The Bismarck Tribune Newspaper, September 28, 1926, Page 1

* WRATHER FORECAST Increasing cloudiness toni, Wednesday vrobably unsettle: ESTABLISHED 1873 |THE BISMARCK TR BISMARCK, NORTH DAKOTA, TUESDAY, SEPTEMBER 28, 1926 RAILROAD EMPLOYE KILL Sa CARDS BODY OF MRS. B J. LEE SMITH f ISRECOVERED & Was Missing Several Days After She and 2 Sons Were BOTH SURE OF | WINNING TITLE} i : Porto Ric Members of Both Teams} is likely orth’ 4 Grooming Themselvs For |.” Washington, ! Drowned in Storm World Series Opencr OTHERS FOUND AT ONCE FIRST GAME SATURDAY Bodies Will Remain There For Present, Judge W. 8S. Cas- selman Wires | The body of Mrs. J, Lee Smith, | formerly of Bismarck, whe with two Mcund Artists For Initial Con- flict Not Anncunced—De- pends on Weather New York, Sept. 28. -#)--The New York Yankees, monarchs of the Amer- ty Sept. Intensity unknown. moving ,northwest: or west Weather Bureau Warns of Another Tropical Storm ENCOURAGED BY weather bureau today issued the fol-} lowing storm -warning: Advisory 10 a. m. There are indi- rbance cen. BOLTON DEATH ACCIDENTAL, JURY DECIDES Driver of Car Which Hit Bis-' marck Man Exonerated of Accident Bolton of Bismarck, Setar. day night when he was struck by a of hee gees win’ Grewal when the ican league for 1926, and the St. Bla F Louis Cardinals, « andard V+arers in me For F tropical hurricane struck Moorehaven, the National eireuit for the first time Reais Florida, @ week ago, has been found in basb: history, were groomin, Arthur Guy according to a telegram received to- Maj. Gen. Charles P. Summerall, U.' themselves today for the first wori Mf day from Judge W. S. Casselman ofS. A. is the now chief of staff of the Sivan in the Yankee stadium merienn -army, replacing General ys : to New York last night from the final swing through the west that them clinch the pennant with dou! victories over the St. Louis Browns last/Saturday. Most of the Cardinal ulars have been resting here since ith the Giants and Brooklyn the batter part of the last week. “We'll beat ‘em,” Babe Ruth an- nounced, “There'll be nothing to it.” ikees in High Spirits Absolute confidence in their ability to turn back he Cardinal bid for the baseball championship of the world, along with mingled relief and satis- ‘faction that the season was ended successfully after the nerve wracking slump in th: al days of the cam- paign, showed in the Yankees’ high spirits and playful magner. No whit the less confident are the Red Birds of St. Louis, who are working ou’ for the first time in Yankee field today, Here the Yanks have a decided advantage in knowl- edge of the shadows and lights that play a the infield and out in the garder well as a thorough ac-{ of city water mains on Twenty-first quaintance with the backgrounds that i left. h t | Street from Rosser to Avenue D and’ will outline the ball as the New bos phages agar but PH ta a skal age § on. Rosser from Twenty-first to | Yorkers take their first healthy cuts weeks ago badly) es incdwin| TWenty-third streets at the meeting at the slants of the Card hurlers. No Moorehaven, Florida, when Edwin | of the city commission Monday night, such advantage rests with St. Louis: ), Smith was employed, after P. 0, Hellstrom had uppearea in their own park for the Yankees! ef before the commission, protesting have been playing the Browns there the proposed improvement project in ason. behalf of A, B. Carley, who owns! Cardinals Sure of Victory i Ey, along, its route. The Card are certuin they can iP Ne jetlstrom presented’ a ‘written! whip New Yo: inthe « jection which he had attempted to ing series. Rogers Hornsby, groom- file with the city auditor og an offi: ing his pitching” tolay had no cial protest but which he had offer- idea who would in the first ed for filing one duy too late, Cold weather is expected to ld fi cSrding to provisions of the city or- ? dinances which state that objections to such improvements must be made within 30 days from the pfissing of world series contestants, getting the, the resolutions. ‘mound call. Flint Rhem, youthful The attarney claims there are only ace of the staff, and Canny Bill Sher-1 four sinpil residences between the del, veteran southpaw, work best un- | proposed beginning of the new water der a warm eun. s mains and the city limits and that | The weather il none of these is likely to use city Miller Huggins’ announcement of the e says, is not Yankee pitching nominee for the first. Planned fer the purpose of serving conflict, for the entire staff, includ- residents. of the city, and there is no ing the regulars, Pennock, Shocker, necessity for it for domestic pur- Ruether and Hoyt, are in fine fettle. Poses. ‘The optimism of the players has | ¥ Will ‘Take Cane to Court | spread to the midget manager. “We're idge, General Summerall is ¢ ed to follow his predecessors’ pc of using the regular army as a tr ing unit for a large civilian reserve force. EXTENSION OF of his sister and two nepiews, d j The bodies of the two boys, Edwin selman Smith and Clement Cas- Iman Smith, were recovered as soon as the storm subsided, the message from J. Lee Smith, Jr., who survived | the storm, said in the first word to reach here concerning the deaths of the Bismarck peo; ut the body M ing for sev- the bridge, met an unfortunate death,” convened in Mandan K. Kennelly, Morton Zent was exonerated the accident. Bolton in a eral day: The bodies of Mrs. Smith and two sons will remain at Sebring, Florida, for the present, according to Judge age. When the j ek he planned to > bring the bodies here for interment, | WATER MAINS cnine"thusband and father of the, City Commission Opens Bids starm victim is elvil engineer stt-| on Project, But Delays Ac- tion to Wednesday ditch with while he ws Zent’s car, a four wheel bral turhed — comple smashed ag: Coroner Kennelly, lend assistance to th iy 1, Republic of Col- and it is not of the storm and of the death of three members of his family has yet reached him. Mrs. Smith and ‘sons Clement and J. Lee, Jr, resided in Bismarck for} Evi Zent had tried to ay Bids were opened on the extension st car Funeral serv held Wednesday afte: Vater officiating, in the family lot at te leaves.hi Botton‘ of Bismarc! his grandmother: 7 GREATEST BATTLES. NOBODY KNOWS COOLIDGE. YIGHT THE DEVIL FUND. WHEN A MAN 18 DRUNK. ame. Enhance the chances of Jets Haines! ‘or Grover Cleveland Alexander, star! when the Philadelphia Nationals were By Arthur: Brisbane. (Copyright, 1926.) Many important btatles have been q fought since Alexander sent Darius iiecing to his deat ey, The taking of Constantinople gave the Turks a. footheld on European _soil, They still hold it. The defeat of _Mohammedans by ikewise is postponing | water. The extension, verdict reached by th struck a wild doe, one of seven that darted across the road in front of his machine, sending his broken wheel. attempting to to secure a ride to either Bismarck or} Mandan that Bolton was hit. edan equi it the automobile of who stopped to the Webb Bros. chapel, Rev. W. Bolton, who was 25 years arents, Mr. and car driven by Jack Zent of Mandan on the Bismarck-Mandan road west of “accidental and according to the e coroner's jay Monday by John county coroner. of any blame in car which had into the Tt wa car lipped with skidded 99 feet around an © men, Could Not Tuén Out ence at the inquest showed that striking Bel- ton, but that he saw him too late to is car and he could not turn out ther side, because of the w one side of the road and nelly’s machine on the other. for Bolton will be’ ing to the trapped levet, rnoon at 2:30, at E. Interment will be St. Mary’s ceme- td, five sisters PERSECUTION | OF CATHOLICS il a car} { ! } n-| blocking the tunnel and to drop it to; ALR, families. \e ‘and tad spent after their “tricks,” they two brothers, Mrs. Thos. Luyben and, *mile confidently, Mrs. Geo. Upright of Bismarck are’ t@ | IS DEPLORED Mexican Goyernment’s Sup- j they are brought out alive. ‘The fi Charles the Hammer, twelve hundred Mr. Hellstrom warned the commis- confident we're going to win,” Hug-| Pression of Schools, Church- | years ugo, kept Allah and his prophet sion that if it attempted to. go gins said last night, “It'll be which : » from. taking the place of our trinity through with the proposed extension, ever te! es, Condemned ii does the hitting, and we're tern Europe. "The Battle ‘of Waterloo settled one '! ;aure we're going to do it. We're ‘¢ion company of Fargo, which bid $85 experienced We're about he! at receding the recent armis- 9)" tho one. h fi tel ydrant and $2.20 per even in infield strength, but ours is; teeta angthet emperor and nent foie neha eth is ‘better he ae man in Place, . ee additior q iyorge givenenens, ane racte! cents per cubic foot for any rock all the boys are cockey and read: odds see Els ol retripetoesy excavation encountered. Thi W oerk go. There is no doubt in their lads knows.” He spert an hour talking COUld be started hy October 5, the or in mine that the Yankees will with President Cool who said bid specified, and completed by win.” nls, As. Foe Fone I egg ary poe ee laid the matter i Rae BEresse ways rather hoped that I might keep the table until Wednesday ere Se 1 store when I grew up.” “a orelock, when an” adjourned. Weather Report meeting will Little Calvin on the Vermont farm ‘Weather conditions at North De- ; _ Martin Bourgois ‘and Lynn W. didn't yearn to be s policeman, roll Sperry requested thé commission to: kets points for the 24 hours ending nobody even rrebicted that he would take some immediate action towards at 8 a. m. ies el Verba tion passed ed against the Catho! their government, {tice in that count: sympathy.’ : 0 ey + Bi fected by the general e Uncle Sam, meee: Other prohibition. in inches “The matter would given early at-| Precipitation to 7 a, m. . .The turnover of the giant U. oe advertise for bids for publishing the was: by Preside Matilde M. Corwin, Bismarck Loan dollars. Re “keep imovroving the old river road to con- Temperature at a. Ba Bevaldent.. AS wanting: 40 P mect with the main highway near Highest Yesterday | proportion- be bee! far and yere assured that) Lowest last nig! i keeping | tention. Highest wind velocity . jew Ordinances Temps. ; cs * The eee of city setin- champion lesaler and retai in) ances was given its secon zeening every line, except fl, machines, and final Monday night 7 Mine cans Cae the city sanitcr was Inatrarted to) Ltd., is billions uncounted, net in-| ordinances in book form. The new; come, distributed among permoonee| ane will be in effect upon their; Amenia . partners, at least one hundrel billion’ publication in that form. BISMARCK . dolla: cost of, petition signed by T! Gordon, Bottineau ... sey ne nid Meee oananiiien Wm. C. Johngon, John 8. Stumff, Devils Lake . nt 00! » 16 million recently it was less than 600/ and Investment company and F. W. rd of the points out.| Murphy asked the city to install dale . believe that thie ‘was secre! ary of the} sewer on’ Avenue B from Griffin Fessenden . Pye navy, army and navy combined cost; street te Bell street and on Bell Grand Fork torial and unreas only 50 millions a year We ; street’ from Avenue B to Avenue C.[ Jamestown the Volstead that on one leship, then we junk be modified so as to ufacture of and bg ier | 8t. Clo vention city, where to meet with j The petition pointed out that owners’ it, at England's requeet. of 680 feet of the 760 feet ase seal, fare, —— o1 President Coolidge keeps a Mey managed Marshal or 86 per tent, had signed, Lisbon dinance creating a sewer assessment Minot . ** big papeen. to oceupy any man’s it resi tor J Binopaon, he woul sked to confine bi district to cover this sed im- 1 porramest was given int first read:' Debinn, Williston |): ‘Temperature and ' @200000000s000c00Precipitation : PESSRRSHSSSSVSECE Lowest Moorhead, Min: For Bismarck vicinity: In- loud! tonight. Wed- ior Stab eneettiod Not much rature, self to Mar-' : lies, in. 1927, ‘which about “Self. aured this elty. ident, tore Ni unis pity earristbly on ‘ar He| apeeld cone tae se keep an Americ: * Gttales of Une ele of Entertains Jamestown, new Nine S district court whhn Tone a, 201 ronds ineheo! ae ee ae hont Sact ie Pe: Sept. Unanimously condemning the stand of | the Mexican government in regard to! suppression of the Catholic ‘hurehes and schools, the brutal suppression o the suffering Catholics our sincere Made U.S. Citizens , Phe gy bid resented on the work ft our hitting sl We h nga iy resent on wo it of our itting slump. e have emperor, after a had made all other , 7) ‘ioe Te tae Cee eee nee erlsmend’ teen and more|;, Meltose,. Mina, Staats ind its auxiliary, at the ion of the annual state con- fon at pial rose, Maney, en ir sympathy to the persecute tholics of that nation ins resolu- before both assemblies. The resolution says in part: condemn the unjust persecution wag- “We ies of Mexico by id against the and jus- extend to It was urged in the resolution that ; an international reconcilation be ef- Catholics throughout! the world and the Mexican govern- bition Touched On resolutions with the moyement in regard to mod- routh, labor, farm questions and passed dealt The resolution regarding prohibi- tion, passed with unanimous acclaim, federation of German Catholic societier believes in obcd- ience to all laws of the state und the| nation and deplores the flagrant dis- rohibition laws, We defiance of the fed- law is largely due to the dicta- mable features of lawtand that it should permit the man-; ‘of beverages not in fact.” | @as nanied as the con- it was expected the Central Verein, the national federation of German Catho- is virtually as- Newly American citi low | naturalization 2 rayon, were fu ts of the local ideals jub at regul mn Monday. of those granted citisenship in esterday 28,—(#)—| ed first aid men. { Th {ow MINE WORKERS | SIGNS OF LIFE Rescue Men Claim, They Heard, Signal on Water Pipe in | Reply to- Hammering FIRST AID MEN READY, Mining Company Declares Four or Five Days May Be Necessary to Reach Men a Ironwood, Mich., Sept. 23—()—The fifth day of underground imprison- ment started today for 43 miners en-| tombed in the Pabst Mine Friday with} our succor expeditions working des-| persiely, encouraged by two signs of fe last night. The first indications came when a distinct signal on a water pipe was eard by a crew of workers in reply to hammering. Later, Alfred Mak‘ dauntless rescue worker, descended! gt the end of u safety line through wreckage and debris to the nearest Point to the miners yet penetrated. Passage Way Blocked jaki made another discovery more disconcerting when assage was blocked 60 feet be-' the point where a rescue party Girl Succumbs to Injuries Received in Hay Loft Swing in G shaft to clear away| Mankato, Minn., Sept. 28.) ‘age which blocks the entry) Whirling aloft on a swing in the hay ighth level, where the prison-| loft of the Herman Block farm near ¥ Lake Jefferson, Edna Maria Block, finding determined that the aged 7, suffered injuries Saturday 11 be long before rescue is ef-| afternoon which proved. fatal last In the mean-| night. nging too hich she struck available 2 cross beam and ri ured a blood of energy is being concentrated on} vessel near the bri Her twin this and three other avenues, one of, which is the piercing of a hole by a diamond drill to facilitate the pai age of food to the men Anotl is a horizontal tunnel from an adjoining mine while the fourtl and most hazardous is from the bas of G sha From the lower levels! workers seek to dislodge the load brother was her com accident occurred. ‘BOTH PARTIES ASK CHANGE IN VOLSTEAD ACT ;Republicans and Democrats of New York on Record Fa- voring Modification inion when the clothing and message the shaft's bottom, clearing an open- Families Sure of Rescue At the mouth of the shaft, lance but tense with the emotion of the tragedy, are groups of the miners’ ‘As workers emerge, dirty i Everyone is cer-! in that the rescue will be made. Just how long it may take cannot be determined with the speed of prog- ress varying. Expectations at first were that possibly one expedition would shove through late tonight. The Oliver Iron Mining company, which however, issued ao stat through ite press bureau declaring that four or five days may still be necessary. With the. minin, colony. the reseue is hope against hope with the first law of confidence rigidly observed. New York, Sept. 28—(—Both Re- publican and Democratic parties in New York are now in favor of modi- fying the Volstead act. Their chief candidates for the November election are for modification. Repu ms were on record today ied. 88 favoring not only prohibition en- A total of 420 men are engaged in the forcement but a referendum on state reseue work with physicians and determination of alcoholic content of nurses in reserve to receive the men beverages. They udo; vii P ia) . pted their plat- aNbule any. cenmnas’ effort be: 8US-\¢or ot. convention. in. Madison cessful, ‘Square Garde i . § e nm last night. Eines Rectarstions have bern “Tie Uameetata, iponn io favor made for the care of the miners if 1 oditication of the Istead act, de- to enter the shaft after uccess ix gained to the prisoners, will be train- a Tonight the Republicans will re- They will Poy pe rene to nominate James W. Wadsworth for wrap about the miners, light soup: panier sear nae to start their diets, and blindfolds for Dgilen L. 1s for governor. The their eyes, Every man who domes up Democrats will nominate Governor Al from the long spell in darkness will Smith for a fourth term and name be blindfolded, regardless of hix phy- Robert F. Wagner, justice of the state sical condition, the severe, Supreme court ifor senator, shock of daylight on his tired eyes. | The Republican platform was The men brought out be taken adopted without dissent, notwith- tp the railway car of the bureau of standing the desire of a minority for mines, which is on a sidimg less than ite enforcement act. This was 100 feet ‘from the mine head, ,The taken to mean that the drys’ opposi- Gee tlhe Sued Ar a. renelving Wath: ‘o the nomination of Mills will be ti Tt has six Pullman berths and seven futile. cots will be placed in it, Those re- NOMINATIONS MADE quiring further hospital care will be ; transported in ambulances and heated ACCORDS ATO: “age owe i i vn Syrac trucks to hospitals in the downtown < ; sept. 28--()—Demoerats. of New section. York state unanimounly and. for the ROBBER TAKEN | nomination was accompanied by a demonstration of tremendous en- thusiasm. Supreme Court Justice Robert F. Wagner of New York was unanimous- | ly named for United States senator, AT CH | ¢ A G0 ed as candidate for governor of New (York state at the Republican state convention today. James W. Wadaworth, Jr., of Gene- seo was named for United States sen- ate. ‘Coolidge Greets \Morticians, Thinks They’re Bricklayers Washington, Sept. 28.—(4)—Morti- cians are “bricklayers” to some un- named aide at the White House. And {the misunderstanding, relayed to President Coolidge as he received 200 undertakers yesterday, left him in ignorance of the occupation of the men with whom he was conversing. A ‘crowded engagement calendar i prevented the chief executive from | knowing the identity of his visitors prottad they began filing past his ak. “Who are these men?” he asked one of the office aide | nt transmitted to New York, Sept, 28—(#)—Ogden L, Mills, of New York city was nominat- Believed to Have Robbed Dia- mond Importer in Minne- apolis—Jumped Bail Chicago, Sept. 28 — (#) — Henry Groegan, alias J. D. McGrath, was ar- rested in a rooming house here today at the instance of Minneapolis po: » who want him for bond for- fieture in a $10,000 jewel robbery. Groegan had occupied the quarters for a week, and for a time was with a ‘woman companio: ACCUSED OF STEALING DIAMONDS WORTH $10,000 Minneapolis, S 28—(#). pea od " i to hi rticl. e leged to have partici- Past nsthe Saytient holdup of J. W. liven, diamond importer, when gems valued at $10,000 were stolen. Greegan had been arrested here for e e and was released on bail. of ph By Nop e ‘time feached ident Coolidge’s desk the agers had been solved, | ty sheriffs. left yy i‘. med with extradition papers to Bring hive back. IBUNE KD AT MUNSTER, N. D. One of hundreds of the frail cottages on Miami Beach, ripped to kindling wood iby the hurricane, { view. It was in this section of the city heaviest. \ | | | ! sp Nuch Wins eoth rribe told | President P) o delega| entiot | cou ito stop | under th Fla., which were leaving furniture nakedly in where the death toll was Gillen Is Fined $50 And Costs Man Alleged to Have Struck Indian Girl Found Guilty of Failing to Stop w n Gillen of Burt, Hettinger w: t nd give un opportu: identification after strikin son on a public ity for a pe highway,” in the j court of Justice of the Peace Anton | Beer this afternoon, Gillen’s car, it is claimed, struck Helen Badg year-old Indian girl, on the paved road just east of the Missouri river | bridge Saturday afternoon, knocking her down and inflicting painful in- juries. Mr. Gillen entered a plea of not guilty when arraigned this, morning, after a demurrer presented by $, he Judge Beer sentenced G: to pa a fine of $50 and costs, the maximum Jaw, Immediately upon pronouncement of sentence Mr. Gillen was rear- rested on a charge of driving 2 motor vehicle without the proper tags at- tached. The time for hearing on the second count hag not yet been fixed. Identified as Driver Vitnesses at the hearing, who i cluded several girls from the Indian school, told of the accident and de- scribed the car which struck the girl as she and her school mates were en routé to Bismarck. The girls tes- tified that they were all waiking very close to the left side of the pav- ed road when the car struck the Radger girl, and identified Gillen as the driver. Carl Nelson of Bismarck, who was . driving about 100 yards behind the car which hit the girl, tes' he kept on in’ pursuit of the driver and stopped him on the bridge. While persons with Mr. Nelson took the license number of the car, Mr. Nelson told the driver that he had just hit a girl @ short dis- tance back and that he had better go back to Bismarck and report to the police, at least until the accident had een investigated. Gillen Turns Back The driver, Mr, Nelson said, claim- ed he did not know he had struck any- one, but turned his car around and started back towards Bismarck, Mr. Nelson and his party then returned to the filling station near the bridge for gas, as they were going on hunting trip. While the car was be- ing serviced, the driver of the other car must have again turned westward, Mr. Nelson say: before the hunt ing party reached the Heart saver cutoff, a few miles west of the bridge, they passed the car a second time. The car had a license plate on the rear but none in front according to those with Mr. Nelson. Checking the car’s license number with records in the state registrer’s office Sunday afternoon, a! Neison returned home, it wi that the license was issued to A. Heyd of Burt and was for an Overland car, according to State’s Attorney F. E. McCurdy, who is prosecuting the charge. Sheriff Albin Hedstrom then went to Burt Sunday night. Lear ing that Mr. Heyd is a garage mi there and that he had sold the Ove: ied that land car in question to Mr. Gillen,| the sheriff went to the and took the man into custody, re- turning to Bismarck with his pris er at 5 a, m. Monday. The car Mr. Gillen was driving is a Chevrolet, but he showed the sheriff the remains of the Overland, which he had junked after transferring the license plates to the Chevrolet. Mr. Gillen admitted to the sheriff that he is the man who was stopped on the bri and told that he had struck a girl, but claims he did not know he had hit anyone. He says he returned to Bismarck but found no trace of any accident. Girl’s Condition Favorable The injured girl is resting nicely at the hospital today, attendants said, and chances for he: broken, most all her tooth n, nearly all her Pi and her leg injured in, the ecci- lent. Mr. Gillen, according to Bismarck pecale who are nally wit he is a high! sel, was: ovecruleds~ n- which | th PRICE FIVE CENTS MELVIN. KINS IS STRUCK BY FAST. TRAIN New Rockford Man Attempts to Cross Track Just Ahead of Silk Express BODY THROWN 75 FEET Kins, Working on Extra, Planned to Throw Switch After Train Passed Minot, N. ., Sept, 28—U)—Hurled 75 feet when he was struck by a silk train traveling 55 miles per hour, Melvin Kins, 33, of New Rockford, N. D., a Great Northern brakeman work. ing between that city and Minot, was instantly killed Sunday evening, T. B. Hogan, of Minot, claim agent for the Great Northern, reported today, Mr, Hogan went to New Rockfard il gation of cident, which occurred at Muns- ter, the first station west of New Rockford. Working on Extra Freight Kins’ body is to be shipped to Nelson, Wis., today where burial will be made, Nelson is Kins’ former home. Kins, who had been working for the railroad company for the last four years, had been called Sunday to go out as a brakeman on an extra freight. He missed the train in New Rockford and took a taxicab to Munster, where he joined the remain- der of the crew, The extra freight was sidetracked, waiting for the silk train to pass, and as the east bound silk train ap- pa: Ki who was acting us ead brakeman, started to cross the track to be on the north side ready found guilty of “failing | to throw the switch after the train had passed. Legs and Arms Broken While he was crossing the track, he was struck by the engine of the approaching train, the impact throw- ing him 75 feet to the north, break-- | ing his legs and arms and crashing \ his head. .0. J. Joyer of Minot was the en- gineer of the freight train on which Kins was working and F. T. McK iy also of Minot, was the conduc- Fe Kina hag ao sister, land, residine near and a brother, Charl White Fish, pare: othe: rv brothers and sisters survive. 'NEGRO WORKER KILLS ANOTHER IN WILLISTON (Killer Claims Self Defense— Victim Said to Have Threatened Others Williston, N. D., Sept. 28.—Aft- er hearing testimony of Sher- man Potete and other witnesses of events leading to the killing of Will Evans, negro, here Sun- day morning, a coroner's jury ae f eckt defense, tinal s that of nding that Potete acted without malice and in order to save his own life, ton, N. D., Sept. 28—Will colored, worker on the Mis- souri river Bridge here, was killed Sunday morning by Sherman Potete, also colored, who admits the act, claiming self-defense, in his story to authorities. - Potete and other wit: of the killing allege to official had been drinking since Saturday and that he came into the bunkhouse in a belligerent mood and brandishing a large revolver. Accordi: to witnesses’ stories a Evans fired one shot which few inches above the bunk in which a man was sleeping, Potete and several others grappled with Evans, trying to wrest the re- volver from him. “Unsucecestal, they fled from the bunkhouse, followed by Evans, they ted. nd when Evans came through hit him on the head with the shovel. Potete declared he was convinced that Evans would shoot ain oe any other whom he could reac! E been in the employ of idge construction 7 about one year, and fellow workers allege that he has heen quarrelsome, Potete, who has been in the employ of the bridge coonstruction comps: for the last 30 years, bears a pel reputation, according to com ‘of- ticials and fellow workers. are inclined to consider the case one of self-defense. Eva “ said to have a wife