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< WEATHER FORECASTS iGeuerally Tuesdi fair tonight ang" Py ESTABLISHED 1873 CHIEF TABERT WITNESS DIES DEPOSIT HELD OUTSIDE STATE 7 GUARANTY ACT \ ‘Payment of Bonus Making In-; terest More Than 6 Per Cent Invalid, Judge Rules IN McQUERRY CASE' Plaintiff’ Sought to Recover « From Guaranty of Bank | Deposits Fund Payment of a bonus on a deposits the Security State Bank of New gland now clos.d, which resulted rate of more than 6° it, estops MeQuerry of from recovering from the De- | ‘und Commission! ty act uaranty the bank deposits guar: Fred Jansomus of decided today deci ustains action d court Depositors Guaranty Fund Commis: | sion in rejecting the deposit and! contentions of .C L, Young of Bis- narck, attorney for the commis oni} The "public report of the i fafy Fund Commission showed ie! had rejected $2,684.890.20 of deposits | in state banks now closed us not being covered by the Guaranty tl Deposits act, one of the be- ing that more than 6 pe ent inter- est paid on some deposits. g Judge Jansonius’ memorandum op- inion said the evidence showed that MeQuerry, living in Barnes county,{ an advertisement of the; i | ed unswe Se curity State Bank of New England that it would pay 6 percent on de- posit. The bank offered to take Liberty Bonds and exchange certi-| ficutes of deposit. He sent $6,000 which on Oct 5, 1920 was equivalent | tol of Liberty Bonds, was! d by the bank with a deposit )0 with interest at 5 percent./ Court's View i court said: ! ‘The evidence shows that ‘thed Guaranty Fund Commission — had | / authorized the banks in Hettinger! county to pay six percent the maxi- mum allowed bythe law. A $500.00 bonus on a $5,000.00 deposit, with! percent on $5,500.00 amounts: to almost nine percent interest annual-! The question before the court is! nether or not such ‘a deposit, if it) ted by this ac ed that the plain- tiff acted in good faith in answ ing | the adver attered broad-| cast throughout the state and that) sing the} fact that deposits were guaranteed ; by the state, “It is clear, nevertheless, that the purpose of the transaction was to Say a bonus and the payment of a| ‘ionus was, in my opinion a defiance | of the statute. The money that | plaintiff placed in the bank with the} express understanding that he should receive more than six percent, intere: whatever-name it may | have been called, is, in my opinion! Not protected by the act. I do not} think it was the intention of the leg-! islature, nor does a fair interpreta | tion of the act convince me that this | tion, whether it be called al it or a loan. protected by thej Bank Guaranty Fund. By siolation| of the provisions of the act plaintiff ; is in my epinion estopped from par- ticipating in the Bank Guaranty Fund.” i TABERT CASE BRINGS THANKS Florida Organizations Glad of Action of North Dakota Thanks to North Dakota for in- stituting the Martin Tabert investi-' tion in Florida is expressed by the / Kiwanis club of Sarasota, Florida, in a letter received at the office of Gov- ernor Nestos. The letter authorized by the club ysays “we wish to extend our sincere thanks to the government of the state of North Dakota and the prosecuting attorney who so courageously took ; hold of the Martin Tabert case and brought the matter to the attention | fof the world. Please be sure, how- “ever, that Florida yet remains the land of flowers, sunshine and beauty and is not the terrible hell that these ‘whipping bosses’ would make the world believe.” Opposition to the convict lease sys- tem and legislation, to make impos- sible a repetition Of the case of Mar- tin Tabert, alleged to have been flogged to death in a prison camp, is demanded in a resolution of Amer- ican LegYon Post No. 14, St. Peters- burg, ane copy of which ‘was re- ceived at the governor's office. IN MINNEAPOLIS. Selection of materials on wich bids for clothing and other supplies for state institutions will be based, will be made by members of the ye of Administration in Minne- is today. M. E. Mcintyre, p pur, chasing agent, accompanied eae board on the trip. “yy Si “ local power THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, MONDAY, MAY 7, 1923 FINAL EDITION PRICE FIVE CENTS i Mile. ceremony of students. And she refused to go i OIL ENGINES FOR POWER WILL EFFECT SAVING: , Cost of city to Pump Water. Under Plan Placed at $3,000 Yearly UTILITY CHARGE $15,000 , Agitation Under Way to Use} Excess Power For Street Lights and Public Buildings For the past thirty days or so a good many of our readers haye had under consideration’ the proposed power plant in connection with the! |new water d for our propos city. The city cil has recently | revised the specifications in their I! for bids in such a that equipment will be offered when the {bids are opened on the 28th day of May to provide a complete ally independent source of power for the plant. On’ May 1th the voters of our city will be asked to decide whether 0, aot a bond will be issued for the payment of thi ‘quipment and we feel that the ¢ n taxpayers of our city should be rightfully informed as to what the city commission will have before them for consideration and what the i- city will be able to accomplish with the new power plant when once in- stalled. Fairbanks Morse & Co. through their Tocal representative, have met with our city comn jon on several occasions and working with the en- gineers in charge have outlined equipment in the way of Semi-Deisel type oil burning eagines as a of power for the plant and have sub- j mitted a set of specifications which the commission has now included in ‘their eall for bids. On Muy 28th the commis: must decide whether or not a power plant will be installed in addition to the filtering plant or a complete electrical driven out- fit be installed and use our own plant ¢o secure electric ! energy. Company Statements The above company made several statements in support of their equip- ment when speaking to the commis- sion outlining: where and in what way the city can rastall oil engines and generate their own current and! effect an enormous. saving over the purchase of the same amount of cur-j rent from our local electric The equipment . called for former specifications for the pump- ing station was to consist of five pumping units, three on the high lift, from the plant to the) reser- voir and two on the low lift from the river to the plant. Each of these pumping units was to be directly con- nected to motors as well as auxil- iary gasoline engines. _ However only two of these pumping units would be in daily use one on the low lift and one on the high lift. The balance of the equipment was to be installed as additional equipment to maintain a high pressure for fire protection, Daily Consumption The average daily consumption of water in Bismarck for the past year has been something less than 600,- 000 gallons and it will require about a seven hour run with this equip- ment ‘daily to lift this water. This will mean that, one 30 HP and one. plant. 125 HP motor will have to operate about seven hours each day. With our present power rates which are on a sliding scale from 6c down to 3c this will per seven hours $: current. In ad- dition’ to this we must. pay a mini- mum charge of one dollar per horse power per month ror reserve units which amount to 415 HP. This will bring our ‘yearly pumping power bill to a tHfle more than $15,000.00. To (Gontinued on Page 6) Gabrielle Thenard, 20 (left), to the movies! und par-| in the} cost approximately $27.75 BEAUTIES OF THREE NATIONS has just been elected the most beautiful lisette in Pari Countess de Fillippi (center) won the recent beauty contest on th Vera Olcott won a beauty, contest in which thousands from all! of the; Parts of England participated and is now starring on the stage in Paris. | in the anni Italian Riviera ‘BIDS ON NEW PLANT WILL | BE ON UNIT PLAN SO OLD | SYSTEM MAY BE UTILIZED tors Note:—This third of a series of art City Eng'neer Atkin the water issue and pres preblem from the viewpoint of ! a majority of the members of the city commission, By City Engineer Atkinson The Bismarck Water Supply Com- pany has offered to sell its plant jto the city for $502,000. The city {commissioners in December 1 {made an offer of $265,000 to the r its pl | wa ted by the company and the offer has since been withdrawn by the City Com missioners. Inasmuch the Bourd | of City Commissioners are to take ibid on an entirely new system, and for the further reason that the bids for this new system are to be taken fon.a unit basis i. e., each item of work such as cast iron pipes, the ng of the same, each cubic yard concrete each pound’ of reinfore- each nd each Lo ing steel hydrant valve ete, and inasmuch as we know how many units of each kind there in the present system we be lieve we will be able to determine the actual value to city of all t part of the present xystem which we can use as a part of a complete s tem, The depreciation factor course will be applied to the pr plant in order to determine i ual value. Filteration Plant If the p t plant is tak Jit will be necessary to construct the filteration plant building heretofore described together with the pumping machinery, filters, filter and settling basins, It will also be necessary to add a sixteen inch supply main from the reservoirs to the city and add approximately seven and one-half miles of mains to the distribution system, tying up the “dead ends and making necded extensions that the taxpayers have been asking for during the last eight years. It will also be necessary to add 61 new hy drants and repair all the present h drants, replace many of valves and make a general overhaul- ling of the sent system as the loss from ystem is now over 30 percent of the total water pumped, Mains Uneer Paving Whether a complete new |\WHEAT GROWERS DIRECTORS TO MEET MAY 8 Grand Forks, N. D. May 7—A meeting of the board of directors of the North Dakota Wheat Growers as- sociation be held Tuesday, May 8, according to an announcement made by A. J. Scott, secretary. At that time the state will be re- ted, preparatory to the annaul nm to be held in July. The state will be divided into twenty districts, according to wheat acreage, one di- rector to represent each district. Two trustees to represent the North Dakota Wheat Growers on the board of the American Wheat Growers, Ine., national sales agency will also be named at this\meeting, of | si system ‘the removing and repl is constructed or the present system taken to it, over und additions made it will be necessary to remove and the business district where the pav- ed strects are 48 feet wi In the residence district where the paved portion of the street is 25 or 30 feet wide the mars will be laid in the parking strip between the side- walk and the curb, and the cations provide that where the! parking strip has grass and trees} the sod and trees shall be carefully preserved and replaced in as good condition as it wae vefore the mains were laid. The cost of removing and replac ing paving if a new system is con- structed is estimated to be $35,000, The cost for removing and repla ing paving if. the present system is taken over and addition made there” to in order to make it adequate, is estimated to be $13,700. The above items have been included in the esti- mated cost of the complete system. The cost to the owner of a fift foot lot abutting on water mains for the removing and replacing of pav- ing in a COMPLETE NEW SYSTEM will be approximately ninety cents ($0.90) per year including interest. The cost to the owner of a fifty foot lot abutting on water mains for ge of pav- ing’ if the present system is taken over and additions made thereto in order to make it adequate, will be y thirty-five cen! r year, including inter ‘These items of cost are included in 1 estimates of cost heretofore given, Service Connections ‘The property owner now owns his service pipe from the house to the shut off cock which is generally 12 fect in the strect from the property line. If a new system is construct- cd this service pipe from the shut off cock will not se disturbed, but the new system will be connected to the servi cock. So that any lot now having pipe will not be charged r. It will not be nece as the work can be done by boring a smal: hole through un- der the paving with a boring machine made for this purpose. BOY, 12, SHOT BY BROTHER HOLDING RIFLE Leland eae Son of Promi-| nent Stutsman County Farmer, Dies Jamestown, N.'D., May 7.—Leland Knoble, 12-year-old son of G. H. Knoble, a prominent farmer of this county, was accidentally shot Sunday On May 14, the organization com- mittee and the board of trustees of the American Wheat Growers, Inc., will be held in the Curtis hotel, Min- neapolis, to consider matters pertain- ing to the operation of the national sales agency. KING GEORGE VISITS ITALY ’ Rome, May 7.—King George and Queen Mary of England arrived at Rome at 8 o'clock this morning on their long-planned visit to Italy. noon by his. 15-year-old brother, Her- man, and died early this morning at Trinity hospital, The boys were about to go hunting gophers and Herman carried a .22 calibre riffe. The bullet entered Le land’s body just below the breast bone and pierced his stomach and liver. Leland and Herman won first prizes last year pt the boys club ex- hibit of Holstein calves at the Man- dan fair and also at. the state fair at Fargo. ‘Mr. Knoble is president | of the Stutsman county fair a: ciation. ee Venice: is built on 80 i has 400 Lb dy t |HALF OF FARGO. :| volunteers and replace a small amount of paving ing ice pipe, at the shut off; jands and; ‘ol ONE AMERICAN KILLED, OTHERS HELD CAPTIVE WHEN CHINESE BANDITS MAKE RAID ON TRAIN FIREMEN HURT | IN EXPLOSION 3last Which Followed Fire in| erty Theater Building Results Sctiously H | AT $50,000 |Loss PUT 3ack Draft Cause by Door| Opening Damages Buildings Across Street ‘argo, May 7.--With @ large por centage of Fargo firemen recuper: fire and explosion at the Liberty morning the wks with thenter curly Sunday {department is filling its will be assisted j the Moorhead, Minnesota, department with entergency cases. Nine, or nearly one-half, the local fire-fighting forces, received sev injuries which will render them un- fit for service for several days at ;least and in some cases several re- \eeived burns which will cause them to be laid up for weeks Those more seriously injured were reported to be recovering as rapidly as can be expected. The fire is be- been caused by lieved to hav de- | fective electric wiring. | When the firemen opencd a rear door of the building an element known as back draft caused an explosion which blew out the front of the structure and damaged buildings on the other side of the street. Condition of Chief Sutherland was reported favorable today. Loss now is estimated at close to $50,000. The building was completely gutted. VETERAN OF "CIVIL WAR'S BATTLE DIES | Franklin Westmilic:, 82, Had | Participated in Hardest Engagements of War FUNERAL TOMORROW ing from cuts and burns received in| by | ‘COVER PLANTS TONIGHT; COLD WEATHER AHEAD Cover rd: This your carly planted and flowers tonight. Is the advice of the weather bureau. Indications were early today that the temperature tonight would below eczing, probably low as 26 or 28 above zero, The driving snow while! h during the morning, and melted almost as it fell, was as general m Williston to Ruse by in the northern 5 of the state, and west of Bisma the Montana line, to weather bureau reports. Private advices from James- town sald It was snowing ¢ this morning, and it Is expect- ed the snow would reach the eastern half of the state late today. Rain fell in’ many places yesterday, There was a par: teularly hard rain around Dawson, Kidder county, ‘GOVERNOR IS BACK AT DESK FACING GRIND Bond Sale and Board Meetings, train held up by the Chinese bandits on Program for the Next Few Weeks Is MUCH IMPROVED Finds Probe Is Backed by People of Many States Preparations for sale soon of ad- ditional rural credit bonds will be made this week by the industrial / commission, Governor R. A. Nestos said on returning to his office after spending several. we in a sanitar- ium at Battle Creek, Michigan. Some mil] and elevator bonds also are ex- pected to be offered for sale. Franklin Westmiller, 82, veteran and 1 for many yeads, died at the home of Mrs. J. Champagne on lon 314 Kighth street So. Saturday evening at 6 o'clock after an illness of two weeks with myro-carditis. Mr. Westmiller enlisted for serv- ice at the beginning of the Civil War at Heart's Island, New York, March 17, 1862, serving for three years under Capt, W. Renwick Smed- berg, in Company F, first batallion of the fourtcenth regiment of i During the war he saw servi the important engagements, part in the battle of Bull Run and seeing constant fighting during seven days in the Wilderness campaign, Mr. Westmiller narrowly escaped th at a battle in the Wilderness when, deafened b ythe roar of can- ‘nons, he did not hear the order ‘to retreat. Although he was flag beaxer afd all his companions were killed since they served as conspicu- ous targets of the enemy forces he finally retreated without even re- ceiving a wound. The deceased settled in North Da- kota thirty-two years ago and has | resided since then in this vicinity. 'He moved to Bismarck last October from Flasher. For nine years he re- sided on a farm near Shields, where he was wel) known as a: progressive farmer of that vicinity. He was a member of the I. 0. 0. F., | Belden Lodge, 156, Shields, N. D., for | 38 years, and'a member of the W. T. ! ehaaan Post No, 10, Mandan. The deceased is survived by his | wife, Mrs. Rachel Westmiller, four | daughters, Mrs. M. E. Hibbs, and Mrs. in Champagne of Bismarck, Miss Mag- gie Westmiller of Davenport, Ia., Mrs. | Thresu Koch, of Kersey, Pa., and one json, Franklin Westmiller of Wash- burn. During his entire illness the deceased was attended by his gran son, William Cook of Pennsylvania. Funeral services will be held to- for many years, died at the home of morrow morning at 8:15 o’clock from the Pro-Cathedral with Rev. Father Slag officiating. Acting as |honorary pallbearcrs will be a ‘group of old soldiers, Steve Welch, Pat McHuHgh, Tom McGowan, Wesley Baker, F. W. Hibbs, J. W. ‘Kisner and Mr, Kuntz. The American Legion and the I. O. 0. F. will have joint charge of the funeral services. 1 Company A will furnish a firing ‘squad. Interment will take place in St. Mary’s cemetery, The cortege will assemble at Webb Bros. undertaking parlors at 7:45 8. m. and? proceed from there for jahe ¢hurch. Ci ivil War | London imports $6,000,000 worth of apples every year. There are 14489041 Roman Cath- in the British Empire. Numerous board meeting: » the gui ce tt acto (5 Ne Oy Hdated midnight May 6 at Tfinanfu emery Ae Bile Greskduring awhlchiine jane described the situation as “very | Normal School Presidents Fir adhered to dietary orders and lost considerable weight. The trip’ “san express train which left Sat-| was made by the governor because | y, morning ftom) Shanghal was! Same , of indigestion from which he has suf- held up about * a. m. Sunday by | fered for more than a ; bandits near Linchen in the pros! stiffer of requi has suffered pain practical vince of Shangtun. teachers’ certificates in North day he has been in the Governor's! “Out of 26 foreigners 19 were! kota is urged by the Normal Sch chair but had not been able pre-; held captive including a Mr.! Presidents’ Council, which took viously to leave the office long! powell of the Weekly Review, | questions of uniformity of curri: enough to take the rest and treat- ‘A Mr. Richman, a British sub-| lum and other matters affecting st: menbordered (by ;doctors, on was killed. normal schools at the request of t During his stay at Battle Creck]” «The bandits are being pursued| bourd of administration. Ri Governor Nestos accepted several)yy 4 small fore tions adopted by the council s invitations to make short talks at tuation very serious. There is} “Since one year is too short a ti Battle Creek, Kalamazoo and Ann’ little information received so far. in which to make professional teac Arbor before organizations, and) “Have telegraphed Shanghai to in-] ers of high school graduates utilized the opportunity, he said, to} quire if there were other Americans | since any attempt to prepare hi remove unfavorable impressions he! on train, school graduates in one year nec still found existng toward North! “{nforimution received from an| sarily breaks the unity of a ty Dakota. The speeches were direct-) American (unnamed) on the scene.” | year curriculum which should be * cd particularly toward urging North Dakota and North Dakota securities | as safe investments for people of those ¢ who are heavy pur-| chasers of securities. The animus toward the ing from the Nonpartisan ascendavy, which caused many the state still persisted to son degree, the governor said, express belief, boosting North Dakota had been cepted as true by listeners. Compliment State The Martin Tabert case many compliments to North not only from people in the met in other Michigan cities, governor said. 7% followed with keen inter into ing the inquiry the viet camp. After spen people of Micl*gan, poultry, garden, small fruit happiness, he said. the governor expects to be close to his office for some time. about 400,000 tons. - the rate of seven miles an hour. feet high, Martin Tabert Case) 2 state urise League of them to withdraw investments from ng however, that his statements brought Dakota tarium from every state in the union but from business men and others he “the me case was being , he said and many expressed their thanks to North Dakota people for institut- Cavalier County boy’s death in a Florida con- ing 2 month with the Indiana and Ohio the Governor said he:was more convinced than ever that concerted effort ought to be made to increase and berry productivity on North Dakota farms, development in this respect has proved of great benefit finan- lly and in promoting health and With the exception of keeping a promise to deliver a speech at a Grand Forks celebration on May 17 kept London’s nnuel “dish of meat is Blood passes through the heart at The Eiffel Tower, in Paris, is 985; sent~a moi POISONED, HE CLAIMS, WHILE HE 18 DYING Authorities Dispute Statemen Saying That Apoplexy Caused Death ON WAY TO TESTIFY Relative of John D. Rockefel- Icr, Jr, Is Among Those Taken Captive by Chinese Band. nghai, China, May 7. -One nerican was killed by the bandits who held up the Shanghai-Peking ex- press train near the Shantung border and carried off the 150 passengers early yesterday, according to a mes- sage from Lincheng, but all the wo- men captives, including Miss Lucy law of John D. rkefeller, Jr, have been released men still held are said to be in ave danger. The message said the bandits had notified the authorities that al] the men among the foreign captives would be killéd unless troops were withdrawn, the demise of Martin Tabert, Nort Miss MeFadden and Miss Coralli} pukota prisoner, in u private cor were released with Miss Aldrich, the | yict camp, held the attention of at ort added. thorities today. Troops were Poppell, formerly » jailer at Tall hassee, died at Qaincy, Florida, night as he was enroute to Pensi cola, to testify before a federal gran Called Before Federal Gran‘! Jury to Testify in Regard To Peonage Cases Tallahassee, Fla., Mi —Death « Jerry Poppell, chief witness for ti prosecution in a peonage case agai two Leon county officers that cam as a result of an investigation int pressing the bandits ring at the last. The kidnaping plot is believed to have originated in Shanghai when it became known that a large party was | jury. leaving to attend the ceremony in-|" Although Mrs, Poppell, who wa cident to the completion of the Kung-j with her husband, said her husban chapa dyke at Tsinan. during a lucid moment preceding hi Robert Scripps, the American news-! death had muttered he had bee on both sides, la paper publisher, is reported among! poisoned the attending physician the captives taken by the train ban-| said the former jailer died of apc dits operating un the Shantung bor- | plexy. der. Others included Major Pincer | poppell had been suffering from of the American army and his two) mental ailment for several month sons; Mrs .Pincer escaped. | Named Sheriff | While appearing before a legis! tive committee investigating Tabert death Poppell admitted his habitus drinking of liquor and in that coi nection mentioned the name of She? Reuters dis- | nghai says that the were on the London, May | patch from Sh | following Americans iff Jones and Judge Wil Poppe ‘near the Canton border: jtestitied the sherif? and judge con ' A. L. Zimmerman, B. A. Haimovitch, | spired to profit in the ar: anc iL. riedmann, J. A. Henley, L.} conviction of vagrants who, whe: Solomon, Mr. and Mrs. Pincer and | sentenced, were put to work in thi j tyo children; J. P. Cowell, Major Al- | convict camps. jlen with Mrs, Allen and child; Miss] Sheriff Jones told the committec [Lucy Aldrich, Miss McFadden, Miss jhe received $20 for each man’ sent | Schonber Ande Elias and E. | there | Mrs. Poppell said her husband be- came ill near Quimby, falling off the running board of their automo- | Genberge Situation Serious | Washington, May 7—American| bile. Poppell’s death did not be- iminister Schurmann, has wired the| come known until yesterday when | State department saying the situa- | Mrs. et arrived. lion arising from the capture of |foreigners by bandits is serious. URGE HIGHER The American minister is under- | stood already to have made official | repress sentation on his own respon- ¢ ‘sibility and it is expected that he : will be instructed by the govern-j \ jment here to pursue the most vigor- {ous course to secure the release of| Q prisoners unharmed, i \ Minister Schrumann’s report was| ous.” A paraphrase made oe iby the department said: Curriculum About the SET quired for « professional certifica we recommend: “1, That only second grade ¢ school graduation. “2, That the first grade elements Ws certificate be given for the comp tion of one year of work in sti teacher training institutions, for t i ieauel’ A Ve completion of which a certificate Mionenuells,. “May 7 Gevernon. 2; feces by the institation, and A. 0, Preus will resign this week}" «3, That a diploma and a sece to be appointed U. Senator by grade professional certificate by ¢ Louis Collins, Meutenant-governor|en for the completion of two ye who will ascend to the Governor's} of work beyond high school grad according to the Minneapolis! tion as heretofore. Governor Preus will fill; “4. That the board of administ out the unexpired term of the late! tion be ‘requested to introduce ar! Knute Nelson. He had been regard-| endeavor to secure legislation ed as u candidate for the position in| quired to make these regulatio 1924, | legal.” | The council also expressed th: | opinion that .all state normals tes ‘ diversity in the curricula is more np TAX Is VALID parent than real and the impression that diversity exists arises from dif Washington, May 7.-—Minnesota’s erences in terminology and {roi \ different-formis of tabulation rather occupation tax on the valuation of iron) ores mined or produced in H than from differences in content.” that state was declared constitu- ' ‘The coungil is called to meet age jin Bismarck May 15. tional and valid today by the su preme court. |SIX MEMBERS DISAPPROVE OF FAMILY OF MINOT MAN DIE GERMAN OFFER, Minot, May 7.—Dr. E. G. Demots; will dispatch a note to Germany ee this city early this morning re |eetvea @ telegram notifying him 0! within 36 hourg expressing disap- proval of the latest German repar- the accidents! death last night 4! Fresno, California, of his father ations and urging Germ: mt to pre- re practical and more mother, a sister, two wu liberal solution of he proble aunt, who wére killed mobile tn crore ped to