The Bismarck Tribune Newspaper, March 9, 1923, Page 1

ee, WEATHER FORECAST. Fair tonight and Saturday, Rising temperature Saturday. — ‘ THE BISMARCK TRIBUNE LAST EDITION ESTABLISHED 1873 ENGLISH MERCHANTS PROTEST OCCUPATION MURDER GASE NEARING JURY IN COURT HERE imir Schneider’s Fate witt| Rest with Jury Before Day Is Finished Ka ATTORNEYS ARGUE Defendant on Stand for Cross-| Examination Four Hours | Before State Rests i t oP { Arjumnent in the case was still | in progress at 4 o'clock this afternoon but it was expected the case would reach the jury | hefore 5 o’cloc Kasimir Schreider’s fate wil! rest: with ‘y in district court | this afternoon. H Final arguments before the jury and instructions of Judge Janson- } ius were expected to be complete | during the afternoon, and the Jury | sriven the case. With the testimony anita y afternoon in the case in; which Schneider is charged with | first degree murder by poisoning } his wife, Amelia, who died here; st June 15, States Attorney AL) len for the prosecution and C. F. Kelsch of Mandan for the defense laid their case before the jury. | | Norton, for the defense, j opened today’s argument ta the; jury, with John F, Sullivan, special | itor, to close the _ state’s . for the maximum punishment under the law, which is life im-+ prisonment. t the conclusion of Schneider’s cross-examination, which — lasted for more than four hours, the de- fense rested and the state conclud- ed its testimony with rebuttal wit- nesses. States Attorney Allen, opening | the argument, declared the elimin-| ation of all theories in the case of Mrs, Schneider, who died in her bed in her own home, left the stain | of guilt on Schneider's shoulders. | It was established without doubt, | id, that she died of arsenic | poisoning, either by suicide or by| neider’s administration, . There evidence of suicide, he bit of evidence being t this theory. Experts tes-; he said, that the lesions found on.the walls of the stomach were such as to show that the pai-! son was administered over a per-j iod of at least two or three month: ‘The only deduction, was that Sch-, neider poisoned her, and the tes timony of many witnesses support- | ed the theory Buaicient to convince | Discus: Cc. F. Kel: too much credence in circumstan- tial ev! idence, relating to the jury! the story of a man whom he saidj from! was nearing the gallows | stronger circumstantial evidence; than had been produced in this; a when it was discovered he} was innocent. Every action of Schneider, he asserted, had been that of an innocent man, and an} eight-hour. third degree by auth- orities shortly after the woman! died, failed to shake him. The States Attorney in his ar-| gument, which gecupied an hour,| declared that it was impossible that Mr. Schneider had committed | + suicide, because it was shown she| was happy and because it was un- thinkable that she would have in- troduced poison into her body over a period of two or three months in an effort to take her own life by degrees, He dwelt upon the testimony ‘of Joseph Schwan and other wit- nesses, declaring that Schneider’s explanations in many __ particulars were contradicted by 15 witnesses. Mr. Kelsch, speaking for an} hour and a half, declared that | Schneider’s admissions throughout | were consistent with a state of in- nocence. The Coroner, he ‘said, was not suspicious at: the time of Mrs. Schneider's death. Later! he talked to Joe Schwan and then changed his mind, the attorney: for the defense argued, asserting | that “Joe Schwan wanted to'put a; guilty conscience on Schneider. | He declared “that’s why the med- icine cabinet pf Joe Schwan was not produced.”\ Given Third Degree, he Says Schneider, he asserted, was questioned in the office of ‘tormer States Attorney McCurdy on Jurle 5, 10 days after the woman's! death, from 11:30 a.-m. to 7 p. m.| The justice of the peace called in! a reporter to take down all testi-| mony, he said. “They haven’t shown that that man they kept their for hours without anything to eat or drink; made one guilty statement—they haven’t shown one time he lied,” Mr. Keslch declared. “There was Chief Martinson who caught the alpyer of the Wolf family; there was the shrewd jus- tice of the peace. . “Where is the guilty man who could defy a third degree like that and then come out without making a single false statement?” he ask- ed. “A man’s conscience must be feat to stand against a thing like at.” He declared ‘that while the weeping. mother of the dead wo- man was in the court, the testi- mony showed that Kasimir Sch- (Coftinued on Page Three.) a \ BISMARCK, NORTH DAKOTA, FRIDAY, MARCH 9, 1923 LUCKY KIDS! |. UNDERWORLD “ACTION UPON dees a a a a eee el : Pinchot’s Son Has Private School and Gover- nor Pays Bills for Playmates GIFFORD PINCHOT, JR., (IN FOR ROUND) AND HIS SCHOOL. DOING A “PLAY-LESSON DER INSTRUCTION FROM ELIZABETH LAVELLE IN TE PINCHOT HOOL OF ‘fl: Cag DEMOCRA- ‘ By NEA Service | expenses including salaries of al Harrisburg, Pa., March 9.Two} Elizabeth Lavelle, Giffy'’s gov neat schools of democracy ist here. |who runs the school, and H One is in the capitol, where ford Pinchot, Pennsylvania governor, works at a desk in guarded reception room with sign beside the open door: ernor’s office. Walk in. Hours, to 12 Daily The other is a real school, seven-year-old Gifford Pinchot, Jr and young Steve Stahinecker, of the governor's secretary, are be ing educated in democracy and other subjects along with children selected from all walks of life in Harrisburg. The school Mrs. ‘Pinchot’s idea. She leased 12-room house and turned it into a te school. ‘There is no tuition; she pays all the INVITE LEGION HEAD TO N. D | Alvin Owsley Urged to Speak at Teachers’ Conventions new an un this Alvin Owsley, natfonal commander of the American Legion, has been in- vited to speak on “American Ideals” lat the convention of \ie southeastern district of the Stqte Educational as- sociation, to he held at Jamestown April 12 and 13, it was announced to idiy by Miss Minnie Nielson, state superintendent, Effort also would be made to have, Mr, OwMey speak at Minot on the northwestern district j teachers’ convention, which meets April 13 and 14, Ainong the edueators already se- lected for prograiss of the conven- tions are Dr. M. V, O'Shea of the University of Wisconsin, who wil) appear at the Jamestown convention, ant Dr) Macy. Campbell, of the Teach- ers, College, Cedar Falls, Ia., who will speak at the Minot convention. Bridgeman Heads Dairy Association Fargo, Mar. 9—Officers elected at the closing session of the annual ‘meeting of the North Dakota Dairy- men’ Association yesterday are: R. F, Bridgeman, Grand Forks, President. Franklin Page, Hamilton, Vice- President, W. F. Reynolds, Bismarck, Sec- retary. “ E. S. Person, Minot, Treasurer. Professor J. R. Dice, S. C. Crabbe, Fargo, and W. F. Noonan, Oakes, were chosen members of the board of digectors. Among. a large number of resolu- tions passed by the convention one condemned the action of the state house of representatives in the re- cent legislative session for elimin- ating the appropriation’ of $10,000 for a dairy building addition at the action of the house.was character- ized as “false economy” and a di- rect setback to the promotion of the dairy industry in the state. TO BUILD D LARGER. SCHOOL Linton, .N. D., March 9.—The local school board is sounding out senti- ment this week for or against the proposition of adding two more #tor- ies to the new school house. It seems the recent legislature fixed things.so tht the district can’ levy enough now’ to build the entire building. When the project was be- gun, only /about $25,000 could be raised: Hence, one story of a lar- ger proposed building was undertak- en, It is probable that this summer, will see’ the ‘rest of the project un- dertaken, |All a where | nine; , including children of two ma-} between the ages of six and boys and a detective, a hinists, plumber, a merchant, stare employe. “Children ‘were sclectéd by mental and other tests,” said Miss Lavelle, eration of each child cKaracteristies and en- “and on cons individual ergy.” YOUTHFACES GALLOWS WITH FIRM COMPROMISE Fort Madison, Ia. Mar, 9—Calm and composed to the last and with- out a word of regret on ais lips for the crime he had committed Earl; Throst, young Allamakee county | farmer, mounted the gallows in the | prison yard here tais morning with fa steady stride and was hanged for the murder of Inga Magnu county school teacher, who him down.” Sheriff Ben A. Davis of Allamakee county pulled the lever at exactly 7:30 a, M. TWO YOUTHS ARE FLOGGED Tulsa, Okla., Mar. 9.—The floggers of two 17-year-old youths, who were seized last night and taken to a grove outside the city, where the lash was applied to their backs were being sought by officers today. The victims of the floggers were George Price and Fred Sanders. MANY INQUIRE OF N. D. CLAY Many inquiries are being received ! concerning North Dakota clay, Dr. J. H. Worst, state immigration direa tor, said today, A booklet now in course of preparation by the depart- ment, will include salient facts zon- cerning the development in the brick and tile industry in the state, and the opportunities offered in that line, Dr. Worst said. Seeping Water Puts Out Light New England,N. D., March 9-—- Water seeping into a local coal mine from flood stages of the Cannon Ball river caused cessation of all mining and a serious shortage of coal here. Inability to get fuel caus- ed the local electric light plant to close down, for 48 hours, urned ‘ATTENDS ‘FEDERAL COURT Wilton, N. D., March 9.—S. R. Livergood has gone Monday morn- ing-for Alexandria, Minnesota, where Federal Court is in session this week, Mr. Livergood is a witness in the Brooks, Underwoods case, the Soo brakeman killed by falling from a box car in the Wilton yards early in the winter. ‘Christina Kostenko, who was an eye witness to the ac- cident is also 4 witness in the case. five | ASK COURTS FOR RELIEF Object to Having Their \ Places Guarded By Police /WAR UPON VICE ! Chicago Police Conti inue to; | Watch All Places Under | Suspicion | Chicago, M against dered by Chief of that the front and rear of 9.—The lizkd ad Police Fitamorris placed uniformed policemen at all known dis rly houses today bid fair to hai 4 sequence in the courts, some pro- prietors of alleged disorderly houses mpd er: gn commer ord alread having sought injunctions to prevent police from guarding ‘their proper Antic injunet ing a general demand fo! ns the city legal depart ment was preparing to draft answers | to ull petitions for injunctions as, soon as the bills are filed. While the number of places under, wateh had gradu day to a total of 113, including three “downtown hotels and many in the} outlying districts a general exodus) from disorderly houses was noticed | tin some parts of the city. Police | were withdrawn as soon as the in- j habitants moved out. PUBLISHER OF ST. PAUL DIES /L. V. Ashbaugh was Pres-' ident of Cloverleaf Publications Paul, Mar. L. V. Ashbaugh, publisher of the St. Paul Daily | News died at his home here yesterday. | | He had been in ill health for more , than two He was 57 year | old. | Mr, Ashbaugh was chairman of ; the board of directors of the Clover: | leaf publications, which included) the Omaha Daily News, St. Paul Ru- | ral Weekly, Minneapolis Rural; Weekly and the St. Paul paper. | | Trowbridge, Columbia graduate, who! joined the Pinchot entourage last! summer as a tutor, Ten children ns | schoolmates of Gift al picked from. public lists. | St. ZAP MINER HAS | Detroit, Mich. Mar, 9—All credit- NARROW ESCAPE! ors of the Wincoin Motor Company. Zap, N. D., March 9. 9 ‘ were being made late to —Jack Weiler,! at a recevicrs’ BANK CHARGES NEARS END. Former Scandinavian - Amer- | ican Officials Fight In- dictments of State ATTACK PROCEDURE| | i Likely Jydge McKenna Will! Take Matter Under = | Consideration | | Final arguments] y in Ca: county district court before Judge McKenna of Napoledn on a motion ; to quash in’ indictment containing mints against H. J,( Hagen of Seattle. one of a number of de- fendants alleged to be involved in the failure of the Seandinavian- American bank here Arguments for the defense we presented by Judge W. S. Ls ander nd Charles Wolfe of Wahpeton,! nd former vernor John Burke Attorney-General George of Bismarck and William C. ¢ of Fargo appeared as attorney ‘the state. In the arguments of defense it was claimed that ‘the statute gives! Virginia Lee Perry the Attorney-General no right to| City, is regarde go before grand juries in an, ils | visiting in Wa Fargo, Mar, 9. en for city’s me vestigation except that from prohibition cases. It i sought by testimony to show that ‘FOUR BABY BOYS a former Attorney-General — and} several of his assistants had ap-j | peared before the grand jury in the! | Present case with testimony. Other contentions were that the; j manner of obtaining the indict-! ments were improper and that the fappearance of a witness, Arthur! Le Sueur was likewise improper, | It is likely that Judge McKenna | will take the matter under advise- ment for several days. ‘ALLCREDITORS. CF LINCOLN: MOTORS PAID {Ford Takes Step Although Not Forced.To Do So By Terms of Sale BORN TO MOTHER OF 20 CHILDREN n, W. Charlesto Va., Mar. 9— The mother of 20 children at the Homer Mc- Fy ria r age of 37 years, Mrs, Mann of Delburn, Green county, today was making ant fight for life, while near her were four boys, born this morning. Each of the quartet hed e and pounds at birth and all w ably live, the attending physician Grave fears were enter- thined for the recovery of the mother. ‘There were thre twins among the 20 children, onc each of the twins having died. There now are 1 living children, including the latest born. “THE SHIEK” OF SILVER SCREEN TO WED AGAIN sets of ‘ purchased |i ar by Henry Ford le have been re- teal coal miner, narrowly escaped | imbursed in full by Mr Ford. it was death (when following his setting/ officlally “announced today. They wh jand lighting shots of dynamite in aisum needed to pay all claims in] picago, Mar. 9 eae ‘local mine hes tumbied and fell] full was approximately $4,000,000. , cbleaeo aBer Sih egal ae while running to a place of safety.) Mr. Ford took the step, 1b W238 or eee eee eens tea |He was rendered uneonseious when | nounced, despite the fact he was| cron. and. at. present appeari jin falling his head struck a project-| uot required to do so under terms] jive in a. dane Ba eat |tion on the mine wall and while in} of purcha See TE Mie enauaineerts "Mis ‘this condition was nearly buried be-| CONTE TAN Ea HE CEs ate neath heavy masses of coal loosened | MeL MET TE ERIE MISHGR SCOT TTRGHTR iby the powder charge a few minutes j ‘ater, n, the | ‘PARIS STANDS FOR U, S. P ACT! More Than Twice Amount in Paris, Mar. 9.—The government's naval program was introduced in the Chamber of Deputies today by | Minister of Marine, Raberti with the remark that the program was “con- ceived within the framework of the government can not stronger ap- prove of its intention to obtain its | 1 ! i i i | i ! ratifiestion.” i Carson, N. ‘five commissioners’ districts instead | {of the present three will be one ofthe cslass one carriers, this group the chief points to be discussed at a} called meeting of taxpayers to be iheld here March 10, Various other, points relating to reduction of taves within the county will also be dis- TURKEY HENS SURVIVE 18-DAY BURIAL IN SNOW | 4 Shields, N, D., March 9.—Turkeys |’ raised by Wm. M, Moore, farmer, near here—mammoth bronze variety days after the terrific blizzard o February 18. Moore’s son and 2 neighbor boy playing in a snow bank near the Moore home uncovered a turkey hen that had been frozen in. Released from the crusted snow she hurried to the barnyard’ and food. Later another turkey hen, also missing since the blizazrd, was dug out of the same snow. bank, very much alive and very hungry. WRIGHT, OAKES POSTMASTER Oakes, N, D., March 9.—Word has been received here that the ap- pointment of Alex R. Wright, form- erly editor and. publisher of the Oakes Times, to the postmastership of Oakes was confirmed by the sen- ate ‘shortly before its sajoorn tps No announcement has been madé at to when he will: take over the ‘office from M¥s. Jessie ‘M. Hamill, incum- bent the last four years, earnings during January were more than twice those in January, 1922, according 8 | made public by the Association of FIVE DISTRICTS, 0" sco.st.100 again 528,286,000 ; GRANT co. PLAN! year and represented tion’s statement s: 16.64 per cent annually on the value D.. Mai March *9.—Redis- | 9 fproperty investment in transpor- tricting of Grant County to create} tation service. {from a record breaking increase of business given the railroads during cussed, ithe month. |—are tough birds, Sunday, eighteer |. ‘EARNINGS OF Information was re 1 from Los Angeles y said, ae 1 9 Aakeee and that it vontinite naa of record Monday “It will be a quiet little affair,” Valentino said of the second mony. January, 1922,' Report Shows oe Sir | The Weather | ee ere For twenty-four noon tod: Temperature at 7 a.m... Temperature noon Highest jay Lowest erday Lowest last night Precipitation Highest wind velocity WEATHER FOREC. For Bismarck and vic tonight and Saturda Rising perature Saturday For North Dakota: Fair tonight and Saturday; colder southeast por- tion tonight; rising temperature Saturday. Weather Conditions Low pressure and warm prevails over the Miss y while high pressure over the nor- thern Rocky Mountain region is ac- companied by moderately low tem- peratures over the W. Light pre- cipitation has occurred generally in the northern border states from Minnesota to the Pacifie coast. Else- where the weather is generally fair. ORRIS W. ROBERTS, Meteorologist. Washington, Mar. 9.— Railroad hours ending at to tabulations of inter- commerce commission reports tate ‘ailway Executives. They umounted st the associa- id, an income of The returns include practically all including the corporations which own |ninety per cent of all the country’s rail ‘mileage, The earnings resulted Isadora , Duncan Loses Citizenship Through Marriage Isadora Dunean, who says she does nct like the United States, is not an American citizen, the depart- ment of labor has decided. She lost her citizenship, the de- partment held in a decision a nounced today, through her marri- age to'Serge Essenine, a Russian, April 1, 1922. Recently on leaving the United States with her ausband the denéer took occasion to deride American institutions. After reading press reports of her opinion regarding the United States Secretary Davis of the Labor department announced that steps would be taken with a view of depriving Isadora of her American citizensaip. Today's de- cision simplifies matters. GIVES COMPANY JUDGMENT Fargo, N. D., March 9.—Judge A. T. Cole recently filed a judgment of $14,421.32 against the Equity Co operative Packing company of Far- go, in favor of the Northwest Audit company of thi The audit company sued for $ 000, ‘the amount of notes given the company for an audit of its books, and secured by a mortgage on the plant, and interest. The court gave the packing company a total allowance of $2,500, making the au- dit company’s judgment $12,500 with interest, totaling $14,421.32. The case was tried before Judge Cole last fall, but the filing. of judg- A tall girl is handicapped ‘because tte haa to stoop over before a man|come of plans to liquidate the pack- can make her kiss him. ing company’s obligations. KANSAS C ITY’S PRETTIES daughter of Mr. itnd Mr vst beautiful | KOPRIVA CASE FALLS FLAT ON JUDGE'S ORDER Kansas 5 now Declined to Jury | Francis Murphy Proceed as a Case ' = TO REINSTATE OFFICIAL] | Judge Burr Will Sign Order Restoring County Auditor To Job Crosby, N. D., March vemeval action against Charle Kopriva, former auditor of county, fell in district court here this forenoon when — Attorney ancis. Murphy of Minot ap- red as counsel for the state, de clined to proceed with the presen- tation of evidence after Judge A. A had overruled the state’s contention that Kopriva was not entitled to a jury trial. y had beer » Kopriva Burr announced he order renistating cffice. SENATORS CALL FARM CONFAB Ladd and Others to Dis Farmers Problems impanelled Judge hington, Mar. 9A group of tors and representatives from id southern at a conference be called by the Farmer National Council, decided to join in an effort to get existing gov agencies to ance to fa and ‘upper, Republican, Kan s sel ed to ve for onfer with the W! ance Corpor- ation, the federal farm loan board and Secretary, Wallace of the agri- culture department. In addition to Senator Capper those whose attended today’s meeting were Senate Dakota; Brookhart, , Texas; Gooding, Idaho; } kota and Hef! Alabama Ss: elect Wheeler, Montana and May field, Texas, and Representatives Sinclair, North Dakota and Huddles- ton, Alabam: PRESIDENT PLAYS 36 HOLES OF GOLF Vero, Fla., Mar. 9.—Thirty-six holes of golf, one round here and another at Fort Pierce, appealed to President Harding today as he be- gan the fourth day of his Florida vacation trip. The most golf the ex- ecutive has been able to get in here- tofore in one day has consisted) of eighteen holes, Herrin Riot Suspect Shot By Miner West Frankfort, Ill, Mar. 9—Con- stable John Kelley of Ziegler, near here, one of the men under. indict- ment in connection with the Herrin mine _killings, was shot and kiNed shortly before last midnight by. Dan Davis, a coal miner. ~~ e He fairs in the Veterans Bureau. PRICE FIVE CENTS [FRENCH COUP HURTS TRADE WITH GERMANY ‘In Cologne Area Customs Ar- rangements Puts Business at Standstill | RELATIONS STRAINED at Britain May Be Forced to Withdraw Her Troops From Zone London,” M The outery of British merchants in Cologne against the Franco-Belgian customs barrier around that athers strength daily. The ¢ complaint is that British trade with Germany is be- ing strangled and is almost at a standstill, The British Chamber of Com- merece in Cologr received its protest to the London government uinst what it regards as an at- pt to blockade the zone. t there ulso is some It seems resentment over the action of the French «and Belgian troops in completely sur- rounding the British — bridgehead which has made it impossible for the English to move eastward) without obtaining permission of the military ¢ t. There reports that relat Jirceaeen bone posts and the Bri are none too friendly Some of the newspapers vived discussion of the withdrawal of General Goldley’s troops. It is said that the German population in the Cologne district believes this step to be imminent. On the other hand the Cologne correspondent of the Daily Mail which is practically the only London newspaper supporting the Fren +h says the German propagandists are attempting to create dissension be- tween the British and the Ruhr al- lies, He insists the British traders:® are overdoing their complaints. sh have te- possible ROUND UP DISTURBERS. : Mar. French troops have again been withdrawn from Dort- mund which was occupied yesterday, for the purpose of rounging up all members of the di#banfed security police still at large. Twenty mem- bers of the security force were rested and expelled with a warning not to return to the district. This move was part of the Franco- Belgian program to ride the Ruhr of me 10,000 security police who have been a constant source of annoyance to the French forces, doing espion- age work and spreaing propaganda and otherwise hindering the French and Belgian military forces. SEIZE FORESTS , March 9.—State-owned forests extending over 86,485 he have been seized in the oc- cupation zcne of the Rhineland and Ruhr, according to a state- ment before the budget committee of the Prussian diet by the social- ist deputy Peter Kochin. This total, he said, included 34,- 944 acres of Prussian forests. RANCHER IS HELD LIABLE Federal Court Verdict Di- rected for Bank Be! The Dakota Trust and Savings Bank of Sioux Falls, $. D. today was awarded judgment for $4,315.50 against Carl Sieverts, Dunn County rancher, in the federal court, ver- dict being directed after most of sterday and this morning was consumed in evidence and in argu- ment on the law. The defense claimed that tae notes purporting to have been is- sued originally to a South Dakota bank were not valid obligations, the plaintiff claiming that the Sioux Falls trust company was an inno- cent holder of tne negotiable notes. Judge Miller directed a» verdict, holding that the weight of author- ity and evidence was with the plain- tiff. The case, he said, was brougat under a North Dakota statute and the rule of the North Dakota ‘su- preme court in a similar case was held by him to be the proper rule in the case before him. CQL Robertson : Selected For, Education Post C. L, Rebertson, now state high school inspector, will succeed E. J. Taylor as deputy state superinten- dent of public instruction at the end. of the present school year, State Su- perintendent Miss Nielson announced today. Mr. Taylor resigned to ac- cept a position of supreme court a brarian. O’RYAN WILL AID COMMITTEE Washington, 3 Mar. 9.—Major-Gen- era} John S. O’Ryan of New York, who commanded the 27th division in France, has ‘been’ ‘fetained . as counsel by the special senate, coni- mittee whica is investigating af- ae