The Bismarck Tribune Newspaper, July 10, 1926, Page 1

\ ale Pe rik br Artie Sin. ii BISMARCK, NORTH DAKOTA, SATURDAY, JULY 10, 1926 STOR MS B N 38 YEARSIN. _ PRISON CELL . FORDURKIN Jury Finds Chicago Gunman Guilty of Murdering Shanahan, Dry Agent AGREES ON 4TH BALLOT Jurors Deliberate For Hours on What Penalty Should Be Provided renee Chicago, July. 10—)—Martin J. Durkin, shiek eutemobile thief and gunman, is guilty of murdering Edwin C. Shanahan, federal agent. The juty ‘which’ for him guilty recommentied’ penalty ‘of 35 years ima) iment. felatives of the 24-year-old Gon wept us the verdict was read, jurkin remained calm. “Oh, boloney,” he said. “It’s a fine wate of affairs when a man can't use a gun to protect himself. 1 was tried for everything but murder.” Denies He Had “He insisted he had t had fair trial, but praised his court-appointed lawyers, Durkin later intimated his dread of years imprisonment with the ex- pression, “They should have hanged me.” The uthful criminal, who fled to California and back with one sweetheart, later to return and marry another girl} was found to have shot the officer while the latter was at- beet to arrest him for auto- mobile theft. , The state had pleaded for a hang- ing verdict, while the defense con- tended Durkin shot in self defense. He claimed he shot the federal operative because he believed him a bandit ‘jeopardizing the $2,000 of admittedly bootleg liquor _ profits which the youth curried’ at- the time. Agree on Fourth Ballot The cofiviction agreement was reached on the fourth ballot. The first stood 8 to 4 against Durkin; the next was 9 to 3 and on the third 10 had been won to # guilty decision. The jurors were not agreed on the penalty, however, and cliberated for hours to determine whether Durkin should atone for Shanahan’s death on the:gallows or in a prison. cell, and as to how long the im- prisonment should be. , Announcement to the court of the jury's finding was withhe! agreement was reached on tl of the punishment. __ Moves For New Trial Motion for a new trial will be heard July 17, when sentence will be passed formaily. Mrs. Hattie Durkin, the boy’s moth- cr, and his sisters Lucille, 17, and Ann, 14, were stunned oy the guilty Mrs. Dur- verdict. A bailiff ask kin if she desired to thank the jurors] D: for sparing her son's murmured “thank you,’ tears. The father was not in court. Only o1 f the three women who were Durkit successive colleagues in the three month interval between he killing on October 11 and his pture, was in the court room. She was Margaret West, a cousiti and his companion on a motor trip from New York to Chicago last November, Betty Andrews Werner, living with him at the time of the shooting, was not the court room where she starred chief witness for the state, nor wi Irma Sullivan, whom Durkin wed! last December in East St. Louis. and she} Long after Durkin had been tuken| th back to the cell his kin remained sopbing on the benches where tney. slept through the night, waking oft- en to ask news of the ju Durk overturning the verdict in further court action. MONEY WELL LENT. TIRED OF THE HAREM. THE UNPLEASANT GARROTE. FOR: ADVERTISING MEN. By Arthu (Copywr'! The public sees with Morgan findncing 10 mi the Fiat At ob Italy, and Clarence Dillon his financial genius in German-industries. Americans gladly send money build up i k industries, give work to through her | San in expressed confidence of. y Would Organize Health Unit in‘ Bowman County Dr. A. A. Covington, Satt Luke City, was in Bismarck recenily in the interests of organizin;: a fui time county health unit iv. sor county, with the assist: tee i Health Boar: mM represented the In- foard, whi... “ ta of the Kockeici- PRESIDENT ~ OPPOSES LONG MOTOR TRIPS Only Vacation Journey of Con- sequence Will Be Trip Next Week to Plymouth Paul Smith's, N. Y., Juiy 0.—(@)-~ Pre t Coolid; sions at White Tine Camp are to be the out of doo: pastimes that sug- gest themselves from time to time in} such a wilderness sput. They include no long motor trip except # jourpey to Plymouth, Vt., his boyh vod homc, which he may visit next weer for a few days, He is uverse to extended automobile, journeys because of the elaborate preparations taking his entourage, and fore prefers to confine hi spins of moderate length. The vacation, however, is not to be A al The duties o1 his office pl. “3 n he there- Crives to him ek the spending a part o comfoftablé study tending to his work res with fishing tackle have much attention since he came to the mountains that his oficial spokesman was led to express a doubt at yes- -terday’s conference wich newspaper- men as to whether’ his exploits as a fisherman constitute 9 ma‘ter of suf- ficient national importance to war- rant the publicity they have received. concerning the pike Mr Coolidge landed on the day of his ar- resident's representative fishing, and there the dropped. CONGRESSM. AND MRS. BURTNESS C: AT CAMP Paul Smi N. Y., duly 10.—(AP) —Encouraged by his first success as a fisherman and by subceanett ractice in casting, President ol- lage entered a boat with a guide and put out on the waters of Lake Osgood today to try for the fish that fre- quent its waters. Silence surrounded the boat and as the morning wore on no word of the success of the expedition came to White Pine Camp. : ‘Meanwhile the first visitors of the vacation were received at the executive offices here, when Repre- sentative and Mrs. Burtness of North akota, who have been touring New Rosine. called on Secretary Everett ers. Clothing Worth $500 Stolen From Northwood Store Grand Forks, D., July 10.—(AP) ~-Robbers who entered the C. J. ‘Rosenberg ladics ready-to-wear store in Northwood, N. D., Friday night vl al + ar with clothing valued at ey e08, according, to reports ped received at the sheri ° force of deputi in sent to Northwood to invest- igate. Several dress han; were found the roadside a half mile north of forthwood and this constitutes the only clue nm which the officials. have to wo © Weather Report Temperature at 7 a. m. Hig yesterday . west last night .. recipitation to 7 a. m. ..., Highest wind velocity Weather conditions kota points for the 24 at 8 a. m. today: 's summer diver-j involved in| ¢ RING DEATH STSCONVICTS ~ LOCK SELVES - IN COAL MINE Inmates of Kansas State Prison Mutiny—Refuse to Leave 730-Foot Level FEAR GUARDS’ SAFETY ‘Warden Mackey Proceeding | Cautiously—Hunger May i Cause Surrender ( Lansing, Kan., July 10—(. ing at offers of arbitration, 375 Kan- sas state prison convicts carly to- day refused to leave the 730-foot [level of the penitentiary coal mine, in which they yesterday locked them- selves und 13 guards. Warden W. H. Mackey said he be- lieved the self imposed imprison- nent a part of a protest over shortage of bed sheets in prison ell houses. The shortage of bed- ing, Mackey declared, was due to kK of funds in the lust appropria- ion by the state legislature. Fear for the safety of the guards the mine caused Warden Mackey proceed with caution in attempts {to extricate the convict plan- ned to make no effort to bring them t until later this morning, believ- that, hunger may cause them to der. Even /if armed men di { —Jeer- " guards are wi t for clubs, carrying of. fire- into the workings being for- Frank Norris, convicted of murder at Leavenworth, Kansas, is believed to be one of the leaders in the mu- tiny. LEADERS OF MUTINY ASK FOR CONFERENCE Lansing, Kans., July 10.-(9— Leaders of 375 prisoners in the state penitentiary here, who mutinied last night wh the bottom of tne pri- son mine shaft and refused to come to the surface or to allow guards to. descend, asked for a conference with | Warden W, H. Mackey this morning. Warden Mackey ,informed the joo ers that they could talk with n R. H, Hudspeth later. e@ request for @ conference is the first word that has come from the prisoners who blocked the mine cage at the 730.foot. level yesterday just after the noon meal had be lowered to them. The men json- puty we! jie rvised at the time by 13 guards, all of whom are held prisoners by the rebellious convicts. og ad REFUSED PRI WARDEN Lansing, Kans. July 10.—(AP)—' Warden W. H: Mackey of the Kansas j state penitentiary today flatly refused {to arbitrate w 375 mutinous con- victs who yeapersey: seized the prison mine by nine J themselves in its 730-foot level and holding as pris-| oners the 13 guards assigned to watch them. Mackey’s vefusal to ‘comprom’ ter the rebellious convicts ands to the sur- The men demanded the release of four prisoners win solitary con- finement for taking part in a riot! in the prison Thursday night; a promise that none of the mutineers would be punished: an order moving all. prisoners working in the mine from the old cell house which they now occupy to a new cell house equip- with running water and other conveniences: h square meals a fifth demand t oRy of the prisoners’ be published in newspapers “under a signed Photograph of Gov- tr Ben Paulen o! cy As assurance that the demands have been met the prisoners asked that copies, of newspapers carrying their demands, under the governor's photograph be thrown down the mine shaft. No Leniency Forthcoming Warden ‘Mackey refused to comply with any of the demands and informed ‘the prisoners that they could come to the surface whenover they wish- but that they need expect no eee \d for “three square mea! and fo: a day,’ "Warden Mackey said, wa: the ‘test complaint he had h to the fare in the prison. to Europe to be used to! nun mechanics and building prosperity of | Fessende: friendly uations, What Americans dislike is that} j United States funds should be used | Langdon to finance equi it of armies to help our European friends to kill each other. — Turkish gists, you will be heat, have fost interest in the! Z thick cushions, sweetmeats, few-atrings and conspiracie: Young girls | Sn 2 the to larem, 46 49 0 Clear 4 49 .10 Cloudy 49 © P.Cldy. 33 0 -P.Cldy, 46 Of Clear 52 0 Clear felnity: Fai Peebably bunds: Mame, uced @ menu to convince newspaper- men that the prison m tc? i have been in mutiny since 0 yenterday morning, They block- je mi ine cage by running ‘huge rs through it after the noon had been Jowered to the shaft. ‘tof Public Health Not Economy Says Dr. Whittemore] F meeting. fore heal is not nom; » A. A. Whittemore oi the "state board’ of health this One of the major projects of the time n in all the nl there were ireogtet ‘he "For North Dakota: Fair tonight| of and day warmer Sun-| west and north portions by n this year will be the ; Contracts For 1927 License Tags Let Contracts for the automobile li- be North Da- Q i@ been let by the st¢te highway comm'asion to the Western Stamping and Manu- facturing company of St. bid was $15,778.28 on th Fequirement of 167,900 tags. color scheme of the 1927 tags has not yet been determined and will be left to State Registrar Fred B. Ing- COUNT SHOWS WARD WINNER OVER ADAMS Nonpartisan Candidate. For. State Senate in 26th Dis-. trict Is Nominee Steele, N. D., July 10.—C)—C. A. Ward, Nonpartisan, will become the Republican candidate for the state senate, a result of the official canvass of votes, just completed. Unofficial returns had given the nomination to John Adams, Inde+ pendent, by a margin of two votes. in the two counties that make up’ the dist Emmons and Kidder. Yesterday, the official canvass of Emmons county was completed, and instead of’ showing Adams in the lead in it county by 29 votes, an the unoffici invass had shown, Ward was pl in the lead by more than 20 vo d had a ity of 27 votes in Kidder county. - As a result of the shift in nomination here, the status Independents and the Nonparti: insofar as control of the senate concerned, remains balanced, wi each faction having gained one nomi nation, and cach having lost one pi viously held, by the primary vote o! last Wednesday. JARDINE IN NORTHERNPART | OF MINNESOTA ‘Agriculture Secretary‘ to in- spect Duluth Forest Ex- periment Station the he Duluth, Minn., July 10. —W eve M. Jardine, secretary of agui- ulture, will head a party of state and federal experts in an inspection of the northe: rn Minnesota forest ‘experiment station here next Mon day, it was learned today by the As- sociated Press from Fred Vibert of Cloquet. Dean W. C. Coffey of th. Uni si a of Minnesota departr-ent of a culture, and Rr. Raphaei Zon, dire tor of lake states forest experi- ment station, will accompany Mr. Jardine on his inspection. The local station, of which Thorwald Schantz Hanson is director, is maintained jointly by the state university and the United States forestry ser- vice. Mr. Jardine and the party with him will view the station and the forest NEW LAWYERS INGLUDE 16 MEN, 1 WOMAN Chief Justice Christianeon Administers Oath to. Suc- cessful Candidates Sixteen iten and one woman we-c admitted to practice law in North Dakota courts ut the conclusion of the ckamination for entrance to the bar here yesterday. The new barristers were sworn in by Chief Justice A. M> nson DE —————_ —___-_. Ak “3 Three hundred and eighty-five people were drowned and much property {town of Leon, in Guanajuato, Mexico, ture shows how the adobe houses crumbled away when the wat | 1 one of the main streets of the town. Embalmers’ Board Gives Examination For Two Candidates is shown flowing through MN. BENTLEY OF BALDWIN DIES OF APOPLEXY 2:3 Was Pioneer Farmer of That: North Dakota Vicinity—Funeral Will Be Held Sunday _ The state board of embalmers held its regular semi-annual meetii two candi- Those who too! at were present are not, president; Mandan, vice pres Toomey, Devils ' State Health Officer Dr. A temore, Bismarck, is the se 7; the board. ‘PRISON TWINE MAY BESOLD IN | oy jans in early days. Another of! | ase friends and ‘associates of Less Will Be Needed Here! tMane days was Charles Rowe, Man-| jan. 9 in, Jamusry 12, 1808, he was mar-| Than Usual Because of ried to ertine Meyers at ’ Pec marek by the Rev. A. Durrie, To this | Crop Shortage i union two daughte: were born,| Sea i Rosetta Bentley, who’ still lives | Indications are that all of the 6,-; home, and Mrs. Conrad Johnson, Bis- | 000,000 pounds of twine manufactured {| |this year at the state prison twine; 30; plant will not be sold in North Da: marek, FA afternoon from the Bald-| kota, according to Warden John’ J agin Nordal Bent) «i, pioneer, two miles wi win, died suddenly Frid: a He was in health. Mr. Bentley filed on the home- stead on which he has been living in November, 1897. For 12 years he! was a cattle puncher, working about! Medora. He was a close associate of | odore Roosevelt and many times visited’ him in his cabin, i f forking for 4 number of years for the . Chri and were addressed by. Associate Justice Sveinbjorn Johnson of the su- Preme court, The men who successfully passed the examination were: George V. Setter, Peter C. Masicen and rd nes, Forks; Willian T. Depuy, G Imund Dubs, New Leipzig; 4. Gronna, Lakota; William A, son, Minot; Nels G. Johnson, a ean William H, Keefe, LaMoure; William Maurice Kiley, Bismarck; Gordon William _Babree, lef River Falls, Minn.; Walter Mohn, Linton; Le A Wi bert Jacob- Palda, Minot; Charles Shat ) ig City and Edward O. Slind The Portia of the class was Frances Mable Ottum, Grand Forks. The funeral will tuke place at Susday H win church, following a ‘short scr-| Lee who algo is plant manager. vice at the house at 1:30. The Rev.| The reason, Lee explained, is that G. W. Stewart of Mandan will offi-| the small grain crop will apparently ciate. Burial will be in the Baldwin| be short in many sections and 1} cemetery. i be needed. Although most nero armen oe tw, oa pink conteacted by. ealers in this aud adjoining stutes Plead Not Guilty loo expeets u number of cancellations | H H | which will materially reduce the sale. of Minot Robberies |" "ii. iter dation ne cath the peak able red ion in the amount of Minot, N. D., July 10.—(AP)—Pleas| twine sold-at the prifon plant this! of not guilty to charges of burglary, year in comparison with last year. were entered in district court in : 1,500,000 pounds of Minot yesterday afternoon by Walter) twine were sold to farmers at the Martin and A. W. “Pat” Lilly, co-| prison who loaded it into automobiles fendants of Norris Forrest, alleged| or trucks and hauled it to their farms. “lone wolf” burglar of ‘Minot, who| ‘Lee recently sent a sale n into recently escaped from the county jail. certain parts of Montana in an effort} The pleas were entered after de-| to drum up some business there. murrers which had been interposed to anwhile the prison twine plant informations against the two, jues to operate on a full-time defendants had been overruled »: sis although ‘Lee no longer is work- H. Moellring of Wil 1g a night shift. : { ick Plant Operating Judge Moellring dismissed the} Additional employment for prison- jurors who had been summoned for, ers is provided by the brick - plant the jury term of court until July} which now is in operation. Lee ex-! "19, after the entry of pleas by Martin pects to make brick as long as the! and Lilly. Whether ‘Martin and Lilly| weather vorable and expects the} will be t r ed at the present term of season's total to be in excess of! unkn + It im-| 1, f a Sestivle to ge th, Gia! ,hamedi The brick plant bad not been le to to trial immediately " Seubace of witnesses for) operated for four years, however, and! ‘both the state and the defense. some delays have been experienced| er more than 24 hours of delib-| in getting the, machinery in good: ion, & which heard testimony; working order. "He hopes to reach in: ithe near future @ capacity of 15,000 it Gilbert Peek o! with unlaw- bricks a dey. id which was! plant will be used by the state in verdict, was) maintaining state institutions ani jon by Ju erecting ‘new buildings where they may be deci ST Upper pic- swept through them; below, the water aa GOVERNOR T0 BE PRESENT AT CONFERENCE : Will Return From Western Trip to Attend Meeting at Cheyenne, Wyoming Sorlie will be pres- conference at 27 and rnor A. € i an’ from the governor’: ing indicate h Forks July 16, aft banquet xt the University on that ht, and will be present for a pror gram ut Fort Buford on July 17. From Fort Buford he will go on a special train to Astoria, Oregon, on the: historic on being spon- ered by the at Northern rail- road, A number of prominent peo- ple will be present on the trip. The governor will probat the party at the n Park wn the return trip in orde reach Ch fo ernors’ Brewster, Maine, are all expe: be presen After the conclusion of the confer- ence the governors will sta; seeing trip through the National Park. They will visi Sity and Ogden, Utah, among during the jour » and Cheyenne the evening of ected to other point return August TRUBSHAW IS STILL IN LEAD IN FINAL COUNT Votes From ‘Valley City Pre- cinct, Which Were Ques- tioned, Are Counted Valley City, N. D.. July 10—@)— Votes cast precinct No 63, one of the Valley City wards, will not be thrown out by the county canvassing board. Such decision was made yesterday by the board, and is in accord with an opinion by the state’s attorney that no irregularities had occurred that required that the precinet’s vote be ignored. The only question at that havi issue was ig to do with the proper tor. le the question of ised, the issue of ty au Whi re was ral who wend be the was destroyed when the |! was swept by the flooded waters of the Gomez river. RUCTION | 385 LOSE LIVES IN MEXICAN FLOOD HEAT WAVEIS — FOLLOWED BY - RAIN AND WIND Widely Separated Areas of Northern and Eastern United States Affected MANY _ PROSTRATIONS Walla Walla, Wash., and Phoe- nix, Arizona, Hottest Places Yesterday Chicago, July 10.) nthe. heels of one of the severest heat waves of the season, heavy. rain windstorms of tornadte’”4 have brought death and degtructi to widely separated arcas vf ti north and eas Sudden storms, striking sporadical- » ran through the northern part of the country yesterday and last night, with further disturbances in prospect for much of t! ry Aoday. Heavy precipitation, which covered virtually all of the northern half of the country from the Rocxy Moun- tains to the Appalachians, broke the heat wave in the northern portion of the middlewest, and in most of the upper lake region, but anather wave has developed over the Pacifi¢ , the weather bureau reported, Dozen Deaths Reported The heat and tempestuous weather nore than a dozen deaths yes- terday. One twister swooped down in the St. Joseph Yalley near Buch- anan, Mi killed ‘three pursons and injured three others in leveling sev- eral small cottages and then cut 'a half-nv path westward. In north ern fn a, high winds swirled through Hammond and Michigan City, unroofing houses, blowing over trees and damaging communication ines. Further east, severe storm wreck- ed a large circus tent at Erie, Fa., last night, killing one man and in- juring seven others. New York city experienced the hot- test day so far this year when the mercury clinbed to 91 degrees in mid-afternoon. The humidity sent 600,000 persons to Coney Island, where three died of heat. Seven oth- Were prostrated in the metropo- Although rain held tife day rature eage to 82 at Chicag eat deaths were recorded, to seven of the previous day, whe! thermometer shot up to 92. A heat crazed man killed himself at Gary, Ind., two persons were drowned 11. or near Chicago and an 18-year-old youth was killed near Lakeman, Mo. Blockeu Ri York also suffered severely from storms, following the hottest weather of the season. Many highways were blocked by fallen trees, trolley service was interrupted, cellars were flooded and crops dam- aged. A boy was kil by lightning at Holcombe. While temperatures adpve the 30 mark were noted in many scctions of the country, the two hottest spots yesterday were Walla Walla, Wash., and Phoenix, Arizona, where the met- cury stood at the century mark, BANK OFFICER UNDER GUARD DURING TRIAL Armed Detail of 23 American Legion Men Guard Jail 4 July 10.—(AP) 23) men has been~ thrown around the j jail in which H. H. president of the First N of Byffalo, on trial here, in default of $60,000 bi ties gave no reason for their act. The guard, composed of American Legion men, was placed about the jail last night, and today was shifted to the court, house, where Sievers is on trial. Sievers took the stand yesterday in his own defense in his ts charge of aiding and_abettine the larceny of $33,000. The state rested its case late Friday, and the defense began taking of testimony. he 23 men were deputized as special officers and have kept an all- night vigil over the county jail. They are armed with shotguns and revolvers, Crop Production . Forecast Issued . Wai July 10——Pro- duction of ye important farm crops, a: dicated by their condition on July 1 and announced today by the department of agricul- ture, include: Corn .000 bushels compar- 581,000 bushels “last ed with ts, oinate 00 ‘bal year. - 698,486,000 shington, tl compensa with “Oats 1,334 The brick made at the; filing of the poll lists with the coun. oH pike a