The Bismarck Tribune Newspaper, February 22, 1924, Page 6

PAGE SIX THE BISMARCK TRIBUNE SIX ASSETS OF MODERN CATCHER Great Throwing Arm Or “DEMONS” AT FARGO TONIGHT Not Di ouraged Over Loss to ‘ower City Last Night high sc ta do bi ¢ the Alfson and Olson t The first h lf ended 9 to 6 for en City, Pos Frederick Noway aye {t tb, Livdah ding Free throws: 1 Teway 3, Olson 1, YDB EXPECTED 70 60 BIG IN MAJORS Fob. a ba untel ed gue Fre Alf'sc New neve profes Yde (pro to the of 192: later burgh York, pitched Although he E-de fold in. the than obtained by the National or » a little y He wa Pitt the rkable made as at the A. con pect h He Univers n to pre pitching pe Villa Must" Learn How To Pancho Villa ing m but fine little ne essex He ci This for ex fight chine tial mot a lets a nian he wounds The other . do not rate high 2 more makeup than get away him. from once Leonard us “finisher: shrewdne ery. Villa should have finished Jimmy Wilde in twa t the The mite groggy t. Villa knack of bwhging pver the big punch. Ultimately Wilde dropped.from exhaustion, Villa showed th ame inefficien nst Ton orman, Pittsburg fly- ht, whom he dropped twice, but could not finish. More recently the Filipino cuffed and battered Char rks, fornia bantamweight, all around the ring, hifting him with\everything but the Tea Pot Doma One well-timed, solid punch at almost any stage of the fight would have ended it. Villa, however, was not equal to the task. ® od | Basketball Results o acsousil od Kaysees 36; Moorhend Teachers 18. Moorhead 25; Detroit 13. Valley City Peds 19; Jamestown college 16. Valley City high 2 Tower City 19; Bism: Yankton 34; Dakota Wesleyan 28. Winona Teachers 28; St. Cloud 26. Harvard 34; Rhode Island State 1%. a VALLEY CITY WINS. Valley City, N. D., Feb. 22,—Valley Gity high school added another vic- tery to its long string by swamping Minot in “a slow game here, 26 to 5. The first half ended 11 to 2 for the locals. ,Minot presented a fair defense but was weak on offensive play and the superior offense of the Hiliners counted. frequently. - HOLES LONG APPROACH “To Chick Lyoh” of San Jose, Calif., goes the distinction 6fayaving holed, one of the longest approach shots on of his home course, ed a 150-yard mashie it reached the bottom of | le ° pod toe ‘wn‘eagle three. SCHALK, PI VANS, n at the wo they wert hed thinking outed catening when highly + most nece recruit was to ideration, A m didn't have ner department requirements, a big have undergone many hange longer is the impor ance of a good throwing arm stre ed. There feature importan Manager m. the league cateh re ot more Lee Fohl of the Boston i1, Red Sox, in his day a mighty good receiver, th very positive in his opin- the catching requirements ly different from ™ rs great well to h ary. Why? the catchers ich throwing Well hav lost | on seor- W SENATOR. HITS EM HARD most. | Cali- i | { | i BYRON SPERCE By NEA Service ‘ -Omaha, Neb, Feb, 22-Byron Speece, sensational young rookie and | one of the- three leading hurlers in | the Western, Leagite last season, has beén ‘sold to the Washington Sena- tors for Shortstop O'Neill, a pitcher to-be named later and a cash -consid- eration. ‘ Speeée is a regular. Babe Ruth at \the bat in addition to being a good slabman, Last year he finished the seagpn. with a batting average of .236 and was used as a pinch hitter many times, : In one game against Tulsa, May 2, he Brought in all the runs, Omaha winning, 4 to 1. Two homers and two doubles did tht business. In 1923 he won 26 games and lost! ord. -Playing the 537-yard tenth | tae “The year previous, with Norfolk Lyon jin the to the | won 14 and Tost nine games. Nebraska ;State League, he He's, married, is 23. years of age and lives dt Waynesboro, Ind. No Longer Considered An Essential a j billiard king. For years and years Hoppe has reigned supreme.’ Recent. lly he has been pressed to the limit! jto retain his title. With the excep- | tion of one meeting with Jake Schae- Iter he has always emerged victor. | | During the past three months, in | quick succession, he twice disposed jof Welker Cochran, and once, Jgke | Schaefer, in championship matches. H Hoppe hus the class. He always raises to the occasion in the -cri: ‘He is at his best when hard pressed. ‘Tt seems the tougher the going, the better Hoppe pla j : Recently, after defeating. Jake Schaefer in a title match, the cham- pion and his leading contender play- ed a series of exhibitfons in the larg- er cities, In this tour with Schaefer, Hoppe on several oce why he has ruled the billiard game for so many years. In one 400-point fer leading him 870 0 19, he ran 313 and then went out ‘xt frame to victory. \His ze for 10,000 points Hoppe has the cl He's u real champion. FANS EXPECT TY COBB ‘TOSLOW UP Detroit, F wer of the attracting fans sine Amer 1906, Cobb, ers, h of Detroit the attention his second 3 an League, Th He joined the Tige been in_ the ur ions showed | man- | eball | back in | | before much the same as any reeruit | RFECT CATCHER, | more than in effort to! great many | he called | throw. to tfor a catcher to make throw lone to second in in atcher w ( base. | “Incidentally ing the runner at the plate Jlonger a big item with 2 ed | Not run thrown the p the double steal to the on't the mutter of play are out days. a run is mor In other words, which the ball on the plate put the runner are the excepti more import nd finesse the plate fications,” explain: Manager good the Six Qualifications. “MECHANICS OF GAME—Great natural ability in doing the mechan- ical things, the expert’ catching of | foul flies, handting the delivery of | the pitchers and the playing of balls butted in front. of the plate. 3E OF BATTERS — the weaknegs and all the nm your Famili trength of A disposition | y fussed by any situa- | that on the field. ion that m STRATEGY opposition may try to do and then j about to bresk up their plan by jhaving the pitcher work properly. UDGMENT OF PITCHERS how to rate a p him when un n final deci ast hh ones. That word is rather Ip would be better eady sce | nn i he Trying the | i breaks into the did not take the Peach long to demonstrate e was quite rent from the ordinary rooky. During the 5 season Cobb failed to hit in the WW class. Since then he has not failed to hit in the select cirele of batte Next spring the Tig ler will begin his 20th se: son with the Detroit team and he ix tracting nearly as much attention s he did when he was earning his pn as the gr st all-arourid in the 4 the attention he now little dif hecome : 300, but now ‘obb slowing -300 next se: son be Cobb's er? To the first question the answer is “Ye: without qualification. Base, ball players in the major leagues are regarded as old at 35. Few of them ever attain the age of 40 in the big show. Cobb in between those two figures, hence there is no doubt that he has slowed up considerably from the year when it was regarded an ordinary feat for him to steal not only second, but third base, There is no reason w should not bat .300 next sea has done it for 18 eons and by doing it last himself as the only p tory of the n hit for . b sues, but it Baseb « pmed to Cobb hatting asking: I Cobb bat Cobb . He cutive seasons established yer in the his- or leagues who lias 0 or better for 18 years in a row. The late Captain A. C. Anson did it 20 years, but there a break of two years in each of which he fell below .300. Whether the next Cobb's tas an to Cobb himself. Judging from his physical condition he should be able ampaign will be tive player is up 1 A \ brains. | H | ad | \ ries are | if the ball | champion ;Johnny Dundce ran out of a match |1i _ Billy Evans Says | dior sin sport in. order| cir title must have that in- idefinable thing called class, In al sense, cl 2 delivering in the pingh, f ne, chan jons in the often look very or- y ip exhibition bouts. Every id then some dub shades a! champion, But with “the old title at stake, the champ invariably shows his class and thrusts aside the leading | jcontenders for his crown, \ ny | | E | | It is in the pinch, when every: (thing is at stake, that the real cham | | pion comes through, Class will tell, lis a sport adage that usually holds | i | There is the case |dee for instance, Dundee, always a great fighter, didn't get his big op-} portunity until late in life, He won, the featherweight championship after he had been in the fight game rore} : than a dozen years. While his defeat ‘of Criqui for the title was not unex- | pected, yet it was the unusual. In a number of no-decision bouts in which ! Dundee has engaged since winning the featherweight.crown he has looked very ordinary. Many of the critics pronounced him thrqugh, When he agreed to meet Pal Moran, contender’! for the lightweight title, the im- pression among fight followers was | that Dundee “wotld~be knocked. of Johnny Dun- |! Class told the stéry in the Moran| bout. the meeting, swept aside any claim, that Moran might have’ had: for a‘ Leonard bout, by winning easily. | No champion typifies the meaning Chicago,. Feb, 22.—-Bill “Barrett, who made such a favogable impres- sion as an. outfielder’ with the Chi- cago White Sox Iast season, may be shifted to shortstop ‘this year. While it isn’t generally known, Barrett mado his major Jeague debut las a shortstop and pitéhet with Con: nie *Mack’s ~Athleties: He came: to Mack as a pitcher-inficlder, but M&ck soon degided that Barrett: never had a chanee as a big'Jeague twirlers Always, a pretty good hitter, he Was yery erratic in the field, After |more years, barring accidents. jof class better than. Willie Hoppe, | to play the outfield for at threatened to retire an active player and whether he will carry out that threat at the closeagf next sea- son time only can tell. ANAMA CHAMP COMING Lombardo, featherweight of Panama, who claims P. Jos: with him, is coming to this country to trade wallops with 126-pound Lombardo used to be a Now he is the idol of sportive Bet, HAGEN* A GOLF ARCHITECT Walter Hagen will play in a few exhibition matches the coming sea- son. He is now in the business of building golf cour: and intends devote most of his time-to the ne enterprise, Naturally he will play in the national open und he plans to go after the British open again. But his days as a “tourist golfer’ are ended, TREMAINE'S NOSE WELL Carl Tremaine, the French-Canuck, who fought two years with a broken nose and didn’t know it, is now b in harness following an operation. Tremaine is to meet Ernie Gooze- man at Toledo, Feb, 19. Lightweights Timid. A number of interesting light- weight matches could be arranged if the leather punchers would only get together. Sack Zivic, Paul Moran, Charley White, Nate Goldman, Ed- die Wagner and Johnny Dundee fur- nish material for plenty of fireworks. Goldman appears willing to” meet anyr opponent but the boys want. none of his game. Champion Base Stealers. The three best base stealers the American League has séen aré: Ty Cobb, Clyde Milan and Eddie Collins. Fach of them, topped the 80 mark in Dundee, carefully trained for) pilfers over a season's stretch, Cobb, -not derived fro in 1915, hung up the high-water ei fort, snagging-96 sacks... Cobh, by all odds, stands~supreme in this de- pertment of play. ~The dther two, however, aren’t far behind the bri \liant, Georg! N - |Manager Chance in Effort to Increase Batting May. Shift His Lineup a short trial he was relegated to the bench. and later! passed ‘out of the major Jeague picture, . { Acting, perhaps on the opinion gf Connie Mack, * Barrett took to, the outfield and developed into a pretty od fielder. 4t was jhis ability: to hit, however, that caused the White Sox to bring him back td the majors. Last sense McClellan, who for years has been a substitute infield- er, won. the job of’ shortstopping’ on the White Sox. McClellan is a, great fielder but no Babe Ruth at the bat. t three | He} to? j trial, dism! . \Father, 55, Held For Girl’s Death in Turn], °ririon of the Court by Johnson, Accuses His Father; 83 An Eye For An*Eye, A Tooth For A Tooth, And Who So Sheddeth Man’s Blood, By Man Shall His Blood Be Shed ey es FRIDAY, FEBRUARY 22, 1924 Affirmed. | F. B, kambert, Minot, Attorney for } Appellant, | Adam Zuber, Esq., Fessenden, N. | D. and Valley Ci D,, for Re- | spondent. 7 FROM DIVIDE COUNTY Adolph 0. Stene, Plaintiff and Re- spondent, vs, The County of Divide, aw municipal corporation of the State ,of North Dakota, Defendant and Re- | Spondent. | SYLLABUS: + | Where one pays money to another, ‘under protest, to remove a purport- ‘ed lien from property belonging to ‘the one making such payment, such lien having been placed against the | property by a third person who was | | incorporated jeensed to conduct OLD GRANDFATHER (ABOVE) j SATHER, RY ALE! NEA Service Staff Writer sigeton, Nod. Feb, 22-—The “ chment of the ages tm ar-old man ready to | sacrifice the life of his son _ to nge the death of his grandchild. I's a tragedy of hate that has aris- ‘en in the wake of love turned stone- [cold by murder. Its principals ave: i. Emma Dickson, 15, whose mutilat- fed body was found on a road noi far rom her home, nine days after, her disappearance last September. | DER WERMAN | |B for father, now lodged in the charged With her murder by his own j father. ¢ | Benjamin Dickson, 83, whose five monthg’struggle between love and conscience has brought him | close: tax death's’ door. J, The thitee lived together in a litte house at Bricksboro, not far from here. The girl was a freshman at the Millville high school. The men ee caretakers of an estate of a wealthy Philadelphia law: One day the girl disapp than a week later her body’was found on a road between Elizabeth _ and i Millville. Her sku!l had been crush- ted and her right arm broken. The hub cap of an automobile was found nearby. The police believed that, she had been taken for an auto ride and then beaten to death. An {arrest was made. But the charges jwere then dropped. Months went by. jseemed stumped. Then one day the old grandfather sent for his p. ‘ “f haye been a Christian all my and MI hope to die one,” he suid. For the past two weeks T have been » troubled that I wasn’t able to sleep,” ; The Grandfather’s Story Then, according to the police, he told this’ story in detai i, More The authorities paternal | ‘memory to each, THOMPSON DICKSON, HER “The night of the murder, Eimema left home at 7 g’clock to go to aj dairy half a mile away for milk. An! ed and she did not return. The grapes she was cooking to make | hour p: jelly began to burn. Her- father angry. went out to look for her.” The ‘grandfather, according to this! story, was in the house at the time. Suddenly, he s he heard a scream. ‘Then- gd The old man hecame excitéd us he tried to continue.* "e5: s “Take him away! Take dhkm away! | I'm'afraid that he’ll kill me, too,” he became He 8, And the detectives took him away to the jail. There the younger Dick- son has been lodged since’ February 3rd. There he turned against his father and accused. him of the crime. In a written statement he said: “My old dad did the job, He was} going to kill me, too, if he goc the chance. He wanted the $1200 left to Emma, and was going to get me and my little girl out of the road, After he killed Emma there was nothing for me to do but help him get rid of. her bod é The Son's Report The men later confropted other in Thompson's ce]]. “I saw you through the window,” eried the old man. “You killed her. the last word I gay.” r,” retorted the son I did, killed her him- each “You are “Whoever says self.” The .old man went back. to the home of his sister; the younger man went back to his cell. And the little victim, once heloved by both, remains but an unpleasant | | | | 1 | ae Se i 7 || SUPREME COURT | | FROM HETTINGER COUNTY Fred Hintz, Plaintiff and Respond- ent, vs. Arthur and Appellant. SYLLABUS. Where: h -special verd no finding upon a vital i: concerning which the testimony is conflicting, it will not support a judgment for the plaintiff. Appeal from the District Court of Hettinger County, Hon. H. L. Berry, Judge, | Reverseg and ri of thé Court by Bronson, Ch. J., dissenting. Jacobsen & Mur Mott, North Dakota Attorneys for Appellant. Y. H, Grane, Mott, North Dakota, Attorney for Respondent, Jackson, Defendant t contains ue of fact, anded, rdzell, J. Opinion FROM WEKLS COUNTY Farmers State Bank of Cathay D., Plaintiff-Respofdent! ys Emanuel Jeske, Kuroline Jeske and Lemert: Graift Company, Defendants- Appellants |, SYLLABUS 1. (Where testimony of a witness is based ‘on personal knowledge of facts and where such knowledge is n the unsworn_state- ments of others, such testimony is not hearsay. 2. -Where sion action, plaintiff, in a conver- iit the conélusion of the ses hix netion against some.of several defendants for fail- ure of proof, other; joined as de- fendants are not released hecause/of such dibinises), within the rule that \the ‘discharge of oné joint , tort- | feasor ‘for consideration releases fall t 3.° Joint t6rt-feagors are jointly and seyerally liable; the plaintiff | may sue them individually or jointly, ‘at his election; * | 4. Abnew note Ang not payment of an old note, where hoth notes pre evidence of the-sume deht and where the original note ix rétwined hy the payee or holder as seeurity for the new; ‘at chattel mortggge taken , to seQure the payment of a debt evi- deneed by the original note remains ns security for the payment of that debt, © ‘ Be vee Where evidence gs-to the date as been admitted ‘without objection,~it is held, for reasons stated in the opinion, that the t court properly permitted | the plaintiff to ‘amend “the complaint by inserting an allegation as to they date when the conversion ‘took place, such specific allegation having been omitted from the original complaint. 6., For reasons stated in the opin- ion, it is held that the grain alleged to have been converted) was suffi- ciently identified. 7. For reasons stated in thd opin- jon, it is held, that the verdict of the jury as to market value of the grain ig supported by suffieient competent evidence. 8. Under the facts and for rea- sons stated in the opinion, it js held, that the finding of the jury on the issue of demanq is sufficient- ly supported by competent evidence. A motion for a new trial on the ground of newly discovered eyi- dence is addressed to the sound dis- cretion of the trial court and _ its ruling thereon will not be disturbed on appeal, unless such diséretion has been manifestly abused. 10, .Where. the newly. ‘discovered evidence is not likely to result ing different verdict, it js not an abuse of discretion to deny a motion for a new trial on that ground. 11, The privilege of a. witnéss to refuse to testify on the ground that his testimony may. incejminate him- self {s personal and must be claimed by the witness’ himself, and ; under the sanctity of an oath, The. party against whom a witness is ‘called to testify has no such interest in the matter thet he may object if a witness voluntarily, gives self-inerii- inating evidence, It is not the duty of the trial court, upon the jpter- position of such a party,.to inform the witness of his .privilege. 12, For reasons stated in the opin- ion,iit is held, that the trial court did not err in refusing to exclude 4 promissory note upon the ground that it was not-marked peneaa Ithough.. renewal potes had. been Pe be fequired "by Chapter 9} ot the Session Laws of 1921. | Appenl from thé District,Court of Wells County, North Dakota, flon J, A, Cottey, Sudge,, at the time the equitable owner, it held' that the plaintiff, the pr owner, may not recover the money paid tp discharge such lien on the theory of failure of consideration. Appeal from the District Court of Divide County, Hon. John C. Lowe, Judge. Reversed. Opinion of the Court by Birdzel Bronson, Ch. d., concurring in result, he Mellraith, Crosby, kota, Attorney for Appellant, Geo. P. Homnes Crosby, North Da- kota, Attorney for Respondent. orth Da- FROM GRAND FORKS COUNTY Michigan City ion, Plaintiff and Respondent, vs. st, State Bank of Manvel, a co poration, Defendant and Appellant SYLLABUS: 1. One who owns or controls an storage company, the business of warchouseman in this state, under the pfovisions of Article 77, Chapter 38 of the Political Code (C. L. Sections 3138-3148 — inclusive) who owns the warehouse in such busine: conducted, m der the prov L. 1917 (U or and which rehouse Re- issued, curity {for an indebtedness, a ws ‘ veipt for property contained in such warehouse and yowned — by ‘him, PMMA DICKSON, THE VICTIM; BENJAMIN: DICKSON, Hil | AND The execution and delivery of such receipt operates as a pledge of the property theroin described with- out the necessity of al actual man- ual change possession of — the proper ” . The lien nequired by the hold- er of such receipt who accepts and holds the same in good faith while the goods remain in the w: house, superfor to the lien of a sub- sequent chattel mortgaze executed by the owner of the property in favor of and delivered to one having actual knowledge that such ware- houseman is an incorporated storage company owner or controlled by the debtor and having no place for the conduct of such business other than the debtor's warchous: 4. A watehouse rectipt\ issued in accordance with the provisions of Chapter 250, S. L. 1917, by a ware: houseman licensed to do business in this. state as such, under the pro- isions of Article 77 of Chapter 38 of the Political Code, is the written ac- knowledgement that he has. received and holds the goods therein des- cribed for the person to whom it is ssued. 5. A warehouse receipt must con- form substantially to the provisions of Section 2 of Chapter 250, S./L. 1917. 6. Evidence examined and held that the warchouse receipt involved lie | 1913, | and} MOTHER! Baby’s Best Laxative “California Fig Syrup” Is When baby is constipated, has wind-colic, feverish breath, coated- tongue, or diarrhea, a half teaspeon- ful of genuine “Califbrnia Fig Syrup” promptly moves the poisons, gases bile, souring food and waste right out. “Never cramps or overacts. Babies love its delicious taste. Ask your druggist for genuine “California Fig Syrup” which has full directions for infants in arms, and children of all ‘ages, | plainly pfinted on bottle. Mother! You must “California” or you may, get an imitation fig syrup. a in this case jis in substantial ¢ pliance with the statute. Appeal from the district court of Grand Forks County, Honorable charles M. Coole Action for di ment for denying a appeals. , Reversed. + Opinion yi From a judg nd an orter new the defendant trial, of the ‘Court by Pugh, itting vice Bronson, Ch. od. Johnson, J., disqualific dissent- ling. Bangs, Hamilton &' Bangs, Grand Forks, Attorney v Appellant. G Forks, At FROM FOSTER COUNTY Commercial © mery Company, « ion, Plaintiff and Appellant, Nielson, trading as ringfon Cream Company, Def ant and Respondent SYLLABUS: (1) In an action to recover for goods sold where the defendant pleaded a counterclaim upon which he recovered a judgment, the evi- dence is examined and held to be suf- ficient to support the verdic (2) In the absence of requested instructions, it is not error for the court to omit to charge the ju to the contentions of one of the ties with respect to the terms of a contract where, under the charge given, the burden of proving the contract alleged bys the opposite party a basis for the counterclaim is placed upon the party alleging it. Appeal f:om the Distriet Court of Foste Hon, J. A. Coffey Judge Affirmed. Opinio» of the Court by Birdzell, Ww. Hoopes, Carrington, North Dakota, Attorhey for Appellant. Kelly & Morris, Carrington, North Dakota, Att for Respondent. An averago of 19 tons of ice is re- quired for the refrigeration ofa car load of fruit in transit between southern California and the Atlantic seaboard, ——o oOo aa ee eee ee eee IT NEVER FAILED HIM Veteran railroad engineer, with 56 years of Unbroken service to his credit, declares Tanlac proved equal to emergency and restored his strength and energy When she was badly rundown in health. ; J. F.. MeWaters, yeteran railroad mgn, of 447 East Fair St., Atlanta, Ga., who_is credited with 56 years’ unbroken service. as an engineer ‘on the Atlanta & West Point, ‘récently paid ‘high tribute to Tanlac, “Several :years: ago,” said Mr. Mc- Waters, “I became so, run-down it lopked like’ my’ chain. of% service athe be broken before I. could run out my. fifty-year period. However, I resorted to. Tanlac to set,me right, and Tanlde proved fally equal: .to the emergency, quickly, heading off the trouble and -bringing . my strength and. energy right up to normal. “Since then, when I have felt a little run-down, or “off my, feed,’ as the railroad boys say, Ihave taken Tanlac, and it never fails to do the work. I am using Tanlac now. as a general ‘tonic, and’ my health: stays fine.” Tanlac is for sale by all good drug- gists. Acrept: no substitute. 40 million bottle sold, © “Take Tanlae Vegetable: Pills, N Over 3p.