The Bismarck Tribune Newspaper, November 19, 1924, Page 6

PAGE SIX Sports FRED FULTON CHARGED WITH “LAYING DOWN” District Investi- gates Match Attorney Knock in Boxing in Californi: Angele wi Mex Nov 1 tod. 19. -- While Tony | Fulton 1 plasterer, after 35 seconds | mut at Cu audditi night, que the dis rbout an ale | Fulton “laid be tione orney ve which it he wed Fuente to win 100) and first Fulton dy, ened + California were the ro. nd were Joho ma ted terday of violating fight law. They ish bail of $1,000 climinary R ara on released thei Friday each an hearir set for Fulton leaving and was hand, h taken to the office and questioned con ports that the fight “framed.” Fulton iter distr to there were Win “that refused denied th 1 eddy Puente d t answer que but ny ter, min: of nd manager 1 out.’ wi His communica fight “Wa . “That H suspicious.” level?” tive and admit loo n't it on the he the it; id. o stated that Fulton had friends to refrain from | Fulton told investi- event of last Mon- | end of his fight bly he would way 1 would put i warned h betting on him. ¥ hat th day night was the ing car never fight « PLUCKY VALLEY | CITY PLAYER | ERIOUSLY ILL D., statemen « could Nov. 19—No} obtained todas trom attending Harold Eberly, sensational halfback the rT) ampionship football who is reported in a ¢ tion i his s the r sic and injuries sustained ame here Friday with Minot, regarde one ks in the state this ined to his home before the game with tonsil- \ physicians on home ness arly, who is » best halfl was Ly mnship game arrived, he feported to] h Ress that he believed he w in condition to go into the game, He showed no weakness other than hav- ing a drawn out look that revealed | he was standing up under a gueat| strain, Even on the gridiron where} the blue and white w battled with Minot high school f > foo! ball au supremacy North Dakot: erly did not Ti exhaustion but et without re ing his condition to his team m: whom ‘he undoubtedly feared would lose heart had the team heen ¢ nized by his | friends. h ers | know w : the cha taken the ficld th fternoon, with th me gloom hanging over them and; minus their appointed leader, Harold Fherly. The pluc! in the battle and game despite the tion injury condi- aggray by an ght knee which is causing hi In addition; to the knee, which is badly swollen,! his stomach is said to he out of or- der, HURT THUMB SAVED FIRPO, WILLS ASSERTS) Nov. 19.—-A_ sprained | thumb, suffered in the first round of | his match with Luis Angel at | Boyles Thirty Acres in Jersey City Sept. 11 the only thing which prevented Harry Wills from knoe! ing out the Argentine, Wills said to. | day. | Exhibiting a badly swollen thumb} Joint on his left hand, Wills today | before the state athletic ion in answer to a summons requesting his presence to confer on a possible match with Tommy Gib- | hons. Wills declined the match be- cause of his thumb and said that this injury handicapped him serious- ly_in the. Firpo fight. He said in the first round he jab- bed with his left hand and in so do- ing “sprained the member rendering it unfit for use. TOM GIBBONS IS MATCHED 19.—The state i n placed its of-| ficial stamp of approval on the Tom; Gibbons-Kid Norfolk 15 round match | at-Madison Square Garden Tuesday,| Dee. 9, after every available heavy-! weight, outside of Jack Dempsey, was: considered as an opponent for Gib-) bons, This match is the headliner of the Christmas fund show, the net proeceds of which will be distributed among the poor of New York. The board of deputies reported on the: weights and condition of the six contenders in the featherweight elimination tournament. Each con- i | | | New York, THE BISMARCK ZUPPKE FOOTBALL’S MOST SUPERSTYITIOUS COACH | | | | | St - AND STAY BY BILLY EVANS ob Zupphe football et he i ividmal number Zuppke n pol He has supplied of then I Just about the shout to tell the young man he better qualified “for some other ort, he received « letter from the mother, telling him ot her great pride in having a son fightme: jor Hlinois and that she constantly prayed for the te success, Is Strict Disciplinarian Zuppk trict diseiplinarian. He doesn't feel that sympathy and cntiment have a place in football, the mother interest won hum over. For time Conch realizes merit, titious Hlinoy Victories are the in won | supe world, op most the Gra well aware t 4 potent Grange is ut number ith two} Afric s is a Mlinois tied the Pag ‘Ten ted ev n for ar Zuppke it the nue with title yo man last sea~ | \ i vet on. They made Minnesot soun troune makes no m sota game. Mother Won Incidentally Mr three years he carried the the squad and gave aber of chances to break the lineup in games that were cinched. ‘Just did do say that) Mrs. Zuppke | trip to Minneapolis tor {| E Ilineis was Mr Zuppke to the Minne- the trips ‘thave the he: n from the letter from ained Zuppke. nd what's more ft didn't want her to stop praying for Mlinoas. So: ull, mother interest. ean ¢ tough hide of a major ch, who is up nst so +| many problems that he becomes art to fir quad after his mother, ne on Him Over t Zuppke must oe- | the same seat at all the games | yed in the Mlinois stadium. The story goes that a number of years ba ert ent who in a thou ball tea j eet under nce | college mie out for tye f has been visited by a deputy weight and condition made a! matter of record. Seme of nders are he oy therweight 1 the boxer ties t they p.m the official “The Sheik of Fist * but he w vi to look at in the ring just. the the con- ognized pounds depu t down to 12 time se! same over limit convinced could oO: The that indies surpiant French Fame silly eball will neve ghball aver the verdict our nas the the weighi oa rkling may double pl be all ver burgundy, is much bette: Wriseh HI, but con to ——— The Nut Cracker > Klorid: comp’ nd are to in er he hotelkeeper ought potball champic pws the his the Y grove boys salesmen to call Red Grange Ruth of the gridiren, Mr fast has never heen arrested for speeding, the Babe Wasi players are a boost. For the e in history the 1M finds himself finish venth. A mathematical —tootbail mn had pionship is ething lik dollar suit. It looks pri should never wear it out cham- | three. ty but yo! in the Mr. conditions tuts with Coolidge’s promise of still in run, | oved che we ° wo In view of the humiliating cireum- stances, the only thing Harvard can do is to drop Prinecton from the 1625 schedule s ter Camp got as far west as ro recently in looking for Alt- material, It ig said Mr. shock at the absence jen wa: RIVAL TEAMS, BEWARE! Nobody ever called Bat Nelson | Camp Nine Years in the Army Failed to Slow Up Football Ability of Texas Star K. L. BERRY How would you like to draw K. L. Ber He certainly looks as if he’s ready to Berry is the most durable vete: the best forwards in the south, a Longhorns Berry is.22 years old «nd has been out of collegiate football since He returned to college this fall after nine years spent in the He ‘ig one of ty of Texas ran of Texas football. a member of the Unive: Despite his age, he has played more minutes this season than any other member of the Texas eleven, with the exception of the quarter- back. ‘ 2a MYON NLT REN TES TIES to be Fighting Leader of Illinois Grid Strategy Unique-Character ZUPPKE’ TURNED LOOSE wiTH A COUPLE SEVENS FOR LUCK y ee i { 1 MRS. ZUPPKE MUST OCCUPY THE GAME SEAT AT THE STADIUM jion, it is held, that permitting such { i ONCE HE wad INFORMED THE STUDENTS CHANGED TOOTING SECTions | | { more or less hard viewpoint. Once upon a time Illinois rooters, at a certain away-from-home game, decided to change their cheering sec- tion, hoiled in nis Shifted Cheering Sections Several previous visits of Iiinois to that city had resulted in victories. Zuppke was wild when he learned the student body had changed ‘sec- tions, Since victory means much more n advantageous seats, the tickets which had been distributed were col- leeted, sent back and the old tuck section reserved. Illinois won the game course Zuppke sprung the you-so stuff.” Rob Zuppke is one of the greatest ccaches of all time. He has turned out many remarkable teams. Un- er him [inois has attained world- | ide gridiron prestige. i Zuppke realizes games are won on ; merit but he continues to be super-| stitious. dof stold- | of prairie schooner and cattle-trader: , war dances Bat Siki came to life the other] night and knocked a guy out. And | the funny part about it was ne] Wasn't throwing cocoanuts. | Po | SUPREME COURT | Ss From Burke County | State of North Dakota, intiff and Appellant. | chartes J. Kopriva, Defendant and Respondent. YLLABUS: { 1. A fraudulent appropriation by | | county auditor of moneys collected | | for the ance of hunting licenses | (Chapter 161, Laws 1915) constitutes violation of, and renders such of-| ticer subject to ution unde Section 9930 C. L. i Section 9930, C, L. 1913, which! | makes it u felony for “any county} |treasurer or other officer or person| urged with the collection, receipt,| safe-keeping, transfer or disburse- | | ment of public moneys or securities,1 or any part thereof belonging to! the state or any county, precinct, dis-| uret, city, town or school distric | to convert “to his own use, or to the use of any other person or per- sons, * * such moneys or securi- or any portion thereof,” is not mpliedly repealed by Section 47, Ch.! | 161; Laws 1915, (Game and Fish Law)! | which provides that “any person who! | shall fail, refuse or neglect to turn over ** any moneys collected or authorized to be collected under the | provisions of this Act (Game and | Fish Law) or who shall fail, neglect | jor refuse to turn over and deliver,! all applications, mutilated and un- u licenses and permits shall be fined” ete. ; Appeal from the district’ court of Burke County, Moellring, J. The State appeals from the de ' Sion of the trial court holding that the information does not state facts swficient to constitute a public of-} fense. REVERSED: Opinion of the Court by Christian- son, J. ‘ Geo. F. Shafer, Attorney General, and Francis Murphy, Special Assist- ant Attorney General, for appellant. Braatelien & Mellraith, of Crosby, N. D., for respondent. From Morton County D. A. Gunder und Charles J. Gunder, doing business under the firm name and style of D. A, Gunder & Son, a co-partner- ship, Plaintiffs and Respondents. ! vs. Theodore Feeland, et al, consti- tuting the Board of County Commissioners of | Morton County, North Dakota, a mun- icipal corporation, Defendants and Appellants. SYLLABUS: f 1. The credibility of | witnesses and the weight of their testimony are questions for the determination of the jury. 2, Where the evidence is in con‘ ‘ficient to sustain the verdict. j The ‘sents to lthe proper | w. H. Adams, Bottineau, N. Da TRIBUNE flict and reasonable men might draw different conclusions therefrom, neither the verdict of the jury based on such evidence, nor the order of the triul court denying a motion for a new trial will be disturbed on ap- peal where the -sole ground of at- tuck is that the evidence is insuf- “CIDER HERO” Appeal from the .Distriet Court of Morton County, Hon. “H. L. Berry, Judge. | AFFIRMED: Opinion of the Court by Nuessle, J . H, Connolly, of Mandan, Attor- } ney for Defendants and Appellants. Norton & Kelsch, of Mandan, At- jtomeys fos Plaintiff's and Respond- jont From Ward County T. Jacobson, Plainti® and Respondent ational Ten Company, 9 stie corporation, Defendant and Appellant. dou SYILABL ‘The right to cross aging agent of an adverse party | the trial under seetions 7863 and | , C. L, 1918, must be determined as of the time of the trial, The fact the witness was such manager anaging agent at the time the negotiations were had, out of which the cause of action arose, is not con- und where the witness at the time of the trial has not been connected in any capacity’ with the pfendant, as manager or otherwise a period of nearly two thereto, it is error to permit cross examination over objé mine thet ‘or prior uch tion. Congressni aryland was presented with a huge ket of flowers when he went to trial on a charge of making cider with than the legal content of alcohol. or reasons stated in the opin-| oss examination was without judice to defendant. A lessee, under a le: ecut- ed in its behalf and in its name by a manager without written authority to do so, who takes possession of the property under the lease, ps rent as stipulated therein, and con- cancellation thereof and surrenders possession of the proper. ty, is a direct obligor: to pay rent, notwithstanding the instrument was not signed by it. In such cir- cumstances, the ‘lesse it to ecover rent in arr from denying that it was bound by the terms of the lease to pay rent. Appeal from the District Court of Vaid County, N. Dak., Hon, John C. we, J. IRMED: Opinion of the Court by Johnson, . Bronson, C. J. coneurs in result. C.#, , Minot, N. Dak., Attor- ney for Appellant. Francis Murphy, Minot, Attorney for Respondent, pre- 4 nore Metric System Is Advised For Crops By NEA Serv Berkeley, Calif, be Novy, more 19.—Crop atisti will valuable to in farmer when the the metri Dr. Thomas dean of the University of the Ameri expressed in terms ¢ tem, is the beli Forsyth Hunt, former College of Agriculture, Californi As an example of now existing and the confusion ieultural weights Hunt cites this wheat. France re- quit Russia 3 ¢ in, 8 ; 758 Dr. reports on million fi on pood: million quarters million bushels “No one « not even x ny ithe Americ: out of them measures, Br x ed States, Dak., d these statistics How can get any sen Hunt. tons, reading: sia, 21 million; Delis Crites, Plainti and Respondent. ‘ St. Paul Fire & Marine Insur- ance Company, 2 corporation, Defendant and Appellant. Crites, Plaintiff! and Respondent. ; Fidelity-Phoenis Fire anee Company, a corporation. Defendant and Appellant. De one Ru: much wh adds Hunt, es three times as ince, or that Amer pn is ten times I in. returns show ns of corn to be nd 146 million Insur- Delia Crites, nti’ and Respondent.| * Re Beal 1919 producti millions of bushels, short tons of h these who tive s The Liv dd London and Globe Insurance Company, 2 corporation, (Three Cases) Defendant and Appellant. SYLLABUS: In an action upon an insurance policy, where the defense was that y had been willfully de- ing out a conspiracy surance, it is held: 1. A conspirae not be proven y the ndmissions of one party to the alleged conspiracy. 2 Though the husband of the owner acted as her agent in negotiat- ing the insurance, in the absence of other evidence, the wife, as owner, is not bound to the consequences of her husband's wrongful conduct in connection with the destruction of the property. Appea} from the District Court of Bottineau County, Hon, W. J. Knee- aw, Judge. AFFIRMED: Opinion of the Court by Birdzell, J Lawrence, Murphy & Nilles, Fargo, N. Dak., Attorneys for Appellants. J. J. Kehoe, Cando, N. Dak. din metric ‘ Ss continues Hunt; “Sixty. mil- n metric tons of corn and 132 mil- lion metric tons of hay. When you have data in this form, any farmer n see that there are two pounds of hay to feed for every pound of corn.” stroyed in to callect the Question Pastor In Wife’s Death Columbus, 0., Nov. 19. hetsley, for nine years pastor ist Lutheran Chureh at Bex- a suburb, was being questioned today in connection with findin, the charred bones of wif dy in the furnace of Bexley home late yesterday. Po- announced that “something def- be announced within an The Rev. Vy police the ees $ COTTON USED World mill consumption of cotton decreased n per cent in the year ending July 31, 1 number of cotton spinning spindles in the world increased by 1,500,000 during the same time. torneys for Respondent. The island of Miyajima, in the of Hiroshima, Japan, is notable its deer and the absence of dogs. BEST HALFBACK IN EAST Many Football Experts So Rate “Red” Hall, Outstanding Dartmouth Star BD" HALL range ish’, the only redhead starri 7 wll of Daremouth ix a plunging halfh: who has starred against more than one formidable foe this year, Wile Hall hasn’t received the wide publicity orde.! Grange, he hasybeen just as valuable a Player to Dartmeuth's gicct team. ‘Leading football experts of the @dat Fate him the best halfback in that section. on the gridiron this year. i n John Phillip Hill of ») A. D, 1924, Yet the | WEDNESDAY, NOVEMBER 19, 1924 NOTICE OF CHATTEL MORTGAGE A AIR CT AYS ational. Bank, a corpofation, “COMBED, GLOSSY Washburn, County of McLean, and | 2 —_- NOTICE IS HEREBY GIVEN, That j State of North Dakota, mortgagee,! | | z ‘Millions Use It - Few Cents default has heen made in the con-| ‘orth Dakota, Mortgagor, to First he 16th day of November, A. Buys Jar at Drugstore ditions of that certain inortgage | ade by F.C. Nelson of Batdwin, ounty of Burleigh, and State of to secure the following’ in- H to-wit: One Promissory ; jnote of even date for Two Thousand ; {One Hundred Ninety and No-100ths | {Dollars ($2190.00), “due Nov. 1st, 11924, with 10% interest until {which mortgage was duly filed in |the office of the Register of Deeds of Burleigh County, State of North | j Dakota on the 30th day-of November | A.D. 1923, at Nine o'clock A. M. “NOTICE IS ALSO HERE GIVEN, That default has been made in the lconditions of that certain mortgage made by the said Ison, Mort- r, to First ation of Washburn, North Dakota, Mort; ted the Ist day of December, A.| D, 1922, to secure the following in- | | debtedness, to-wit: One promissory note of even date for Two Thousand | jand No-100ths Dollars ($2000.00), | due Nov, Ist, 1 and bearing in- erest at 10% until paid, which mort- filed in the office of gister of Deeds of Burleigh State of North Dakota, on of January, A. D. 1923 Nine o'clock A. M.; that HAIR GROOM KeepsHair | Combed the indebtedness secured thereb: when due upon due and legal de-| nd, and for the further reason id mortgagor has left abandoned .the pe! contained as securi id mortgages. That there is claimed to be due on id Mortgages at the date of this Even stubborn, unruly or sham- pooed the stays combed all day in ny style you like. “Hair-Groom” notice the sum of Twenty-three Hun- | is a dignified combing cream which dred Ninety-nine and 86-100ths Dol-| gives that natural gloss and well- lars ($2509.88) for principal and in-| groomed effect to your hair—that erest, | tinal toch to ee ‘And that the said Mortgages wilt | “tal ¢ bit to good dress both in bus- be foreclosed by a sale of the per- | ess And on social o ions. “Hair- sonal property in such mortgages | Groom” is greaseless; also _ helps and hereinafter described, public | Rrow thick, he: lustrous hair. Bo- auction, agreeably to the statutes in | ware of grea rmful imitations. such case made and provided, at the | ihe former residence of the mortgagor | W'i Sec. 22-141-78 in Towns! H romwell, in the County of Bur. leigh, State of North Dakota, at the hour of ‘Two o'clock P.M. on Tu , the 25th day of November, 1924. The personal property described | in said mortgages which will be sold to satisfy the same is the followin; to-wit: One grey gelding, 14 yrs. old, wt. 1300, named Dick; one grey gelding, 14 yrs. old, Wt. 1300, named Frank; sorrel’ mare, 8 yrs. old, Wt. named Maude; one black ‘mare, 9 yrs .old, Wt. 1400, named Lady; one black mare, 8 yrs, old, Wt. 1200, named Pet; one grey gelding, 9 y old, Wt. 1200, named Seal; one roan mare, 11 yrs. old, Wt. $00, ni Bird; one roan mare, 11 5 Wt. 900, named Florie; one black | gelding, 9 yrs. old, Wt. 1600, numed Ziegler; one bay mare, 8 y: Wt. 1150, named = Wish-bone; one | = brown mare, 5 yrs. old, Wt. 1300, ! EF one bay mare, 5 Q old, Wt. 1400, ‘named “June; ‘one! ~ 2EM Census Planned brown mare, 5 yrs. old, Wt. 1200, | : named Curl one brown mare, 4|By NEA Service yrs. old, Wt. 1300, named Kit; one} Rome, Nov. 19—More than 70 TERIOR Wetec eon ceMing, ty |count save being lined up to par- Reni clan Wen BuO naa a narieeiena ate in a world-wide agricultural sorrel mare, 6 old, Wet. 1200, |ensus, the first in named Fo) one sorrel gelding, 6; The census will be undertaken in yrs. old, Wt. 1300, named Tom; one | 1930, under the direction of the In- sorrel gelding, 6 yrs. old, Wt.'1300 tional Institute of Agriculture, named Toney; one grey mare, 6 y e headquarters are at Rom The purpose of the census is place all m statistics the-world on a comparable basie eo old, Wt. 1 named Queen; ‘one | grey mare, 5 ‘yrs, old, Wt. | 1200, world food and fiber production may be understood in all countr named Ki) ive red mileh cow to 8 yrs. old, no horns; four roan At present statistics are different among countries, making it diffi- milch to 9 yrs. old, no horns; white mileh cows, 3 to jeult to compare production figures. | | ribed as fol- North Dako! { theast Quart {lows, towit: ‘The s |(SE%) of Section ht (8), Town- ip One Hundred Forty-three (14 ‘orth, Range Seventy-five (75) West jof the 5th P.M. There will be due on such mort- gage at the date of sale the sum of 5.47, which sum includes interest paid by the mortgagee upon a’ prior mortgage on the same property, he- {sides the costs ements and jexpenses of this foreclosure. Dated this 12th of November, 1924, PAUL C. REMINGTON, NEWTON, Mortgage, North Dakot: 11- Bismarck, —12-8-10-17 to oughout yrs. old, no horns; four heifer and steer calves, spring of 1923, from above cows, ubove cattle | being Shorthorn breed. All farm machin- ery owned by mortgagor, including harnesses, wagons, sleighs and other equipment. Dated this 17th day of November, JOHN L. MONROE, Agent. H. G. HIGGINS, 1924.) 11-19 NOTICE OF FORECLOSURE Notice is nereby given that that certain mortgage uted and de- livered by Edward ussen and | Goreine Rasmussen, his wife, mort- | gagors, to John C. ‘Riggins, of Min- | neapolis, Minn., mortgagee, dated the | 26th day of March, A. D, 1918, and, |filed of record in the office of Reg- | ister of Deeds of the County of Bur- leigh and State of North Dakota, on! the 2nd day of April, A. D. 1918 at 9:30 o'clock A, M., und recorded in| Book 144 of mortgages, on page 485 | will be ‘foreclosed by a sale of the premises in such mortgage and here- jinafter described at the front door of the Court House in the city of | Bismarck, N. D., at the hour of Eleven (11) o'clock A. M. on the} d day of December, A. D. 1924, to tisfy the amount due on said mort- gage on the day of sale. The premises described in mortgage and which will be tisfy e said old to the same are described as follows: @ Northwest Quarter (NW%) ae Section Twenty-six (Sec. 26) of Township One Hundred Forty- two (Twp. 142) north, of Range Seventy-nine (Rge. 79) West of Sth P. M. ‘There will be due on such mort- gage on the date of sale thetsum of One Thousand Thirty and 26-100th Dollars ($1030.26) together with costs and disbursemen of this | foreclosure sale. JOUN C. HIGGINS, Mortgagee. H. G. HIGGINS, ‘Attorney for Mortgagee, Baldwin, No. Dak. 10-22, i 29—11-5-12-19-26 { | RO EEEG i NOTICE OF MORTGAGE FOI ECLO-’ | SURE SALE ‘i Default having occurred in the conditions of the mortgage herein- after described, Not Is Hereby Given: that that certain mortgage executed and delivered hy Heinrich Holwegner and Rosina Holwegner, his wife, mortgagor: to Paul { Remington, mortgagee, dated the 17th day of March, 1920, and filed for record in the office of the reg-' ister of deeds of the county of Bur-| leigh and state of North Dakota,' lon ‘the 6th day of April, 1920, at! nine o’clock A, M., and recorded in Book 124 of Mortgages, on page 141, will be foreclosed by a sale of the remises in. such mortgage _ and | ereinal scribed at “the. front door of the courthouse at Bismarck, |in the county of Burleigh and state of North Dakota, at the hour of ten o'clock A. M,, on the 19th day of December, 1924, to satisfy the amount due‘on such mortgage on the date of sale. { The premises ‘described in such mortgage and which will be sold to| satisfy the same are’ situate in the ,| county of Burleigh. and state of | WINSTON HARPER FISHER (0. Minneapolis, Minn, Z