The Bismarck Tribune Newspaper, May 22, 1922, Page 1

The Weather’ FAIR FORTIETH YEAR 100 DIE IN STEAMSHIP WR WAR DEPARTMENT ADVISES THAT IT INTENDS TO RE-GARRISON FORT LINCOLN IN NEAR FUTURE PUBLIC CLAMOR HAS NO EFFECT IN U. §. COURT Federal Judge Miller States Po- sition of Court in Comment- ing on Statement Use of Fort For Hospital Purpo: War Department Announce: LIQUOR PENALTIES HEAVY Violator of Dry Law Draws $10,- 000 Fine and Penalties for BISMARCK, Last Edition NORTH DAKOTA, MONDAY, MAY 22, 1922 PRICE FIVE CENTS se Under New Veterans’ Plan Is Being Considered by United States Veterans Bureau, But s its Intention to Use the Post Here for Regular Army Purposes The War Department has advised C. R. Forbes, director of the United States Veterans Bureau, that the department antici- pates garrisoning Fort Lincoln here in the near future. This announcement was made by Director Forbes in a com- Having Liquor Fargo, Ns D. May 22.—District Attorney M. A. Hildreth, stating in federal court here that there had been criticism directed against both him and the court for not being more se- vere in liquor cases, was informed by Federal Judge Andrew Miller that he was quite aware that the district ‘attorney had been diligent in the prosecution of liquor cases and that any clamor concerning the court was a waste of breath on the part of those engaged in it. “This court will continue in each case to dispense justice as this court understands it and interprets the law, with entire indifference to criticism from any class of people, any organi- zation or anyone else,” said Judge Miller. “This is a court where clam- or does not interfere with or influ- ence its decisions.” Small Fine, Heavy Penalties During the afternoon federal offi- showing that a small.fine in federal court is in reality many times as severe as a conviction for violation of the liquor cials made public figures laws in a state court. A typical case given follows: John by federal agents jn January. He had 1 1-4 gallons of liquor in his possession. He was fined Doe was arrested $100 by a federal judge. Immediately the prohibition direct- or’s office filed the claim against. htm: manufacturers’ Bureau, climate, size, character and elevation of the Fort Lincoln reservation, num- capacity and state of repair of roads, walks, water and sewerage system, was examined, munication to Senator McCumber in reply to a communication of the Senator concerning the availability of the post for War ore ener ae BURCH JURY Is DISCHARGED IN MURDER TRIAL purposes that it will be used ag a Report Inability to Agree on part of a hospital for the Veterans’ In a communication to Sen- Guilt or Innocence of Accused: Man ator McCumber, Director Forbes said: “The Bureau hag long been cogni- zant of the fact that most permanent army posts, suitably located, can be satisfactorily and economica)ly con- | verted into hospitals. With this end in view, the data on hand in the quartermaster generai’s office, as to ber, kind and condition of buildings, OUT SINCE SATURDAY “As this information is on record in following tax that office, a written report was not made, neither has the property been physically examined by a representa-| tive of the central office. Finally the war department has advised this Bu-/ reau that they anticipate garrisoning the post in the near future.” Hospital Use Forecast. A recent dispatch to a Twin City paper from ‘Washington said there was a likelihood that Furt Lincoln would be used as one of the 12 new hospitals proposed by the Veterans’ Bureau. If such use were made it would be nec- buildings, but penalty, $1,000; failure to have re- tail liquor permit, $500; special tax for six months from January 1 to June 30 (June is taken as the first month of the year) $1,000; and stamp tax of 1 1-4 gallons at $12.80 a gallon, $16é—making the total tax judgment. against him. $2,516. 5 To this! was pases $629, which Nie ~25 percent e judgment, was add=}- ‘ ed ie it ae not paid within ten days | ernment again soon if the war eon after it was served on-the defendant. | ment did not carry out its garrisoning An extreme casecited is that of a! plan. defendant who had 500 gallons of Tee ROE liquor in. his possession. The 200 KALLS FROM i NP. BRIDGE tax on this amount totalled $6,400. Other penalties brought the judgment; E. G. Rickel Is Severely Injured in Accident essary to crect some new the present buildings could be utilized | for residence and general purposes, and some of them remodeled into hospital units. Senator McCumber said in a letter that he would take-up further the mat-; ter of economically utilizing Fort Lin-j colm’ to, the best: interests; of the gov, up to $10,000. . District Attorney Hildreth moved for the dismissal of several liquor ,eases. He read a telegram from the Attorney-General stating that he should use his own judgment in dis- missing such cases where evidence did not warrant conviction. Mr. Hil- dreth said prohibitionists were criti- cising him for not being more severe in prosecutions. Judge Miller’s Remarks Judge Miller, in his remarks, de- clared that he knew the district attor- ney had been diligent in this regard, but called attention to the fact that most of the cases brought in federal court were for manufacture of home- brew and not for liquor running from Canada or for wholesale disposal of liquor. “The court,” he said, “is amazed at the statements of the district attor- ney. I have known you for a good many years. I have sometimes thought; ithat you prosecuted with more indus- try in some cases than was required, ‘put that you ever failed or lacked in- dustry in prosecuting, and particu- larly with reference to prohibition cases, is an amazing statement to me. You have brought some two hundred and more cases before me in the short time that I have been on the bench. Most of these cases, yes, I may say ninety per cent or more, were cases of minor importance, cases where the violations which you charged were merely that some person had brewed, or in most instances had attempted to brew but had not yet finished it something for his own use in his own home, without any charge of engag- ing in the traffic, transportation or sale. E. G. Rickel, partner in the Grand Pacific billiard parlors, is confined to his home on Mandan avenue today suffering from painful injuries about the shoulder and head as the result of a fall Saturday night. Mr. Rickel was in Mandan and when he desired to come home the ferry was not running. He telephoned for a ismarck taxi to meet him at the bridge, and took a Mandan taxi to the bridge. He walked across the railroad bridge. The headlight of the taxi was shedding light in such a way that Mr. Rickel thought he had reached at the end of the bridge. He stepped off to one side, but stepped into space. He fell about 12 feet. He landed on” a ledge. Had he rolled three feet farth- er he would have fallen 30 or 40 feet more, Mr. Rickel fell on his shoulder and head and was severely shaken up. BURLEIGH C0. ARES WELL Burleigh county has obtained 283 seed loans from the government fund totalling close to $30,000, according to tabulations made by John de Jong, former county agent. Only three oth- er counties in North Dakota, Mon- tana or South Dakota obtained more loans than Burleigh county. They are Slope, Hettinger and Bottineau counties. ‘While the period for making loans has closed, there are a few straggling loans still being made. ANDREW BOUGAS LEAVES ON 5 MONTHS’ TRIP {Andrew Bougas, proprietor of the sugges-| Van Horn cafe, will jeave tonight on made. five-months trip to Greece, to visit of the court, dismiss that from your ,his mother, Mr. Bougas has not seen his mind and do not let that worry you,| mother for twenty years. He will sail Mr. District Attorney. This court will] from New York on May 31 on. the continue to in each case dispense jus-| steamship Canada, which goes direct- tice as this court understands it and|jy to athens. , He will then proceed to interprets the law, with entire in-| warathon, the home of his mother. difference to criticism from any class of people, any organization, or any- OFFER TO BUY PLANT OF U.S. one else. This is a court where public ‘Washington, May 22.—(By the A. P.) clamor doesn’t interfere with or in- fluence its decisions, and your motion —An offer of $2,500,000 for the Gorgas power plant, the government interest Amazing Statement “In some of those cases the sur- rounding circumstances were such that I thought the District Attorney would well have been warranted in not bringing the cases before me. But that anyone or any class of per- sons should charge you as the district attorney with failure to prosecute is an amazing statement. I understand that you are shortly to address a body of people, whose first and atest ambition is to enforce the prohibition Jaw, and if you will make the state- ment to them that you have made to this court I am sure there will be no suspicion resting on you with refer- ence to the prohibition law. “With reference to your tion that criticism has been to dismiss iwll be granted, because I know that when you move to dis- miss a case, and particularly a pro- hibition case, you haven’t any case.” What Dry Law Does ‘Against those who are apprehended for manufacturing liquor or possess- (Continued on Page 4) line from Gorgas to Muscle Shoals, Alabama, had been made to Secretary Weeks by the Alabama Power Co, erly: Aug. in the railroad and the transmission | ‘Los Angeles, May 22.—The jury in the trial of Arthur C. Burch for the murder of J. Belton Kennedy was discharged by Judge Sidney Reeves {today after reporting it was impos- sible to agree on a verdict. Delibera- tions began Saturday afternoor. Jurors said that the final ballot was 7 to 5 for acquittal. This division was unchanged since Saturday when the first baliot, of 6 to 6 was changed bp one: more jurar swinging to ac- quittal. The four women of the jury woted for acquittal. ‘The case was placed on the calon- dar for next Satruday to be set for a third trial, Arthur C, Burch was jointly indict- ed with Mrs. Madalynne Ober:chain, both being charged with the murder ‘of J. Belton Kennedy, local broker, at.Kennedy’s summer cottage at Bo' Glen; near here the night-cf last. Separate trials were granted and Burch now having been tried twice and Mrs. Obenchain once, each jury disagreeing. The prosecution’s theory was that Burch, being infatuated with Mrs. Ob- enchain, a former college acquaint- anc2, shot Kennedy at her instigation, after ‘Kennedy, with whom she was in love, had refused to marry her. The evidence showed that on July 17 Mrs. Obenchain _ telegraphed to Burch, who was in (Evanston, Ill., to com2 to ‘Los Angeles, the telegram saying, “I need you and the friend Thad last summer.” Burch arrived here July 23 bringing with him a shot gun case, according to the tes- timony. The prosecution claimed that the gun was the “friend” re- ferred to in the telegram. ‘ Took Room In Hotel (Burch took a room in a hotel com- manding a view of Kennedy's office and: watched the office windows for long p2riods, according to hotel em- pioyees. According.to the testimony he also rented.,an,automobile under an assumed name ‘and took extended trips. Mrs, Obenchain and Kennedy went driving the night of August 5, and about nine o’clock stopped at Ken- nvly’s summer cottage in Beverly Glen; “As Kennedy was mounting a flight jof steps in front of the cot- tage, itwo, shotgun shots were fired. One struck Kennedy, and medical testimony showed that death was in- stantaneguy.'"*! HOus Mrs. Obenchain: testified at her trial that she saw two roughly dressed men disappear in the bush fnom which the shots were fired, and that Kennedy called “Goodnight, Mazzlyn” to her after the first shot, A woman living near the Kennedy cottage tes- tified that after the second shot was fired, she heard a man say, “I've got him,” and the mingled voices of a man and woman in conversation she could not distinguish. On that night, it developed, Burch was out in a rented automobile and testimony showed that a side road in the glen bore tire tracks similar to imprints which would have been left by the tires on Burch’s car. Started for Chicago Burch started for Chicago the next day, but was arrested at Las Vegas, Nev., He was first placed on trial Nov. 22, making a plea of insanity. On January 16 the jury was discharged | after deliberating three days with- ut reaching verdict, the final bal-| lot showing 10 to 2 for conviction. (Mrs. Obenchain’s trial commence: | January ‘6, and she took the witness | stand in her own defense. Becoming; deadlock on a vote of 9 to 3 for con- | viction, the jury was discharged Mar. | 19, Her second trial is scheduled to begin June 3. TOWNLEY AND CATHRO NAMED League and Former Bank Chief Included Redeposits of Money of Bank o! N. D. in Fargo Bank Basis Of Charge TWELVE NAMES ANNOUNCED The names of 12 of the 13 per- sons ,indicted by the Cass county gand jury in connection with the Scandinavian-Ameérican bank case had been announced today. They include: William Lemke, Lars Christianson, P. R. Sherman, N. G. Eggen, J. J. Hastings, A, C. Townley, L. P. McAneney, H. A. Paddock, F, W. Cathro, H. D, Ellis, H. J. Hagen and George Totten, . Jr. a charge of embezzlement separate from the bank matters. Fargo, May. 22—A. C.. Townley, former president of the National Non- yartisan league, gave bond of $12,000 in Cass county district court today in connection wish dix against him returned by the recent srand jury which investigated affairs of the defunct Scandinavian-Ameri- 2an bank of Fargo. (Five of the indictments charge em- bezzlement in connection with money jransfers bptween the Fargo bank and the Bank of North Dakota, The »ther indictment alleges false: entries in relation to the Fargo institution nd the Consumers United Stores. H. A. Paddock, former secretary of ‘he North Dakota industrial commis- sion, gave bond of $2,000 in connec- ‘on with-one indictment charging false entries. This also deals with relations: between the Scandinavian- American Bank and the Consumers Tnited Stores. Others Indicted Cass county cialsmade. indict- nents regarding three:othor men as ‘ollows: F, ‘Wi Cathro, Bottineau, former d@i-}: ector-general ofthe Bank of «North Jakota, .chargedisin,,diveindictments { vith embezzlement. of public ‘funds 1 connection with the relation be- ‘ween the Scandinavian-American bank and the state institution and in one indictment of aiding and: abetting the making of false reports to the state examiner. He has been notified, it was announced, and will. appear voluntarily, - iH, J. Hagen, former president of the Scandinavian-American bank, named in six indictments charging acceptance of deposits when bank was known to be insolvent; in five charging embezzlement of pub- lic funds from the Bank of North Da- kota; in three charging of making false etrics in connection of loans to the Consumers United Stores; in four other false entry indictments and in four charging making of false reports to the state bank examiner. 'McAneney Charge (H. D. Ellis, former cashier of the Peoples State Bank of Casselton, charged in one indictment with mak- ing false entries in connection of fi- nancing of capital stock increase of the Scandinavian-American Bank. Indictment of Loujs P. McAneney, former director of the credits depart- ment of the Bank of North Dakota. was announced Saturday afternoon. Mr. McAneney now holds an import- ant position with the War Finance Corporation in Washington, He had returned to North Dakota to Inok after farming interests and heard that he was indicted. He visited Bismarck Sunday before returning to Washing- ton. He gave bond. Basis of Charges. Six of the defendants are named in the group of five indictments involy- ing the alleged transfer of money from dinavian-American bank of Fargo. Three of these indictments charge embezzlement of approximately $21¢,- 000, while the other two charge the embezzlement of. $3,000 each. The Messrs. Cathro, McAneney, Townley, Eggen and Hagen, It is charged that the $216,000 was transferred from the Bank of North Dakota to the Scandinavian-American Lemke, Jan, 31, 1921. Covers Redeposits. * It covers redeposits and loans made Lby the state bank and to the Fargo bank and the grand jury took the po sition that this money was transfer named in the indictments. _ The two charges of embezzling $3000 of that amount Feb, 14, 1921, that be- ing bank examiner. GLEN ULLIN BOY DROWNS Glen Ullin, N. D., May 22.—Joseph, 44, son of Stephen Baumstark, barber at Glen Ullin was one of four boys who rocked a boat on the Norther Pacific reservoir at Glen Ulin yester- day. Young Baumstark was drowned ed to save him was neafly drowned. ‘North Dako! capital stoc! \navian-American bank and on | deal charges of making false represen. k increase of the Scandi. \tation to the state banking department ‘have been returned involves six of the accused men. Indictments Made | ublic as follows: 1 Pp Sixteen indictments charge accept: and another of the Jads who attempt-lance of funds in the Scandinavian- (Continued on Page 3) IN INDICTMENTS Fomer Head of Nonpartisan; ALL BUT ONE NAMED indictments the the Bank of North Dakota to the Scan- charges of embezzlement run against bank from the date of actual opening of the Bank of North Dakota down to red for the private benefit of persons each, covers the transfer of two items the date on which the Scandina- |-vian-American bank was closed by the The transaction by which it is charged that funds of the Bank of ta were used to finance a which Tm cases announced 34 of the 35 ‘indictments returned have been made f est picture of Princess Any atasiawho is coming r Sistia: this sean rae ment for the Greeks. was merly Mrs, Wm. B. et Re CALLS CABINET OF ULSTER FOR SWIFT ACTION Slaying of Parliament Member Rouses Country; Confer- ences Called i i i END 14 ARE KILLED. Belfast May 22.—The most dis- quieting feature of Sunday’s dig- order in Belfast was the shifting of the center of trouble to the east end section, where there is a large Partisan population and a small compact Sinn Fein community liv- ing. Three men were killed in the violent rioting there, bringing the acral deaths over the week-end to * Belfast, May 22 The killing today of W. J. Twaddell, a meniber of the Ulster, parliament, who was fatally shot while on his way to business, caused the issuance of 2 manifesto by Sir James Craig, the premier, announcing a special’ meet- ing of the cabinet and legal. authori- ties, He declared “just retribution” was called for. Mr, Twaddcll, passing through. Gar-| field street, was near his place of| business when two men approached} and fired seven shots at him from a range of two yards, all the bullets tak ing effect. 14 WEEK TOLL ASK CONFERENCE, London, May 22.—(By the A. 'P.)—| The British government hag invited| the Irish signatories to the Anglo-; Irish treaty to come to London and discuss with the British signatories! the agrements signed Saturday be-) tween representatives of the, provi-| ‘sional government and the followers! of Eamonn DeValera, it was announc- ed in the housé'this afternoon by Win. ston Churchill'"‘seéretary of the col-; onies, ; ie U.S. MINISTER STOPS REVOLT ft Mentions the Marines to Nicara-) ugans and it Ends Menagua, Nicaraugua, May 22.—(By the A.'P:)—A revolutionary movement | broke out here today against President} Diego, a band of rebels seizing Fort. ress Loma, commanding this city. Up- on representation from the American Minister, John E. Ramer, however, the revolutionists later agreed to turn over the fort to the commander of the American marines at 10 o'clock to- night and to be given back to the gov-; ernment, { The American minister said that 1f| Campo de Marte where the American) marines are situated or the city were} fired upon the fire would be returned by the marines. HALF INCH RAIN IN 42 MINUTES A.cjoudburst drenched Bismarck this afternoon. The weather bureau reported that .56 of an inch fell in 12 minutes a record for the year. The rain was accompanied by some light- ning and thunder,” DECLINE TO ACCEPT NOTE Washington, May —The Chilean delegs ington conference today declined to act as an intermediatory for receiving on behalf of the Chilean government the note in which Bolivia asks for a seat in the conference. It was indi- cated that a similar reply would be made by the Peruvian delegation. TWO AMERICAN MISSIONARIES ARE AMONG THOSE DROWNED WHEN TWO STEAMERS COLLIDE IN ATLANTIC Possible That Some of Passengers Reported Missing May Have Been Picked Up By Steamers Rushing to the Scene—Steamer Seine Crashed Into Steamer Egypt During Fog Off the Island Of Ushant and Egypt Soon Goes to the Bottom of the Ocean Brest, France, May 22.—(By the Associated Press.)—Mrs. M. L. Sibley and Miss V. M. Boyer, American aisles on their way to India, were said today by R. F. Bevan, the only other American passengers, to have been drowned in the wreck of the British steamship Egypt, which was sunk off the island of Ushant, Saturday night by a collision with the French steamer Seine. Nearly 100 other passengers lost their lives in the disaster. It is possible that some of the missing may have been picked up by the steamship Cap Iracon in addition to those brought here by the Seine. The Cap Iracon was nine miles from the scene and replied to the distress: signals with the assurance that she was speeding to the spot. According to the Egypt’s purser the ship floated only about 20 minutes after her plates were crushed in by the Seine. _ The Egypt, he declares, was not moving at the time of the accident, lying to on account of the dense fog and sounding her siren continuously. Suddenly there came the warning shriek of the siren on the Seine and the latter loomed up out of the fog and darkness and struck the Egypt amidship. With the crash there came a terrible confusion on the stricken vessel. Four or five boats were all that could be lowered because of the list of the vessel and many persons jumped overboard fear- plunge, it is believed. DOCTOR THROWN FROM BRONCHO Dr. Claude Henderson, of James- town, accepted an invitation to ride a broncho on the Bowley farm six miles north of Mandan Sunday, much to his regret. The animal started bucking im- mediately and Dr. Henderson was thrown in such a manner as to pull the ankle from the socket and bend the foot backward. He also was dragged for a short. distance. ‘He was brought to Mandan, to the home of his father, Dr. A. O. Hen- derson, DUEMELAND IS AGAIN CHOSEN Bismarck Man Heads Wholesale Grocers’ Association The North Dakota Wholesale Gro- cers’ Association held its annual meet- ing Tuesday, May 16th, at the Gar- diner Hotel, Fargo, North Dakota. The following officers were elected for the ensuing year: H. J. Dueme- nd of Bismarck, president; C. 0. Follett of Fargo, vice-president; J. E. McLean of Grand Forks, secretary and treasurer. President H. J. Dueme- and will represent the North Dako- ta Wholesale Grocers’ Association at the annual convention of the Nation- al Wholesale Grocers’ Association of the United States which will be held at the Congress Hotel, Chicago, on June 6, 7, 8 and 9th. ST. ALEXIUS GRADUATION Exercises for Nurses of Train- ing School to be Held May 27 The annual graduation exercises of St. Alexius Training School will be held Saturday evening, May 27, at 8:15 p. m. Governor Nestos will de- liver the principal talk of the evening. There are four graduates in this lyear’s training school class. ‘An excellent program for the eve- ning has been arranged, and many visitors are expected to the city for the event. BAKER, LEAGUE CANDIDATE, IN WASHINGTON Washington, May 22.B. F. Baker of Glenburn, N, D., Nonpartisan league candidate for governor of North Dakota in the coming primar- ies in that state, accompanied by two men formerly prominent in Townley circles, called at the White House Saturday Fresident Harding. F. W. Cathro of Bottineau, N. D., former manager of the Bank of North D state, are with Mr. Baker. is presumed that coming campaign, call there. many other citizens do to hands with the chief executive. to pay their respects to ota under the Nonpartisan league regime, and George T. Webb of EI- lendale, once a bond salesman for the The three North Dakotans have .| been in New York for a few days. they have been gathering material to be used in the They had no pre- arranged visit at the Capitol so no significance is attached here to their They called just like so shake It ing to be drawn down with the Egypt. There was no one on board when the vessel took her final The purser estimated that 15 passengers, 30 white officers and 50 Lascars of the crew were missing. . saat PATROLMAN If HURLED FROM BiG BUILDING Police Believe it's Part of Ter- rorist Campaign in Build- ; “ing-War = | ‘Chicago, May 22.—James Mullen, 45, Patrolman on guard at an apartment building ‘being erected under the Landis wage award, was hurled from a three-story window early today by three men believed by the police to be labor wreckers. (Hie suffered a frac- tured ankle, spinal and possibly inter. nal injuries. FIRE SWEEPS DISTRICT OF ALBERT LEA Albert (Lea, Minn,, May 22.—Crews of men were at work preparing for the reconstruction of a portion of Albert Lea’s business district which was wept by fire early yesterday morning. The loss is approximately at from $750,000 to $1,000,000. The blaze gtarted in a garage of un- determined cause. DUNN COUNTY PLAY DAY MAY 27 Killdeer, N.-D., May 22.—The An- nua! Dunn County Play day for 1922 will be held at Werner on Saturday, May 27. Arrangements have been made to make this a real day of cele- bration for the children, The silver trophy cup will be award- ed to the school winning the most points in all athletic events; gold, sil- yer and bronze medals will be award. ed for individual honors; and bronze plaques will be awarded for the best rural and consolidated schoo] ex- hibits. TOS SPEAKS AT DICKINSON ‘Dickinson, N. D., May 22,—Govern- or R. A. Nestos will deliver the ad- dress of the Senior class of the Dick- inson high school at the Commence- ment exercises which will be held in the armory on Friday evening, June 2, acoording to an announcement made by Supt. P. S. Berg this week. The class will number about 24. Baccalaureate services will be, held in the high school auditorium\on Sun- day evening, May 28. Rev.- Fr. John Digman, pastor of St. Patrick's church, will deliver the sermon. Class day exercises, which will take the form of a mock trial, will be held in the high school auditor- ium on Monday evening, May 29, un- der present plans. TO HOLD MEMORIAL SERVICE Shielas, N. D., May 22.—Shields will observe Memorial day on Sunday, May 28. The local post of the Amer- ican ‘Legion will have charge of the day, assisted by the local Odd Fel- lows lodge. Veterans of the World, Spanish-American and_ Civil wars and all citizens are invited to spend the day at Shields and participate in the tributes to the heroic dead. Constantinople consumes about 1,- 000 tons of sugar a month,