The Bismarck Tribune Newspaper, March 30, 1926, Page 1

*% > tions in rubber, : cy ‘ i Partly cloudy tonight and Wed- nesday; not much change. ESTABLISHED 1873 pon Sateiascercea ca ret hs eds CR SAAD cE Sc a BISMARCK, NORTH DAKOTASTUESDAY, MARCH 90,1928 MARCH 30, 1926 THE BISMARCK TRIBUNE [rat eoman | PRICE FIVE CENTS # MAN WANTED HERE TWICE ATTEMPTS SUICIDE SENTENCE OF SCHNEIDER IS SUSTAINED) Supreme Court Affirms Dis- trict Court’s Order De- nying New Trial IS SERVING LIFE TERM Bismarck Man Was Convicted of Killing His Wife By Arsenic Poisoning Nolding that no prejudicial errors --anrved at his trial and that the ver- dict of the jury was justified by the cvdence, the supreme court today sustained the judgment of the Barnes county, district court in sentencing simer Schnider, Bismarck, to @ lite term in the penttentiary for the mur- der of his wife. Schneider was convicted of killing his wife by arsenic poisoning in order to collect her life insurance. Schni der was tried twice. At the first tri in Burleigh county, the jury di agreed. The defense claimed that his wife committed suicide by taking the poi. son. In its decision, however, the s preme court held that “though motive 1s not an essential clement of the! ime of murder, the evidence in this sufficiently discloses a motive.” A Three Day Courtship The record shows that Schneider, who had a child by a previous mare:- age, wooed and won in three days the woman for whose murder he now is in the penitentiary. They were married on December 5, 1921, and she died the Evid troduced at showed that the murder v came ill on gn oceasion prior to her death, but returned ‘to her mother’s home and immedi tely got well. Later, shows she had “spells” dae the defendant told is vife’s mother that the doctor had predicted she would have seven but he wt one che wontd “pull through.” ! In his wifo’s final illness, however,! Sc.ucsaer aid not call a doctor, tell- ing neighbors that there was “no use to incur that evpense and rhe won't live anyhow. Bent” | Claimed He Had Been “ Other evidence showed that Schn de aplained that in marrying his wife he had been “beat” and blamed; the persons responsible for him meet. ing her: that he “made the medicine’ given his wife-during her. Iaet-illness! dd that he expressed impatience to ect his wife’s insurance so that he could go to Roumania, he court lays special omphasis in; its decision on the testimony of Clara Fisher, house-keeper for Schneider} vhile his firat wife was alive, whom he also sought as house-keeper dur-{ ing the illness of his second wife. sher testified that Schneide told her. a fow days hefore his wife’ death, that he wanted to ge ee and that he a Mrs, Fi; ie Valley City. Rerry also sat in the case in place of ohnson and Bi TODAY}| TAMMANY—HARD TO SELL. ‘THE PRINCESS’ 50-50. EARS, EYES, NOSES—WRONG, |} WANTED, A SOB ANTHEM. | (By Arthur Brisbane.) . (Copyright, 1926.) Judge Rockwell, who managed ae McAdoo’s campaign in the last Demo- cratic convention, says a demearst will surely be elected in 1928. thinks well of Governor Smith; 3H New York, calling him “the outstand- ing poli cal figure of. our time,” but says Smith ‘cannot: be elected “be- use he would have to sell “wih hall to the country along wit! Smith.” There is just one thing that might elect 2 Democrat in 1928, and that is too much world courtand league of ngtions foolishness, Nothing else could do it, except hard times and a panic, and there won't be either. The Princess, Murat is selling fine dresses for a living. Her friends weep for her, but need not weep. Her fate would. be described by Mr. Abraham Lincoln eclenaye as “fifty- fifty.” Having spent the first part of her life buying and wearing ex- Rensive dresses, she will spend the second part selling them to ladies: that still have ‘their money. ~The princess will find more real interest in salesmanship than in merely wear- ire. fine feathers. The fox that catches the peacdck has 8 more interesting life than the Witte: spreading its tai) feathers’ the wonibine, - ‘ A Thibetan lady na named Rin-Chan Lha-Mo says “western women are not , good-looking,” meaning , Americans, English, French, ete... The lady says our women's noses and ears are Sop) noses like|- bi kettle spouts, e: ike pies cars, eyes a silly. blue like te iren's mar- eye sockets too. gail hc eyebrows to much tl ‘mankeys. . This criticism of our lovely Kaen will amaze you, thibetan if 3 have ever seen a Thil any nose Bats eyes on the outside of her eguch and 20 aria as are the he chee of men,” or as pee gi ornit recent. concerning a. oy lea" spout a sont dons la Paris. and fu rege al famo “to if Europe multiplise: her dwnina 3 Candidate | | nue, tor'g bids fo t nicl iw Judge Samuel E. Shull of Strouds- burg, Pa., will shortly announce his candidacy for the Democratic ne ination for governor of Penns: vania. Four ycars ago he was the unsuccessful Democratic candidate for senator against David A. Reed. MOTORCYCLE — BOUGHT FOR POLICE WORK City Commission Authorizes! ¢ Parchase of Harley-Dav- idson Machine z > police de motoreyele for the he Bismarck will soon have of its equipme down of speede for se ein ‘hurry up” calls from outl tricts, as the result of the city com mission's nm last night. Atha meeting the auditor been instructed to a vertise fare bidy,on such a machine. for use hy the police departmen Only.one bid was recoived and th was opened last night. Horace A son, Bis motorcycle dealer, offered to furwish a Harley-David- sony. mach completely equipped for pst clivered here, f $290; The guditor was instruc dtd Jenterstinto contract with M Atkinson sto eof the m chine. sa dog made in about 10 artment as part running y d Fran the only 1 on canine: i aga A,B der Sid was for six ine | vitrifie bay ie place at $1.10 er! ea and fhmpholes in place at $15 Whe jbid:was referred to the, ‘engineer. lice Woman Wanted Mr. id Mrs. A { before tl sideration to the question of hiring) 1 police/woman for the city. it represents, and the various Areas izations without exception ored such a project, the nok men explained, The. commissioners to think the matter over and give it! 1 | i { | | It 1 i ii WHOLE FAMILY IS WIPED OUT IN CABIN FIRE Parents and Five Children Lose Lives in North Min- nesota Wilderness REPORTS e Mother, Daughter Found Along Road—Others in Ruins of Their Home St. Paul, Minn. Ma; 3a. Mr. and Mrs, Henry Newman their five children were burned death in their cabin home near W liams, Minn,, an im the north wos the Canadian Get we and to had reach perts avai able fad Sunday morning and the tragedy wee discov The bodies young daughter learned, were found on their home and investigation by neighbors disclosed the bdédies of yman and four other children in the ruins of their home. Apparently Mrs. Newman and her ugh had escaped from the blaz- @ building but had succumned to their burns, before they could sum- mon_ help. or e was not a roid near Is at Baudette, county ke of the Woods count ied The Newmans and the curanse sought rela. tives there. C AUSE OF it AGEDY WILL authorities ere endeavoring today to piece to- th < of the north waods of Newman i eir five children. he entire fami burned to death in their isolated cabin home, e south of here near the Cana- border, Sun ‘neighbor found of the victims in the ruin: j the home while a quarter of a r found the bodies her and her’ buby daughte Coroner John Norris said that as far as he could tell the mother at- tempted to save her baby after they Doth had become enveloped with fire. ittle is known the bodies of of ie “and settled on the farm uth of town, and seldom came here’ is today received word of Hubbard county ds that relatives were Coroner No! from the she Fire's Origin Unknown “How the fire started,” the coroner; id this morning, “probably will be known, The family lived there lone in thelr little story-and- 101 lie Evarts representing the Wom-| “As near as I can figure out thel sale of the tonic were issued ix nity Council, appeared: fire started early Sunday morning.| months, and provided that the brew- mmissioners last night The neighbor found the bodies imi ers should as: and urged them, to give careful con-' the ruins of ‘the home. “1 fave been unable to learn the! co! for the city. | The names of, the seiltes, Vakcc aes council has conducted a vote among, three girls and two’ boys, from 10/ t the members of the 35 clubs which! years to a babe in arms, er erst ipamey emer of “I haven't been able to house by a sudden explasion or ed) whether they were suffocated.” Funeral arrangements were inj consideration when the budgets for abeyance here pending arrival of rel+ the next year are prepared about July 1, Nothing could be done along this ie at the present time, they ex- lained, because no provision for it, been made in the budget, ‘ND ARREST IS MADE FOR BOY'S DEATH Mrs. Atz, Held For Murder, Issues Warrant For Sister’s Husband 4 Fairmont, Minn., March 30.—() Protesting his innocence, Arthur Goernat, 38 years old, was in custody here today charged with first degree murder in connection with the death of his nephew, Raymond Atz, five years old, December 14 last. Goerndt was arrested last night én a warrant sworn’ out by Mrs. Esther Ati ther 6f the dead boy, who also..is.held for her son’s di on ‘a sf{milan warrant. Meanw the equnty attorney. gwaits a report of University of Miynesota toxicolo- gists pelative to their exhumation of the organs of Florence, two years old, who died last Ma) Her death occurred under similar circumstances with that of Raymond, authorities , COVERED WITH atives. SOUTHWEST IS ’ SNOW BLANKET Blizzard Extends Eastward From Rocky Mountains— Temperature Drops Kansas City, Mo., March 30,—()-—- With Easter less than a week away, rtually all of the southwest was covered with snow today. The storm, ich had held the Rocky mountain region in its grip since last Wednesday, spread castw: over Kansas, Oklahoma, western Missouri and Northern Texas, bringing a white blanket, in some places 10 inches deep, with the @now still falling. A severe drop in temperature aceom- panied the blizzard. Some damage to fruit trees was reported, Winter wheat, however, is believed to have been benefited by the moisture. The heaviest snowfall was ported in Kansas. At Topeka depth measured nine inches morning and it was still snowing, In the southwestern part of the state, Greenburg and Bucklin reported from re- the this charged in\nsking that her body be] eight to 10 inch exhumed. Finding of esis in body brought both arrests. children died in convulsions after v Raymond’ its -to the Gogrndt farm .at Imogene, | - six'miles from here. The father of the Atz children, a wal meéhanic,, was killed in an er exiicsion about two years ago, Goernat, a sister of Mrs, Atz,] point: dectaved the arrest of her musbana states continue well ROMS Ta 2 be: DIES FROM BURNS eve Mitehell, 19, tur| Shipments of Coal During March Were Larger: Tha Than in 1925 Shigments of “Tignite coal both to in North Dakota and in other pes shipments for the same period ta res fgmnded by the state er alineed rd show. During the first, three weeks of rey re. aied Mears morning at 5 o'clock} March inter-state shipments totalled a ‘ee a the eived jan clothes became ignited result of burns] 5,472 tons and intra-state, wary 22 -when her] were 53,280 from an oillin. 1 ete, shutting} stove in her home.’ ‘She. is survived] 4,615. tons and intrastate page 7)... [by her. hushagd and a i! aaughter. 164,285 to shipments same pariod ents | -were ns. For- ratate ARE MEAGER| : of the tonic will never! much less pronounced, learn} e fav-| whether they were trapped in the! while, are marshalling their forces shipments } time DRUG STORES WITHA “KICK” Brewerics Permitted to Make. “Health Booster” For 6-Month Period 3.75 PER CENT ALCOHOE Drug Stores May Get From 5 to 25 Cases a Week, - Depending on Size NOT BE SOLD.IN NORTH DAKOTA IF A BEV If the new malt tonics put on the market hy brewing firms aa “health boosters” are fit at in- tended to he used ash they cannot he lei h Dakot Reorge F. Shafer Cx Attorney sald tonics are per- mitted hy law to contain alcohol in excess of the amounts permit- ted to hevtrages by the Volstead | law, Shafer said, hut the state { law determines the amount of al- cohol which a bfverage may con- tain, Although the state prohibition law follows the Volstead act in most respects it in even more strict on some points, the altor- ney general said. Washington,, March 30.—-(®) -Med-| icinal beer, comparable in alcohol content to the pre-prohibition eal ge, will he accessible to the publ for the next The new “health bo | Anheuser-Busch, Ine. of St. Loute |, and the Pa company of | Milwaukee, hav | ion to is expected to| he accessible to the public at drug! about the time the ry committee gets under way | vith its hearing on bills designed to! release the old-fashioned beverage | from present Volstead law restric- tions. The only restriction on sale of the | malt tonie will he the number of drug stores may handle. The | permits granted the two — brewing companies by Assistant Secretary Andrews of the, treasury allow an al- coholic content’ of 3.75 per capt. vol- “ume: From five to 26 cases may be ful aished drug stores weekly, according io their size and no prescriptions will he required of consumers who fecl the need of more and better h Where It Gets Its Kick from the healthy |" wet's s - lies not in the alcoholic but in the warnins:| that the tonic won't behave, pleas ant ly if treated as a b ad ven to ten per pre-prohibition beer, it will per cent, As a result, of- als Paruline excessive drinkin roduee illness. Th alcoholic content pre-prohib tion beer having contaified from to 8% per cent by volume. The permits for manufacture ued fe difference in and x jst the government in | keeping it out of the hands of boot- leggers. Wholesalers already have been ask- this provision. The wet and dry leaders, mean- for the modification hearings, which the senate committee will begin Mon- day and continue for twoweeks with the time equally divided hetween the contending groups. Be Anywhere Prohibition officials expect, the new medicinal beer to be sold in bone dry states as well as those having no state prohibition law. In the opinion of Commissioner Jones of the prohibition unit, there are no state laws that would bar it. Many tonics and other medicines containing a substantial percentage of alcohol are on sale regularly at drug stores throughout the country, and are obtainable without prescrip- tion, Mr. Jones said today that some of the tonics now on the market con- , tain a lesser pegcentage of solids than will ‘the new beer. git ie eg! | Weather Report ‘i Temperature at 7 a. m Highest yesterday . Lowest last night . Precipitation te 7 Highest wind velocity Weather Forerast For Bismarck and vicinity: Partly cloudy tonight and Wednesday; nov much change in temperature. For North Dakota: Partly cloudy tanight and Wednesday; not much, change in temperature. Weather Conditions High pressure, with }ts accom panying cold weather, extends from the upper Great Lakes region tu the Canadian Rockies while the low pre: sure area is centered over the iower Mississippi Valley and, southern Plains States. Precipitation occurre in the lower Missi$s Valle, southern Plains States and places along the eastern Rocky 3 tain slope. A marked drop in erature and heavy snowfall occurred in the southern Plains States. Weekly Weather and Crop Report | Farm work made rapid progress during the fore part of the week. but it ‘was delayed considerably during the latter portion due to compara- tively low temperatures. Only light preeiauen was reported, and more | is needed for best results. Winter: aye ts general in good condition and! coming rapid! grasses are doi g well an ition, i ORRIS W. ROBERTS, f Officiat in Charge, «Neuritis in musicians and typists is) @ttributed te am wlation of salts between: shoulder and arm, due’to constant friction, ERAGE | senate | <; ‘Miveatoek are in good i “RELATIVES TO SELL BERR SEEK CUSTODY | OF YOUNG HEIR | | Orphen Son of Former Pat i- can Rapids Banker Cen- ter cf Court Fight WILL NAMED GUARDIANS | Orphan Son of Former Peli- Fail in Charge of Boy ar-old haoo Monday. Relatives from Duluth, Minn., tody of the hoy, uli er, from C ALC. Meh of the esta ether, Sether pr jhe ‘necomes Mr, fo luth, The court ay with Meland until cus Falfs, Minn. May. 30 , Was the fous logut Baht in: probate comet here , stipulating in Sherin a sister sought possession of the Mr. Sherin Attempt to Get [ Has 200 Letters, Asks $50,000 Py orphan, heir to 2 $20,- nter of a vige n is the only son of the late hee an Rapids banker, left an estate valued at “his will that to his son when appoint- Meland nd Rev. uted wich Mr. Rapids admission of Holmquist, mother, nz heir, hould Mr. of the he became of age. Man Is Jailed For Taking Rosary Beads| From a Dead Girl Kenosha, W ads ing in a “Mike Dud house at w home intox pos A tablet to arie Harel, cheese, ch the girl jon of his e¢: March 30-2) Po e looking for some statute that rea charge of snatching rosary rom the hands o little girl urial { arding ied, came ; police allege, and | ly he took ted, arte | ng in jail pending dis the memory of Madame! creator of camembert has been placed on her cot-lard Smith in tage in Brittany. Blessed With Beauty and v Cursed With a Conscience BEGINNING THURSDAY Bismarck Tribune IN THE bank © Tw> hundred Jeiters ferm the ba which Miss Marie Grischeau of Leonard A, Ensmir of Indian he w x his JOE SWIFT MUST SERVE i iti PRISON TERM Conviction of Murderer Up held in Decision From the Supreme Court of killing How- in doe Swift, convic Sioux county must serve the which he was sent five-year enced, the supreme court held in a decision handed down today. ft, who was convicted Adams county of venue hay ing been ta 1 Sioux “ounty where the crime was committe was ‘tried twice, the first trial ing in a disagreement of the jury. has 15 day for te-hearing by the high court. pleaded of a cha In led or is denied he will begin serv ing his sentence as soon as the formal step is taken in the supre court, Errors Not Prejudi In its decision the court he Id tha case were not prejudicial to the fendant and that it is fer the ju such cases to decide whether or the defendant acted in xelf-defense The argumeat which resulted shooting by Smith of a dog owne F. E. Seeley. but which was in poss sion of Swift. The two men ‘wet the noon in a storg at Selfridge, fist fight be Swift and Smith’: brother Walter, Walter Smith re entered the store while his brothe hit Swift with « plank. entered the store According t# a review of the case as given inthe decision Swift st back to the store to get his co Smith with a gun in his hand fired, killing Smith. The-plea to the supreme cout wa based on the contention that ti dence was insufficient to susti verdict. The court held, however, tha questions of that. na same a and case. oe ' Last Minute | News Bulletins | Liberty, Texas, March 30—()— Two men were killed and a third critically injured when a storm swept a path out half a mile wide through the south Liberty oil fields here at 4 a, m. today. Virtually every derriek and build- ing in the path was demolished. Bogota, Columia, March 30— (Mie—At feast 10 persons ware known to have been killed and 20 injured in the collision last vieht ef an express train, hound from Bogota for Girardot and the coast, and a freight train. Two fi class coaches were thrown’ river. Topeka, Kan., March 30—()— The prosecution in the trial of former Governor Jonathan M. Davis and his son, Russell, on charges of sclling pardons, rested its ease today. ito San Antonio, Texas, March 30— Three men armed with shot guns entered the San Antonio National bank today, forced of- ficials, employes and patrons te kneel, t 50,000 in currency and escaped. Chic 1919, ! term to self-defense, manslaughter in| He ni He in which to file a petition not nthe * fatal shooting had its origin in the ¢ i ‘After a He also re- \ » SAW hould be decided by the jury which heard the cach of premise ‘cuting against She s she met hini ngo boule: polis (in. » along Chi TODAY IN W ith Italian debt settlement fore senate, nate tariff commission — in- tigation is resumed, naic and house committees continue farm relief hearings. House comme: committee be- earing of coal legislation. J i cece mit- thdrawal snition from Mexico. JOLLY BREAKS | WORLD RECORD: FOR FASTING: | Phy From Cage and Rushed 1 to a Hospital e event that such a petition is not Berlin, March 30.—(P)-—Herr Jolly the world's champion professional ter: He quit his self-imposed task last night with 44 foodle his credit, with approximate: } t and a bad set of i- t errors occurring in the trial of the gestive “f ecord exceeds by one day held by the Italian, phys $ al wreck when f his gl age and rush- re he will be fed t digestive organs tioning properly again. He was un- able to walks ‘The faster lost 27 * pounds, He weighed 130 pounds vhen he started his task, He is 25 is y s old, ¢ the exhibition the gate re- ceipts amounted to $45,000, OF this amount $10,000 will be deducted for the Municipal entertainment tax, the faster's manager will receive $15,000, ing Jolly 0,000, : Minot Police Chief «| Says His Removal Was No Surprise 30—A)—Dan . removed from | the office of police chief of Minot by the Minot city issi y ed that “my arbitrary Fail from the position of police i chief was no surprise and nv disap- | pointment to me because Police Com- missioner J. Brunner had told {me that he had three votes against ime. r “Knowing ‘ against that I had no chance a majority vote, I only de- a hearing to convinee the that there were no charges jagainst me which would hold water jin a court of justice,” Dougherty said in a formal ‘statement. “In this T am confident I sueceeded. 1 wish to thank my friends who interested themselves behalf, hopeless as the effort inst an opposition which had determined its course in advance of the hearing.” Voracheck, Formerly of Dickinson, Dead irand Forks, D., March 30—(@) 3. A. Vorach forifter receiver of the First National-Bank of Dickinson, N._D., and a graduate of the State university here, died today at the Aberdeen government hospital in St. | Paul, according to word received here today. The body will be brought to Grand Forks for barial. 1 Wreck When Taken! ;“ n an endeavor to get | fune- | ARRESTED IN MILWAUKEE ON CHECK CHARGE shes Wrists When Arrested and Later Tries Strangle Himself to ‘S HERE FOR 10 DAYS Was Held in Minneapolis Un- til He Made Goed Some of His Checks Milwaukee. Wis., March 30. —AP—Dr. Mac. R. Schneller, 38, of Mott, N. D., who was arrested last night for Bis- marck authorities on a charge of passing worthless checks, is improving at a local hospi- tal after two attempts to take his life. When arrested Dr. Schnel- ler hed his wrists on the way to the police station. After being taken to a hos- pital, attempted to strangle himself. A guard has been stationed at his bed side. Physicians said he will recover. Dr. Schneller claims to be a graduate of the University ot Munich, Germany, and says he has an extensive practice at Mott, N. D. He vowed he would never go back alive to face the charges. _ To police last night Dr. Schneller admitted that he had“cashed about $100 worth of bad checks in Bismarck, Signing the name of an old :Schcolmate, Dr. William Sau- er, who, he says, is now in Wahpeton, N. D. HAD BOARD BILL AT HOTEL AND PASSED WORTHL ESS CHECKS Dr. MR, Schneller, who twice at- pted suicide in Milwaukee last night after he had been arrested for one arck authorities on warrants charging him with passing worthless I checks me to Bismarck on {Ma urch S and registered at a local thotel under the name of Dr, Wile D., During am Sauer of Wahpeton, N. rding to local authoritie his 10-¢ himse ae of ; ust_one of then: th be ampoelared arith # local clinic, and thereby establishing « credit. The self-styled doctor left the ho- tel where he had } taying dur- ing the night, the cler es, telling it he was to bill at the hotel which he had cashed at the _ stores totaled in all about $171. He was traced to Minneapolis through a for- warding address and arrested there, whereupon he produced the cash to make good the losses incurred by lo- cal firms and v rele dl, After his re! © loo: officers found other worthless checks which he had passed here and the Minnea- polis police were again notified, They traced the man to Milwaukee, where he taken in.o custody iast night. 1 authorities said today that if Dr. Schneller wili make good the che which are still outstanding here, ‘they will\not press the charges against him, as the expense of re- turning him Bismarck to, stand trial would be greai. FARMER-LABOR PARTY TOHAVE A FULL TICKET No Endorsement Was Made Fer Any Office, However, at Minot Meeting Minot, N, D., March 30.—()—With the avowed object “to save the No: partisan league and_ industrial gram,” the Farmer-Labor party of North Dakota, meeting in Minot until m., decided to put a full ticket in the field at the June primary elec- tion, and to make % determined fight at the fall election. No endorsement for any office was made at the conference, it being the sense of the meeting, according to one spokesman, that candidates should be induced to run for the various offices. All that took place at the confer- ence is not publicly known, the con- vention hall doors being barred to representatives of the press, although those in attendance declared ‘that there was nothing of consequence done outside of the things that were reported, and that the remainder of the tim’ was spent in general dis- cussion of plans for the forthcoming campaigns. Maddo-k Regrets Action Lieutenant Governor Walter Mad- dock o1 Plaza, who was in Migot yesterday and who observed ° the workings. of the convention for. short time, told some of the Selcastax that he regretted to see the confe: ‘a ence take the action which it deciding to put a field, ‘Ceontinued that he mS és