The Bismarck Tribune Newspaper, April 12, 1923, Page 3

** from Ludden toward six miles of road grading and gra- vel. sur’ ng from Ellendale south on Sunshine Trail. i May 12that Forman, Sargent coun-|; ~ THURSDAY, APRIL We have them, lots Sport Suits and Business Suits, all the new colors and mode $35-$45 Tailoring. MILLION AND HALF IN ROAD q WORK PLANNED {Continued from Page 1) miles of grading cust and west of Edmo May Ist at Towner, McHenry county, five miles of grading from Velva northwest on North Star Trai 2nd at Linton, Emmons coun- » ten miles of road grading from asburg to Hull, ith, at Napoleon, Logan coun- ty, nineteen miles of road grading y redonia and Gackle. t Finley, Steele county, ading from 7th at Cooperstown, Griggs eleven miles of gravel sur- west of Cooperstown. Also six miles of road grading from Han- naford south, May 8th at Valley City, Barnes county, three gravel surfacing jobs ng sixteen miles east and west alley City on Red Trail. Also ten miles of road grading running from Rogers north through Dazey and nine of road grading south of Valley City near Hastings. Yth at Lisboti, Ransom coun- ty, ele en miles of road grading from Liybon east. y llth at Ellendale, county, eight miles of road Ellendale and seven miles of gravel surfacing Cogswell and Milno: May 14th at Ashley, MeIntosh county, nineteen miles of road grad- ing from Danzig to Wishek ay 16th at Lakota, Nelson coun- ty, nine miles of road grading from Pekin south and eighteen miles of ‘grading from Lakota south, May 17th at, Minot, four r for 2 ‘d_county, ad grading projects totaling Minot seven miles as follows: north, nine miles, Minot to Mas, twelve miles, Des Lacs Valley to Kenmare, 18 miles and Berthold to Des Lacs cight mile May 18th at Stanley, Mountrail county, fourteen miles of road grad: ing from Beldon to Van Hook May 19th at Williston, Williams county, thirty miles of gravel sur- fa # from Williston northeast, May 2tst at Fessenden, Wells county, seventeen miles of road re- cighteen miles of road grading fron Dover west. Also twelve miles’ of gravel surfacing from Hurdsfield ~ north, ca ' May 22nd at Carrington, Foster county, nine miles of gravel surfae- FRIEND FOR LIFE, HE SAYS E. ‘Tustin Montague ,™ Out Gratitude To Tanlac For Full Restoration Of Health. eS 1 Summing _up his enthusiastic statement of the ibenefits he has received frgm Tanlac, E. Tustin Montague, a printer, of 20 S. 10th St., Minneapolis, Minn., made these characteristic remarks: “Tanlac 4 has well merited printed praise, and I'd be glad for my testimonial ‘to ‘be published broadcast, so everybody may know about this remarkable medicine.” . “I lost my appetite, my stomach went ‘bad, and I began to suffer a great deal with indigestion. I thought my trouble, would . go ‘away, but it got worse instead, and I was sometimes so weak, nervous and worn-out I felt like I would never get through the day, and a (rush iy the shop just left me com- pletely done up. “But since taking Tanlac I have gained ten pounds, can eat any- thing without any bad after effects, and rugh jobs are a picnic for me. ‘I used to fear I was near a break-, down, but that fear is gone now, for I am simply feeling fine. I am, Tanlac’s friend for life.” Tanlac: is for sale by all good druggists., Accept no substitute. Over 37-million bottles’ sold. Nature is putting on new clothes fresh color, new life—you’re bound to feel out of step unless you get into new clothes. just in from Hart Schaffner & Marx. S. £. Bergeson & Son construction from Harvey south | amined before the grand jury whose names \do not appear upon any of 12, 1923 “_AcoreeR RR | \ Good Clothes a Cure for Spring Fever of them, good ones. | You'll find use for a top coat nearly every day. Some good ones for | $35 Dry cleaning. ing between Carrington and Rockford on Sunshine Trail, May 23rd at Minne son county, seven miles of grading from Minnewaukan and thirty miles of gfavel sur Minnewaukan to Churches and south towards Sheyenne, New May 24th at Bottineau, Bottineau county, fourteen mil ing and thirteen miles of gravel sur facing east and west of Bottineau. th at Mohall, Renville coun: es ¢ road grad. s Viley on North S 26th at Bowbells, Burke ty, eight miles of road grading from | Fo Portal south and fifteen Columbus, ty, twelve mi of Crosby and twelve vel surfacing near C: cast and west of Noonan, at Cando, Towner coun y, fourteen ee Ellsburg w TOWNLEY, MANY OTHERS WERE | HELD TO TRIAL’ (Continued from page 1) is not th indictments be in but to see that stigated fairly, d and without preju- urt stated, “and with d to the rights of the pub- ed, lnder“suspiek moe rime has no | BRING CHARGES He is not permitted to the evidence against is not permitted to off his own behalf. ubpocnaed and a defense, or to be rep! counse he grand. jur. ceive none but legal eviden the best evidence in deg exclusion of hearsay o nore » and to the ondary evidence, and it is their duty to all evidence submitted to d when they may have re: son to believe there dence they-may orde' to be introduced. proceeding is not lik ination befor gistrate yho mays bi unt over for trial if there is ause, ‘The grand jury dictment only when all the evidence sbefore them ta together would warrant a con’ tion by a trial jury. The ¢ y ne Holds Position Untenable “Counsel for the sta even if the testimony in the cases at bar, was taken ‘en m and considered by the grand jury ‘en even if it was highly al to the defendants and each of them, and even if. it, con- stituted misconduct on the part of the grand jury, yet that it cannot be taken advantage of because it is not one of the grounds for setting side an indictment enum ted in Section 10728, and they cite as au- thority, State v, Tough, 12 N. D. 429, and State v. Longstreth, 19 N. D. 268. ‘ “It seems to the court that this contention is hardly tenable. There must — nec ily be numerous grounds upon-which the court would in the interests $f justice and the exercise of a sound discretion ‘set aside an indictment though -the ground for quashing it were not set out in the statute.” The next. question discussed by the court is: “Should the indict- ment be set aside because the names of all of the 43 witnesses examined before the grand jury were not in- dorsed upon each indictment?” “The laws of .the state of North Dakota, upon the question of in- dorsing names of witnesses, exam- ined before a gran jury, upon: in- dictments returned‘ by the grand jury, is véry clear and_ specific,” the court said. 3 The court found. that all of the names of witnesses were not-on the indictments, and that this was ground for -quashing . the indict. ments. Witnesses’ Names Not Given The next question considered | was: “Fourteen witnesses “were ex- : = F z 3 = 2 FI 5 3 (VUW’!'TUT!iTTZVTTTTiiTT TAMA TMNNEE | Cnee in the matter. miles of road grading neat c miles of | investigation gravel ,surfacing east and west of | attorne at Crosby, Divide coun- f road grading west iles of gra- and also} although the indi les of road grading! yj Was not | declared. THE BISMARCK TRIBUNE j invalidated?” whose name indictments, are given as follows Solen Crumb, H. W. McArdle, Sve bjorn Johnson, J. H. Newton, § hkowitz, AL He Bergeson, Heb Iver Fo: Olaf Hendricks um, W. Hamm, “It is the opinion of the cour the memorandum opin ues, “that it was al error to omi wit motion of the di ground be allowed The next que: of the indictments?” at withes: ndant, F. thro, quoting thé s poena bh stand, The court held the name of th eneral should have ap fon the indictments. he court then stated th jing held the indictments inv Twas not neces: {questions in the ¢ wlidy i the supreme court for review. Mr! Concordia College: W Airkeart ; Sey Shafer talked with George A. Patsss! protecsor Agricultural Colleges | Mrs. W. C. Gehrke of Grand Forks, special assistant h'°! aitey rent Yai ' ritorney-general, over the Tongais-| 2 Allen, President State Texchers'! Claimed by Death fance phone concerning the case. It) gray Superintendent North Dakota] dirs, Rose Julia Gehrke, wife of W. is probable there will be a confer-/ paytist: Convention. C. Gehrke of Baldwin, } _ | ‘The Committee will conduct al yesterday. afternoon nt sion of Fudge Wakeina Pere cj | campaign of publicity to sequaint| tu local ‘hospital as 4” resull. of [fee a Judge McKenna brings up! tye church and public school leaders} hood poisoning. Mrs. Gehrke who wi nuMbervef, tinportants quostions,| wih the general’ prineiples involv-| yer ug reneees ase made ane whieh have never been decided be-) ep and endeavor to secure’ the enact: | teytaert hee The ¢ | die ‘and jury action cd by the arrest of J. formerly active in the } Bilt ague and the Seandin {American Bank, who was arrested in | California -|Ko, A spe county on appli ttorney Green of ©: corge Bangs of ted at the grand a special ass William ©. county. intere The indictments grew chiefly of alleged fraudulent — tran in the Scandinavian-Americ y-wene | represented ( ments touched ta A very jolly time was had at the }so on relations with the Bank of! Lincoln club meeting at the Wach- -| North Dakota, jter school last Friday evening, j when a dozen of the girls arrived LL i; ¢ rks, April | Bang: special a. j general, after confer ney Ge | phone, said steps would be taken im mediat@ly to have Judge McKe deci the Seandi {re tant —attorn ng with a's wian-Ameri iewed by the supreme court. prepared to say, howeve ‘whether this | JURY REQUIRES | (Continued from Page 1) | J. W. Jackson, a native jpare Tabert’s body for burial, | “Deep gashes produced by Higgin- ; botham’s lash covered Tabert’s body j from head to below his knees,” Jack- son told G. Grimson, state’s attorney of North Dakota, who is here as- j sisting the prosecution. i Beat Him On The Head | “There were also many scars on | the head where the whipping boss |beat the youngster with the butt ‘end of, the whip,” Jackson further ‘and examined | wounds. Ninie Bell, of each of the many Florida, al ja former convict guard, told Attor-| iney Grimson that he witnessed the | whipping of Tabert, which he said |“was so severe that it was in his ‘opinion that it was the direct cause \of Tabert’s death.” 5 | “I counted a total of one hundred nd seven lickg administered by Higginbotham,” the witness told Mr. Grimson, “Tabert was lying on the j ground and Higginbotham had his right heel pressing on the —boy’s neck, which resulted in , Tabert's face being pushed deep Mto the sandy ground. After the whipping boss finished [ examined the youth and found that his nose was broken and his neck bleeding as the result of the pressure of Higgibotham’s heel.” TABLE BILL Tallahassee Fla, April 12.—The house today tabled a bill by Rep. Ira Call which in effect would have paved the way for a change of venue in the case of Walter Higgin- botham, Dixie county convict boss, jcharged with murder in connection with the death of «Martin Tabert of North’ Dakota. TOO LATE TO CLASSIFY - FOR SALE—Registered horse. Write Clark, N, Dak. Belguim J. E, Novak, Ft. 4-12-2t FOR SALE—One 5 passenger Stude- baker four in good condition. In- quire 112 8th St. or Phone 342. © 4-12-36 FOR SALE—One 1922 Buick 4 Road- ster. $150 worth of ,extras, Will guarantee to be mechanically per- fect. Box 375 Washburn, N. Dab. 4-12-tf all of the indictments thereby | The names of the 1 witnesses, did not eppear on the jJohnson, L. A. Cram, Re J. Murphy, | My; lar have raided the small Osear Moen, Ole Kaldor, Lawrence | Castelorizo, nW contiy- | and | from the indictments the names of or Len witnesses | + and that the | Highlands of Roads, ndants on this} | forces on was: “Should | authorities, indictments be set aside be- | the on ie of Attorney-Gen- Johnson is not indorsed upon | Attorney-Gen- with ; tement, “that thro had responded to the sub-j mittee by the Board of 4 t refused before Atlorney- Johnson to take the witness | soc «hie. it to discuss other | aukan, Ben-| fore, and which will be placed be- road | for the supreme court. west | ed to comment upon’ the ing,| the decision of Judge McKenna, Ferry He declin-) heen done in Minnesota and South merits of] Dakota, at the next session of our ,_ O—————E and brought back to Far-| “The Wealth of I grand jury was called| out} etions | n Bank, | George A. Attor-} al Shafer by long distance ion setting aside indictments in jon would be in the -|shape of an appeal, ! of Florida! and a former guard at the lumber! ‘camp, claimed that he helped pre-| Jackson said he washed the body] TURK TROOPS ~Turl London, April sh irregu off the Asia Minor) —_____, c » which ed i hi cent inisictuncth “peat “neysustions| MRS, HUTCHINSON captured a number of notables, says quoting advices received from The invaders were arrested by send from Rhoes SUNDAY SCHOOL | BODY APPOINTS The appointment of a con RAID ITALIANS':: sland of tacked the Italian garrison and Central News dispatch from Athens ‘entral News dispatch from el tee ao by Italian NEW COMMITTEE! stees of tucky her Self, night shot and killed Joseph itchiman at the Univer- before midnight Febru- vlf-defense, a jury it court decided fter 40 minutes de- Only two ballots were s_ announced, student faced a late last night ! Hiberation. j taken it w ia The charge, murder ‘| PIONEER, PASSES Hutchinson, wife ot | the late David W. Hutchinson, sted in Mont April 8 at the age of 79 years eral services were held from home of her son, Frank J. inson of Montelaiy Tuesday Mrs: Hutchinson who a form- er resident of Bismarck had been making her home with her — son, Frank in Montelair for some time prior to her death, The late Mr. Hutchinson came to Bismarck about 1886 as receiver of the United States the Huteh- the North Dakota Sunday School As-} Land office and remained in that ca- tion of which M. N. Hateher is] ps for cight years, After dis airman, to have charge of the} continuing in that position Mr, and k-Day Church School work of} Mrs, Hutchinson moved to Erie, Pa. ithe state has just been completed,| where Mr. Hutchinson died about said C. A, Armstrong, General Seere-| 1; Mrs, Hutchinson has — many tary of the State Association, friends among the pionecr residents Reverend J.D, | lows: sident of J. AL has al as ment of the lay ady j legislature. | Bismarck Boys d ismarck Is in the Character of Her Sons” The Father and Son Banquet will be held on Friday the twen- tieth of April. An application form may be had from Mr. Mac- Leod, who will upon return of the signed application issue a banquet tick: Any boy twelve years of age or over is entitled to a banquet ticket. Be sure and get your applicaion in this week. > baskets, and a s held. Mr. Ru very interesting k [on the Bird of North Dakota | using colored slides, Songs and games were indulged in then dain- jy refreshments were served by Mrs. MacLeod_and the Misses Ber- gen, Halverson and Olson. The Boys gave three cheers for the La- dies, the girls and everyone und everything in general for they had | a whole lot of fun and an | abundance of good eats. In the St. Mary's basketball | league last F: afternoon Clem trimmed Jim Ol- { son’s Cardinals 8 to 6. -Carty’s Browns had no for Carl Maassan’s Pi- rates were in disgrace by not show- ing up. Andy Hummel’s Sioux won from Jim Gordon’s Dakotah’s 6 to 4. with lunch | meeting w: Reed gave a joint 1 Francis Kelly's Crows tied with How Murph: Blackfeet 3 all. The Y: , Cardinals and the tied therefore it will y to play a tournament that a winner may be meet is usual The Saturday ¢lasses hold forth at the usual time. The Young Comers will meet a 9:30 Saturday. - The Pione The Comi doors Saturda: FREE STUDENT OF MURDER Lexington, Ky., April 12.—When Warren Middleton, of —Paduca student at the University of Ken- Ss at 10:30. des will meet at 2 o'clock, out! > | Mrs. Florence Keenan IF YOU WANT A CLEAR SKIN, GOOD HEALTH HEED THIS ADVICE St. Paul, Minn.—“Both my hus- ‘band/and I consider Dr. Pierce’s Pleasant Pellets ideal as a home remedy for sluggish livér and stomach disorders. We believe they have saved us many a doctor This comittee is made up as fol- Runsvold, Bis member ck. pf the She was an active Episcopal church of Pastor First Lutheran Chureh of! ‘rhe deceased is survived by three tk Chairman; John Lee Coulter,| sous, Frank J. of Montelair, Roo of | Srre wig an Lee | president Agricultural Colle B.) Pennsylvania, Myron W. of Havre, I ae a RERLEIS eeibee Pun chico ee esident College; Miss] Mont., and one daughter, Mrs. A. B. suid that the state would tike the| ii tie 9, Nielson, State Superinten:| © EHO} Nev [decision of Judge McKenna before| Minnie J. Lee Bat Gray Ore ence Nt. in the local hospital past three weeks, She was born in Bohemia and leaves a husband, three small children, a brothe wel Markus of Mandan, and her par- Markus of nts, Mr. and Mrs, Joe Mandan to mourn her death, Mr. Gehrke ran a meat market in Bald- win. uneral services will be held to- morrow morning at 9 o'clock at the Pro-Cathedral with Rev. Fr. Slag officiating. Acting as pallbearers will be friends of the family from Baldwin, Interment will take place in St. Mary’s comet Road Engineers Making Trip Road work will be viewed and boards of county commissioners vi ited by W. G. Black, state enginee JAW construetion engineer, A, D. McKinnon, project engi- neer, who left today for a four-day trip to Cass, Grand Forks and Trail counties, MRS. WILTON’S FUNERAL Funeral services for Mrs, Marsh Wilton who passed away se 1 days ago were held in Thursday afternoon at 2 McKen: o'clock. OUT—IT IS WORTH . MONEY. Cut out this slip, enclose with 5e and mail it to Foley & Co., 2835 Shef- CUT T field Ave., Chicago, IIL ng your name and address cle: You will receive in return a trial - package containing Foley's Honey and Tar Compound for coughs, colds and croup; Foley Kidney Pills for pains in sides and back; rheumatism, back- ache, kidney and bladder ailments; and Foley Cathartic Tablets, a whole- some and thoroughly cleansing ca- thartic for constipation, biliousness, headaches, and sluggish bowels. Successor to Simon Not Named \ No successor tu Charles Simon, a sistant attorney general, will named, Attorney General George Shafer said today, adding that Mr. Simon was granted a leave of ab- sence until July 1, to handle some business matters at New England. Dizzy Spells Due to Undigested Food Dizziness and faintness after eating show that y@ur food is not digested and is turning into poi- Webb Brothers “Merchandise of Merit Only” Many women have visited our Gingham Displays this week and from the remarks heard about the pretty pat- terns, colors, ete., they were more than repaid for their efforts. You too will find it interesting as_ this showing includes all that is new in Gingham. most Tissue Ginghams Daess Ginghams 48c 69c 75c 29c '35c 45c <Imported French Ginghams 75c 85c 59c ADA (DDUAWD (4 NAY We have arranged a special selling of Children’s shoes for the balance of the week. Many very unusual bargains are included in these groups. Group 1 Special $3.19 Group 3 Special . Group 2 Special $2.79 Group 4 Special Adlerika, expels all poison and gas from bowel. in faint. guard against appendicitis. Jos. -Read our add all about Wet son and gas. Simple buckthorn bark, glycerine, ete., as mixed in sto: Will, and I would not'care to keep house without the Pleasant Pellets in my medicine chest. They are | mild~as well as being effective as | 8 laxative, and also’give relief in ‘cases of indigestion. I have found them exceptionally, good during motherhood. They did not gripe or cause any~ other distress.” — Mrs. Florence Keenan, No. 909 rgayet Street. SS Aare CRE WANTED—Conpetent maid for gen- the ‘indictments ‘presented in the Scandinavian-Americap bank eases, \ eral house work. Small family, Phorie 846R, Mrs.,E, A, Brown, 4-12-88] vim. and vitality. ; btain a vial of Pellets now of your druggist and see how quickly you feey ‘clear headed—tfull offi i Wash, or Call 684. Capita) Laundry Co. See Last Showing Glenn Hunter and.Mary Astor In the celebrated Saturday Evening Post ry “SECOND FIDDLE” And Stan Laurel in “When Knights ; Were Cold.” Coming Wednesday and Thursday / “HOOT” GIBSON “The Gentleman From America” Special added’ attraction HAROLD LLOYD “BUMPING INTO BROADWAY” food-matter you never thought your system i stomach and ma HOMESTEADER’S DANCE Ofd and New Dances. Lunch. A. O. U. W. Hall, April 12. “Capital City Harmonizers.’ ———— BOTH upper and lower Removes foul, decaying i) which poisoned ie you dizzy and Adlerika is EXCELLENT to SELLING OUT - Arnold’s Cash Grocery is selling out everything at Cost. Try your luck at the Grab Boxes and get some Real Bargains. Special prices on large orders. Breslow, druggist. Furniture and Fixtures For Sale. 1014 Broadway Phone 187 TONIGHT LAST TIMES TONIGHT THORSDAY A CLAIRE WINDSOR and KENNETH HARLAN \ ine “THE LITTLE CHURCH AROUND THE CORNER” © MOVIE CHATS LLOYD HAMILTON COMEDY “UNEASY FEET” FRIDAY and SATURDAY Adults 35c., Children 20c.