The Bismarck Tribune Newspaper, December 21, 1922, Page 1

ie BRUTE TEERSEE VETER TT TTT TT oo ts & WEATHER FORECAST. — Fair tonight and Friday; moder- ate temperature, \ THE BISMARCK TRIBUNE LAST EDITION ESTABLISHED 1873 GERMANS A STAT TESTIMONY 18 ASKED ON REAL HOME VALUES) Wallace Case Decided by Judge Pugh Is Sent Back To District Court HELD STATE VICTORY Order of Court. Regarded as Rejected of Estimate— Contract Theory The supreme court has remanded the George E. Wallace case; involv- ing the amount persons for whom homes were built by the Home Building Association of North Da- kota shall pay for them, to the dis- trict court and ordered testimony taken and a record transmitted upen a number of points. The action of the court, contained in the miuntes, is generally viewed zs a rejection’ of the decision laid down ky District Judge Thomas Pugh under which the state would deliver the homes at the estimated | price, which an average was i about $4,000 bélow the figure final- | ly set by the Home Building As- } siciation. . In the case of George E. Wallace, | former tax comissioner, for whom a home was built in Bismarck, the. state associated claimed Mr, Wal- j{ lace should pay more than $11,000 ; for the house. Judge Pugh. held that he should pay about $5,800, which, Mr. Wallace claimed, was | the’ estimated price given him by offi cials' of the Home Building Assoc‘a- tion. The supreme court directed addi- tional testimony be taken on the following subjects: 1, The reasonable value of a home at the time possession thereof was taken by the defendant. 2. Tne reasonable rental thereof. value BISMARCK, NORTH DAKOTA, THURSDAY, DECEMBER 21, 1922 | ARE THEY? ARE. THEY not? | HENRY LAYERS Despite continued silence of Pola Negri and Charlie Chaplin, screen | a stars, shown above, rumors persist 3. The value of any improvements made on the premises by the de- fendant sin¢e assuming possession, and the date of such improvements. 4, Whether or not the defendant is a member of a Home Buyers’ League, and, if so, the extent of the obligations due the association from the league of which he is a member. ; The order says that “it is further ordered that the district judge; make appropriate findings, conclu- | sions, order for judgement and judgment in the light af such testi- mony, and that all of the same ‘be thereafter certifjed to the court.” Lawyers were given leave to fila dditional briefs, covering such new ; matter. If the decision of Judge' Pugh had | been upheld—that the houses should be delivered at the verbal estimates given the home builders—the loss | to the state from the total amount claimed by it would have been, ac- cording to records of the association in excuse of $171,000. Attorney-General-elect Geo. Shaf- ver, who tried the case’ in district; court for the state association, de- clined to comment upon the decision, though apparently believing the state had gained considerable by it. POLICE PLAN — TORAID POKER | GAME FRAUDS: (By the Associated Press) New York, Dec. 21.—Diselosure of | a poker swindle in which hundreds! ef thousands of dollars have been | lost in games in Maghattan was fore~; cast today when detectives set out’ to round up ‘Broadway's gambling fraternity. Two men already are un- der arrest on the charge of being common gamblers. While the police declined, in ad- vance of more arrests, to reveal the identification placed in their hands, it was learned that one complainant, Charles L. Meyer of Whiteplains, lost several hundred thousand do}- lars in games. at which partners were said to- have been framed as “square guys.” / The decision to round up Manhat- tan’s gamblers was reached at a con- ference yesterday between Police Commissioner Richard Enright and Chief Inspector Wm. J. Lahey, Mark Reardon and ‘Richard R. Manden, th> two arrested, were released under $500 bail each. : SAVES AGED . MANDAN MAN Tom Kopp. one of the men who re- cently was before Judge Andrew Miller in Bismarck on a charge of violating the Volstead act, assumed the role of a hero in Mandan last night when he rushed into the burn- ing home of _ eighty-four-year-old Fred C. Rix and carried the octoge-. nerian to a place of safety. iriver. BORAH ASKS | CONFERENCE Would Have Harding Call) Pavers Together | Washington, Dec. 21.—Conference of the world powers to consides | economic questions, to’ be called by! President Harding, for discussion of | possible agreements to establish | more stable financial and business’ conditions and also to bring about a reduction in land and sea arma-| ments was proposed by Senator | Borah, Republican of Idaho, in an} amendment offered today to the pending naval appropriation bill. | THREE STEAMERS ICEBOUND : NEAR DETROIT (By the Associated Press) H Detroit, Mich., Dec. 21.—Three! steamers carrying grain were ice bound in Lake Erie just below the mouth of the Detroit river today awaiting the assistance of tugs and| ice breakers while three other ves-; sels were continuing their battle! against ice floes in the St. Mary’s The steamer Philip Minch spent the night six miles off Colchester, | Ontario and the City of Bangor and C. B. Nienaber were fast just below Barpoint. The vessels stalled in the northern waters were the J. H. G. Hagarty, Glenlyon and Emperor, all | reported near west Neebish cut. None of the ships appeared to be in danger and tugs may be available today to free them. MALLORY MAY MEET LENGLEN | NEXT SUMMER. (By the Associated Press) i London, Dec. 21.—A renewal of the | tennis feud between Mlle. Suzanne} Lenglen and Mrs. Molla B. Jurstedr ; Mallory next summer seemed a’ pro- | bability today. A cablegram from! America stating that Mrs. Mallory planned to come to Wimbledon in quest of the women’s title brought the announcement from A. H. Muhr, Suzanne’s manager, that the Frerich star would: also participate in the Wimbledon tournament. COMMISSIONER OF FOOD NAMED ¢ C. P. Guthrie of the State Agricul- tural college, has . been appointed state food commissioner by the board of administration. W. C. Palmer has been acting food. commissioner. Mr. Guthrie, it is understood, was strong- ly recommended by President Cout- The home was completely destroy- ter of the college.” the Bridgeport Brass Company, un. {a conference to be held next month 'were sold at auction-on the M. J. they will be married soon after Jan. 1, That's when Pola Negri’s inter- lecutory decree for divorce becomes final. \ ‘inal STRAWBERRIES SELL AT DOLLAR FOR ONE BOX Mobile, Ala. Dec, 21—Strawber- ries sold here in the market today for $1 per box. This was a record for the fruit in this part of the United States, made possible by~the mild winter that has prevailed so far. WILL BRING FRAUD SUIT Harness Company and Brass Company are Named Washington, Dec. 21—Civil or criminal su'ts, one or both, against the United States Harness Company of Ransom, W. Va, will be ready for insistution by the govrnment with'n 30 days, Colonel Henry T, Anderson of Richmond, Va., a speci al assistant to the attorney-general testified today judiciary committes. Mr. Anderson also stated that the | government would bring'suit against less there was an. agreement fo settlement cf the war claim of the government against that company at WILL GET BOYS “QUT OF VATS BY CHRISTMAS” Minneapolis, Dec. 21—Two Minne lapolis federal dry operatives who {17 of undetermined race. ‘have been’ guarding 480 barrels of ‘three persons filed for damage suit o¢ the five men charged with murder) |for a total of $170,000 and three ob-! beer inja brewery at Davenport, Ia. for the past four months, are to get la yuletide reprieve, H. L, Duncan, | 375. 1 t {northwest prohibition director, an | maining 30 would be paid a total of i604 yesterday. nounced today. He said he would get the boys out of the vats by Christmas. The ‘two brew warders are Isaac Pearson and James Verrall. Four months ago federal forces ar-| |rested Chas. Zoller, president of tho| Davenport Beverage Company, and seized the plant. Among the chat-| police horses. The bill for extra po- | tels confiscated were these 480 bar- rels of beer. Unable to move the evidence, prohibition officials as- signed two operatives as guards and they have been there ever since, SET NEW MARK Davenport, Iowa, Dec. 21—A new high mark for-1922 corn was report- ed here yesterday when 1,500 bushels Delacy. farm for 73% cents a bush- el, There was spirited bidding among the 300 farmers present. : were established Postoffices in 1464. ‘TIGER TRIP WIFE OBTAINS | DIVORCE HERE plus to Field Service Fund Fellowship Wife of ‘Man Sentenced for’ Murder of Eight Persons | \ , Gets Decree | (By the Associated Press) | | Wash:ngton, Dee. 21,—Former | 'Premier Clemenceau’s American iFAMILY IS SCATTERED) visit added $20,000 to the American field service fund fellowsh‘ps, lOne Family Wiped Out by | tou" announced today. The amount lis the surplus of money received Slayings; Family of Slayer jfrom lectures and newspaper arti- Is Separated jcles by “the Tiger” after deftay.ng the expense of the trip. The war time premier, it was ex- borg | jplained was unwilling toy accept |_ Divorce was granted Mrs, Lydia! financial assistance for his mission | Layer, wife of Henry Layer, verving |and his own. meens were inadequate, aa P iten.|S° he accepted lecture and surplus m life. gentence in the state pemilin| .. devoted tn memory of hx student tiary here for the murder .of eighti years in the United States, to the | | Persons near Turtle Lake in April,|fellowships which * are intended | 1920, by Judge James A. Coffey in{®meng other things to stimulate | district “eoure™taee jfriendship between France and | +) Ae !Amer‘ka through the ‘education in | The divorce was asked and granted | each country of young men from the | solely on the ground that Layer had | other. | been convicted of a felony, Theodore NETS $20,000 _ FOR BUDDIES _ |Fermer Premier Leaves Sur- {Stephen Bonsal, who managed tie’ Se { ARBUCKLE T0 RESUME PLACE IN THE MOVIES Will H. Hays Lifts Ban That | Has Kept “Fatty” Off The Films PROMISES TO BE GOOD | Announcement Received Fav-' ILDING (Leased Wire of Associated Press) ASSASSINATED orbly in Some: Sections, Birt aR i (By the Associated Press) Los Angeles, Dec, 21.—Roscoe !(Fatty) Arbuckle, comedian, ) was making ready for re-entry into | jmotion pictures after January 1,| iwhile members of the Los Angeles | District Federation of Women’s club | said they could “not recede from} their opposition” to his plans. | After Will H. Hays, titular head} jof the motion picture industry, an-| today | Others Oppose Plan ie | Koffel, Mrs, Layer’s attorney, said,'replete with incidents which touch-'kle might have another “chance” to} War | this being a statutory ground, ~} Since the famous murder case | originated the family has been scat: jtered far and wide. It was on May Mr. Clemenceau’s American tour! nounced here yesterday that Arbuc-/ ;ed his sense of humor, according to make good, the Los Angeles distriet | Mr. Bonsal he was not offended by | adopted a resolution affirming a pre- congressional, political or newspa- ‘vious one opposing his aprearunce | per attacks but enjoyed them and PF i Meh in pictures, ! welcomed them as giving h’m an opportunity to make replies. Some of his “reception parties” ) 13, 1920, that Layer, a farmer, was | sentenced for the murder of’ seven| jmembers of the Wolf family and a! iso provided “the Tiger” with a Layer’s children are now renere boy... Lave jchuckle, Mr. Bonsal’ natrated, since | scattered in various homes and one | offigials who, he | thought, should jsince has died. One is in a Northjhave been busy with formalities | Dakota home, one was run over by|were informgily stepping around ja truck near’ Fairmount, Minn, last! with iedtean ighotographs for him | October and was killed, and four|to autograph. other children are in an institution; But the visitor's chief amusement, jat Fairmount, but probably will be his manager asserted, came from the | placed in homes. | Mrs. Layer, it was said, plans to {leave North Dakota. “Monsieur” Clemenceau for which ' Layerhas-made, no further.-offoyi, the -“M” printed before his name \to avoid serving his seritence since Stood. |an appeal to the supreme court fai led. Layer confessed to the murders, STORY RETOLD BY WITNESSES him ‘as “Em” Clemenceau instead of the confession’ was obtained by | “third degree” methods. ‘EXPLAIN ACTION custom of Amer'can’s in addressing | Arbuckle who was barred from the | {screen last April by Mr. Hays, will | jbe re-employed by Joseph. M. Schenck, producer, it was anngufte red. i pes ‘ FAVORS SECOND CHANCE Livingston, Mont., Dee. 21—Clergy- men here informed that Roscoe Ar- | jbuckle had been given a chance to jcome back to filmdom, said: “Give Fatty a chance.” Rev. S. R. McCar- thy, president of the Livington Min-| isterial Association added that the organization would not ask motion pictures theatres ta..bar new Arbuc- kle productions. q WON'T ALLOW PICTURES Wenatchee, Wash., Dec, 21.—Pi |tures showing “Fatty” Arbuckle wiil| {not be permited to be exhibited in! | Wenatchee, according to Geo, Sea jman, chairman of the motion p j ture censoring committee of the city council. ident of Poland, assi e days after he took office. FARMERS PAY 4 PER CENT OF OBLIGATION Finance Corporation Praises Credit Record Made by Them i MAKE LOANS MANY Thirty-Two Cooperative As- sociation Are Loaned © $172,827,000 « (By the Absociated Press) Washington, Déc, 21.—The Ameri- can farmer has demonstrated tha’, when: properly financed hev an wea- ther the woret economic storm | War Finance Corporation declared in its annual report sent to congress to- day. The report set forth that 41 percent of the money advanced to jthe agricultural industry had been repaid cither in advance of maturity | or when due. Advances by the corporation saved the industry many millions of doi lars, the report declared, explaining Gabriel Narutowicz, above, first inated | ON GRAND JURY No point of law was decided by |the supreme court in the considera- jcounty grand jury case, it was stated |by Chief Justice Birdzell of the*su- | Preme court today. The information | | | that the law points involved were de- tion of the petition in the Burleigh} |was given out by the court in order! to clarify matters and prevent any-| | one from acting upon the assumption! Name of Union Official Is : Bréught Out During | Testimony that the corporations officers believ- ed its activity had proved as bene- ficial in the restoration of confidence TO BAR FILMS i Walla Walla, Wash., Dec. 21.—Pic-| tures showing Roscoe Arbuckle will! \ STATE NEARLY THROUGH cided. As a general rule it is ‘not! customary for the court, in matters ‘involving its supervisory power over \lower courts, to’ accompany any an- !nouncement of the court with an | opinion or explanation, and none w: |was given at the time ¢ was stated murder in connection with the Her- that the petition for the recall of|rin réots, by two state witnesses. the grand jury here was denied. It!Under cross examination, however, | was stated today that the court’s| both witnesses said they could not action was ‘that it decided not to in-|be positive in their identification. terfere in the proceedings in district | ; (By the Associated Press.) | Marion, Ill., Dec. 21—The name of ;Hugh Willis, member of the Illinots {mine workers executive board, was {brought into the testimony today in the trial «@® five men charged with | continue to be barred here, accord- , ing, to Mayor Ben F. Hill. “The sen- timent against Arbuckle has not changed here and I see no reasor for allowing his pictures to be ex- hibited,” he declared. PROMISES TO BE GOOD Aberdeen, S. D., Dec. 21.—First news of Roscoe C. (Fatty) Arbuckle’s’; reinstatement into “movies” by Wil Hays reached Aberdeen yesterday over long distance telephone from} Los Angles, Arbuckle himself, talk- | ing from the western city to Lew! | Fein, one of “Fatty’s” former part-! |ners on the vaudeville stage and in moving pictures. Mr. Fein says he could hear plain-; ly and added that “Fatty” said ne) intended making himself worthy, of; the “comeback” chance given him by | as in the actual pouring of cash into PRICE FIVE CENTS (ANS APPEAL FOR AID OF U. S. E WINS STEP IN HOME BU SUIT ‘WANT SURVEY OF CONDITIONS BY AMERICANS Want Hoover. to Visit Coun- try and Assist in Policies FIRST DEFINITE LIGHT French Attitude Upon Pro- posal Is Awaited Eagerly By Officials (By the Associated Press.) | London, Dec. 21.—The request {made by a German trade commission that a committee of America busi- nessman headed by Herbert Hoover jvisit Germany to undertake a thorough survey of economic condi- tions that would be used as the basis of a new reparations treaty, was seen here today as perhaps the starting point of the flock of rumor as to'American intervention in tho reparations problem r | Great Britain, it is semif@gin lly learned, has informed the@ 5 can state department of its coWQgat jto such a plan. The British govern ment's message sent in response to an inquiry from the United States, it was said, is expected tobe follow- |ed by the assent of France, to which |the American government also com- municated the German suggestion. i The Germans propose. that ths {American comm’ssion determine the jextent of Germany’s ability to pay jand assert that they would agree to meet this amount if France and jGreat Br:tain approved the plan. To this end Secretary Hughes opened negotiations, with the London and Paris government's. SHEDS NEW Washington, Dee, 21.—German ov- jertures. through informal channels |for American intervention to obtain {4 revision of German reparations schedules, reported in London dis- patches of \ The Associated Press | throws the first definite light on the method by which American influence jis being drawn into a new attempi ar final adjustment of the vexing re parations problem. The next step to be looked for, oi- viously, is an indication of th French attitud’ of the German pr posal that an American econom: commission review Germany’s pr ent situation and estimate her c: ity to pay asa basis for a nev |money was available acted as a sta-|P#rations treaty. sets There is reason to believe ini spots where credit was tightest. The | loans had made it possible for thous- ands of farmers to handle their pro-| iducts in an orderly fashion, it was; ; added, and the confidence instilled in} ‘them through the knowledge that said could not be estimated. “Large as is the number of ad- vances made by the corporation,” the the report said, “it falls far short of indicating the number of farmers who benefitted from them, for even those farmers who have had no fin- ancial assistance or indirectly, have s bilizer, the value of which the report previous government reneite fon Berlin are of a character to justify {hope that if the French should prove jagreeable to the proposed plan fo: {reparations revision, no insurmount- jable obstacles would remain in ine i way of an agreement as to the speci- i fic amount Germany could and would ‘LOS ANGELES before the house | court, and did not g6 to the merits of the case. CHICAGO RACE ~ RIOTS COST CITY HALF MILLION (By the Associated Press) go race riots will cost the citizens ore than $500,000 in addition to ‘their share of the expense of main- [taining 6,000 state troops on patrol ere for nine days, it was estimated oday. Eighteen death claims, aggregating 1,000 were approved yesterday by i | $8: jthe city council’s finance committee. | |The city previously had paid $20,000 Chicago, Dec, 21—The 1919 Chica-| |. Marion, IIL, Dec. 21—A. W. Steel, {foreman of the electric power house which is located near the barb wire fence, where fourteen bodies were jfound after the non-union miners} had been marched from the Lester “strip” mine the morning of June 1 22,'was the first’ witness at the ; Morning session. He said he observ- ‘ed a crowd near the house between {6:4 and 7 a, m., and then saw two ;men, one of whom he believed was Hugh Willis, mine union official, drive yp in an automobile. | The witness sai the crowd, after | waiting about 20 minutes, went to | the edge of the woods and he heard | several hundred shots. Later, he added, he went to the ‘woods and found the bodies. He !said he could not recognize any one ‘in the crowd and had not seen any of them since. i} i i | i | Mr. Hays. {for five other deaths. H (By the Associated Press.) |. During the riots, according to an; Marion, Ill, Dec. 21—State coun investigating commission, 543 were! se] expressed the hope that today njured, 178 white, 348 negroes and | would mark the completion of the Thirty- |tained judgments amounting to $11,- $30,000. |" On the basis of $4,500 for each ‘death ,recommended by a council ‘committee, the 15 death claims un- isettled would cost $67,500. Bills appro: been paid for maintaining regular police during the nine days, trans- porting them in taxicabs and feeding lice was about $144,000, The sheriff's office spent $10,215 for extra dep ties, The state’s attorney's office in- ‘curred bills amounting to $67,376. {Damage to property was not included lin the estimate. | pUssyFooT JOHNSON TO SPEAK AT MEETING (By the Associated Press.) Des Moines, Iowa, Dec. 21.—W. E. (Pussyfoot) Johnson will be a speal er at the meeting of the Iowa An saloon League to be held here Jan- wary 36, it was announced. He will stop here enroute home from New Zealand, | - a i 375, It was estimated that the re-!° "p00 Survivors of the riots: tes-| ating $78,660 have! i states. direct testimony at the trial jin connection with the Herrin riots jof last June, Judge D. T. Hartwell said there would be no court sessions Saturday and that adjournment would be tak- 2 over the holidays. i When court’ reconvenes after the | holiday recess the defense is ex- pected to start the introduction of testimony designed to prove alibis for all of the accused. THAT'S FINE! The Bismarck Tribune, Bismarck, North Dakota. Gentlemen: Since I told the chil- ;dren of Bismarck that they coula write me at Bismarck, N. D., I have ‘hed over five hundred letters. You are a good advertising medium and I appoint you the official Santa Claus paper for North Dakota. SANTA CLAUS. en Fridsy afternoon until Jefiary | or of complete oblivion for Arbuckle. | 'LADY RHONDA GETS DIVORC London, Dec. 21.—Lady Rhondda, iwas granted a divorce today from) | Sir Humphrey Mackworth on grounds | of misconduct and desertion, The! | suit was not defended. cee: Lady Rhondda, formerly a militant | |suffragist, and for some time one) lof the leading figures in the Brit business world was denied a seat in the house of lords last may after a long fight for admission. Last March |the Lords committee on privilege: igranted her petition for a scat but) | on reconsideration the committee de- | ‘ gided he claim had not been estab-/ lished. | Lady Rhondda is the daughter of | the late Viscount Rhondda, food con-, troller during the war. She succced- ed him in the direction of many of his large business enterprises. } ‘THREE ASPHYXIATED * Sioux City, Iowa, Dec. 21—Bodies of three men asphyxiated by eas were found in a house here last night. They are believed to have been dead since Monday. nevertheless been aided by the ger- ral improvement in the credit situa- neighboring districts, 2nd in ‘the country as a whole, as wel] by the | AGAINST ARBUCKLE. | The report added the gradual de-| STOR ii | oblivion” as far as the public is con-'¢o, Ioans further reflected the gen- Y GHTLY jeerned is demanded for Roscoe Ar-/ era) benefit which the corporation's | eee ment today by the Fifth District tural credit situation. Advances for| Los Angeles, Dec. 21.—Los Angeles i Federation of Women’s, Clubs. A agricultural and livestock purposes police placed little credence, they | Will Hays, chief of the motion pit ‘been approved up to November 36. of Toledo, Ohio, by John Marazino |ture industry, and Jesse Lasky, head O¢ this $182,859,000 went to 4,400 that he knew who killed Wm. Des- tributed the Arbuckle films. 1113 livestock companies, and $172- ‘here last February 1 and that be- —— 827,000 to 32 cooperative marketing | cause of his knowledge his life was FEARS PUBLIC ; ——_ | Records showed Marazino was un- | general public would not support Ar-} ;known to the Los Angeles police de- |buckle films, by Mayor H. W. Gear.| Heart Throbs id Police to sidered the theory that “a drug ring” |“comeback’ offered Arbuckle. was back of the Taylor murder but Dean H. F. Kloman, president of ; jfor the lack of corroboration. jof Churches also said he was in fav-/ New York, Dec. 21—Harry Sin-t lary ‘suspect, has been identified by his heart throbs, in their own communities, in stabilization of markets for the | Minneapolis, Dec. 21.— “Complete! crease in the number of applications | j buckle, film comedian, in a state-| operations have had on the agricul- | (By, the ‘Associated Pleas) leopy of the statement was sent tu totalling $433,447,000 in 37 states hat | said, in the story told the authorities of the company which formerly dis-|banking institutions, $77,761,000 to) mond Taylor, motion picture director ! associations. jin danger. Hope was expressed today that the! jpartment. Officers said they had con- tey of Fargo when informed of the! Identify Suspect !nad abandoned it many months ago ithe Fargo and Moorhead Federation | clair, arrested last night as a burg- Thinking the prisoner's description tallied with that given by Dr. Henry Moeller of the man who last Sunday night entered his office as a patient and beat and robbed him, police sent for Dr. Moeller, assisted by his son, also a physician, Dr. Moeller examin- ed Sinclair with a stethoscope and declared the prisoner’s heart beat was the same as that of the man he examined in his office Sund Sinclair, who said he was an ac or, was identified also by Dr. Moel- ler's two daughters, Mita and Mari as the man they saw in their father's office Sunday night. AUTO OWNER IN MOVIE STUNT Seattle, Wash., Dec. 7 Pherson of this city cranked hi tomobile, forgetting that it w: low gear. When it started he ed the radiator and rode nicely until another car struck his with foree enough to knock him off. Two wheels of his. own over him, after which he ju leaped into it, seized the straigthened her out, and dr: cheerfully unhurt, ac- au: in passed ped up, MRS. BRUNEN WINS FREEDOM (By the Associated Press) Mount Holly, N. J., Dec. 21.—Mrs. Doris Brunen, acquitted by a jur yesterday of complicity in the ing of her husband, “Honest John T. Brunen, was at her mother’s home in Philadelphia today resting from the ordeal of her imprisonment and trial. Her borther, Harry C. Mohr, tried on the same charge, and found guilty of murder in the frist degree, remained in jail awaiting further action by his counsel, who gave no- tice of a motion for an appeal. The} formal motion will be made on Jan- uary 9, the date Jutseice Calisch said he would impose sentence, In returning its verdict, the jury re- commended that Mohr be sentenced to life imprisonment, but the court leave no intimation as to whether ne ‘would accept the recommendation. | The date for the trial of Charles {M. Powell, confessed slayer of the circus man, has not been fixed. As the prosecution’s chief witness, he testified he had shot Brunen at the \instigation of Mrs. Brunen and Monr. He was promised $1,000 for killi him, Powell said, eee .