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

ced WEATHER FORECAST Partly cloudy tonight esday. Cooler topight.. and ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, MONDAY, JULY 9, 1923 PRICE FIVE CENTS STORMS CAUSE HEAVY LOSSES FIRE DESTROYS SEVERAL MINOT BUSINESS HOUSES $750,000 LOSS PV EIREWHICH SWEEPS MINOT Union National Bank, on Cor- ner of Most Prominent Street Intersection, Burns HOTEL IS ENDANGERED Guests Flee From Leland Ho- tel as Fire Rages Across Street From It Minot, N. D,, July 9—Flames of Minot's most destructive fire were subsiding at noon after 10 hours of destruction, and owners are checking te loss which will run into hundreds of thousands of dollars. Nine streams of water are still being played on the premises to hold the flames in check. Minot, N D., July 9—A loss esti- mated at $750,000 has been caused by a fire which broke out shortly after midnight in the basement of the Piv neer Clothing Store and which is \ still burning briskly although under control, The flames destroyed the building and contents of the Union National bank, the Pioneer store, the Boston Clothing store, the Jacobson and Fugelso Hardware store and the Minot Association of Commerce head- quarters, the Scottish Rite home, the Union Dentist offices and headquar- ters of the Minot district council of scouts, bank, located at Central ave- nue and Main street, which is the most prominent intersection in town, was situated in the old Jacobson the-{ uter building, one of the most his- | toric buildings in the city. During the conflagration the Le- tand-Carter hotel, situated across the street from the bank, was seriously threatened and guests were moved to safety. The New York hardware store also was endangered, TURKS GREEKS PLEDGE PEACE _ AT LAUSANNE Ismet Pasha, Turkish Diplo- mat, Wins Notable Victory in Negotiations DANGER REMOVED Lausanne, July 9.—Tismet Pasha; has proved self a great diplomat,| for by the near eastern peace which was arranged in principle between the, allied and Turkish — representa- tives today he achieved signal vic- tory for his country. He never re- linquished his grasp on the delicate situation that often confronted the conference, He was better than the brilliant Marqui: Gurzon in the first steps in the negotiations and kept a all the skilled diplomats guessing] No Partnership Existed With) Her two brothers in the car escaped from the start. He smiled always, but seldom if ever did he yield. The Angora government still must be consulted on several points concerii- ing allied concessions in Turkey but everybody at Lausanne believes that peace surely will be signed within 10 days. The great result of the Lausanne Uncle Sam May Soon Be Sorting. Mail Automatically With New Device THE NEW GEHRING AUTOMATIC MAIL-SORTING MACHINE By NEA Service. Akron, O., July 9.—A decade’s labor finally has crystallized itself into a machine that promises to revolution- ize mail sorting in postoffices through- out the world. Approximately three-quarters of a million dollars were expended before the device, now on trial in the city postoffice in Washington, was per- fected. Casemir Gehring, former: employe of the B..F. Goodrich Company, con- ceived the idea in 1913. John Gan- meter, now vice president of the Goodrich company, to whom he con- fided his secret, offered to help him. They worked together several years. Then Ganmeter.withdrew in favor of Charles C. Cadden, another Goodrich inventor. A section of the Goodrich tire plant became their laboratory. A machine, crude compared with the perfected model, was tried out Judge Cooley. Will Sit In Builders Case District Judge Charles M.. Cooley of Grand Forks has been’ nimed by dic dare Sai oo He on Uk ae preme bench in the consideration of the George E, Wallace case involving prices to be paid by persons for homes built by the Home Building Association of the state. He will sit in place of Judge Johnsen, dis- qualified by reason of the fact that he was Attorney-General when the case was instituted. TUTTLE CASE IS AFFIRMED L. C. Pettibone, Court Finds The supreme court affirmed - the Burleigh district court in declining to grant the petition of L. C. Petti- peace as seen by the diplomats here | bone of Dawson for dissolution of as one of the most tinent, has been removed by the liquidation of the state of war in serious|an alleged partnership with W. P. dangers to the happiness of the con-| Tuttle, former grain man and wealthy Chicago resident of North the Near East and by the agreement | Dakota for several years, in which of Turkey and Greece to lay down| Pettibone claimed profits their arms at last. amount- ing to several thousands of dollars Europe troops will evacuate Tur-|in North Dakota land deals. kish soil and Turkey with her new. type of government will be free to fashion her destines ynfettered. ee eo © DAWN TODUSK FLIGHT IS ON 'Yieut. Maughn Reaches Day- ton, Ohio, Over ‘Hour, Behind, Schedule Dayton, O., July 9.—Lieut. Russell Maughan arrived over McCook field at 9:30 a, m, eastern standard time, Judge Nuessle; in district court, held that the| evidence showed an understanding \but not sufficient to make it a partnership in law, this view being affirmed in the supreme court. The opinion was written by District Julge Kneeshaw, sitting in the stead of Judge Nuessle. Mr. Pettibone declared that about 1911 a partnership was agreed to whereby he was to purchase several thousand acres of land for ‘Tuttle, that land was purchased in Kidder county and in Billings county, that they, were to divide tl profits of incréased price of the land and that it is now worth $25 an acre. AT ROAD OPENING J. A. Kitchen, . commissioner of agriculture and labor and member @ the state highway commission one hour ang-38 minutes behind his} 144 w.G, Black, state engineer were schedule on his dawn to dusk flight across tWe continent, i among those expected to be atthe. opening of the new state road from “\Lieut.' Maughan expects to reach |Marmarth to. the oil development S#q Francisco in 161-2 hours of day- | field 14 miles southwest of that city light. flying, today. a | | in the Chicago postoffice for a year. Meanwaile, Gehring and Cadden found much’ room. for improvement. They started work again and after years evolved the sorter now in} use. If the Washington trials successful, the machine probably will be placed in all the larger office Gehring now makes his headquar- ters in Newark, N. J. Sorsing is done by hand at pres- ent. But antiquated methods must go in the postoffice as well asin other business and induatry.. . _ Five clerks work on one machine. The operators may sit down while on duty. Each has a separate key- board, similar to that of a linotype, before him. He presses a certain key and the letters is on its way to a compartment. The machine, if it survives the ests, probably will be adopted by foreign governments, too. BADLY HURT IN AUTO CRASH Mrs. John Haider in Serious | Condition in Hospital . Mrs. Mary Haider was badly in- jured in an automobile colfision Sunday morning about 9:15 at the jeorner of Thayer and Washington streets, between a car driven by John Obowa, brother of Mrs. Haider and Archie Johnson, accountant at The Tribune. Neither driver saw the other, ap- parently. According to police re- ports the Obowa car struck Johnson’s car, striking the front fender and running board which wefe badly dam- aged. The Obowa car turned over, Mrs. Haider being pinned under it, serious injury. Mr. Johnson rushed Mrs. Haider to the St. Alexius Hospital. Mrs. Haider was reported to be resting easy at the hospital this morning aftet. having sustained a fracture of th eback of the skull,! five fractured ribs, a broken shoulder and a crushed lung as a result of the automobile in which she was riding overturning. It was feared last night that she would die and she is regarded {in a serious condition today. | Drivers of both cars feel _ they |they were not to blame.’ Police in- | vestigated, but have not placed the blame on either driver. Two automobiles went off the {grade at the McKenzie slough on the Red Trail last night, according to | prove | age HIGGINBOTHAM IBOLT STRIKES IS DENIED NEW | cRN IN MURDER TRIAL CHURCH THERE Whipping Boss, Convicted of Causing Death of Martin Tabert, to Appeal Case JURY — HOUR AND HALF Conviction Marks Culmina- tion of Bitter Fight in Florida Flogging Lake City, Fla, July 9.—Judge McMullan yesterday denied a mo- tion for a new trial for Thomas Walter Higginbotham, convicted Saturday night of second degree murder in connection with the death of Martin Tabert. The case proba- bly will now go to the court. Higginbotham, who was sen- tenced to 20 years imprisonment, is out on bonds of $10,000, pending his appeal to the supreme court. Sentencing of Higginbotham yes- terday by Judge McMullan set a pre~ supreme |Bergloff on the top of the cedent for a sentence on a Sunday. Following tion Saturday his counsel immediate- ly announced they would file a motion for a new trial. The judge said he had been advised the case would be taken to the state released on $10,000 bond until the higher court disposes of the case. Attorneys for the lare d after the convi would be filed a tin Tabert's death. HIGGINBOTHAM GUILTY. Lake City, Fla, July 9.—Thomas tin Tabert, of North Dakota in the second degree by a jury here, The jury was out one hour and twenty minutes. ' Higginbotham was sentenced to 20 years imprisonment, He was released on $10,000 bong pending hearing of appeal, The former convict whipping boss was accused of having caused the death of Tabert as the result of 4 beating administered while the North Dakotan was serving a term in the Putnam Lumber company convict lease camp. The trial consumed thirtcen days. The death of Tabert finally result- ed in an investigation of the whole feasing system and its \abolishment by the Florida legislature. That body also prohibited corporal , pun ishment. Before the Florida legisla- ture convened, the senate of North Dakota adopted a memorial asking the Florida lawmakers to investigate the death of Tabert. Higginbotham in Court. There was no demonstration in the court room when the verdict was reported. Attorneys for the defend- ant immediately made a motion for a new trial. The verdict carrics a minimum sentence of twenty years and a maximum of life imprisonment. Higginbotham was in court when the jury announced its decision. thirteen days ago, the state charging him with having whipped Tabert so severely that it brought about trau- matic pneumonia, which resulted in death four days after the whipping. Thedefense admitted the whipping, but’ contended it was “within the law,” basing this on testimony ad- duced from witnesses that only from eight to ten lashes were struck. The Florida convict camp regulations at that time permitted administering as many as ten lashes. The defense contended Tabert died from lobar pneumonia, using the Putnam Lum- ber company’s camp doctor T. Capers Jones, as a witness. He. testified there were no signs of traumatism on the body. when he examined Ta- bert. Six expert witnesses corrobor- ated Dr. Jones. Case Bitterly Fought. Harry Clough of .this city. They went off, he said, because weeds , were so high that drivers could not see the edge and added that if the weeds were blown wherever there. is a grade it would be a big safety factor for autoists. WEATHER FORECASTS For Bismarck and viginity: Partly cloudy tonight and Tuesday. ‘Cool- er tonight. For North tonight and Tuesday. and central portions tonight. General Weather Conditions Showers and thunderstorms. o¢- curred in the Dakotas"and over the northern Rocky Mountain region, but elsewhere the weather is gen- erally fair. The showers were Dakota: Partly cloudy heavy and some high winds occurred at a few places in central North Da- kota. Temperatures are quite high ippi Valley east- The case was bitterly fought, with four attorneys representing the state and six for the defendant.. Charges were made by defense counsel that one of the state’s witnesses had been offered a bribe to testify.. This caused state’s attorney James R. Kelly to declare he had been insulted and later provoked a near-fight be-. tween Leonidas E. Wade, chief counsel for thé defense, and himself. The defense further testified @ Cooler east, “slush fund” had been raised in [North Dakota to aid in the prosecu- ind = pamphlets itnesses to prejudice them. tion among; Higginbotham’s convic- Judge Me- | Mullan yesterday denied this motion. supreme court and Higginbotham was | Today Higginbotham and his wife and 4-year-old son were back in their! | home at Green Cove Springs, Fla. Tabert family on a dam- suit for from $50,000 to $100,000 inst the Putnain Lumber Company as a result of Mar- Walter Higginbotham late Saturday was found guilty of murder of Mar-, Higginbétham went on trial here |west of here this afternoon. | distributed | Tabert was whipped while serving} as a convict in the lumber company’s. camp, Jan. 27. 3922. The defense claimed he died on Feb. 2, G. Grim- aon, assistant attornéy general of: North Dakota, investigated the death, enending several weeks in Florida. On his return to North Dakota, he (Continued on Page 8) Ray Bergloff Is Instantly Kill- ed When Lightning Tears Through Roof SEVERE HAIL STORMS Hazen, Especially, Reported Hard Hit by Hail on Sun- day Afternoon Mandan, N. D., July 9—Ray Berg- loff was instantly killed Sunday at noon while in church in Center. The bolt of lightning tore through the roof of the building and struck head, splitting his skull, and badly tearing his body, according to reports here. The congregation was panic striek- en, Reports here said that a severe hail storm struck northern Oliv and Mercer counties, being especial- ly severe around Hazen. Telephone lines were down and it was difficult to get complete and accurate re- ports. A barn on the farm of Hans Niel- son, six miles southwest of Mandan, was completely demolished in the storm yesterday afternoon, a horse in the barn being unhurt. Windmills and other structures are being reported destroyed by| farmers coming today. No hail loss is reported from the immediate vicinity of Mandan. IN HOSPITAL HERE A little twister or cyclonic whirl- wind which passed through Center yesterday. afternoon about 1 o'clock threw Mrs.‘H. 0. Monson of that vic- inity from the porch at her home resulting in the dislocation of a leg and the fracture of two bones in the leg. Mrs. Monson was leaving her porch preparatory to bringing her chickens to shelter before the storm when the wind struck her as she was leaving the porch, throwing herl about ten or twelve feet. Mrs. Mon- son who was brought to the St. Alex- ius hospital for medical attention stated that there was no hail at Center. Peel eae NAVY AIRMAN IN, BALLOON RACE FOUND IN LAKE Lieut. L. J. Robb, Pilot of Bal- loon, Dies of Exposure, When Bag Falls in Lake WAS IN BIG RACE Fort Stanley, Ontario, July 9.— The body of Lieut. L. J. Robb, pilot of the ill-fated United States Navy balloon A-6698 was found in thé bas- ket of the airship 14 miles south- The basket for which a search had been made by airplanes, flying w, s for three! boats and other agen days was picked up by a‘fishing boat commanded by Capt. George Wilson. HALF MILLION DAMAGE DONE BY STORM WHICH STRIKES CARRINGTON, BARLOW, CATHAY; ELEVATORS ARE BLOWN OVER Banks and Stores in Carrington Are Damaged by Storm, Many Barns Are Leveled Covers Wide Area as ii by Terrific Wind — Storm it Moves From Cathay To Carrington Jamestown, N. D., July 9.—Covering an area of 20 miles square, a high wind and dust vicinity about 3 9' velocity of a cyclone. The storm did damage estimated It started southwest of Carrin; where it did considerable damage. there the path of the storm left north and east to Barlow, then eight miles north and east of Carrington and back to Carrington again, MERCURY FALLS 29 DEGREES IN 15 MINUTES HERE The thermometer, after as- cending Sunday to the highest point this season, fell from 94.5 te 65 in about 15 minates, a re-- markable occurrence in the hin- tory of the weather bureau, lo- cal officials reported. It hap- pened when a chilly blast de- scended with rain and wind about 1:30 p. m. Sunday. The mark of 94.5 reached junt before the storm Sunday ex- ceeded the temperature on Sun- day and probably would have climbed to 100 but for the storm. The thermometer ascended to 68 after the storm the lowest temperature last night. The weather bureau report for the 48 hour period ending at 7 a. m. today, on rainfall, fol- lows: Amenia, 0; Bismarck .28; Bot- fineau, .15; Bowbells, missing; Devils Lake, .48; Dickinson, .39; 6 Ellendale, James- town, .16; Grand Forks, .20; Langdon, .0; Lisbon, .0; Minot, -10; Napoleon, .02; Moorhead, Minn., 0. REPORT LOSSE AT ROUNDUP Reports of three losses to pick- pockets on July 4 at Mandan have! been reported by the Mandan police. They are A, A. Stewart of Stewarts- dale whose purse containing $18 was taken, Rev. Fr. Augustine Fox of St. Anthony who lost a purse contain- ing $240 in checks and a young man from Baldwin who is reported to have lost $7. From reports of individuals it was estimated here that perhaps more| than a thousand dollars was obtain- ed by pickpockets. JUSTICE DAY DIES AT LAKE! Former Supreme Court Jus- tice Passed Early Today Mackinac, Island, Mich., July 9.-— iam R. Day, former associated justice of the United States’ supreme! court, died at his cottage here at 6:30 this morning. With him was} No trace was found of Lieut. T. B.)his son, William L. Day, and the Hull, Lieut. Robb’s aide. Evidence that Lieut. Robb died of : exposure was seen in the fact that his head and shoulders were hang- latter’s wife. SON GETS WORD Cleveland, O., July 9.—William R. ing over the edge of the basket.!Hay, associate justice of the United Identification wgs established by ©: States Supreme Court, died early) Fargo Gitl Is Killed in Auto- laundry mark, three letters “L. J. on his underwear. BRIEF ASKED IN BANK CASE Supreme Court Soon to Act on Question of Commissioner The supreme court will receive from Attorney-General George F." Shafer a brief in support of his pe- tition for exercise of original juris- diction‘ in the case of insolvent banks in the case, the court request- ing a brief upon the powers and au- thority given under the 1923 legis- lative act in this regard. The At- torney-General has filed with the supreme court a petition aguinst all closed banks, and they have 15 days in .which to answer. It is expected that the court will decide its courte of action and the question of ap-| 4two weeks. Pointing = supreme court tcommis- sioner to take testimony in the mat- this morning at Mackinac Island, Michigan, according to word receiv- ed here by his two sons, attorneys William L. and Luther Day. The funeral will be Thursday with burial at Canton, Ohio. $25,000FIRE ~”INPINGREE Pingree, July 9.—Fire originating in the back-of the Pingree Patriot building about 1:30 this morning completely destroyed that structure, the Dacotah house and the closed; Citizens State Bank, all three ad- joining each other. Loss is estimat- ed at $25,000. The hotel was a two- story structure. FIND ANOTHER BODY: Windsow, Ontario, July 9—A body believed to be that of Lieyt. T. B. Hull, the second missing American balloonist ‘who disappeared with Lieut. L. J. Robb in the ill-fated balloon in the international race ter of closed banks, within the nextj'was found today in Lake Erie off vada Point Pelee near Leamington. storm struck Carrington, Barlow, lock Sunday afternoon and at times reached the j garage. Cathay and at $500,000. gton, and then passed to Cathay Sykeston wag missed and from It 18 estimated that between 109 and 150 barns were wrecked in that vicinity. A member of the Car- rington Independent counted 11 of 13 barns wrecked between Skyston and Cathay. No persons, cattle or horses were killed. Bank is Damaged The Foster County State Bank at Carrington was completely wrecked when a fire wall crashed into the roof, an assistant cashier, Guy Reed, \barely escaping{i injury. The fire wall had been left standing since last fall when a building adjoining the bank was burned. There is but one wall of the Foster bank standing. The loss is estimated at $5,000. The plate glass window of the J. C. Penney store was blown in and goods valued at $200 scattered over the city. Fully 300 trees were uprooted. Two Elevators Blown Down At Barlow where the greatest dam- age was done two elevators were blown over, and the roof of the third blown off. A confectionery store completely wrecked. Only two houses in the whole area of the storm were wrecked, the fury of the storm seeming to be spent on the barns. ; Part of the gable of the Barlow schoolhouse was blown off and two ‘plate glass windows in the Covell store broken, with the result that ithe whole store and stock were soak-| ed with an estimated. damage of $1,000. oka lls STORM HITS © MANY PLACES Winnipeg, July 9.—Three lives were lost and many farm buildings were destroyed in a heavy wind- storm which struck near Moose- town, Saskatchewan, and other vil- lages in the vicinity yesterday. Wire communication was cut off and de-, tails of the damage were unobtain- able. GET HEAVY RAIN. Jamestown, N. D., July 9.—A heavy wind and storm of short duration visited Jamestown about 3 o'clock | Sunday afternoon. Not much damage was done. It rained hard last night. | TWO INJURED, Grand Forks, July 9.—Wind, rain and hail caused damaged in this part of the country Sunday night. At Lakota two persons were slightly in- jured when the roof was blown off a| The cupalo also was blown off an elevator and two Great North- ern freight cars were blown off the track, ‘There was a severe hail storm east of Crookston, Minn. In Grand Forks a number of trecs were broken, there was]; {odist Church was twisted from FIFTH DEATH INFOUR DAY mobile Accident year old daughter of Dr. and Mrs. Arthur H. Joistad street north, Fargo, was Killed at 6:45 p. m. Saturday when the car in which she, her Riggs Optical were riding, side of Barnesville. car, the remainder of her body be- ing clear. years old on September 22. This was the fifth death in auto- the past four days, One Wednesday ‘ey, Mrs./W. H. Driver and son Arthur ers injured when a train their car near Hillsbeto. Dr. Joistad sustained two broken] percent. ribs, a broken bone in his left hand and severe bruises, especially to his knee, which was just: recovering from a previous injury. in the , bruised but not otherwise injured. of 1023 Third] last night. parents,| one from the her brother, Arthur, aged 11 years,| from the southwest, which met ovr and H. R. Tillotson, manager of the} Turtle Lake and to the east, acco company of Fargo,|ing to this informa' turned oven just this] po: July 4, Joseph O. Houglum of Moor-| have ‘extended 12 miles head died in an accident near Haw-| Garrison, ind Friday afternoon Rev. and | south, TURTLE LAKE SECTION HARD HIT BY WIND N. P. Roundhouse Wrecked, Church Twisted Off Foun- dation when Storms Meet SEVERAL ARE INJURED Flevator Damaged at Wash- burn; Heavy Hail at Garri- son, Wind at Underwood Three persons were reported killed in Saskatchewan, ‘and two in North Dakota, and proverty damages to the extent’ of $1,- 500,000 in a terrific rain and hail storm which swept over the north central, northeastern, and northwestern parts of the state and over Saskatchewan Sunday afternoon. Ray Bergloff 34, was killed at Center when a bolt of lightning struck a church in which he was attending church. At Lakota seven freight cars of the Great Northern company were blown off the tracks, the roof of, the grain elevator blown off and a large number of build- ings in the town partially wreck- ed by wind. Rain flooded the streets. . Injured are: Mrs. John Stewart, Wife of the publisher of the Lakota American, a broken arm, and John Wagner, bad bruises. At Paige, N. D., Oscar Brat- hold, age 15, was killed and his brother, Irving, was injured by lightening. (Special to The Tribune) Turtle Lake, N. D., July 9—A wind of cyclonic force struck Tur tle Lake about 12:30 o'clock Sunday afternoon, bringing with it a down- pour: that lasted forty minutes ar was almost a cloudburst. The Northern Pacific roundhous: was completely shattered, the Motb it foundation, the front of the old ho tel Windon, now occupied as a resi dence, was blown away, many wir dows were ‘blown in and _ porche torn away. . Several barns were demolishe ‘and at least one farm house, that ¢ Sander Anderson, 7 miles north 0: Turtle Lake, was demolished, a: cording to information here. No one was killed, according t reports at 11 a. m. today. Ed. He dahl of Mercer, east of Turtle Lake was struck by flying timbers an seven stitches were necessary t close the wound, The storm reached at least 1 miles north and 15 miles south o” Turtle Lake, and to Mercer and Mc Clusky, it of here. No hail was reported close tc Turtle Lake. WASHBURN. Washburn was in the path of the storm Sunday. The Soo tine here got its telegraph lines repaired this morning. The reports said it rained at 1p. m. and continued for an hour Sunday at Washburn. The wind ve- locity was estimated at 80 to 90 miles an hour, The roof of the city water tank was blown off and many residences wer: damaged. Two people, whose names were r learned, were badly damaged by f! ing glass, The marine leg elevator and rv way was destroyed. Two inches rain fell. There was no damage south of B marck on the Soo lines, and Napole reported to the weather bureau the! was no rain there. GARRISON AREA A heavy windstorm and hailstor: did great damage in the’ Garri aren Sunday afternoon, according Fargo, July 9.—Ruth Hildora, five} information received by Mrs. J: Reuter of this city from her Telephone lines were : instantly | ported down this morning. There seemed to be two stor northwest and ih was henviest 1 n. 4 the storm wa The girl's head| Turtlé Lake and east at Mercer a was crushed under the body of the| Garrison. One barn is known to have beer She would have been six] blown over, that of Fritz Giffy, 3 | miles’ west of Garrison. The - government — thermomet«: mobile accidents in this vicinity in} showed 1.86 inches of rain fell. known west of , 15 miles east and te the The storm area wai To the west and northwest erop: of Hunter, were killed and four oth-| were completely ruined by hail, it struck| was said; while south and southwest the damage ranged from 30. te 7 ‘At Underwood Melvin Lerass, driver for the In- ‘Boe others’ terstate Transportation Co, who car were shaken up and,came from Minot te Bismarck yes- (Continued on Page 8) HE BISMARCK TRIBUNE [mami