The Bismarck Tribune Newspaper, October 4, 1927, Page 7

r /4 TUESDAY, OCTOBER 4, 1927 THE BISMARCK TRIBUNE == PHONE 82 ____MALE HELP WANTED MAN WITH CAR CAN YOV sell the farm trade and desire a position insuring an in- come of $300.00 or more per month? We can use a man of this type. Exclusive territory and weekly drawing account, The Lennox Oil & Paint Company, Dept. Sales, Cleveland, Ohio. MAN—Neat appearing, with fair Classihied Advertising Rates 1 insertion, 25 words or wi sevesccceseees B50 2 insertions, 25 words or we UNdEr oecesccececeere 3 insertions, 25 words Or under ........00.00 5 1 week, 25 words or under ...........0006 125 education for inside work, car!| Ads over 25 words, 2c addi- necessary, however; steady with tional per’ word good pay, references required, Phone F. B. Power, Grand Pacific __Hotel, 7:00 p.m. nae EARNING $30.00 to $45.00 a week at the start. The Fuller Brush Company has an opening in this territory for a reliable man. Phone R. S. Bishop, Grand Pacific Hotel Evenings. CLASSIFIED DISPLAY RATES 65 Cents Per Inch All classified ads are cash in advance. Copy should be re- ceived by 1) o'clock to insure insertion same day. LEARN barber & Catalog tree, i <THE Moler ‘Barber College, Farge,|| BISMARCK TRIBUNE — ‘ . PHON FEMALE AFLP WANTED visi | WANTED—Middle aged lady with- out children for housekeeper on = APARTMENTS — farm. One who cares more for a] FOR RENT—Four, room apartment home than high wages. Give full) on first floor in modern home with information in first letter, Ad-| privilege of using 2lectric washing dress Tribune Ad. No. 4. machine. Also use of garage. WANTED—Competent housekeeper| Phone 477-M or call at 612 Ninth i Good wages. References| — Street after 4:00 p. m. Address Tribune Ad.] FOR RENT—One three room unfur- nished front apartment in Rue apartments, all modern, Also one small furnished basement apart- ment. Phone 697-J or call 711 Ave. A. FOR RENT—Furnished apartments in modern home, near William Moore School, guaranteed good and warm. Call at 930 Fourth street. required. FOR RENT leen modern room, reasc 1able. Also do sewing and specialize in Call at 313 plain little girls dresses. Ave. A_E. or Phone 1140. FOR RENT—Twe furnished light housekeeping rooms in modern Tribune Classified Advertisements @ | fe te tl FOR SALE FIVE ROOM, modern bungalow; good attic, fire place, stationary tubs, basement, garage, corner lot, ii beautiful trees and lawn, garage, Al condition, fully mod- ern, close in, only $3800.00, FIVE ROOM bungalow, fully mod- ern, garage, splendid cond'tion, close in, facing park, only $4500. ‘FOUR ROOM cottage, east Front street, a good buy at $1800.00 on terms. FIVE ROOM cottage, N. Eleventh street, worth the money at $2300, DOZENS of other houses.of all sorts and descriptions, BUILDING LOTS—In all parts of the city at different prices, Hun- dreds of them on monthly pay- menis. INSURANCE—Fire, tornado, auto- mobile, in good, old reliable com- panies with prompt service, in case of loss, guaranteed. FARM LANDS—Several pieces have already been sold this fall. I have more sales pen'ing now than in many years, “he wheel has turned our way again. I have the best list I ever had with numberless real bargains on which you can’t help but rake a real profit. I will tell you ‘‘e truth about any piece of real estate ou buy from me. When you think of real estate, think of : F, E. YOUNt home. Also one furnished sleep-| =~ — ETE Ty aT is FOR RENT—A beautifully fur- Phone) 1064-K “or‘call nished sleeping apartment, come fortable summer and winter, suit- | able for one or two persons. Phone 48, ing room. t large pleasant warm furnished rooms for light housekeeping $30.00 per month or separate FOR RE hree room steam heated apartment, private bath, outside entrance, water, lights and __heat furnished, 622 Sixth street. FOR RENT—Apartment at the Woodmansee with or without gar- age. Apply Phone 1188, FOR RENT—Two room furnished apartment on ground floor. Phone 543-W or call at 924 Fourth street. FOR RENT—Furnished light house- keeping apartment. Geo. W. Little, 801 Fourth street. Phone 794. FOR RENT—Apartment, furnished one room and small kitchenette. Hazelhurst, 411 Fifth street. FOR RENT—A two and a three room apartment. The Laurain Ar’s. Phone 303. HOUSES AND FLATS FOR RENT—Rgoming house at 422 Fourth street. Apartment, _ city heated, three rooms with private bath. Also garage. For sale: Iron top for gas range. Phone with board. Call at 705 eet modern = fur- newly decorate Close in. Phone 926-J or call at 507 Third street. FOR RENT—Nicely furnished room in new modern home, use of gar- age if desired. Call at 301 Tenth et or Phone 655-LJ after 5.00 H. J. Woodmansee. !—Extra large well light- ed moderr furnished room. Hot water heat, nice location, Ave. A West, Phone teat 1s 7 FOR k 'T—Two nicely furnished rooms for light housekeeping. Prefer those employed during the day. Phone sit Sale Geta rece he 2 tNT—Two rooms and ,bath ished for light housekeeping. Reasonable rent. Phone 1196, 818 treet, ‘Two nice cozy rooms ed or unfurnished. Apply Washington Ave. or Phone M 113 = 905. FOR RENT—Six room modern ouse located on South side of N. P. track. Call at 511 Second street. E. J, Schultz. —N icely furnished room in strictly modern home. Phone 357-M or call at 702 Seventh treet. FOR R R $s light house- ;in-modern home Call ai| FOR SALE—Modern cottage, wel ‘| . located. Chea: en " } strect or Phone 568-W. | Phone 858 or call at 415 Mandan street. FOR RENT—Five room modern house. Can take possession at once. Phone 553-J. John Guss- ner. T—Two warm, well fur- nished sleeping rooms, close in. __Cadl_at 418 Fifth street, FOR RENT—Two rooms over Knowels Jewelry. Apply to F. A. Knowles. a ——— a FOR RENT—Flat at 118 1-2 Sixth AUTOMOBILES street, partly furnished and partly FOR SALE—Five passenger Pack-| modern.‘ Call H. L. Reade, Phone ard Sedan Al shape, $400 down;| 239. Rickenbacker 44 passenger Sedan like new, $425 down; 4. passenger Hudson Sedan Six, new tires; Al HOME LAUNDRY THE BEST address for washing shape, $450 down. Phone 346 blankets, bed spreads, fam- Mandan. Sabine : ily and finished washes is Mar- FOR SALE—Cleveland Big Six| guerit Bulten’s Home Laundry. Coupe. Good tires and good fin- ish. A neat and snappy looking car. Has had gvod care and is, in excellent shape. $375.00. cash. Write Tribune Ad. No, 17. No injury to fabric. No chemicals used, Everything dried in fresh air. Men’s shirts a specialty. We call and deliver. Call at 203 Ave. A W. or Phone 1017. '[__ DECISIONS OF THE SUPREME COURT | FROM SARGENT COUNTY Joven t though said term is not stated v*pimert “& ‘Marchanse Bank “e¢| Appeal from the District Court of Eacpent Conny, Hon. George M. Cogswell, Cogswell, N. D., Plain- He -sppellant respondent, Affirmed¥in part: and Reversed in vs. - W. J. Meyer, et al, Defendante-re- ae of the court by Burr, J. spondents-appellants. S. Ego, of Lisbon, N. D., Syllabus: Attorneys for ntiff-appellant- a. “Excess” of parties is not “de- | res it. Piel pel fect” of parties, » A. Sweetman, of Forman, N. 2. A plaintiff in an _action|D,, and Kvello, Adams & Rourke, of against his debter for a iudgment| Lisbon, N. D. on a promissory note, in which ac- | fendants-respondents-appellants. tion he has a warrant of attach- ment issued and levy made upon |rij ‘certain lands, may in the same com- aint allege the conveyance of ani nds to third parties in fraud of creditors and have said third par- ties brought in to the case for the purpose of having the said fraud- Murph; Thorp, Kenoeys for Re- spondents. FROM RICHLAND COUNTY State of North Dakota on the rela- ulent conveya! set aside as to| tion of J. Dinger, . him and the lands subjected to the Plaintiff and Respondent | has bee: lien of hig judgment under this at- vs. tachment. Such a complaint is not | W; re Schoo! District of Rich- subject to attack on the ground of County, North Dakota, a an improper joinder of causes of mpnieinal cu! ition, et al, action, fendants and Appellants 3. Where a negotiable promis- sory note is made payable on a date| 1. Following the case «¢ State v. certain with “interest at six per|Hall, 186 N. W. 284; State ex rel cent per annum until due,” and is| Little v. La et al, 5 N. D. 594, vy. Langley secured by a real estate mortgage| and Greenfield School District v. containing a peoralen authorizing | Hannaford Special ‘School District, |even though the action on the the holder to declare the whole sum | 20 N. D. 395; it is held, that all ths|is commenced before the discharge due and payable upon the failure to ions of law relating, to the|in bankruptcy. pay interest annually and to fore-| petitioning of a board of directors Appeal from the County Court of |- close the mortgage because of of a school district to call an elec-| Stutsman County, Hon. R. G. Mc- default, and the terms of the mort-|tion for the purpose o. voting u Frrland, Judge. gage are not made a part of the|the location of a schoo! horse site,| Reversed, note, it is held that such “accelera-|and the b of a school house} Opinion of the court by Burr, J. tion clause” in the mortgtge is for|thereon, are mandatory if enforce- .S. of Kensal, N. D., At- the purpose of foreclosure only.|ment is it before election in a|torney for Appellant. “In such case where the holder fore- Proceeding for that purpose; and| S. Ellsworth, of Jamestown, goes the right to foreclose the mort-| after election such Proceedings are|N. D., Attorney foi Respondent. gage, and brings action for a money | directly only. judgment on the Promissory note} 1. Where a district school board FROM OLIVER COUNTY orly, it is held that such “accelera-| acting. on a petition received and|The State of North Dakota, Re- tion clause” in the mortgage does|filed, calls an election of the elec-| spondent. : a ten ‘toe calion of'« "chosl hatte| Anton Hoetner, Appellant be eye such promissory ion a louse nton oerner, pellant has stamped thereon a provision to|site and the beuaing of @ school | Syllabus: P the effect that “maker reserves the |house thereon, and electors at] (1) Where a defendant is in- privilege ‘of paying $100,00 or any | said election rice a school house | formed against tinder the . latter multiple thereof on any-interest pay-| site, and the ing ofa school|clause of Section 9519 of the le ing date” and the endorsements on|h.use thereon, it is presumed tha |of 1913 he may be founa guilty of the riote show annual ‘payments of | the school board performed its tuty.|the offense described in. the first interest. it is held that the contract set forth in the note shows that, in the contemplatios. of the parties, interest .was payable . annually and exercised its discretion in pass- ing upon the sufficiency of the petition, and calling an election thereon, the rs voting at FURNITURE FOR SALE FOR SALE—Four dining room chairs, large buffet, table, six hole Monarch range, sanitary couch, high chair, small oil heat- _er, kitchen cabinet. Phone M3 FOR SALE—White ivory bedroom set consisting of bed, chiffioner and di 3 wateleg table and 4 chairs; ladies desk. 120 Avenue A. FOR SAL ieces of furni- ture includin nt Cook Stove, with water front, good condition. Phone FOR SALE—Kitchen range, coal type with warming oven and pipes. Phone 886-W or 318, FOR SALE—Two sewing machines for storage, cheap. Phone 22 or call at 208 Main Avenu MISCELLANEOU a DIAMOND RINGS—Will send to any Bank for free examination. Buy now on our greatly reduced payment plan, A good diamond engagement ring and a three dia- mond wedding ring as low as sixty dollars for'both. James W. Marek, : office at 108 Third street, Bis- —marck, N. Do a FOR SALE—Bottling plant located in city of 10,000, the trading cen- ter of Central North Dakota. Com- pletely equipped, ready to run. Fine territory, low rent. For par- ticulars address L. Van Hook, Trustee in Bankruptcy, Bismarck, North Dakota. : FOR SALE—One new Swallow air- plane; one new Standard and one Hisso Jenny. Will sell them all at a bargain. If you can’t fly, we will teach you how. Yellow Cab Co., Jamestown, N. 24 I DESIRE to buy, rent or establish a new meat market in any town that the business volume would justify. J. W. Pritchard, Penn, N. Dak. j FOR SALE—Spring chickens and wild grapes. Call at 211 W. Front street after 6:00 p.m ‘WANTED—Use of piano in home, two hours Caily for practice. Write Tribune Ad. No. 18. FOK RE! rage located at 5U8 West Broadway. Call 676-M after 5 o'clock Dames i - FOR RENT—Garage at 910 Seventh street. Phone 300-M after 6 p. m. said election acquiesced in such presumption and on the failure of the board to act after such elec- tion mandamus will lie to compel the board to make effective the re- sult of the election by the building of the school house on_ .'” site. Appea: from the District Court of Richland County, North Dakota, Hon. Chas. E. Wolfe, Judge. Affirmed. Opinion of the court by Burke, J. Messrs. Lauder & Lauder, and Purcell & Heder, Attorney for Re- spondent, Wahpeton, North Dakota. Forbes, Lounsbury & Forbs, At- torneys for Appellants, Wahpeton, North Dakota. FROM STUTSMAN COUNTY Annie G. Blake, Respondent, Vs. * C. G. Alswager, Appellant. Syllabus: ; (1) In bankruptcy proceedings failure to schedule unliquidated clainis of a credit doer 10t ex- empt such claims from d :charge in bankruptcy whc'e the creditor n scheduled as # creditor and received notice of the Proceedings ard of t*e time and Place of meeting of tk. creditors. (2). Exempt property set aside to a bankrupt cannot be subjected by a creditor to a lien of attach- ment issued after the dis-harge in bankruptcy, in an attempt tc col- lect on a claim from witich the |* debtor is discharged in Bankruptcy: claim clause of Section 9549 of the Code of 1913, (2) Ir a prosecuticn for assault and battery with a.deadly weapon with intent tc kill, the burden of circumstances that justify the as- sault does not devolve “pon the de- addition, that it is the ducy of the jury to acquit if on the whole evi- dence they have a reasonable doubt as to whether the defendant acted FIVE ROOM bungalow, east front,)and Crum & Crume of Bismarck, double} N. D., Attorneys for Appellant. MOM’N POP stablishing self-defense or proving spondent. fendant, and it is reversible error ‘0 so place the burden -f proof, cven| FROM MOUN hough the Court may Large, in ine lant. * in self-defense, Syllabus: Appeal from the District Court At. T. Faber of Bismarck N. D., weaee CLINT WHEN fou COME ANHAT KINO OF ATIME Y'BEEN Robt. Dunn of Center, N. D., Wm. Langer and S. L. isuchols, Bismarck N. D., Attoz eys for Re- | RAIL COUNTY J. W. Kaczor, Plaintiff and Appel- vs. R. E. Swendseid, et al, Defendants | torney and Respondents. x An application for a change of Judicial discretion of the trial court, | S and its decision will not be disturbed by an appellate court unless the | ¢ Guess From That PAGE SEVEN ! nd jrecord presented on of | sho Affirmed, son, J. for |Spondents. used suffering. YEAH -TYTE'S ALONG ~ AND OUR WIVES, I TOLD You THE WIVES WERE ALONG the appeal vs that the trial court abused of discretion has been shown, Appeal from the District Court of Mountrail County, Lowe, Judge. Opinion of the court by Christian. Paul ped dial Minot, N. D., At- Plaintiff and Appellant. | F. Wyckoff, Stanley, N. D., Attorney for Defendants and Re- of Sliver County, ifon, F. T.}venue on the ground thit the ap- —_—_ ler | Polls ae mee) Wi meng, Lembke, Judge. Plicant cannot have a fair trial in; When a New York furmer killed a — FERRE Go Piition | Reversed. the county in which the action is |cow he found in her stomach nails, one and span condition.) Opinion of the court by Burr. J.|when pending. is addressed to the | pieces of wire and iron washers. veral pieces of wire had penctrat- ed the animals’ heart, but had not By Taylor Oscar St: COME ON LINDY, Come On! HES JUST EXERCISIN, LINDy, AT'S aul! YOUMEAN TOSAY ) YES! TAG WOULD SON tee IF WE ENER RACED= TD JUST LIKE To SE TT aNd NW wa 4 Na liyases st oe IRANGE » SO MUCH “SMOVE “AND NO HEAT, Something BoY! Loour MIA GO! VATS 4 AS FAST AS In) RACE HORSES TWINK HE'S GOIN FAST, AUA?? You OUGRTA SEE TIM GONNA TELL. TAG \WAAT You ‘__By Willi 7 ~ sa BAB! BONO these, & 74 RENE at ae |“ RA 3A i “Q TT TNT Beat ™ tt tA NN teal TR Ve wun| / VLAN Pruityln \ = ‘ ams | Z ee 3/ Llama 01927 BY NEA SERVICE, Inc. Sa CHARACTERS OF THE STORY PHILO VANCE JOHN F.-X. MARKHAM District Attorney of New York County ALVIN 4. BENSON . ....Well- known Wall Street broker and man-about-town, who was mys- Ge mnurdered in his home MAJOR ANTHONY BENSON .. -.-Brother of the murdered man MRS. ANNA PLATZ tee . Housekeeper for jenson MURIEL ST. CLAIR seseeeease .. A young singer IP LEACOCK .. ++ Miss St. Clair’s fiance PRED E cide cs cei es . Intimat. of Alvin Benson's AULA BANNING ...... A friend of Pfyfe’s ELSIE HOFFMAN Secretary of the firm of Benson and Benson COLONEL BIGSBY OSTRANDER A retired army officer MORIARTY ..... GEORGE G. STITT sreeesss Of the firm of Stitt | nd McCoy, Public Accountants | MAURICE DINWIDDIE ........ .... Assistant District Attorney ERNEST HEATE . geant of the Homici BURKE, SNITKIN, E nas Detectives of Homicide Bureau! BEN HANLON . ing Officer of signed to Di PHELPS, 1 HIGG. =: ide Burea| RY .03 sign. strict Att CAPTAIN CARL HA KER Bn retary to the District CURRIE e+e THIS HAS HAPPENED A woman's gloves and handba: are found at the scene of tra i then has her brought | answers to his questions but be- trays concern when Markham asks! if_ Leacock had not owned a Colt +45, the same type of gun that killed Benson. Vance tells = Markham he is certain of the sirl's anocence.| «ok NOW BEGI CHALE N THE STORY <VIIL —namely, th: to the s weird notion is even explained on some recondite and misty psychological gre “But, [assure you, psychology teaches no such prepost'rous doc- trine, If ever a murderer returned | to the body of his victim for any| reason other than to r y blunder he had made, then he is subject for Broadmoor—or Bloom-| ingdale. . .. How easy it would be| for the police if this fanciful. no- tion were true! ‘They'd merely have to sit down at the scene of a crime, play bezique or Mah Jongg until the murderer returned, and then escort him to the bastile, what? “The true psychological insti in anyone having i punishable act, is to ge from the scene of it of this world will permit. “In the present case, at an Markham reminded him, “ neither waiting inactively for the murder to out, nor sitting in Ben- son’s living-room trusting. to the voluntary return of the criminal.” “Either course would achieve suc- cess as quickly as the one you are now pursuing,” Vance said. Not being gifted with your singular insight,” retorted Mark- ham, “I can only follow the inade- quate processes of human reason- ing.” “No doubt,” Vance agreed com- miseratingly. “And the results of your activities thus far force me} to the conclusion that a man with a handful of legalistic logie can successfully withstand the most | obst’nate and heroic assaults of ordin’ry common sense.” Markham was piqued. “Still harping on the St. Clair Woman’s innocence, eh? However, | in view of the complete absence of any tangible evidence pointing else- where, you must admit I have no choice of courses.” “I admit nothing of the kind,” Vance told him; “for I assure you, there is an abundance of evidence pointing elsewhere. You simply failed to see it.” “You think so!” Vance’s non- chalant cocksareness had at last overthrown Markham’s equanimity, “Very well, old man; I hereby en- ter an emphatic denial to all your fine theories; and I challenge you to produce a single piece of this evi- dence which you say exists.” He threw his words out with as- perity, and gave a curt, agressive gesture with his extended fingers, to indicate that, as far as he was concerned, the subject was closed. Vance, too, I think, was pricked a little. “Y’ know, Markham old dear, I’m no avenger of blood, or vindicator of the honor of socity. The role would bore me.” Markham smiled loftily, but made no reply, Vance smoked meditatively for a while. Then, to my amazement, he turned calmly and deliberately to} Murkham, and said in a quiet, mat-| ter-of-fact voice: “I'm going to accept your ch lenge. It’s a bit alien to my ta: but the problem, y’ know, 1: appeals to me: it persents the same diffculties as the Concert Cham- Petre affair.-—a question of disputed authorship, as it were.”} Markham abruptly suspended the motion of lifting his cigar to his lips. He had scarcely intended his challenge literally: it tad been ut- tered more in the nature of a verbal defiance; and he scrutinized Vance a bit uncentainly. Little did he realize that -the other's casual acceptance of his un- thinking and but half-serious chal- lenge, was to alter the entire crim- inal history of New York. “Just how do you intend te pro- ceed?” he asked. Vance wav-d his hand carelessly. “Like Napoleor, je m’en gage, et puis je vois. However, I must have your word that you'll give me every Possible assistance, and will refrain m all profound legal objections.” ENSQN MURDER CASE She makes flippant} + er | thou lor But immediately he gave a good- natured laugh, as if, after all, the matter was of no serious conse- quence, . “Very well,” he assented. “You have my word, . . . And now what?’ After a moment Vance lit a fresh cigarette, and rose languidly. “First,” he announced, “I shall determine the exact height of the guilty person. Such a fact will, no doubt, come under the head of in- dicat'ry evidence—eh, what?” Markham stared at him incredu- lously, “How, in Heaven’s name, are you going to do that?” f “By these primitive deductive methods to which ypu so touchingly pin your faith,” he answered easily. “But come; let us repair to the scene of the crime % door, } ins of perplexe “But you moved,” th the place one- third, wn ten n would ha ade with life, my « low. It’s because we ¢ literate existing He made a movement with hb fingers, putting rt of tangil period ‘to his remarks, and looked dreamily out of the window up at the fiery film of sky. Markham had settled back into his corn id was chewing morose- ob- we go on e oF at he was fi i With impotent ang t himself be goaded ii i But there rly simmer- having afterward, he d beer dra of a comfortable a patent cnc ridiculous reed fool ailacies About ivening Post: ye Basil Thom- ld this point of view. +For years the famous Concert Champetre in the Louvre was offi- ially attributed to Titian. Vance, however, took, it upon himself to convince the curator, M. Lepelletier, that it was a Glorgione, with the result that the painting is now cred- ited to that artis (To be € inued) STATEMUNT of the Ownership, Management, Uir- culation, ete, required by the Act 24, 1912, Dune, pub= tismarck, N,'D., for orth Dakota, County of of Congr. Augu OF the E r lished Or State of Burleigh—ss, Before me, a notary in and for the State and county uforesald, pe: ally appeared Geo. D. + Who, having been duly sworn according to law, poses and he is publisher of marcel bune and that the lowing is, to the best of his edge and b: the owners! 1912, embodie: Laws and Ki the reverse o to wit 1. That the d addresses of the publisher, ed managing editor, and business managers are: Publisher, George D, Mann, Bis- marck, N. D. pJiditor, George D. Mann, Bismarck, "Managing Editor, Verno E. Josling Bismarck, N._D. , Ar oO. fare: (Give individual owners, or, if a name and the of stockholders its. Ses conditions under \ and security hi Pedr upon the boo as trustees, hoid tles in a capacity a bona fide. owner has no reaso other person, ion, or corpor- ation has any rest direct or in- direct in ‘the said stock, bonds, of other securitics than as so stated by him 5. That the average number of copies of each issue of this publica- tion sold or distributed, through the mails or otherwise, to paid sub- seribers during the six months pre- ceding the date shown above ts 4700, (This. information is. required from daily publications only.) GEO. D. MANN, Sworn to and subscribed before me this Ist day of October, 1927, Archie 0. Johnson. Markham pursed his lips. He was frankly perplexed by the un- expected manner in which Vance had met his defiance, My commission expires Sept. 20, 1930, (SEAL) & Tribune want ads bring results, “ore eo nm 5 » er