The Bismarck Tribune Newspaper, November 18, 1924, Page 6

PAGE SIX THE BISMARCK TRIBUNE Hemer Hazel, All- Amer Sports ALL WESTERN $3 BiG 10 TEAMS 3, PLAYSATURDAY More Upsets Probable With Rivals Engaging in Last Clashes of Season SRLS F 1S virtual Y init prises. Michigan will Towa th To hort Loon Ae a RUTGERS’ TWO BEST BETS an Star, Throws Long Forward and Anderson Catche: Them | | The career of Pitcher D vic. { stands out as a tragedy in Bo league baseball. | Back in 1919 Diek é ck Kerr he late Perey Haughton wa major star ut racquets, and was holder of the national title. al Kerr oung Stribling, school boy prize | Member of the Chicago White Sox, fig teria aneer leader at Tie Cn | Amerienn’ League pennant - winners: versity for Boys at Atlanta, ane fine pitehing helped win Cyril Tolley, British amateur, de-|_,,1" Hie World series of that year with Cincinnati, the pitching of Kerr nies he intends to remai Amer} ‘i i OAHU SHEET oe ee eee: | rad a IRRORE bright spot in the play and enter the business world. : lor the Chicago White § alts Une en Was ven in Reelics. | (ee coer meaty eae ece ol Y., und his boyhood ambition | TS #9 won sin the 1919 S to be a taxidermist, | AHS ANGER AE OHS: vent, despite the efforts of some of his teammates to throw them away. His courageous pitching added the Freddic and Bobby McLeod of Washington! tic hank of New Yor! it would have been a rout. and Mitchell, i pebllig ssc adil 3 h goifers, will compete in the pomexited a substantial S open He didn’t get it. championship, Feb, 13,| ‘ist: itsked for it, i aa So the pitcher to whom major 5 : baseball, the American Len- Gomme Uunenn ts wd URE ie We lowed to drift to the outlaws o: Where the theory of the KERR’S CAREER A TRAGEDY Baseball Owes Much to Real Hero of Much-Discussed 1919 World Series TUESDAY, NOVEMBER 18, 1924 court of Ward Co! plaintiff appeals. * Per Curiam Opinion. Moody 0, Eide and Ben E. Combs, both of Minot, N. D., attorneys for j appellant. F. B. Lambert, of Minot, N. D., at- torney for respondent. quor, liquids and compounds, wheth- er medicated, proprietary, patented or not, and by whatever name called, containing one-half of one per cen- tum or more of alcohol by volume, which are fit for use for beverage purposes,” the state may prove an al- coholie content above the statutory maximum for gne half of one per cent and also that the liquor is fit for use for beverage purpos 5. Refusal to give requested in- unty, Moellring, J., | From Ward County West Branch Pants Company, jPlaintiff and Respondent, vs. Her- structions, for reasons stated in} man Gordon, Defendant and Appell | the opinion, held correct. ant. : 6 Certain rulings of the trial] SYLLABUS: court examined, and, for reasons! In the instant case the trial court stated in the opinion, held correct. When no objection is made to i questions propounded to witnesses for the defense by the trial court, error can not be asserted on appeal for the first time by reason of such questions. For reasons stated in the} opinion, it is held, that there is no merit in the claim that such ques- tions were erroneous or prejudicial. Appeal from the District Court of Ramsey County, North Dakota, be- fore Hon, A. G. Burr, J. . Opinion of the Court by Johnson, made an order, under Section 7864, ©. L.. 1913, for the examination of the defendant before trial. On the jreturn day, the defendant appeared jand moved that the order for his examination be set aside. Defend- nt’s motion was denied, and he has appealed. For reasons stated in the | opinion, is held that the order sought to be reviewed is not, appeal- r able. és] Ward County, Lowe, J. . oe Appeal from the district court of Defendant appeals from an order jdenying his motion to set aside an t.jorder issued under Section 7841, ( {L. 1913. Appeal dismissed. “Bronson, Ch AFFIRMED, Cuthbert & Adamson, Devils Lake, » concurs jn resul ' ‘ ost consistent! ig hitter in |N._Dak., Attorneys for Appelant. | Opinion of the court by Christian. ' Ru oReHdy te Batlle hare Both 8 TOME MIECREC Ait ae matter ot actew Spell eeTellirs | |, «8. W. Thompson, States Attorney,| son’ J, : ue ( tho Ann Arbor team, O1 wee et Hi Ga for reinstatement | Bevits ake, N. Dak, attorney for) Palda & Aaker. Minot, N. D., at- { ievhia been a jinx to ' ' ra ce. hae 24 is sure Judge Landis: will gran Respondent. torneys for appellant, mect the Zuppke eleven, eter ita" saan aeeeren he it. He then hopes to hook on with — MeGeo &. Geis; Minot N. D,, ot: ' loss of “Red” Grat pe US las | some biehieupier clip: | gee © Gat 3 Ne Ds, sin will meet Chicaso, with 2 SUN a een ah eT the { From Ward County Vrms ote eonecne n doped nth | The Nationals need a couple of | PTeMefty of the White Sox but is as [State of North Dakota, From Ward County conan ready young southpaws to replace the ag-| “™Phutic as ever against playing] Respondents | iw. 2.0 Gites) arlaiveterand Ape ection: ing Zachary and Mogridge. | with that club. eae pellant, vs. Harry Miller and Ida ania Fe] = = Be Appellant.| Miller, Defendants and Respondents, ptre Dame, and Minnesota will en- | eeas9 Boe may decide to again | can't show very much when the SYLLABUS: "| SYLLABU : ' ge in an’ inter-sectional battle, | comeback Gilifornia. He started his/ otker side refuses to let it have the ee A person who is driving an auto-}, 4 Motion for a directed verdict iying Vanderbilt ut Minneapolis | ety eee au Leos plea eee suopile) tn thbystatte aind whorvotans |) ,e teers sdupments wotatuNlaauioe The Vanderbilt eleve: © Ey eone en eral E " tarily states to others that such au- ‘i = MENA EEreest in i “Bib” Walks great hitting has! During the first period of play|Lelong to the assets of the estate | tomobile contains a large quantity |the verdiet. ELT WOHORERP True mest in hak an Killed off the idea of his,going back! it the Chicago-Ilinois game, not] ts be distributed to the heirs of] of intoxicating liquor, thereby ad.|. APPe#! from the District Court of aaa h to pitching for the White Sos. cnee did Grange’ get a chance with lthe decedent or to devisees under mits that he is then engaged in the| Wat County, Hon, John E. Lowe, eS | the ball, As a matter of fact, not} his wi TRE ‘i j Judge Western Conference talk still re Rrra leas r , his will. commission of «a publie offense |T¥dse- volves around “Red” Grange and the as Pe teinee ouinsy thee vet) Witty eos period was half) Appeal from the district court of | (chapter 97, Laws 1921) and he may| Reversed. : sa PVPs Sitiiesoin came, lth. sport jeran “pper is the best paid) over and Chieago was leading 11 to 0,| Burleigh County, Tanisonius, J! be lawfully arrested by the persons|, OPinion of the Court by Nuessle, {man on the White team. j did Mlinois get a real opportunity Application by Hattie Cl ¢ . perts trying to solve the ups i to show its offensive strength _ Application by Hattie Clooten, sur-|to whom such statement ig made 5 macs M . The Gophers are now. bein ly * a aT \ " GHibngo. Oeetca to receive, the |Yiving wife of Peter Clooten to have |even though they are not _ptace olf MeGee & Goss, of Minot, Attor- praised. Everybody likes a winner | r seit | Rants india aeeieec ge ing | “et, apart to her the property speci-| cers (Section 10573, C. L. 1913)3 4jReys for Plaintiff and Appellant. Coach Bill S was hammered Billy Evans Says (fis : pe ate aces Cl fied in Section 8275, C. L. 1913. {where such statement is voluntarily}, Jen C. Coyle, of Minot, Attorneys PMU cise one wteat eee, [RE ORS es atin hc Pvt atin cm Gar eens een Heve BEDSEL aa een he; fer Defendants and Respondents. IMURIO WS IIDEIie lauded, Lawrence | 9} lilinois five-yard line, only: to tose |, Gisieuarceaoes { made before arrest ani search the Loe but now is being lauded, Lawrence | PA re panes Rie ie ee Bie, son, J, statement and the liquor found in f 5 ReeeMan auctsrn tooluAll expert.| HOMER HAZEL, BILL ANDERSON tits gach Saturday football re. |}? < ae ieee oamed ae E, McCurdy, of Bismarek, N.!the automobile upon the arrest, are}, , From Mountrail County praised Minnesota's effort in stop-| Here are the two ot sin the Rutger’s team, which won Ol Ges Ss asain Go fle yp, eens Chicago started another|2, for Appellant, _ | not rendered inadmissible in evidence| © + anil tiff and Appellant. ping Grange and then said: iy Gil Dobie's Cornell eleven, _and| ,-Fyposbly no seuson in the ‘history | arch that resulted in a touchdown |. Sullivan, Hanley & Sullivan, of |y Seutee ii nd 18 of the Cons Banana ree “Bill Spaulding, the coach, has {ti ; by overwhelming Lafayette, 44 to7. or the jericlirony dpore Mins switneaeedl|| linia nauai ech tee Gomes ;|Mandan, N. D., for Respondent. tution of this state. Be needed such a game as this tol aes is playing in the |5® Many dope upsets | 10 HLS E ROH SR ERS eee = Apne Teen Ane i William M. Chambers and Les- “ just a ga s Pa < playing e502 { sets, |12 first downs to none for Iilinois. : : a] ran S place him where he belong: ' Bill Anderson he has a ; There is every reason to believe) ‘The Maroons, with a smashing styl an From Ramsey County Ward County, Geo. H. Moeliring, J. | ‘° aD ee nae For the Gophers met Ilinois in- accomplice that such a condition will continue | rather ipped | The State of North ota, G. W. Shank was convicted of the ee structed in the various problems they; — Hazel, a: wonder at throwing itde thing for Rut-| until the close of the season. Sol... ti i zi tad mipned Plaintiff and Respondent. Ww. ransportati i anu : , v i iitde thing for Rut a ¢ Ss » So; Illinois line to pieces, P unlawful transportation of liquor Alfred N. Olson and’ Walter would encounter and versed superbly gers, white Gill Anderson is om th dull oriniosteen unein: | Renlefetaueacd at anything that| ‘The gains"were moderate but con- dees and he appeals, Altred N. in methods designed to take advan-| > = 7 = = = nay ha ne th 5. i i nk Schuck, iF 2D. Garni : : 3 nl a5 aayi = bo tinuous. There is nothing more dis- MED. Garnishee Defendants and Re- tage of the shortcomings of the U | +E WILL jee! : Ap a India s and they hree outstanding upsets of the| heartening than to be beaten in that # _., Defendant and Appellant.| Opinion of the Court by Christian- apendents, -fendants and Re- | bana combination. | TRY NET GAME n't nothing but hard-boiled bums] games of November 9 were Prince. | roaTt™! Illinois, however, showed it | SYLLABUS: son, J. SYLLABUS: The big week-end clash in the East] v AAAS | that needed a shave. | ton's rout of Harvard, Chicago's tie! is a great team by doing a remark-; 1. When unlawful liquor is found sk, Murphy & Nash, of Minot, N.| 4, ‘The right and interest of a Milvelheltitvvard:Vale. ume, wit coe ame with [linois and Rutgers’ over. comebaek on the premises or in the physical] D., attorneys for appellant i H i Rah voce | GUIDE: And to your left, gents,] whelming defeat of Lafay: fA j ssi ri a C * Re judgment ereditor who garnishes, to Yale favored to casi | Chica Nov. 18. -Ha 1 eas ne ai, Note 0h & defeat of Lafayet Princeton and Rutgers adopted the Possession of a person, and it is torney General,| and in money owed by the garnis ————— | Grange, famous Tilinois 1 ante sentest of “em all,” Note] There were other surp such | came style against Harvard and La- | claimed that the liquor was where Stenersen,| and by him deposited with the TOERCAREGaLIDGT te cs ; age| ter than wania’s failure to do bet-| fayette, but unlike Chicago, were |found without the knowledge of. Minot, N. D. and] of court pursuant to the statute Veangane. sae . AR: Bro} iho peu said a page 0 win over Georgetown | unable to keep their opponents on; person, a question of O. B. Herigstad, Assistant State’s At-| measured by the right and interest Jathletic career a dou t let eae al you aeisee ee ae we the run throughout. he decided by the jury, torney, Minot, N. D., attorneys for] of the judgment debtor in such in- | linvis couldn't 4 “ma battle an fashington's oe er the defendant know! respondent, . debtedn the time , Ener : ' regrets Mornay ' | When the present season is over,{ed or had control the eof; in the ab- earniehnent ‘ vENG. 0 rdering A a pone renee he oe ates were the by twisting the dope and making #| sence of any explanation or evidence From Ward County 2. Where a contract is ambiguous soe pe etna the day. comparison of the scores, it will be| warranting the contrary, it may be| Fred L. Anders Recéisec: and it is impossible to ascertain the ene and is you guys have a ; | possible to prove that Siwash has | inferred as a fact that defendant w sureskis intention of the parties therct - 5 dl f Napoleon III, Ther. All of which proves there is no! g 2 : Ms of Donnybrook State Bank, 01 Ste ence) Takes Part Ownership of NERA ee uoniertie open style of play, No | te best football team in the coun-/in conscious possession of such li. Plaintiff and Appellant.| ftom the writing alone, the subse- foes iiaein je Napoleon, niet ; | try. quor. “| quent acts of the parties showing Oakland Team in Coast a ee in his best Cedar Rapids| longer does the best team invariably | “ Sor aonainis defn ; vs. an i 8 aka Ff Jous 9 5 3 i 2 Corts structions examine re ne aoe construction they put upon the nN 4 eae eect tbill. : aati BET ertain instructions examined | Qsborne-MeMillan Elevator SACONSUELE Para Ib The Nut Cracker vh Bp yiRerers ony |) ree ocevatl aio mreaNshuataly egg ee Hl ands efor dehsone stated dinutia Gain Goipany, agreement themselves may be look- * | ; Napoleon La-] the stronger team to defeat. (| SUPREME COURT || ion. neta correct, or tree from pre- Defendant and Respondent, “4 ,t0 by the court | BALL PLAYERS ‘bird who could] gare Cameo ne eee SrA Mountrail’ Cor caaen ene | eee u wy Rerhane: (to) abetter anita 3 3. When liquor found in the pas-|” 4. “An acti “pitt mtrail County, Hon Geo. H. c ate A ungeand G lecaiumirenecreee Ae tees From Mclean County session of the defendant’ is one of | jury Bee tied aaa Moeliring, Judge. From’ a judgment Il pass into the! FeGRA Nu ' eee: lay ini footualll Wesley A. Cummin Plaintiff | those enumerated in the fftst part of |) sney ic iabl f) for the garnishee defendants the Tran Wana tanera ees L think I'l go down to the! beaks play in football than. th>|_ i nmings umeral Qi) jury is not triable anew in the Su-| oo rirtise ‘ Johnson, pite ; 2 : god lo | Penn Staie-Georgia Tech game of sey. 124 Respondent, vs. W. V. Deleen, 1, Chap, 26 , that is,! preme Court. plaintiff appeals. — rt atl and, vou ea p 2 vre and see Mona Li: ‘ Ilana weeks ago, which was won py | Defendant and Appellant. cohol, brand rum, gin, Where in an action’ prop Affirmed. Opinion of the Court “a ark Griffith he enw.) CLANCY: Well, if she anything | tye atten tia s “1 SyHabus: 1. Where plaintiff sold] beer, ale, porter ” the li-| triable to n jury the appellone tain, | by Nucssle, J. ‘ fa ae ‘ arareectieeheny lee) le seawgat) Gea ust tar ielocasiacuiftestiie ai @elandantan Geerescise uismastl eae quor is presumed to be intoxicating ; a in - N. Cottinham, of Van Hook, At- ree el CRON ou be, im’s last night 1 wouldn't walk PUSEELOHTE LG GRO ERE ic Gudereteineuline: Savant eretre pur-Jand the state need not prove the al-| so Make Any. specifications of error! tormey for Plaintiff and Appellant Stee. ike ther we nanlen ee the. ae ieee irst downs to one for Georgia i a “48 state nee e -| or specifications of insufficiency . ; z E Odklond)| ne wie tta One pero thelatacet to see ber balanec State constantly threat. |éhase price, a transfer of notes and | coholic content or that it is fit “for the eeiment one Mpa ae Ae ee ane of Stanley, Atto lane SN Ene oe raet ee <VePTOY: |Coiced) bub Mucked) ase tinal’ junen|(@uzeel inronerty meri garesothel tuitall ace #63 bere ze purposes.” present to the supreme court the| Respondente perendants and on ation w ane | (hes Alea ae gents, Georgia” Tech profited by Penn {Party upon the representation en-| 4. If-the liquor found in the pos-| nection wt tee muficionswoOthelevialiy ot ee nounced it was Us atone rel Tower, the highest thing | Site's mistakes and won. umbrance of only $6000.00, such | session of the “eaandant be enumer-| dence to sustain the findings of fact| More than 100,000 workers are Ewi : was in righbor- | eos a | ie Z ars pore being) ear ena the hed in the aati nee ‘any on made by the trial court, now employed in the chamical indus 85,000 ey a SF Se ene scorn). | ued that the smarte ror encumbrance exceeding $9000, | uous, vinous, malt or fermente: From a judgment of the distri mer Fe 7 fons were concluded and| jit. tye iva i peeene escennggletiy, sear) 1hcH 4 it is held, for reasons stated in the ie ee, Setelet Vey: tnd teats. gned a confer- | a i t 4 a Aa ‘ fi 4 ts t ! roves Ne nevey tried to buy a the game are more often the result | opinion, i... os | : CO oan Bee UR sSmiEt si nithisiatown: of a physical failure than a mental/ (a) That there is sufficient evi- 2 | thinking about but if its i i al was put over after h : Ra A | eens aintenen | x dence to support the verdict of the ram ‘ cunt Here ieee Been a he [chips ee neeton, Chicago and Rutgers, | jury on the questions of fraud, the when the confere came pear led Are : eae ot in providing the three big surpri ue of the property, both real and stalemate on the question of price. | Where thi aS Si of the di owed power greater! personal, and the insélvency of the J Johnson departed for his home in| oe a etna the all f the experts conceded | third party who executed the notes Reno to await developments, ; ae pees he eit Yet all three team in earlicr|and mortgage assigned to plaintiff. 1 tter was reopened at an-! > pRiscH: Well, « ye a ns | ames had showed flashes of great-i () ‘That plaintiff can recover, ference yesterday and after |shoushe Carpontic beat (NEXT STOP: ROME) noe see 1p 8 » the diffeneice between two hours Weiss was given an option | yee Bet a ee | Immediately getting a team on the, the ‘alle of what he would “have pned J | PICINICH: Aw, this town's the} of wire sereen cloth is consumed | days of open ball. No matter hows |ianiuinuracbirereive. % or ites clit \bunk. J taxied five les to see! any in the United States, strong a team may be on offense it | CONNIE MACK OUT OUR WAY 'charge to the jury is that plaintiff j must prove that what he received swas worthless or fail} and the de- Williams MAKES TRADE, | qin a ns, announced the comple- j le f a deal by which Gordon S$. ane, star catcher of the Port- | land club, Pacifie Coast league, comes to the Athletics in exchange | sand a “ca five play on.” sh consid- | Mack declined to state the amount of cash involved, but reports from other sources said it was $50,- 000. Benny Burns and Bob Ha: es clusive. : pitchers; Harry Riconda, infielder; 5. The extent of the cross exami- Ollie Shirling, outfielder and Chi Rowland,’ catcher, are the player. who will go to Portland in the deal. Several major league magnates were said to have made flattering offers for the Pacific coast star, whose home is in Bridgewater, Mass, Cochrane, who was graduated from Boston university, gained fame as a catcher while still in college. During the past season he played in 99 games for Portland, pounding the ball for a batting average of .388, He is 21 years old. Nebraska Wrestler Wins; Jamestown, N. D., Nov. 18.—Young Gotch, of Nebraska, champion junior middleweight, won the first of \a series of climination wrestling matehes staged here last night when he pinned Billy Schober, vhampion Lowa, to the mat twice, the first ‘atin 25 minutes and seconds. with. a double scissors and toe hold um@ the third fall of the match with a body scissors and a double wrist loek,=Schober took the fall in 14 f when he forced, Gotch to sig uP on a double toe hold. WHN MOTHERS GET GRAY - \ ea SCHEDULE BABIES. UT AN SPENT Out? J TEN CENTSIS FER HOT DOG SAMMIDEEsS: mem. M-MAL THER swe! JUS SMELL IT ONCET MA ~ NAMM CHOPPED / ONION, MUSTERD N’ EVERTHING! fendant does not request an instruc- jtion on the theory that plaintiff may recover as the actual damage sustained the difference between the | value of what he would have-obtain- | ed had the representation been true and what he actually received, the lerror in the instruction, if any, is without prejudice to defendant a is waived. 3. Other By ' WENT instructions examin and, for reasons stated in the opin- 1 ion, held without prejud error. 4. The weight of opinion evidence is for the jury and opinions us to value, even when uncontroverted and unanimous, are not necessarily con- d a nation of witnesses is within the sound discretion of the trial court. 6. The cross examination should he eonfined to matters which have been brought out on direct exami- nation, Appeal’ from the District Court’ of McLean County, before Hon. J. A. Coffey, Judge. Affirmed. Opinion of the Court by Johnson, J. : J. E. Nelson, Garrison, N. Dak., and Scott Cameron, Bismarck, N. Dak., Attorneys for Respondent. Mc- Gee & Goss, Minot, for Appellant. From Burleigh County Christ Bertsch, Jr., Plaintiff and Appellant, vs. Hattie Clooten, et al, Defendants and Respondents, SyHabus: Under Section 8725, C. L, 1913, it is the duty of the County Court to set apart “to the surviving ;Wife or husband or minor children jall_ the personal property of the jtestator or intestate which would be exempt from execution, if, he were {i including ull. property abso- lutely exempt and other property ‘selected’ by the person or persons lentitled thereto to the amount in {value ‘uf fifteen hundred dollars ac- leording to: the appraisement”; and | the property. so set apart does not | pipes — not for roil: 2eoe hence cut for pipes ~coarser —Rough Cut Burns slower e007 and cooler = minde anid cut exclusively for pipes