The Bismarck Tribune Newspaper, December 9, 1926, Page 1

va » Morris spoke in no uncertain terms ippeals, where the lower court's judgment -and sentence were sus- * tained. Mostly fair tonight and Friday. Slightly colder Friday. ESTABLISHED 1878 ORMISTON FOUND ‘Today’s Doings in DRAFT EVADER 18 VICTORIOUS IN LITIGATION! Grover E. Clemmings, Minne- apolis, Released From Jail Penalty For Not Fighting CASE GOES TO U.S. COURT | ‘ BISMARCK, NORTH DAKOTA, THURSDAY, DECEMBER 9, 1926 : Nation’s Capital Congress meets. at noon. Oil conspiracy trial continues. : House takes up judges’ sal, aries. Senate campaign investigating committed meets. House committee on commit- tees considers vacancies. forces. Decision of Lower Courts Re- versed—Trial Should Have Been in Minneapolis Duluth, Dec. 9—@)—Grover fF. Clemmings, northwest’s arch draft evader, has won his eight-year fight against’ the government and will never have to serve his jail sentence for refusing to fight for Uncle Sam. When President Wilson invoked the draft in/1917 to organize Amer- ica’s war army, Clemmings, son of a wealthy restaurant owner in Min- neapolis, is declared to have sai would rather serve time than the army.” Then he disappeared in an effort to escape the draft, but he was ar- rested in the spring of 1918 and re- lensed on bonds. He disappeared again and in 1922 he was taken’ into custody once more, He was tried | before the late Judge Morris in July of that year and found guilty of vio- lating the draft law. In a bitter arraignment, Judge of draft evaders and then expressed regret over his inability to sentence | Clemmings for more than a year in the county jail; the maximum sen- tence allowed by the law. Stay Granted | Clemmings was granted a’ stay of| execution of sentence, pending argu- ments for a new trial, which was de- nied. An Sonead was then taken to the United States circuit court of However, Ernest Lundeen, former congressman from Minneapolis, re- fused to give up and took the case othe Ugited States supreme court. Recently the court handed down ts decision reversing the judgment nd sentence of the lower courts on he grounds that Clemmings should :ave been -tried in Minneapolis and not in Duluth, as his residence was n the former city. Federal court) officials are now unable .to continue he prosecution of Clemmings, as the statue of limitations bars any fur- iher action. Dismissal of Case Expected The dismissal of the case will probably be ordered within a short time, Lafayette French, Jr., United States district attorney who prose- cuted Clemmings in the original trial, said today. 1 mings was living in a small hut north of here, where he was hid- ing, and we considered that his place of residence at the time of the draft was naturally in the jurisdiction of the Duluth court,” said Mr. French. “If we had tried him in Minneapolis and obtained a cqnvietion, his attor- yeys would probably have claimed in northern Minnesota and urisdiction of the pee | court. r Clemmings received military, train- | * jhg at St. Thomas College as ‘a boy. } not be confirmed, He has been :in Minneapolis ever since the Duluth trial, HUMAN FLESH NOW EATEN IN CHINESE CT Populace of Besieged City of | Sianfu, Facing Starvation, Takes Drastic Steps Peking, Dee. 9—)—The populace of the -city of Sianfu, capital of Shensi province, is buying and eat- ing human flesh to ward off starva- tion as the result of being besieged for ‘months because of factional fighting. This information is con- tained in dispatches: received here quating a Chinese refugee who made his way past the lit of the besieged city and entered. The streets of Sianfu are strewn with dead. The natives have been robbed of ‘all foodstuffs by soldiers. There were 19 foreigners in the city at last reports, A letter from one of these, dated November 19, said starvation wag but a matter of days unless relief camer . There have heen reports‘that the siege has been rajsed following re- treat of the troops of General Liu Chen Hua, the besieger, but ae can- | | fel | Santa Fe | felt in the Imperia STORMS STRIKE STATES ALONG PACIFIC COAST Southern California Has Rain, Snow, Hail, Thunder and Lightning San Francisco, Dee. 9-—(P).-Pacifie shores from southern fornia to the Aleutian Islands and along the coust of Japan felt the effects of storms yesterday. The Japunese freighter Seine Maru is in distress off the coast of Hol kaido, with a crew of 32 men. A gale swept the harbors of south- ern California, wrecking the yawl, Poinsettia, once owned by the for- mer German crown prince, and dam- aging a dozen expensive yachts. The storm brought almost every variety of weather to the sunny end of the state, including rain, snow, hail, thunder, and lightning. Light- ning set fire to oil tanks at Brea and Springs, causing a total loss of $85,000. rthquakes were alley. St. Paul Island in the Bering Sea reported the highest wind in years. This area is noted for the violenée of its hurricanes. Two men were re- ported missing. Earth Shocks Felt The earthquakes were felt at Calexico, on the Mexican border, at El Centro, and throughout the Im- perial valley. Six shocks were felt at Calexico during the day and last night, the temblors cracking walls and chimneys of several buildings, bat doing no serious property dam- age. Snow>fell at Fullerton yesterday for the first time in the history of the city... Motorists were reported marooned in Cajon Pass above San Bernardino by snow from eight to 10 inches_deep. Aside from the thquakes, three waterspouts caused concern. At Senta Mohica, ¢he populace gathered on the beach petween heavy showers or rain to view the funnel-shaped cloyd which took up tons of water from the ocean. Two other waterspouts formed in the channel between Santa Catalina Island and the mainland, later mov- ing off oveg the eastern end of Long Beach, TREMORS NEAR BURNSTAD ARE REAL ‘QUAKES Theory That Escaping Gas Causes Disturbances Earth tremors which have been It recently on the farm of Chris Huber, miles southwest of Burn- E. Simpson of the University of North Dakota geology department to 0. W. Roberts, local meteorologist. The theory that natural gas could have caused the tremors or the rumb- ling noises which accompanied them is scouted by Simpson, who says that he has “never known natural ga: escape from fracture: the in sufficient amounte or with such force or velocity as to make any perceptible noise.” Jarring or shaking of the earth surface sufficient to break windows in his house, as Huber declares, could only come from slight earth- quakes, Simpson says, adding these are almost. always accompa- nied by low rumblings, yA “We have no reason to expect se- vere or destructwe earthquakes in North Dakota,” Simpson says. “Few, if any, places in the earth are less| nigj liable to have them, so there is no reason for any concern or slarm about these tremors.” Library Loans 2,682 Books in Noyember ‘The monthly report of the Bis- marek Public library for November ‘books over University Geologist Scouts, 69 ENTOMBED IN INDIANA MINE BLAST Explosion Occurs-at 6:20 This Morning, Imprisoning: All of First Shift 20 KILLED AT LEAST Rescue Crews Are Devoting First Efforts to Remov- ing Those Wounded Francisco, Indiana, Dee. 9.—)— All of the 69 men of the first shift were entombed in mine No, 2 of the Franciseo Coal company by an explo- sion this mo the telephone oper- ator here informed the Press. Seven men are known to have been killed in the explosion. Two bodies were brought to the surface before | noon, Néither was identified, The explo: occurred about 6:20 a, m, a few minutes after the men jentered the pit, the operator said. | Rescue work was instigated at onee, | she added, Mine No. 2 is about one-fourth of | from Francisco, which is sev- jen miles east of Princeton, in south- western Indiana, ted | DEATH LIST EXPECTED TO REACH 20 AT LEAST Princeton, Indiana, Dec. 9—()— Rescue crews at noon today predicted | that the dead in the explosion early this morning in Francisco Mine No. 2 might total 20. They based their conclusion on the fact that only one half of the 69 men who were in the shaft when the explosion occurred j had been brought to the surface. The rescue forces were adhering to the rule of their training—to dis- regard the dead until all the wound- ed had been removed and given medi- cal attention. As a result, the toll of the blast, which occurred at 6:20 a. m, from gas formation, may not be known for several hours, it way said. PRINCE CAROL IS LIKELY TO |His Renunciation of the Throne Must Be Reconsid- ered, Queen Contends Paris, Dec. 9--#)—Former Crown Prince Carol is likely to return to Rumania at an early -date, says Bucharest dispatch to the Trans- , Alpine News Agengy. “Queen Marie, who more and more mistress of the situati: the dispatch adds, “nlready hus suc- ceeded in making it, understood that the decision of last January accept- ing Carol's renunciation of the throne must be reconsidered and his position again examined into, It is further believed a new agency coun- cil will be appointed before the king becomes worse.” | SERIES OF OPERATIONS | ON KENG 1S COMPLETED Bucharest, Rumania, Dee, 9—()— i The series of, surgical operations ted by King Ferdinand’s in- ailment has been completed, It will require 17 days, it is, esti- mated, to ascertain whether the ar- tificial organ (a silver tube) in- ‘stalled in the lower intestine yes- |terday, for final functioning of the digestive apparatus, is working sat- isfactorily. Meanwhile, it is declared, the king is in no immediate danger of death. He has rallied from the surgical shock, but is weak and feeble after three days in the wands of the sur- geons, Weather Report Weather conditions at North Da- kota points for the 24 hours ending at 8 a. m. today. Temperature at 7 a. m. .. ib yesterday . Lowest last night Precipitation to 7 +0 Highest wind velocity WEA’ q ‘THER FORECAST For Bismarck and vicinity: Mostly fair tonight and Friday. Slightly colder Friday. ~ For North Dal Mostly fair to- ht and Friday. Rising tempera- ture tonight northeast portion. Slight- ly colder Friday. , WEATHER CONDITIONS A well defined low pressure area Associated |* RETURN HOME just after the indictments were BANDITS ROB GAS STATION From $65 to $70 driving a Ford coupe, 1925 model. till, left. seribed the “short and stout.” declared the { bandits, ‘TREASURER OF | DIVIDE SCHOOL HAS SHORTAG State's Books in Bad Shape Shortage of $11,691.84 in the torney Olaf Braatlein county. books were in bad shape. named by Braatlein against the state bonding fund. before taking action onthe claim. is Mable for a total of $6,000, is the third case wi in Long’ year in on the bonds of public officials Divide county. . NO PROSECUTION Is BEING CONTEMPLATED Crosby, N. D.,, phin School District cording to Mr, Braatelien. is centered over the central Canadian provinces and temperatures have ris- en considerably over the northerg ‘i iid Norther claim outlawed by the statutes of Rocky Mountain region and Northern Nees os Plains States. The highest tempera- ture on the Ws F this ing was 40 at states prevedis the whole. amount which w: ed to be short to avoid having limitations,” the, state’s said. “We have no definite info in Pod last sequ Tess a sh that period time. “tt ts ‘ties & * Here are the four members of the Stevens clan indicted for the murde rs of the Rev. Edward W. Hall and his inamorata where three of them hal undergone trial and where Henry de la Carp ender was to have been tried. AT PARSHALL' Attendant in Charge Beaten Up—Robbers Escape With Masked bandits entered the Texaco Shubert says he believes they were Two ‘ofthe men ‘held Shubert: whtle another one of their group rifled the Shubert was badly bruised and cut up about the head, but was able to give the alarm as soon as the men He was unable to say how many men were \in the group but de- two men who beat him Mountrail county officials today robbery probably the work of amateurs but at present they have no clues to the identity of the Attorney Braatlein «vie Puts Loss at $11,691.84— | «-' New Deputy Bank jeounts of O. EB. Long, treasurer of | Dolphin Sehool District No. 17, Di vide county, is claimed hy State’s At of Divide! Reports to the state bonding de- jPartment by R. W. Kennard, deputy state examiner, showed that Long’s Kennard placed the shortage at the figure in his claim Since Long was bonded for only $2,000 it was indicated that the de- partment, would demand a complete and detailed audit of Long's books Braatlein claimed that since Long was bonded for $2,000 for each of three separate terms the state fund which claims have been filed Dec, 9—()—No prosecution has been or is at pres- ent contemplated against O. E. Long, ot Noonan, N. D., treasurer of: Dol- » 17, of Di- vide county, whose accounts are re- ported. to be short $11,691.84, accord- Attorney Olaf Braate- Mr. Long has been treasurer of the school district for the last 13 years, and his books and records are re- ported to be in poor condition, ac- “We proceeded to file a claim for Eleanor Mills, rville, NyJ., | Stevens, Mrs. e picture was taken before they left the courthous Left to right, dismissed and they were set free. at Willie Frances Noel Hall, Henry Stevens and Carpender. NATION LOOKS FORWARD TO ANOTHER | DOHENY GIVES SATISFACTORY YEAR, TREASURY dl TEST! MONY: IN SAYS IN ANNUAL REPORT TO CONGRESS! OWN DEFENSE Washington, Dec. 9—)—The na- Man Goes to Witness 1 expires next February, Mr. Mellon! declared the work of the commission had virtually been completed. He! did not even mention the possibility | Oil tion has attained record level of income, and there is likely to be no ebbing of the high tide of prosper: ity, Secretary Mellon , reported té|of further negotiations with France, congress tod his annual review|which appears dissatisfied with the| Stand to Tell Jury About of treasury activities. agreement effeeted by her re pnt- 9 . , At the same time he virtually|atives in consultation with the com- Loan’ to Albert B. Fall losed the door to n of the|mission, and has not yet ratified it.| — Washington, Dee Fre filling station at Parshall at 10 debt settlement, and declared|He emphasized that this government] 9--()— Edward o'clock last night, slugged and|that prohibition enforcement, also a{has maintained a consistent policy|. Doheny made his own plea of in- knocked down Ted Shubert, in|part of the work of the t ury de-|against cancellation, and quoted at} nocence today before the jury that charge, and escaped with between|partment, was making good progress |length the discussions between for-| must decide whether he is guilty of $65 and but should be stimulated by the pass-|eign representatives and American| criminal conspiracy. The men worked so quietly thatjage of pending bills strengthening officials at the time the war loans! In a quiet, even voice, the 70-year- workers in the > station nearby |the enforcement statute: were made, as well as statements byjold’ millionaire told the jurors as heard no noise the bandits stip-] - He also urged legislation t r-| President Wilson, to show that there}man to man that he had no feeling ped out of town without being|mit disposition of the sequ {had been no thought of cancellation| of culpability and that when he ad- noticed by any of the residents.|German property and to renew the|from the very outset. vanced $100,000 to Albert B. Fall, he The commission ‘has negotiated ettlements representing $9,811,094,- A py 97 per cent of. the total, the ecretary said. © While Greece has: not concluded a settlement, he sug- gested that if negotiations are neces- sary these might be conducted by such members of the commission as are available. Dry Law Being Enforced Reporting “progress” in the, en- forcement of the prohibition law, Mr. Mellon declared that if given the legislation requested, “t ury feels confident that its org: ized force, given the essential co- operation and a nee of the de- partment of justice, will be able, in the future, to achieve even greater effectiveness in the enforcement of charters of the federal reserve 5; tem, und advocated passage of the MeFadden. branch banking.-bill. with out the Hull amendment ‘restricting branch banking in the future. The financial and industrial out- look received the lion's share of at- tention in the report. Mr. Mellon declared the domestic situation was such that “we can look forward to another satisfactory yea‘ The strength of the prosperity, he added, is the “broadness of its base” and while spending has increased, so hav saving accounts, life insurance writ- ings and the purchasing of sound securities by small investors. had no thought but to help an old and very dear personal friend out of personal financial troubles. He disclaimed firmly that the money had any connection with the award of the Elks Hills and Peart Harbor oil contracts to Doheny in- terests while Fall, now a co-defend- ant under the conspiracy charge, was secretary of the interior. For the first time he disclosed that in 1925, more than than three years Fall gave him as security a block of ranch lued at twice the principal-of the debt. Wife and Son Testify Following on the witness stand his wife and son who had told the jury also that the $100,000 was purely a ; personal loan, Doheny went over Probi-lany picturesque details of his f under the direction of of intimate association with Fell in Assistant Seeretary Andrews had it/ihe old west and told how in later |the lust year effectively stopped rum| yeas. of prosperity they. kept. touch Treasury Shares Proxperity The nation’s prosperity is shared a the se y re d |p lye before sanctioning any the tix He endor: manent polic: howe el uy the prope E of Preside: oolidge to return to! smuggling und had gained the upper |20G) 7, vay eed tela: the taxpayers the large surpluses of hand on the diversion of industrial Mf igas cathe ateud. fer work Iman ‘the pove| ynt such as will be avail ol ere ee preeie REC bine abd. mien the ‘Moba’ Masean was taken his direct examination still was incomplete. The prosecution did not cross ex- amine either Mrs. Doheny or Ed- ward, Jr. Mrs. Doheny said her husband had been asked by Fall for a loan to ex- tend his New Mexico ranch holdings. Doheny had indicated an inclination jto make the loan, and Mrs. Doheny {said she tof her husband she would jbe willing to make it. attention on the supplies and expected (Continued on page six.) In. suggesting that congress i: no mave to continue the life of war debt funding commission, whic IDARROW’S VIEW Examiner Appointed «. A. Duntley, Cathay, has’ been appointed to the post of deputy state Signature Torn Off She told*of Mr. Doheny’s having orn the signature off Fall’s note of November 30, 1921, in their quarters in the Plaza Hotel, New York, on December 20, of that year. “He ,gave the signature to me and told me to keep it,” said Mrs. Doheny. The signature was offered in evi- dence. The body of the note pre- viously had been presented by the clerk of the senate oil committee. Asked why the signature was torn off, Mrs. Doheny said: “We wer€ getting ready to go to Los Angeles and he (Doheny) wished to safeguard Mr. Fall against possi- ble embarrassment in the event of his death.” War Department Gives Approval ’ to Harmon Job Approve! by the war department of ‘the revetment project near Harmon was received today by Capt. W. IL of ‘ANARCHISTIC bank examiner, it Was announced at the banking department offices to- N AYS DRY HE AD the Prohibition Law Is a Civic Duty of Clarence Darrow that i duty to violate the prohibition law is -Amerigan| Nicholson, associate superintendent Herb Jocsting, All-Am of the New York Anti-Saloon League. Fullback, Will Be Honor at a debate in which he appeared against Major William B, Wright, Jr., Owotonna, Minp., Dec. 9.—(#)—| of Pennsylvania, on Jaw enforcement. bi GR EAR Ae) “There have been some who had na what Red Grange lately did for! we should probably still be living in Wheaton, Ill., and the town will show! caves,” said Mr. Darrow. The way to nesota’s all-American fullback comes| force it. That ia how bad laws have home from achool, by, giving him the| bee™ got tid of through the ages. Roman empjre.’ to superintend all such work along When Herb made the all-American] The dry few, he asserted, was “put| the Missouri river. Owatonna started signing the town’s| minority and never could be repealed] the right ‘name in capital: letters on alien hotel| as a few dry states with a population | w: driver an honor-| tion of New York—could prevent it. Mr. Nicholson asserted that Presi- rb sets the date, probably| is a “com: anawer” to the sug- the holiday season, for the/| gestion of Mr. Darrow. Mr. Nichol- day. - Noted Lawyer Says to Violate THEIR ‘HERO’ . New York, Dee, 9—@)—The belief considered archistic” by S. Edgar , Mr. Darrow expressed his opinion Guest at Banquet special counsel for Governor Pinchot Herb Joesting has done for Owaton- nerve enough to disobey the law, or ite appreciation, the first time Min-| get rid of a bad law is not to en- Bee ae fe Christianity was bootlegged into the| Maulding of Kansas City, who is here football team of 1926, residents of| over” on the American people by a| The project calls for revetment of Lions Club made} of 10,000,000—less than the popule- ny} hago vonig will, be held in his honor} dent Coolidge’s message to congress | $20,000, when! He we could not prosecute un-. age was developed within after the $100,000 “loan” was made, | hi \ BISMARCK TRIBUNE [mua] TN PENNSYLVANIA CITY MEMBERS OF THE STEVENS CLAN RELEASED RADIO EXPERT DOES NOT DENY HIS IDENTITY Man Much Sought in Aimee Semple McPherson Case Is Taken Into Custody FOUND THROUGH LETTER Used No Disguise Except to Change His Name—Mingled With Detectives Chicago, Dec. 9—C)—The Herald and Examiner and the New York American, in a copyrighted story to- day, said that Kenneth G. Ormiston, missing radio operator in the Aimee Semple McPherson case, has been found by one of its reporters in Har- risburg, Pa. The newspaper said that Ormiston admitted his identity when found in 4 two-room apartment in Front street overlooking the Susquehanna river, where he had been living under the mame of “Fred Lininger.” “But,” he added, “this is only the beginning. There will be a long, hard fight before I go back to Cali- fornia, Also I feel certain that D trict Attorney Asa Keyes is not very ‘anxious to have me go back for trial.” Ormiston is charged in Los An- eles with subornation of perjury and conspiracy to defeat justice. The gecount said that Ormiston, during the long months in which he had been the object of a wide hunt, had been quietly writing for radio magazines, and recently had sold an article which is soon to appear over his own signature in a magazine hav- ing nation-wide circulation. Virtually Penniless Ormiston virtually ‘was without money. All the personal belongings he had in his bare flat consisted of a brown leather brief case, a black Gladstone bag, a portable typewriter and a home-made radio receiving set. He declined to discuss any of the stories which have linked his name with that of Mrs. McPherson. But he was quite willing to talk about anything and everything el: “I really can’t understand,” he was Quoted as saying, “why it has taken so long for you people to find me— or rather for somebody to find me, considering the great number who have been trying. For the fact is I ‘have made no particular effort to le. ‘I have not used any disguises— aside from assuming a different name. And I have not avoided pub- lie places. I have been occupying my present apartment for two mentns. Not Recognized “Many of the cleverest detectives in the United States have stood close enough to me for a handshake and none of them recognized me. That happened at Atlantic City in July and August, when the American detective society was in convention at the Am- bassador Hotel. “I was living in Atlantic City then, and I used to stroll through the lob- by every day mingling with the de- tectives. Not one gave me a second glance.” The reporter asked him if he had any communication with Mrs. Mc- Pherson since he had been sought. “None whatever,” he said, “and that is all I shall tell you on that subject until after I have consulted my atorney, Edward H. S. Martin of Chicago.” Several recent communications pur- porting to be from Ormiston were given out by Martin. 1 Ormiston characterized as the finding in New York of a trunk containing feminine finery and “the dear darling man” love letter which Los Angeles authorities believed was sent to him by Mra, McPherson, DETECTIVES TAKING ORMISTON TO CHICAGO Harrisburg, Pa. Dec. 9—@)— Kenneth Ormiston, missing radio operator wanted in connection with Aimee Semple McPherson kidnaping case in Los Angeles, left here this morning for Chicago in company with Charles Ellwood end Harry Donnelly, (Continued on page seven.) —————_—< Last Minute News Bulletins | ry rit it