The Bismarck Tribune Newspaper, November 24, 1922, Page 2

eon TWO 7 me U RE ROSIER OF PHILADELPHIA, CLARA PHILLIPS, MARIE “PEGGY” BEAL Why is it almost impossible to get | der who could be deterred from it, or convictions of women in murder -cases? The Tribune through NEA Service in any way influenced, no matter what the consequencies might be. A general crusade, or a general put tis «question to three of the|fecling in favor of visiting severe foremost jurists of America—a judge, a prosecuting attorney and a famous | simply. result defense attorney. penalties on woman who slay, would in sorrow, disgrace and misery to thousands of women Judge Florence E. Allen of Cleve-|and their families without in any land, the first woman ever to sit on| way changing the conditions of life. 2 state supreme court bench, speaks for the judges. Judge Allen won Not, cruel only is it unscientific and to judge men and women wide commendation for her handling | alike, but it is really unjust to judge of several murder cases when common pleas judge. Thomas Lee Woolwine, nationally famous for his prosecutions of wo- men: in famous murder cases, and who recently convicted Clara Phillips of second degree murder in in the “hammer slaying” case, gives the prosecutor’s opinion. alany two human beings alike, and the safest way is not to judge at all. “WOMEN ARE MORE CLEVER” By Judge Florence E. Allen. Clarence Darrow of Chicago, pre-| First Woman Criminal Court Judge, eminent as defender in many mut- der cases, tells the reasons from the standpoint of the\defense. HAS BASIS IN RACE PRESERVATION By Clarence Darrow Famous Defense Attorney Chicago, Nov. 24.—It ig idle fo talk about judging men and wo- men alike, Nature does not do it. Man cannot do it. For hundreds of years, in what are called the civilized, nations of the world, women’ have been looked upon somewhat as children. A feeling of what is called chiv- alry has grown up as a consequence of this attitude. Men are taught that they must give women many courte. sies ‘and considerations peice anen, do not give to’each other. Every one with common experi- ence knows that in every way, the Jaw has been both made and ad- . ministered to give women privileges which men could never claim. If a man kills his wife he is almost sure to hang. But a wife can kill her husband and run little risk of pun- ishment, If a man strikes his wife, he is a brute and no sentence is too severe. But let a woman strike her husband, or nag him, orJmake his life unbear- able, and the public applauds her conduct and says he deserves it. * Sex as Cause Most. all murders ¢ommitted by women grow out of sex relations, whether in the family or outside. Is there any biological reason for this, or would the indiscriminate hanging of women restore equality gnd pre- |, vent this class of murders? Nature seems interested mainly in the preservation of life, and in its preservation women are the most important. Both as to the bearing and rearing’ of children, women necessarily take the responsibility and must take it. This is not only true of, human life, but it, is a law that ‘reaches all animal life as well, Neither, with men or animals, does the newly born offspring make any strong impression upon the male, Whereas with the normal fe- male, in most cases, she is ready to give up her life for an offspring that is-not even of sufficient age to ap- peal to her on account of associa- tion, Maternal Instinct Strong It is then quite beyond . question ‘that the Strength of the maternal in- stinct is fundamental to the pres- ervation of the specie. All normal life, and most abnormalities relat- ing to sex are based upon this primal feeling. With a woman, her relations to man, whether conscious or uncon- scious, means the preservation of the species. and the love of the man is really the love of the child born or unborn. .To: most women this is almost all of life. No other instincts, interests, feelings or customs stand against it. When it is interrupted, either di- rectly through the child or indirect- ‘ly through the male, it means to her an interruption of life. It means that the fundamental law of being is raised in protest.Laws, customs, institutions, and even common kind- — ness are of no effect to contfol con- duct. f \ iB Equality Impossible For these reasons equality of jus- tice between. the sexes is impossible. If men and-women could be judged alike, it would ultimately mean the extinction of the human race. Hu- man laws.and human customs can. not undo the innate feelings and in- stincts which afe the basis of life. If human institutions could be “evolved where. complete justice would be meted out to all, then every person would be judged not only according to the physical and mental makeup of his machine, and according to full considerations of time and place. If this were done, probably no one would condemn another. There are ~ “very few women who commit mur- | | presentation ‘and has received a A jail. dust Elected to Ohio Supreme Court. z Cleveland, Ohio, Nov. 24.—There are a number of. reasons why women are so often acquitted in murder cases, Here are some of them: 1, Men have always sat on furies and men instinctively shrink from holding women strictly accountable for their misdeeds. Now that women sit on juries, I expect the percentage of convictions in cases of women to be higher. 2. Women are more clever than men in arousing sympathy. I had one woman, a hardened criminal, stage a terrific fainting spell in my court- room after the jury found her guil- ty. It took.four men to carry her to She ¢ontinued having these spells so long that I had to defer pronouncing sentence. Finally I t her word that the longer she acted so, the longer she would be in jail. Within a few moments/she’ sent up word that she would be good and re- ceived her sentence meekly, with no trace of feeling. 3. Cases in which _ women are tried for murder usually involve cir- OF THESE FIVE WOMEN RECENTLY WERE ACQUITTED BY JURIES. NT “HAMMER SLAYING” CASE AT LOS ANGELES. THE WOMEN THE BISMARCK TRIBUNE - WHY DO JURIER oe WOMEN? ee UDGE, PROSECUTOR AND DEFENDER TRLIES REASONS THE FIFTH, CLARA PHILLIPS, WAS rout: GUILTY OF SECOND DEGREE MURDER IN THE ARE, LEFT TO RIGHT, MRS. J. W. GORMAN, FORMERLY CLARA\SMITH HAMON; MRS. CATHERINE OF KANSAS CITY, AND MISS OLIVIA STONE OF CINCINNATI, cumstantial evidence only, A man tor to overcome this powerful factor ;may be tried for murder arising out; than it is to convince a jury upon of a robbery or some-casé in which the state of facts presented. | personal reasons are in-|fact is being modified by the .mixed volved oftener than with~men—and, | j direct evidence of the past crime may help to prove the murder. But when a women murders some- one it is apt to be through jealousy or some personal reason. Women have murdered for life insurance, but in general, because motives and the workings of. the human’ heart are so hard trace, the murder case against a woman is really harder to prove than the case against a man, which so often arises out of some other] cutor Himself, being a man, cannot crime, eae JUST BECAUSE THEY ARE WOMEN By- Thomas Lee Woolwine Los Angeles District Attorney Los Angeles, Nov. 24.—There can be no question that it is more diffi- cult to convict a woman ‘for, any of- fense than a man. My office has had aniizeat success in establishing the guilt of women charged with crimes of. violence. Within the past two years we have convicted Mrs. Louise M?’Peete and Mrs. Maybelle Rowe of first degree murder, Mrs. Clara Phillips of sec~ ond degree murder, two other wo- men of manslaughter and one of deadly assault. The reason it is well nigh impos: sible to punish women for’ crimes of violence in particular is simple: It is because they are women; and be- cause sex plays a vital part in every such’ trial. 1 Chivalry. Plays Part ‘ Men vare Annately loath to’ punish women. Women naturally arouse a feeling of false chivalry in. men which allays and tempers their judg- ment upon the evidence. It is more difficult for a prosecu , FAMOUS ACTOR COMES HERE CHAS, GILPIN, IN “THE EMPEROR: JONES.” Adolph Klauberf will offer Eugene , of commendation from leading. eri- O’Neill’s. -remarkable play, Emperor Jones,” actor, Charles S. Gilpin, in the lead- ing role, at the Auditorium in Bis- marek Tuesday night, December 5. This attraction comes to: this city after scoring a distinct triumph at the Princess Theater, New. York, where it ran for entire season. The has been more: uni- versally discussed among theatres goers in the metropolitan centers j and Mr, Gilpin’s acting is said greater measure | be superhuman, “The | ties than any other: theatrical offer- with the celebrated | in in the past twenty years. Mr. ll is a young man, with new He has ‘built his playalong nes, casting precedent to the winds, with the result that\at last we have a drama whicl? conveys an original thought, and “one that will undoubtedly pave the way to a high- er standard of stage offerings. It is the dramatic novelty of the ' age, to new to | posed { Beloit, Wis., MERERADSE man died. -| payroll from Finch, Vanslyck This sex advantage, under the cir- cumstances, is as natural as that we .breath and eat. It no doubt always has obtained and always will, and there is no way to avoid it. I have seen no indication that this jyy-aithough I have never known a case where the\jury was com- entirely of women, and can only speculate on what the result might be in that circumstance. It may be said that even the prose. by nature fight a case against a-wo- man defendant with quite the force and vigor he would exert in appear- ing against one of his own sex, ——_—____—____--—- | \ NEWS BRIEFS | | Aberdeen, S. D.—Jess Phipps, 40, shot, killed self, on Clark-Gage farm near Gage. Mental depression and financial difficulties -believed ‘cause. Fargo, N. D.—Roads that been Practically impassible throughout greater part of state, made, it im- possible for farmers to market grain for last three weeks, survay ‘shows, Waseca, Minn.—John Moonan, 56, former state senator from Waseca county, died. Los Angeles.—Albert F. Ayer of Huron, S. D.—The automotive trades association. ‘of South’ Dakota; formally launched. Next ttieoting will be held~ about Janpary ‘15, at: Sioux Falls. 0.;M. Phelps,, Huron, elected president. Minneapolis—Man giving “name as William Kenny, Detroit, Mich., with bullet wound in “abdomeh, ar- rested down town hotel, believed 14 one robbers who attempted to steal and McConville in St. Paul. London.—Stanley Baldwin Chan- cellor of the exchequer,. accompani-. ed by the governor of the Bank of England, will siirt on December 26, for the United States on his debit funding missibn, it was snutbancg@. Berlin.—A ‘British officer was in- | jured ‘when members of the inter allied: control commission ,atrived at Ingolstadt, Bavaria, tg ‘inspect 9 munitions depot. Whiteplains—Supreme court just- ice Morschauser denied a motion for dismissal “of,‘the indictment against Walter 8. Ward, wealthy baker’s for murder in commection with the death of Clarence Peters. London.—Laborities in the house of commons several times inter- rupted Lady Astor while she ' was making .an address involving the temperance question. St. John’s N. F.—The Norwegian steamer Nordfjeld, went ashore on Flowers Cove ledge, and was regard- ed as probably a total wreck, The) crew was saved, London.—For the first time since 1768 the royal. academy elected: a woman to membership when Mrs. A. L. Swynnerton was so honored. Skowhegan, Maine.—Mrs. Bertha. Cole Britton, who ‘started,a hunger strike on November 13 to regain the affections of her husband, broke her fast. x London,—Annie MacSwiney was removed from her watch before the gates of Mount Joy prison in Dublin where her -sister is on .a <hunger |'* strike and was taken to a hospital, according to the West Minister | Gazete. Minneapolis.—Piereé Butler of St. Paul, in a telegram from Toronto to a newspaper hére announced he will ‘accept . the nominaeion to bea justice of the supreme court offer- ed him by President resident. Harding. Miller, S, D.—John_ Shaul, pro- minent retired farmer of St. Lawr- énce, dropped dea, SAY “BAYER” when: you buy Aspirin ——__ Unless you see the name “Bayer” on. packages or on tablets you: are hot getting the genuine Bayer prod- uct prescribed by physicians over! twenty-two years and proved. ‘safe by’ millions ‘for colds, headaches, toothache, earathe, neuralgia, lum- bago, rheumatism, neuritis, and for pain,in general. Acccpt only “Bayer” } package which contains: proper direc- tions, Handy boxes of twelve tab- lets cost a few cents. Druggists also sell bottles of 2 4and 100. Aspirin is the trade mark of Bayer Manufacture of: Monoaceticacidester of Saticylica- cid. * NEVER a FLOUR FAILS um Makes Good Bread TRANG NAAN Allied by. Aiichardton Local Manager, ing | Co. E.G. Anderson Phone 1041 | i sai eal , TRAINING FOR - | CUTTZENSHIP 1S ADVOCATED Held One of Greatest Needs of The State Today by Gov- ernor Nestos FOUNDERS Fargo, N. D., Nov. 23—Training, and’ education for citizenship is the greatest need Governor R, A. Nestos told the members of the North Dakota teach- ers association here Wednesday night. He was’ one of several speakers parti- cipating in a symposium on the edu- cational needs of North Dakota.’ All of the gpeakers/ with the exception of the state superintendent were laymen, } “The gréatest educational need of our state today is education and training for eitizenship,” the Govs ernor told his auditors in the begin- ning of his address. “Therein. lies the .assurance of future safety and welfare of ‘our state and republic. It must be obvious that in a demo- cracy, where a government, of for and by the people should exist, there must be such a general educa- tion as would fit al#the citizens measurably for the duties, respon- siblities and powers of citizenship. “To meet this requirement, thére- fore, the emphasis should be laid, on the education of all or the many on the subjects that are basic and es- sential in the preparation for the ‘duties and responsibitities of life and citizenship, rather than on the more’ thorough education of the few. If our slogan were to be, “An eighth’ grade education of every boy and girl’in the state of North Dakota, who is not fecble . minded, before the age of eighteen is reach- ed,’/Nand we can succeed in realizing this ideal as. we easily could if we were ta; marshal ‘out forces to the task, we would havé accomplished more for higher civic ideals, sounder economic thinking, better political practices, than any other course we might pursue. “The pioneers of our state realiz- ed this, and .in Section ,147.0f the constitution. adopted by them, they M said, “A high degree ‘of intelligence, patriotism, intégrity \and morality on, ‘the prat of every voter in a government by~the people © being necessary in order to insure the con- tinuance of that government and the prosperity and happiness of the people, the legislative \assembly shall make provision for the estab- lishment ‘and “maintenance of a system of public schools which shall be open to all the children of North Dakota and free from sectorian con- trol.” “It. is apparent therefore. that not only did. they regard a high de- gree’ of intelligence on the nart of everv voter''as essential to the’ pre- patuity of the state, but. also we {must inculeate these, ideals and af DYE BLOUSE OB BABY’S COAT IN DIAMOND DYES “Diamond Dyes” add years of wear to worn faded skirts, waists, coats, stockings, sweaters, coverings, hang- ings, draperies, everything. Every package contains directions so, sim- ple any woman” can. put new, rich, fadeless colors into her worn gar- ments or draperies even if she has never dyed before. Just buy Diamond Dyes—no other:kind—then your ma- terial will come out right, because Diamond Deys are guaranteed not to streak, spot, fade or run. Tell your druggist whether the material you wish to dye is wool or silk, or whe- ther it is linen, cotton or mixed goods.—Ady, AWUHNYOEN AHO UAE See a Non-Residents Property Efficiently Handled We make a specialty of managing Bismarck property owned by. ‘non- residents. If you desire competent and trustworthy agents let us care for your Bismarck and Burleigh County interests. We are building up a splendid line -of clients in ‘this, ect and we gugfantee satisfac- ion. Let us care for your rents and sales at nominal cost. HENRY @ HENRY Real Estate and Insurance Phone 961, Office 4th St. “ORDER A SACK OF CLIMAX TODAY REALIZE -IT)\ of the state today, j VNU > mete if / a) Vegetab Dr. Caldwell’s Syrup Pepsin affords Prompt relief in a natural way TRE. public is constantly be- coming more discriminating in_its. choice of things, »Those subject to coubtination try to learn what makes them consti- pated, -arid_ then avoid it. If con- stipation persists ins spite of ‘all their ‘efforts they take the mildest, most casily— tol- erated obtainable, and not al dr as tic physic them for days ‘afterwards, As over 10 million ‘bottles of Dr. Caldwell’s Syrup Pepsin are sold compound is the proper. Fone for’ them, and so ft is..No need \to take salt waters ‘and: powders that dry up the blood; coal-tar skin eruptions, or calomel that salivates. ‘These drugs are “heroic measures”, over-eflective, weak- ening and gtiping. The best. constipation remedy » is the one that moves the bowels” without shock to your ‘system,’ and such a one is Dr, Caldwell’ Syrup Pepsin. #It is a vegetable TAKE DR. pelen principles of patriotism, integrity and morality, which a life time of rich varied experience both jin the older settlements and as pioneers in the ‘Northwest, had convinced these ‘men, were-essential to the lasting happiness and. prosperity of our people.” ‘ MANY ATTEND SUICIDE’S RITES Reeder, N. D., Nov. 28.—No church in Reeder was large enough to ac/ comodate the people who gathered to attend the feneral of Miss Ida Purajea, who last Wednesday com- mitted suicide. The bad condition of Publie Now lafative | at upsets / ‘a year, a large proportion of the ople of this country: must be- , IRev eBthat ‘this mild: vegetable drugs in candy form that produce / SYRUP. p ‘PEPSI Prefers le Laxatives ANY FAMILY MAY TRY IT FREE Thousands if Parents cre lexking themselves, “Where cun I find a. (rust- worthy: lazative Wat anyone in family can use when_ constipated urge you lo try Syrin Pepsin. T will gladly provide a liberat free sample bollle, sufficient for an ecequate test. Wrile me where to scud ile Address Dr. WB: Caltwe Washington, St, Mentigello, Do it now! cotpouns of Egyptian s with plex » and has. } y sol for 30:ye: arsher ply FRIDAY, NOVEMBER 24, 1922 ae a. habit, and doses are not required; i so trains the stor that in time medicins cag be dispensed, with, y., Many, take a teaspoontu Syru Taps ve asa health safeguard. Others us only when required, as, for le, Mrs. J. W. Borrans $s ittle Rock, Ark., wo fi equally: valuable for: herself and Costa of Watsonville, Cal., wc family uses it regularly. Try Dr. abies Syrup Pepsin in constipation,” biltousness, piles, \. fscadaches, sallow meornpleston: and to break up fevers and colds. A-generous-size bottle can be bad at-am ug store, and if costs only about a cent a dose! the children, and Mr.’ Enas: S. | the roads prevented many from jt- tending, The fune?al was held from th ie public. hall in Reeder. It was con- ducted by Rev, J. G. Dickey of the Congregational. church, who was called from Dickinson to preach the funeral sermon by the parents, and Mrs. Levi Puariea, who desire especially that the minister wh a ° had ben with them when two other children were drowned a few year 'S ago, again comes to bring them com- fort. There wes a profusion of flow- ers from local people and from friends of New England“ and Wad- ena, Minnesota, where Miss Puartea \had been employed-in'the bankin business. ig *Lis’een weoery” made gives her kiddies KELLOGG'S. be as 4 That’s why big ‘and little folks who kaow the differ- ence insist upon KELLOGG’S! make comparison—Kelloge’s against any other kind of The thing to-do is to “corn flakes you'ever ate! If it’s quality, or all-the-time crispness or delicious or appetizing flavor you want— “well, just wait till you light to know {icy y Te ne cat Kelloge’s! And, what.a de ver Iedthery! Youll get so cheerful about Kelleeg’s that the ‘day’s best hours will be when i it’s time to sit down with the family in front of generous Bowls ail filled inost to burst ing with those big, sunny-brown ‘Corn. Flakes! Never ‘was - Fancy Pa ‘No. milter how are now, you can by using Clima a) bettcr'-time ‘than tomotrow morning to prove that KELLOGG6’S Corn Flakes are about the ‘“‘gladdest of all good things to eat,” Insist upon’ KELLOGG’S—ttie kind in the RED and GREEN pack- age—if you want to know how won- derfully goed corn flakes can: be! tent Flour ood your bakings - make them better x Flour, Better flavor, better texture, More whole- some, more satisfying. Russell Miller’ Milling Co. Bismarck, N. D. CORN FLAKES of KELLOGG’S BRUIISLES and KELLOGG'S er cooked end krumbled