The Bismarck Tribune Newspaper, February 23, 1928, Page 1

THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, THURSDAY, FEBRUARY 23, 1928 ESTABLISHED 1878 THREE LIVES LOST IN SHELBY, WC. H PRICE FIVE OTEL FIRE Robert W. Stewart’s Writ of Habeas Corpus Is Dismissed |ni PUT | Lockhart Has Narrow Escape in APPEAL NOTED IMMEDIATELY; BOND IS GIVEN Defendant Now Has 40 Days to Perfect Appeal and Record in Case SENATE ACTION BALKED D. C. Supreme Court Holds Grounds For Refusing to Testify ‘Frivolous’ Washington, Feb. 23.—(AP)—For a fleeting moment today the senate got its hands on Robert W. Stewart, chairman of the board of the Stan- dard Oil company of Indiana, but he quickly slipped away, into the arms of the courts which once before had taken him from the congressional a8) 72 Writ of habeas corpus, which the oil man obtained after the se had arrested him for refusing to swer questions of the Te: Dome committee, was dismissed by Justice Bailey in the District of Columbia supreme court, and for a’ moment the waiting senate sergeant at really had custody of the reluctant witness. But it was only a theoreti¢al con- trol, for Stewart’s attorneys imme- diately noted an appeal and placed a bond of $5,000 for him, and now he has 40 days in which to perfect the appeal and the record in the case for the court of appeals. The court held the grounds on which the oil man refused to testify on the question of the liberty bonds of the Continental Trading company Boe 35 frivolous and without legal asis. “The writ of habeas corpus will be dischai aid the petitioner re- manded to the custody of spondents,” he said. The courts action and the appeal means that Stewart now cannot be taken before the senate until after the supreme court decides the is- 8 If the court of appeals deci- sion is against the oil man, he will appeal to the highest tribunal. This r or longer before) the final decisi Stewart, with his counsel, sat in the last row of the court, wait for his case to be called. About 1 minutes after the decision was handed down, the defendant left fed Pero eGer neh went to ict of- ‘ice of cler! Bente . Hopkins, Starr and Bom » Chi- cago attorneys, formed Stewart legal staff today, and appeared with him as he le LINDY CONFERS WITH BUSINESS NEN AT DETROI Rumor Links Famous Flyer and Major Lanphier With New Project Detroit, Feb. 23.—(7)—An answer to the ever present question of what Col. Lindbergh proposes to do next. may hinge on a conference today between the transatlantic flye business men and Major Thomas G Larvhier of Selfridge field. Although rumor has linked Ma- jor Lanphier, flight commander at the army air base, and the flying colonel with a reported new ai trans] ‘ion pro} between - men York, with Detroit minals, verification was not forth. coming. _ port. Lanphier said mas stil ia the United in pk ny enterprise. He would mt ig whether he con- resigning. ‘Lindbergh arrived (Contirue or -*ge two) — eet Weather Report o———— Pempexaturs at 7 By TM, woosees the re- that, as he States army. 20) Only 26 Convicts Are Kept at Id. : toe North Dakota: Generally fair and Frida; some- what unsettled north portion » Cone tinued cold. WEATHER compere Mi al F E r F ft iit 2 i parti BLACKMER GOT $750,000 OF PROFITS IN CONTINENTAL, HIS ATTORNEY SAYS Joins Hoover | Missing Witness Gave This In- formation to His Counsel at Montreal ‘in July, 1926, Law- yer Tells Senate Teapot Dome Committee Today Washington, Feb. 23.—(AP)—H. M. Blackmer, missing witness in the Fall-Sinclair Oil company case, got $750,000 of profits in the Continental Trading company deal, the Teapot Dome committee was told today by his attorney, Karl C. Schuyler, of Denver. Schuyler said the former chair- man of the board of the Midwest Re- fining corer aid gave him this in- formation in Montreal in July, 1926, when he asked the attorney to act for him. The witness testified that Black- mer had informed him “unequivocal- ly” that he had no knowledge that any funds of the Continental had been _used to influence the lease of the Teapot Dome naval oil reserve or for any unlawful purpose. “I believed him then and I have had no cause to change my mind since,” Schuyler declared. Blackmer told him, Schuyler said, that che had not voluntecred as a witness in the Teapot Dome civil case at Cheyenne in 1925 because, had he appeared, his pfivate affairs would have been gone into. | in Deposit Box After conferring with Blackmer at Pitesti Coane | atta for sols ee ead said he was made trustee for Black- Do ings In Congr: ess | mer’s bonds, placing them in a safety TODAY ad deposit box in the Equitable Trust col in New York. (By The Associated Press: vntnee, x ” 8 cate id roca by Those bonds are in that box now,’ he said. “They are intact, they to- operation of Muscle Shoals as | a1 $763,000. 1 hand you the serial numbers. Your committee can in- spect them at any time.” Schuyler disclosed that Blackmer had apprehended possible litigaticn over the bonds by both the Midwest Refining company and its parent or- ganization, the Standard Oil com- pany of Indiana. . Schuyler testified that on last January 24, he wrote to Blackmer advising him that the senate was to Inued on page two) REBD10 OFFER Hoover forces on the G. O. P. bat- tle line now drawn across Ohio have been reinforced by Maurice Maschke, above, national committeeman from Cleveland. He has bolted from the Ohio forces supporting Senator Frank B. Willis, presidential aspi ant, and carries with him the votes of at least six delegates. ° | ° Proposed in Norris resolution. Teapot Dome committee of senate resumes iry. Interstate commerce commit- tee continues senate hearings on confirmation of John J. Esch as member interstate com- merce commission. senate judiciary sub- committee continues inquiry in- to Abraham F. Meyer's activi- ties in Baltimore bakery case as another considers Jones bill te increase penalties for prohi- bition law Bde as gpm Senste currency committee taxing House continues censidera- tion of District of Columbia appropristign bill as committees, debate ngval building, farm re- lief and rea) ment. pro- PHONE MEN 10 TALK SHOP’ AT DEVILS LAKE Annual Convention of N. D. Association Will Be Held March 6, 7 and 8 | 1OLA BRADFORD School Teacher Says She Is No Longer in Love With Bomb Planter Ottawa, Ill., Feb. 23.—(7)—Hiram Reed, on trial for planting a bomb in a schoolhouse stove, stood ready today to propose to Miss \Tola Bradford, the school teacher sweetheart whose features were permanently scarred gi Sees bomb explosion. The state charged that Reed the bomb in the stove to kill Miss Bradford and Nook avoid marriage and father- Devils Lake, N. D., Feb, 23—47)| Reed’s attorney announced t Problems which every Ncrth Da-| he would ask permission of Judge kota telephone company manager| Hayes today to make his must meet are to be discussed at the| proposal to Miss B: ord in open annual convention of the North Da- | court. kota T association here| Since the trial started Monday March 6, 7 and 8, according to an-| Reed and Miss Bradford have sat nouncement by F. R. Irons of Stark- i daily; Reed with his counsel, the young school teacher beside the tion will be an accounting 1} prosecuting attorney. No sign of which will be in charge of Charles| recognition has passed between the F. Martin, statistician for the state | two. railroad baa ee, inspects the Bey school teacher, informed A reports of al lephone compa- ’s to make public proj nies in the state and will be given| of mariage, provided the court oppartunity to explain how they | would allow it, said she would be in improve their present methods) court today. She expressed herself his ideas of what should be| however, as no longer in love with standard practice in telephone ac-| Reed. counting. A jury was completed late yes- Other subjects listed on the tenta-| terday. ‘The defense announced that tive program for the convention are: | it would seek to show that Red is “Outside ission Problems,”| a victim of a “frameup,” and that ee Rip manager Ge the ie alleged confession ni 3 r phone company, Hector,| the prosecuting attorney was 8: Sets and Cen- § had been assured 3. “Sul an 4 after aI Ottice Transmission,” by the| Miss Bradford would be on page two! against undesired publicity. an can and :200 prisoners connected with the Little penitentiary, but only 26 of reo_ace, Kept in ta ae eae ic Penitentiary — Balance of ase, Warden Lee was informed. The others are emp! the 1,200 Men Are Employed] fhe, others 90? ehith ie 20" maler on Farms 20 Miles Away—|from the main buildings of the prison. Negro prisoners are em- All But Three Employes Are/ ployed on one farm while white pris- I tes oners are at > £ i a8 & zZ § f -s, if & @ i al 5 : I ‘a law Prisoners at the 1 institution. At the prvs- there are approximate!y a ite i { o 5 S Z & ‘|T0 MARRY MISS |": STATE LEGION OFFICIALS AT MERTING HERE N. D. Commander and Adju-| tanat Give Talks at Lloyd Spetz Post Session LUNCH AND CARD PARTY Vets’ Bureau Director, Service Commissioner and Deputy Also Guests Members of several Legion posts in this part of the state were guests of the Lloyd pets post here last night when officers of the North Dakota department, American: Le- gion, paid the local post an official visit. Included among the speakers were A. J. Rulon of Jamestown, state commander; Jack Williams of Fargo, state adjutant; Ben Everson of Washburn, district deputy for the fourth judicial district; Hover- son of Fargo, director of the U. S Veterans’ bureau for North Dakota and T. O. Kraabel of Fargo, state veterans’ service commissioner. Following the business session lunch was served. followed by a smoker. Bridge was played at 10 tables, with prizes ar, awarded to Al Personius and R. G. Quam. At the business session Oscar Boutrous was appointed sergeant at arms to succeed Harry Rosenthal resigned. Legion to Get Out the Vote Outlining the Legion’ paign this year to get out the vote at all elections, State Adjutant’ Williams) f; urged all Legionnaires to take a active interest in politics. “The Legion is not interested in the political belief of any member, but uv members of the Rees ae _ that everyone goes to is exercises his or her right of suf- sa Williams said. illiams described the growth of, the ion in the last decade, spite the opposition vat ‘ore pee He urged all: mem- to take an active part in com- munity improvement ‘and _better- Mr. Kraabel told of the work. be- ing done by the veterans’ service commissioner in behalf of disabled ex-service men, and ex) what the government will do for those tity is traceable to army, sel ye District Deputy Everson compli- mented the Bismarck post on its’ fine membershi wing, and en-| (Contin on page two) WAN SOUGHT B POLICE IN NEW JERSEY DEATH Male Friend Is Believed to Have Drugged and Robbed Miss Brown Somverville, N. J., Feb .23.—(7)— A man who is belived to have drugged, robbed and burned to death Miss Margaret Brown, 40-year-old verress, after leading her to be- lieve he was taking her to California on a wedding journey, was sought by detectives of New York and New jersey today. The clue to the slayer can:e from the family of James Par} Gillespie, of Park avenne, New York, where the woman been employed for nine months. She resigned on Mon- day, after telling her cuporers she was withdrawing $1,000 in cash and $8,000 in bonds from a New York bank and going to Pasadena, Cali- fornia, to see a sick sister. That night she was found, her clothing » in a patch of woods near Bernardsville. She died without persining consciousness. One of pie children said Miss Brown frequently met a man in Cen- tral park and the family and another governess corroborated this. The man was known “Dr.” and in i pee fing! i i FF s i , B reat gate Auto Three Killed When * Train Strikes Car || ° Quakertown, Pa., Feb, 23.-- (®)—Three persons, including a man and wife, were here today when their automo- bile stalled on a grade crossing and was struck fy a Reading express train. The dead are: Andrew An- his wife, Mrs, Amelia ;and Arthur Mussel. Il of Quakertown. A fourth occupant of the car, Musselman’s wite, Carrie, jumped from the automobile a moment before the crash and escaped serious injury. REMUS TAKES STAND 10 TELL LIFE HISTORY Hearing Now Under Way on Petition For Writ to Free Him From Asylum Lima, Ohio, Feb. £3.—()—George Remus took the stand today: as a state witness in the hearing before the court of appeals on his applica- tion for release from the state hos- mien the beating was rerumed n ing was resui to- day, Walker’ K. Sibbald of state counsel demanded an explanation rom the defense as to why Remus njhad not testified. D. C. Henderson, one of Remus’ attorneys, said that the defense be- lieved he could: add nothing to the testimony and:that he would. onl: prolong the hearing if-called. Hen- derson invited: the state: to call Remus if it wanted his testimony, Remus took the stand: and! launched into an account of his life. He was itted to talk on without question ~ writ of habea: to free Remi from the hospital where he was ‘OW f"petition for a ficial committed after a jury at Cincin-| less nati had acquitted him of the mur- fer of his wife, Imogene, on the ground of insanity. § — . Remus killed her last October 6. He maintained th. act was iuorally right, alleging that she had been. unfaithful had stolen his for- tune while he was serving a li sentence’ in the federal penitentiary at Atlanta, Remus began the story of his life in an. even, unruffled tone. He told how he entered the drug business in Chicago, how he sold his store for $6,500, investing the profits in real estate which later. made him a net profit of $18,000 and how he then entered the law profession. He said: he defended 18 murderers in one year but, because of the strain of constantly oppeeciag before juries, turned to defending bootleggers. MARINES AR KEEPING REBEL BANDS ON RUN Marines Wound Several In- surgents in 3 Encounters at Scattered Points Managua, Nicaragua. Feb. 23.— ()—After slaying four rebels in dif- ferent encounters in the Jinotega region, American marines were keeping small bands of rebels on the run. In three encounters at scattered points in the region, the marines we several rebels but suffered no casualties them- selves. The rebels ‘encountered will be: - for other of holly. leaves of the Jocal variety | i | fi y| from the pilot’s seat, where he had and Sibbald immediately summoned | fensel de-| him, today | on his pet theory that a scientifical- dent 4 Spill at Daytona Beach | Thirty Guests of Hostelry Youthful . Racing Driver in From Shock and Minor In- juries — Machine Smashed Almost Beyond Repair When It Catapults Into Ocean . Dayton Beach, Fla., Feb. 23.—(?) ~Because he let his standards of sportsmanship outweigh his better judgment, Frank Lockhart, youthful driver, must temporarily his dream of driving a Powerful automobile at a greater 4 has ever yet been at- His tiny Stutz Blackhawk special was smashed beyond hope of im- mediate repair when it catapulted from the beach into the ocean here iterday afternoon at the rate of 5 miles per hour, and Lockhart is recoverin, severe shock and minor injuri at a hospital. 1 It was the roar of the crowd for action that gave fortune a chance to frown — oct in oath ee the young janapolis pilot. : wet . beach and > rv i brought on by low Nanatnn louds, | he responded to the loud urging of the throng and went out to threaten e record of 206.9 miles an hour which Captain Malcolm Campbell, of London had established Sunday. Lockhart’s chances for a new mark went glimmering when his car swerved beyond control and turned a complete somersault to right itself in the sea. Thousand: who lined the beach, galvanized by fear at the machine's wild careen- ing, today described the pilot’s| escape frem death as nothing short of a miracle. ! Bio Drowns Chisels and blow torches were necessary to extricate Lockhart) pinned in the crumpled ma- chine. Breakers swept high over his head whil he was in this de- less position, semi-conscious, adding epee to his other deng- 000 ‘speed creation from the water onto. the dry sands above. With today the last day of an of- a to-beat the record against time it seemed that Captain tecotd would stand un- he himself should taise it with his Napier Blue Bird special. The huge ‘lindered_machine, owned by JM. ‘ite of Philadelphia, was definitely barred ‘from official com- petition yesterday because it did not meet mechanical ‘requirements of the American Automobile asso- ciation. Lockhart had yesterday decided conditions were too unfavorable for an attempt against the Campbell record and was' about to withdraw from the beach, when he reversed his decision in consideration for the thousands who had gathered to watch his effort: For several hours after the acci- it, Lockhart was unable to give an account of what happened to his machine, but William F. Sturm, Lockhart’s —_representa' afte: talking to the pilot late |: said he believed the havior of the car was caused by too sudden application of the brakes. Lockhart’s Version Sturm quoted Lockhart as say- “I was traveling down the beach at a high rate when I glanced at my tachmometer to see how many revolutions the motor was making. us. be: It was doing 6,500 (between 220 and 230 miles per hour) just before the accident happened. I drove th right place where the sun was ing—then ran into rain and could not see—and the next thing I knew I- was in the ocean.” Lockhart’s chief injuries were cute on his left wrist and a bad cut on the chin. The Stutz which Lockhart drove was built under his own supervision built automobile, designed to eliminate wind resistance, could at-| tain ‘greater: speed with a small) Hospital Today, Recovering | | | Four Are Hurt in ’ Crash at Crossing OH Scraton, Pa., Feb. 23.—(AP) —Four persons, three of them women, were in a critical condi- tion today at the Pittso: hos- pital and may not rover from injuries suffered this morning when their automobile was struck by a Lehigh Valley freight train on a grade crogs- ing at Dupont. The injured are: Hannah Cunningham, 18; her cousing, Mary Cunningham, 33; Mrs. Beatrice McVey Gillett, 31, all o- thi y y e lle: ., the driver of the automobile, was hurt internally. MELLON-VARE LEAD ERSHIPS NEAR PARTING Fight Expected to Develop For Seat in the United States Senate Philadelphia, Feb. 23.—()— Leaders in nearly every Republican camp in Pennsylvania were sound- ing a call to arms today, for the Mellon and Vare leaderships of the Republican organization of the state apparently have come to the part- ing of the ways. The fight, should it come, would be for a seat in the United States senate, but political observers pro- fess they se in the latest develop- ments a battle also for control of the Republican party in Pennsyl- vania, Mayor Harry A. Mackey’s declar- ation, uttered after a conference ay Seater elect William 8. i that the | lelphia_ organiza’ conla ‘Sot be ME eats the outcome here if Congressman John M. Morin is a candidate for senator against Senator David Reed, was accepted a challenge to battle by W. L. chairman of the state republican committee and Governor Fisher. W. L. Mellon is a nephew of Andrew W. Mellon, secretary of the treasury. Mellon-Reed-Fisher forces there would be no_backd Pittsburgh, where ward | the 34th congressional district have endorsed the candidacy of Alderman P. J. Sullivan for the house seat of Mr. Mori vho was western ‘cam- ign m Vare during the 1926 primary Should further efforts at concilia- tion fail and open hostilities ensue, there are predictions that the Mel- lon influence in Vare’s fight for his seat in the senate will be withdrawn and that Senator Reed, who has made several pleas in Vare's be- half, will “wash his hands” of the case, Frank McCormick to Be Candidate For State Legislature McCormick, said Frank Bismarck agent of the Washbur: Coal com- pany for the last 24 years, born in Bismarck 47 years ago, today an- nounced himself as a candidate for the legislature from Burleigh coun- ty. He seeks the endorsement of the I. V. ‘ounty convention which convenes within the next few days. “My platform,” said Mr. McCor- mick, “is ‘Reduction of Taxes and Repeal of Prohibition.’ I belive in the wet program.” Mr. McCormick has bee active in city and county politics for years but this is the first time that he has announced his candidacy for public motor than larger cars with larger . ‘His car had a 16-_ developing 400 r, and only ‘pilot who had ever driven it. Position on Prohibition En- forcement Known in Answer Wi Feb. 23.—(7)—De- ‘the United State: has “de-' en @ great social economic experiment, noble in motive and far reaching in peel rir the first made by: Mr. Hoover on 2 political subject office, nor has he ever heli public office before. He said that he would not make leigh county Independents. HOOVER, AS PRESIDENTIAL CANDIDATE, | PLEDGES SUPPORT TO 18TH AMENDMENT since his presidential campaign was of Commerce Makes| definitely begun 10 deys ago by his| amount of land to be entrance into the Ohio contest. The letter to Senator Borah fol- lows: < my return to Washington taken up your letter. I fee) ublic ques- by re) nnaires is likely to be unsatist: and oft times leads to confusion rather than clarity. Replies to the scores of such inquirics on many ques‘ions are i::possible. ; f ue | EF i i wzer for Senator-elect! Still Missing—65 Were 4 Registered BUSINESS BLOCK BURN@ Fire Started in Linen Room Shortly Before Daybreak— ; Cause Not Learned Shelby, N.C. Feb. 23.—(Pjae Three persons are dead and thi others are in a hospital as a resul of a fire which di tral hotel here early today. dead and injured list may mot as 30 of the 65 registered gue have not been accounted for. The known dead are J. R. He derson and H. H. Carmichael o Charlotte, N. C., and Henry Kerr, 55-year-old clerk, who died from burns received while awakenin guests. _Flames had been checked be: iremen were able to enter building. The injured: A. B. Stagg, salesman, lotte, both legs broken in jump. from third floor window; a man named Epps, Charlotte, injured in: Miss Em- jumping from upper floor; ma Frick, hands cut and burned. Spurgeon Hewitt, assistant man- ager of the hotel, saved the register in which 65 guests were entered, Thirty guests but it was said that this did not nec- essaril; plete check. ‘ Cause Not Determined toom from an undetermined cause shortly before daybreak. Henry Karr, the aged clerk, ran from room to room on the upper floors of the building, awakening guests. He kept : at his task even when the flames were leaping along the hallways and finally staggered to the street to be taken to a hospital in a dying con- dition. 4 Miss Frick, who had an apartment with an extin hall when isher placed in a ands were badly cut iy The hotel occupies the upper floors of the block.’ In the buildings are ;| located the First National bank, the Cleveland Drug company, Cleveland Building & Loan association, the A. Vv. Wray Mercantile company, the 566,000 ACRES OF STATE LAND 10 BE LEASED Land. Commissioner Expects Heavy Demand For State Land This Year Approximately 566,000 acres of state-owned land will be leased to private individuals during March, according to announcement today by Land Commissioner W. E, By- erly, f In 13 of the 53 counties in the state the public leasings will be con- ducted by the county auditor. Leas- ings in the other counties will be supervised by agents of the land de- detailed for that purpose. The state owns approximately 700,000 acres of which one-third will be leased this year, Byerly said. The remainder is still under lease to individuals who obtained the leases in prior years. Although the Jand may be leased for from one to five ‘years, the duration of the average lease is three years, he said. Byerly expects a heavy demand for state land this year, with conse- |quent high prices for the lrases. In many cases, he said, it is muce cheaper for farmers to lease state Lockhart was the the race unless endoxsed by the Bur-|land than to own land of their own. In farming leased land they pay no taxes of any kind and are relieved of the necessity of making improve. ments. _ Counties in which the leasing will be managed by county auditors are Barnes, Cass, Dickey, Grand Forks, Griggs, La Moure, Pembina, Ran- som, Richland, Sargent, Steele, Trai? and Walsh. In these counties the leased is small, Dreny said, and less work is in- volved than in counties where more land still is held ings in the count conmaie on March 16. "es abe stb lesa to get toy exti isher she was plight +> burned. . f ry royed the Cena F & ave not been located § mean they had been killed 714 as it was impossible to make a com- The fire originated in the linen: 5 in the hotel, sought to fight the fire + i Stevenson Drug company and the ¢ * & partment, four of whom have been | 4 |