The Bismarck Tribune Newspaper, February 25, 1922, Page 1

-GUMMER G ASKS TRUSTEE his action. The Weather FAIR AND WARMER THE BISMARCK TRIBUNE ‘Last Edition FORTIETH YEAR BISMARCK, NORTH DAKOTA, SATURDAY, FEBRUARY 25° PRICE FIVE CENTS BE NAMED FOR “LEMKE FUND? -\(torney General Johnson Would Have Treasurer Steen Control It ALLEGES FUND MISUSED Charges in Suit Begun Here that Portions of Fund Were Mis- applied by Lemke Charges that former Attorney Gen- ergl- William Lemke applied portions of the so-called “Lemke Fund” to “other purposes and other uses not in- tended by the donors, and to his own personal and private uses, purposes and ends,” and that the Fargo Courier- News “did not up to and including the 11th day of: February, 1921, deposit all the collections theretofore received by jt in the said Lemke Fund,” and that “the said Fred Wing (former business manager of the Courier-News), on in- formation and belief, as this plaintiff alleges, appropriated and converted to other uses and purposes than those intended by the donors,” are made by Attorney General Sveinbjorn Johny son in a suit filed in the Burleigh county district court today. . The attorney general asks the court to declare a trust. existed in the fund with the State of North Dakota as the beneficiary, and that the treasurer of the state be made custodian of the un- expended portion of the fund to be expended as provided in the trust. The attorney general alleges that there are several thousand dollars of unpaid bills, incurred by the former attorney general, which. should be paid, out of the “Lemke Fund” as di- rected by the donors. Mr. Johnson does not ask that he be given control of the fund, but sug- gests that: the state treasurer be named to execute the provisions of the trust. z The “Lemke Fund” controversy has been in progress for some time. The Courier-News has attacked the attor- ney general in the matter, and has de- clared a. fight would be made against Defendants Named __ The suit is brought against William Lemke, The Courier-News Publishing Company a corporation; F. W. Cathro, Fred Wing, and the State of North Dakota doing’ business as the Bank of North Dakota. \ The complaint sets out that the “Lemke Fund” was collected through the Courier-News for the purpose of; providing funds for Mr. Lemke to use| in prosecuting railroad rate cases, and that the purpose was so stated in the Courier-News when it appealed for funds. The appeal for funds is set out, with Lemke’s statement he could not otherwise fight the rate cases. The attorney general sets out that it is his information and belief that the contributions to the fund were not less than $14,000, and that up to and including Feb. 11, 1921, the Courier- News had deposted in the Bank of North Dakota the sum of $8,432.82 collected for the fund. A deposit slip was issued to William Lemke. The complaint charges that not all) money collected was deposited, and reads: 2 “That the said defendant, the Cour- ier-News, did not up to and including the 11th day of February, 1921, de- posit all the ‘collections theretofore received by it'in the said Lemke Fund for the purpose heretofore described; that the said defendant, the Courier- News Publishing Company, has at all times refused, neglected and wholly failed to account for any further re- ceipts for the said Lemke Fund donat- ed for the purposes herein set forth, although the said Courier-News Pub-; lishing Company, the defendant here- in, has received for said fund, andj for ‘the “purposes herein set’ forth, from’ various donors, citizens of ‘this| state, large sums” and ,“that the Courier-News has wholly failed, re- fused and neglected to turn over to the plaintiff, or the present attorney general” or to any other source the balance to be used for the purpose for which it was given. e Custody of Fund . The complaint charges that F. W.} Cathro, former director-general and manager of the Bank of North Da- kota, a short time after a deposit was made in the bank, “took personal) charge and custody of said trust fund, the exact amount being unknown to} this plaintiff, and the records relating} thereto, and that the said defendants herein last mentioned have at all times refused and neglected to ac- count for such portion taken” i The complaint charges that Fred! Wing “on information and belief, as this plaintiff alleges, appropriated and} converted to other uses than those intended by the donors ‘and contem-; plated by the trust as hereinbefore al- leged, a large portion of th2 said fund, and that the said Fred Wing has re- fused and neglected at all times to ac-} count for such money and such fund, and the portion thereof converted by him as hereinbefore alleged, to other uses and purposes than those intended by the trust, to-wit: to the uses and purposes of the defendant herein, the Courier-News Publishing Company, a corporation, of which said Fred Wing was manager at all times herein men- tioned.” Other Charges It is charged that “the defendants, William Lemke, F. W. Cathro, Fred Wing, and the Courier-News Publish- ing Company, have by common agree- ment, and by concerted action, fraudu- lently conspired together for the pur- pose of preventing a disclosure of the (Continued on Page 7) Washington, Feb. 25—Presi. dent Harding is ‘understood to have told Republican members of the house naval committee at a White House conference today that while he felt some reduction should be made in the naval per sonnel the total number of en- listed men ought not be be cut un- der 80,000, . The president also is said to have strongly urged legislation START ACTION AGAINST JUDGE Fourth Judicial District Institute Action * ACCUSE JUDGE ROBINSO. Supreme Court Takes ‘Petition Presented for Filing Under Advisement A complaint and petition, unprec dented in judicial history, was pre- ‘sented for filing in the supreme court today against Supreme Court Justice J. E. Robinson by members represent- HARDING URGES THAT PERSONNEL OF U.S. NAVY BE KEPT AT 80,000 OF HIGH COURT’ Members of Bar Association of| 4-POWER PACT ~ TS VOTED OUT for conversion of two battle cruis- ers into airplane carriers. While the question as to wheth- er the 540 members of the first year class at Anapolis, to be grad- _ uated in June, should be commis- sioned, was not considered in de- tail, it was stated that the Presi- dent advocated:a small reduction in the number of men to be ad- mitted to the academy each year in the future, Oppose Reservation on Pact Agreed Upon 2 TREATIES NOT OPPOSED |PASSENGERS WITHOUT FOOD Neenah, Wis. Feb, 25—(By wireless to the Associated Press) ‘lces-bound for two days on passen- ger trains stalled nine miles north of Neenah more than a No Dissenting Vote in Foreign Relations Committee on Naval Limitation Washingtod, (Heb. 25—The four- score of passengers reached this | power Pacific treaty tiogether with its town last night. They had been [supplements and a reservation on the practically, without food fer 48 !naval limitation and submarine treat- i : ies were ordered favorably reported by -the senate foreign relations com- ENACT ENT QB m= today. $ « i The reservation attached by the IN ) ) D B ] L L ] N committee to the four-power pact em- | tiodies the compromise suggested af- ter conferences with President Hard- an “alliance.” It was approved by a i B ten to three vote. ;Governor Also Points to Neces-; Also. by a division of ‘ten to three, . {with Senator Borah, Idaho, and John- sity of Immediate Emerg- | son, California, Republicans, and ency Stock Appropriation Shields, Democrat, Tennessee, voting in the negative, the four-power treaty ithen was ordered reported to\the sen- ate. | Early enactment of the $5,000,000 OF COMMITTEE Senators Borah and Johnson i { ‘ing and declares that nothing in the y i | treaty shall be construed as forming i ! pill to provide loans for seed and feed} The vote by which the naval limita- ing the Fourth Judicial Bar associa-| is urged by Governor R. A. ‘Nestos in tion. ‘ ‘ 4 ‘telegrams to ‘the three North Dakota Phe lawyers complain of actions of| representatives in'the lower house of jtion and submarine treaties were fa- vorably reported, was unanimous, Judge Robinson alleging he had adopted an unseemly attitude toward representatives. of . the bar _ be, fore the court, had published judicial decisions in advance and that he had used objectionable language. The lawyers ask other members of tho court to restrain ‘him. When the petition was presented for filing in supreme court it was tak- ec, who because 45 A. M., decided it was then about 11: this afternoon. pected to decide whether it would en- tertain the petition. Prayer of Petition, The prayer of the petition asks: 1, That the court. should take judi- cial notice of all the charges and spec ificatons brought aganst the defend- ant, 3 1 2. That the court appoint a day and hour when the respondent “should be ordered to show cause before it why the prayer of the plaintiffs shall not be granted and that upon said hear- ing this court order that hereafter the respondent be restrained perpet- ually and as long as he is a member of this court from any further acts or utterances enumerated in the plain- tiff’s complaint.” 3. That he “conduct himself in a proper and dignified manner while in the court room and in conformity with the usual rules and practices of} the court. : 4. That he “refrain from further comment either on or off the bench regarding litigated cases before the court and that he desist from writing or publishing any articles or com-| ments thereon.” H 5. That hee“refrain at all times Congress. . The bill, introducd by Sen- Lg i |ater McCumber,, was, passed by the} A AX I | senate yesterday and now goes to the, {house for consideration. 2 - | The Governor in his message yes- REJECTED FOR | terday said that enactment of the seed d feed loan ‘bill is extremely urgent for the relief of farmers, particularly jin the western part of the state, and | that the $1,000,000 emergency appro- :priation for livestock as provided in ‘the $5,000,000 tbill, is necessary in or- \ to take the matter up in conference| der to save many head of stock. De- | Question is’ Again Before Mem-; The court was ex-; lay means great losses, the Governor said. bers of Entire House Governor Nestos also telegraphed C. T. Jaffray, of Minneapolis, repre- Committee sentative of the War Finance, Corpor- — i ation, who went to Washington to dis-| Washington, Feb. 25.— Failure of cuss means ‘by which ‘that body would | the. special sub-committee, of the Re- aid~ in relieving the situation, and ;publican*members' of the ‘house ways gave him assurance that the county and means committee to approve any commissioners and other officials will, provisions for financing the soldiers’ cooperate to see that any federal mon-'bohusi after rejecting the sales tax! ey made available is applied where/ proposal by a vote of 7 to 2 had placed it will do the most good. Datta desired | the question again today in the hands by Jaffray was dispatched. jof the entire majority membership of | the committee for.further study of EMBEZZLEMENT provision for raising the revenue. The majority members of the com- mittee will not meet again until next {berg and William Fine, both of St. |was understood to have gone on rec- St. Paul Man Charged with Tak- ord yesterday, 5 to 4, in favor of re- porting out a bonus bill without any ing McClusky Creamery Funds ; St. Paul, Feb, 25—Henry L. Gold-! Paul, were arrested last night on war- Thursday, having adjourned yester- day after receiving the report of, the sub-committee, to permit study of the whole question. ; The sentiment of the majority |members was said by some to favor ratification ‘of the sub-committee, barring unforeseen developments be- fore Tuesday. PROBING ROMA. DISASTER ‘Major General Mason M. (Patrick, chief of the army air service, left Washington in an airplane for Nor- folk immediately after the Roma dis- ster, He will conduct an investiga- tion of the cause of the crash. MRS, SLATTERY PIONEER HERE, Resident of City for Half Cen- tury Passes Away After Long Iliness SAW MANY CHANGES HERE| ‘Mrs. M. P. Slattery. for half a cen- \tury a resident of Bismarck, passed | away last evening at 7:50 at her) home, 522 Second street. While her} illness was of long duration, her death ; comes as a shock to the community. | Mrs, Slattery during her long life in the city was beloved by all who; kenw her and will be mourned by a host of friends and neighbors. Her and ‘love, “Fach.day. saw some kindly deed done to some one in sorrow or distress. All during her suffering she was cheerful and patient and always had a pleasant greeting for all who called, also showing unequal consideration {for those about her. Mrs. ‘Slattery was born in 1850 in Cottersburg, Pa. She was the widow of the late M. P. Slattery, and came to Bismarck in 1873. s Many changes have taken place dur- ing her residen¢e here and she had seen the little fronticr villago of Bismarck grow to a prosperous city. iLike other pioneers she helped build the structure of community life. Her noighborliness extended over the .en- tire town and Mrs. Slattery’s kindness and charity were known to all in that earlier day when we were more de- pendent upon one another. Those surviving are Daniel M. Slat- tery, Mrs. Marie de Zychluiski, :-Fan- ny Slattery, Ann Slattery; eleven grand children, and several brothers and sisters. Judge Cooley Tells Jury it to be Sentenced to Life Bismarck. Valley City, Feb. 25.— Af degree in connection with the Brown, arraigned before a UILTY; BROWN HELD JURY TAKES BU T ONE BALLOT IN FINDING GUMMER TO BE GUILTY OF SLAYING 18-YEAR-OLD MARIE WICK is “Righteous” Verdict — Andy Brown, Gummer’s Roommate, is Arrested on Same Charge Following Reading of Verdict in Gummer’s Case—Gummer Imprisonment in Penitentiary at ter the conviction at 12:40 a. m. today of William Gummer on the charge of murder in the first slaying of Miss Marie Wick, at Fargo, June 7, last, Andy Brown, Gummer’s roommate, was ar- rested on a charge of first degree murder. justice this morning, asked time in which to cosult an attorney and his hearing was fixed for 10 a.m. Tuesday. Brown was remanded to the custody of the sheriff without bail. : Gummer, declared guilty by the jury that was out from 5:20 p. m. to 12:40 a. m. today, will be sentenced by Judge Charles M. Cooley, to life imprisonment in the state penitentiary, that being the maximum penalty imposéd in this state. i Judge Cooley, thanking the jury for its service, congratulated the’members on returning what he termed a “rightous” verdict. Brown Gummer’s Pal Brown, held as a witness since Sept. 24 last, was in the Fargo hotel of which Gummer was night clerk, when Miss Wick, i18, of Grygla, Minn., was chocked, gagged, tied to a bed, assault- led and afterwards beaten to death with a fire hose nozzle, was itaken to Fargo early today and placed in the Fargo jail. Gummer showed absolutely no emotion as the verdict was read by Judge Cooley and he left the courtroom with a smile. PASSES AWAY was asleep. SLOPE FAIR 10 BE INCREASED 10 FOUR DAYS Officers are Selected at Annual Meeting Held in Mandan Last Night The annual Missouri Slope fair wilt life was a beautiful one of service) be increased from a three-day toa four-! jay exposition and’ program. and wili/Te2¢ in court. be held Monday to Thursday, inclu- sive, Aug. 28-31, according to:a de- cision reached by the board of direc- tors last night in Mandan. John Dawson, of Strain, was re- elected president; Dr. A. O. Hender- son, Mandan, vice president, and J. I. Rovig, of Mandan, as secretary. They adopted a resolution provid- ing for a lease of the grounds to any organization, association, or persons desiring the same on a basis of 10 per cent of the gate receipts. This is especially aimed to provide for the} leasing of the stock sales building and ring for use as a boxing arena. Several additions, including new wash- rooms, etc. hospital quarters and nurses headquarters will be built. WON'T PROBE [ mittea to vote in Norway. hereafter from using any abusive, discourteous or improper | GIUSKY gieamery company of Mc- ’ dence SoUnsel ener ee __ Fine is charged with misappropriat- ui by 6. That he hereafter “conduct him-| 2. $7,186 and Goldberg $4,382. self in conformity with the usual! onterin, . ; i g of judgment of the men b precneee of judges holding a like Po-) Judge J. C. Michael in district pare aa z |a week ago in a suit by which: the 7. That the court “hereafter €X-' creamery company demanded an ac- pinge from its recérds all its inde-| counting for money. cent, improper, abusive, vile or ob- jectionable language or utterances | Tas which the respondent may use in his; opinions and penpetually restrain | him from writing, publishing, uttering | ~ or promulgating the same either by writing, printing or word of mouth.” (Continued on Page 3) é FLEECED WOMEN 22 touber: and others sei Big Truck and Car Through } | A road to Mandan was opened ‘yes- terday afternoon through the enter- prise of 'R. B, Loubek, of ‘Bismarck, Glen Lonie and Honus Wetzstein, of New York, Feb. 25.—Further dis- closures conc2rning the “Domino Club” pool into which Alfred E. Lindsay, broker, is alleged to have induced a|-Mandan, and others. score of men ito pour their gold, in-| A big fiour-whe2l drive Winther dicated that women’s losses wonld | truck, provided by the R. B. Loubek pass $1,000,000, it was said at the dis- Motor company, was sent through to trict attorney's office. break the road from Mandan _ here, Search for the broker is being con-; With Glen Lonie at the wheel. The ducted in Canada. {truck plowed through the snow, run- ing through drifts which were fivo s jfeet deep in places, and scattering | snow in all directions in the long pull 5 over the road. Mr. ‘Loubek then ;drov2 an ‘Essex touring car over the i jzoad, also plowing through heavy |drifts, . After the truck and touring 5 jcar broke the road, other vehicles fiol- ps. F Ena, ‘ Rae ond the road was passable to- Bologne, France, Feb. 25.—Premie:|44y. TaN Poincare and Premier Lloyd George}, ae wae e Bie TODS break the: road; of Great Britain were to meet this) 270 She wishea ne Raat DeTsOUg: afternoon for their first interview on/ Rand Nore tharstby EP ecoulls an: OF the subject of the coming internation-} The penitentiary road also tw oger al economic and financial conference.| warden Stair put a big grader now. The conference wiil begin at 3 P. M1.’ with ten horses pulling it, on the road Genoa is receiving less and less men-| immediately after the big snow. He tion as the site for the international) aiso ‘opened up Sixth and Seventh conference and the impression is gai-| streets to the capitol with the peni- ing ground that the premiers may de-'tentiary outfit. Prisoners shoveled pide it is inadvisable to hold a meet-| snow off the walks to the capitol. ing in Italy. fet TEE a ek Swedish mothers put money into their children’s first bath to bring fu- ture wealth, Unvaccinated persons are not per- Filing of the complaint followed | rants charging each with embezzle-! insulting, | ment of money belonging to the ¥¢ GRIFFITH GOES | .D. f 77 | 10 LONDON London, Feb. 25—Arthur Griffith and other prominent members of the South Ireland provisional government were here today to discuss with -ne | British cabinet the recent agre2ment reached by the Sinn Fein national convéntion in Dublin to postpone ihe election of a parliament for the Irish frée state. : TRIED BLACKMAIL IS CHARGE MADE Washington, Feb. 25—George E. Long, veteran clerk in the war depart- ment, and according to the police qun- fessed author of the blackmail letters demanding large sums of money re- cently received by Henry White, for- mer ambassador ‘fo France, and sev- eral women prominent in Washington society, was ministering to the needs of a seriously ill wife today, postpon- ing action in the case. | | i — | eviews 7 hae DE | Today’s Weather | ———_—<_—_———_——_* For 24 hours ending at noon, Feb- ruary 24: Temperature at 7 a. m.. Highest yesterday . Lowest yesterday Lowest last night . Precipitation ... Highest wind velocity .. Forecast. For Bismarck’ and Vicinity — Fair tonight and Sunday; not much change in temperature. % For North Dakota — Fair tonight and Sunday; not so ‘cold tonight in: extreme southeast and extreme west portions. . Weather Conditions High pressure persists over the north-central states and temperatures remain below zero over Montana. the Dakotas and Minnesota, but readings are somewhat higher than those of Friday morning. Fair weather is now general in 211 sections reporting. ORRIS W. ROBERTS, | Meteorologist. Mrs, Slattery was a member of St. ‘Mary's Pro-Cathedral and funeral ser- vices will be held from the church at i |, Buffalo, Minn., Feb. 25—Stephen A Johnson, county attorney of Wright} county, said this morning that he had} no information which would lead him to call for an inquest into the Great (Northern wreck near Delano in which five were killed Thursday. “So far as I know ‘there is no in- The Fourth’ District Bar Associa-| {ication of criminal negligence,” Mr tion, in meeting here, recommended jpersonal investigation of the case and District Judge W. L. Nuessle, of Bis-|haye not thought of making it.” marck, A. G. Burr, of Rugby and D. B. —— NO STATE ACTION Holt, of, Fargo, for the supreme bench of the state. The action, it} St. Paul, Feb. 25—Attorney-General was said, was not intended to limit|Clifford L. ‘Hilton today said he will the lawyers in the association to three; take no action regarding the wreck men who might possibly .be candi-|of the Great Northern Railway near dates, but to place the association's ‘Waverly unless the railroad and ware- O. K. on names which were suggested {house commission request him to do in the meeting. . 80. . About 40 lawyers of Bismarck, Pees Ttaaat date ears green MANDAN VICTOR ‘the a OVER JAMESTOWN at the meeting. Mandan high school’s basket ball Poe i BLUEBEARD" I PUT 10 DEATH Versailles, France, Feb, 25,— Henri Desire, Landru, “Bluebeard” of Gambuais, convicted of the mur- der of ten women and one youth, gave his life this morning in ex- change for the 11 he had taken, The guillotine fell at 6:05 o'clock, twenty-five minutes after the time originally set for the execu- tion, the delay causing many of the people to express the erron- eous opinion that Landru had cop- Judge “Nuessle of This City Urged by Lawyers Youth Admits Slaying While Being Brought Back Milwaukze, Wis., Feb. 2%—Freder- ick L. McBridge confessed this mort- ing on a train speeding from Akron, O., where he was arrested Thursday, that he killed Edwin Thielen, of Ra- cine, Wis. his 24-year-old chum, on the afternoon of Nov. 20, according to Jefferson county officlals who today returned with the prisoner. According to the alleged confes- sion Thielen was slain as he was driving his car along the country road near East Troy where McBridge’s fiance lived. The confession, it is al- Twenty minutes, later Sheriff Larson said the convicted man Neither of Gummer'’s parents .were in the court room when the verdict that condemned their son to Jife im: prisonment was reported. Es | They had attended all sessions: the trial. i It is understood the jury yoted - ‘first on a verdict of guilty, with The second ballot was on the — degree and the result was unanl-” /MOUs. a A “clincher” ballot was taken i; and less than an hour dfter the jury had retired the result had been established, Il Appeal. Case. The jury, howevey, remained’ out until 12:30 A. M. before advising bail- iffs it was ready to report. Ten minutes later the verdict was Judge Cooley refused to grant a motion, of the counsel for the defense for a stay of sentence pending ap- peal, allowing ‘only the statutory period of two days. W. H. Barnett, chief counsel for Gummer, said the case would go to the supreme court. W. C. Green, state’s attorney of Cass county, prosecutor of the case, declared his complete satisfaction at | the verdict. “T have always felt that we had the right man and the fact that the jury agreed so early in its deliberations is doubly pleasing,” he said. The slaying of Marie Wick at a potel in Fargo in June, 1921, for which William Gummer, the hotel clerk, was held, ¢reated a sensation in the north- west and city and county officials characterized the crime as one of the most brutal ever committed in this section. The body of Miss Wick, who was 18 years old, | 30 of the Prescott Hotel about 7 a. m. June 7, after she had registered at the hotel the previous night... She was on her way to Pettibone, N. D., from her home in Grygla, Minn., to spend a va- cation’ with an aunt, and had stopped in Fargo to make train connections. Gagged with parts of the bed cloth- ing and trussed to the bed with blood- soaked pillow cases, investigation showed that the girl had been attacked before being beaten to death with the nozzle of a fire hose. She had veer dead from four to six hours, according ¢o Dr. P. H. Burton, county physician, who made the examination. ‘No Clues Left Authorties immediately plunged {::- to the work of attempting to find the slayer who apparently left no clues, and after eight days of investigation | ‘was found in room No. charge of murder in the first degree on complaint of William Green, state’s attorney for Cass county. Gummer, who is 23 years old and the son of a farmer living near May- ville, N. D., strongly maintained his innocence, but after the state at a preliminary hearing had submitted what it termed ‘incrinfinating evi- dence,” he was ordered bound over to the Cass ccunty district court for, trial in November. ‘When his case came up at the No- vember term of county court, Gummer, through his attorneys, asked for a change of venue, claiming that preju- dice was so great in Fargo tHat se- lection of an impartial jury would be virtually impossible. He was granted the change by Judge C, N. Cooley of the county district court and the case ordered trarjsferred to the Barnes county district court at Valley City | to be heard during the January term. The case was expected to be the first heard from the Barnes county docket early in January. Preliminary June 29. The hotel clerk’s preliminary hear- ing began Juve 29, after having been postponed from June 21 at the ree quest of the state, and ended after four days when he was ordered bound over for trial vefore a coroner's. verdict was returned holding him responsible for the slain girl’s death. The verdict reached by the coron- er’s jury, withheld until after the pre- leged, was made in <he presence of of- ficlals and a newspaper man, fessed. (Continued on Page 3) unanimous ballot. y Gummer was arrested June 15 on a °