Dak. 2-20 4t $500.00 SPOT CASH. Will buy my equity In a quarter section farm land two miles from: the paign to check tir spread of typhus is expected to result from the meet- é ing of the first Polish National Con- leave at Tribune office. gress of Hygienists and Sanitarians. Youngtown Creamery, seven miles THE OLD HOME TOWN BY STANLEY north of New Salem, where the Hol- =~ = “ ‘p BS R fl M € rs LOST LOST—Bunch of keys. Call 202, or 2-20-2t lignite fields,- barely scratched, hold stein Dairy Cow has made good and future promise, = AD Ne | : : DURING AN EXCITING GAMEOF CHECKERS yo, IN THE BOARD OF TRADE ROOMS TODAY JOE HULK HAD HIS HAT GRUSHED— “~~ h 4 Certainly He Was Invited ARE You SURE, TAG ? A qountry-wide health campaign bas- ed on the American model was or- ganized. Polish medical authorities are some- what apprehensive over the spread of typhus but feel confident that the epi- demic will not reach the proportions of 1919 when there were 120,000 cases in the first few months, with a mor- tality of 10° per cent. American relief organizations are lending every assistance to tho gov- ernment in caring for the thousands of .typhus-infected ‘Polish refugees who are flocking across the border. ‘Half a million -o f these refugees have. been repatriated in the last three months and it. is is expected that as many more will be returned to their homes in the next two months, The Polish authorities’ are now working in friendly cooperation with the Soviet officials. — MARKETS WHEAT IN DECLINE Chicago, Feb. }21—Declines in the Prices of wheat resulted fnom expect- ed rains inthe south during the first part of the board of trade session. The. prospect that Kansas and’ other drouth-affected. states might have re- lief offset rise in Liverpool. The open- ing which varied from 1-4 to 1 38 cents lower was followed by a mater. fal further drop and then something of a rally. ‘Subsequehtly fresh reports of wide- spread deterioration .of the domestic winter crop led to a rush of buying that carried May and July both to new ‘holiday profit-taking ‘sales, however, soon brought about another setback. Close: unsettled 11-4 to 15-8 cents net lower. “CHICAGO LIVESTOCK Chicago, Feb. 21—Cattle receipts 11,000. Slow to 25 cents higher. - Hog receipts, 28,000.. Slow, -steady to 10 cents higher. ‘Sheep receipts steady to strong. 19,000. . Generally ST. PAUL LIVESTOCK So. St. Paul, Feb. 21—Cattle re- ceipts 2,200. Killing classes general- ly steady to strong. No good to choice beef steers. Common and me- dium beef steers $5.35 to $8. Bulk $6.25 to $7. ‘Butcher cows and heif- ers $3.75 to $7. Bulk $3.75 to $5.50. Stockers. and feeders $4.50 to $7.00. Bulk $4.50 to $6.25. ‘Calves recoipts 2,200. Steady, practical packer top, best lights $8; some $8.50; seconds $5 to $6. Hog receipts 11,00. Fairly active. Mostly strong to 10 cents higher. Top $10.35. Bulk $9.75 to $10.25. Pigs $10.10 tio $10.35. Sheep receipts 3,600. Fat lambs higher. Fat ewes strong to.slightly higher. Choido handyweights quot- able at $7.75, MINNEAPOLIS FLOUR Minneapopif}, Feb. 21—Mour un- changed to cents higher. In car- load lots $ to $8.55 a barrel. Ship- ments 63,146 barrels. Bran $26, MINNEAPOLIS WHEAT. Minneapolis, Feb. 21—Wheat ‘e- ceipts, 248 cars, compared with holi- day a year ago. Cash No. 1 northern, $1.547-8 to $1.53 A May, $1.467-8; July, cents. Oats No. 3 white, 355-8 to 361-8. Barley, 45 to 57 cents, Rye, No. 2, $1.00 1-4 to $1.00 3-4. Plax No. 1, $2.55.1-2 to $2.64 1-2. -WANTED—Nurse girl. Apply Mrs. ‘ Hart, Beauty Parlor. Phone 896. X 2-21-3t. FOR RENT —Five-room modern house, 401 1st St. Call at Sweet Shop. Phose 27. 2-21-3t FOR RENT—Modern furnished room, 819 5th St. Phone 242-M. 2-21-3t FOR RENT—Furnished rooms in modern home. with board. Call 471 or 919 5th St. 2-21-1w FOR SALE—Cheap by owner; terms. Partly _mcdern house of seven rooms, including four bed rooms, full basement with heating plant; garage and chicken house, five extra choice building lots included, all in ‘dultivation, berry bushes and fruit trees, Property located off of pave- ment, four blocks from high school, YES = T WALKED UP AN’ RUNG TH DOORBELL AN SHE SAID ‘COME 1 RIGHT IN’! high-price records for the season. Pre- | F three blocks from grade school. Taxes light, might consider trade. good car and cash payments, or good farm land at right price. No, 348, care Tribune. 9-21-1w | LEGAL NOTICES | NOTICE OF nor OSURE ON REAL AT Notice is hereby given that that cer- tain mortgage made, executed and de- live by Henry Horne, unmarried, as mortgagor, to Baldwin State Bank, a corporation, of Baldwin, N. D,, mort- gagve, Gated the 27th day of Ap & and filed for record in the office the Register of Deeds of Burleigh County, Norih Dakota, on the 30th day of April, 1917, and recorded in Book 138 of Mort- jescribed, at the Burleigh marck, ND, , on March’ 4th, 1922, to amount due upon said mort- gage_on the day of sale. Default has occurred under the con- ditions of said mortgage as\mortgagor has failed and refused to pay-any part of: the principal or interest secured by the said mortgage as evidenced by one Promisfory note for $934.15 of even date due Dec, ist, 1917, and bearing interest at the rate of 10: per cent before and after maturity until paid; atid two in- teresc. installments of $136 due on a prior lien respéctively on Dec. 1st, 1919 and 1920, ‘siid interést installments béaring interest at 10 per cent from maturity thereof until paid, and which prior tiortgage interest the mortgage included with interest thereon as mort- ga front door of the Court House at o'clock P. satisty th ear r (NW 1-4) 0} (Sec, 24) of Township Fort; Sevent P.M. n Twenty-four One Hundred Twp 141) north. of Range ht (Rge 78) west of 5th urleigh County, North Dakota, and the amount due on the same on the day of e will be Seventeen Hundred One and 5-100ths Dollars ($1,701.0: BALDW ; ane BANK, a corporation, Mortgaj H. G. Higgins, x Attorney for Mortgagee. Baldw 4 '—7-14-21-28, CITATION. HEARING PETITION Fi Peay NEE OF ADMINISTRA: of ‘North Dakota, County of 8s, y_ Court, p before Hon, I, C. Davies. J ape n the matter ofgthe estate of Banks» Howie, decétsed. woe Agnes | Howie, petitioner, : vs. Annie Howie, e. ‘Mary Howle, Rob- Slingsby, special guardian, ‘re 3 The State of North Dakota. to the Above Named Respondents and All Persons Interested in the E e hereby noti- the petitioner court her peti- 's of administra- estate of Mary Banks he city of Regan, in the te at at the court room: the county court ho Bismarck, county of of North Dako' of this court, i nthe city of igh, and state ou, and each of you, are hereby cited to he and ‘appear before this court at said time and place. and answer said petition, and show cause, if any there be, why the prayer of said petition should not be granted By the Court: (Seal) I. C. DAVIES, Judge of the County Court. ated the 14th day of February, of the above ci be made by p it week for three s Bismarck Tribun nd by personal ser- vice upon all respondents over ten years of age dent in North Dakota and upon the special guardian of minor respon- dents, all not less than twenty days be- fore said hearing. (Seal) . I. C. DAVIES, Judge of the County Court. (2-14, 21, 28) SALE OF LAND Notice is hereby given. that under au- thority of an order of sale granted by the Honorable I. C, Davies, Judge of the County Court, of, the county of Burleigh. in the state of North Dakota, dated the 9th day of February, A. D. 1922. the undersigned, the administrator of the estate of Michael Reddy, late of the township of Christiana. in the county of Burleigh and state of North Dakota, de- ceased. will sell at private sale to the highest bidder, for cash, subject to existing toortgages and liens thereon, and subject to confirmation by the Judge of said County Court, the following described land, to-wit: The northwest quarter (N. W. 4) of section twenty-six (26) in township one hundred and forty (40) north, of range seventy-six (76) west of the Fifth Prin- cipal meridian in Burleigh county, North Dakot 4, The le will be made on or after the eleventh day of March, A. D. 1922. All bids must be in’ writing and may be left at the office of George M. Regis- ter in the Webb block in the city of Bis- marck, in_ Burleigh county, North Da- kota, ‘or filed with the Judge of said County Court, or delivered to the under- signed personal Dated February 14th. A. D, 1922, sDWARD M. KAFER, Administrator of the Estate of Michael Heddy, Deceased, Bismarck, North \ Dakota. (2-14, 21, 28)