The Bismarck Tribune Newspaper, December 7, 1928, Page 1

y ESTABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, FRIDAY, DECEMBER 7, 1928 POTTER TRIAL NEARING END AS STA Circus Opens Counter Attack in $15,000 Klett Damage Suit WIFE OF SHOW || HEALTHIEST YOUNGSTERS IN U. S. LIVE MODEL OUTDOOR LIVES OWNER TAKES COURT STAND. Judge Miller Refuses to Direct Verdict for Defendant in Case SAYS NOT CIRCUS’ FAULT Plaintiff's Counsel Argues Em- ployer Responsible for Men’s een Dee. 7.—(NEA)—The » ir to teach oo their lans don’t go ami ‘g Such are the runs of William Tobi 15, of inaw county, Michie’ and Thelma Svarstad, 17, of Brown county, South ‘ota, chosen at the annual con- of the 4-H clubs here as Fealthiest boy and girl in America. If the rating given each by the examiners is to be considered, jo ever, the girl ought to be the boxer and the the teacher. For Thel- ma got a health rating of 99 per cent, while “Bill” was prono' NORTH DAKOTA CASES OF ‘FLU’ TOTAL ONLY 49 Disease Costs 132 Lives in Los Angeles as Scourge Gathers Headway SCHOOLS REMAIN OPEN 4,000 Sick in’ Des Moines as Outbreaks Occur in Iowa Communities Actions The Zellmar circus opened its counter attack in the suit of Albert Klett for $15,000 damages, this morning, by putting on its star wit- ness, Mrs. George E. Engesser, wife of the owner, who is the defendant in the case on trial for several days in federal court. Presentation of defense testimony was begun after the defense had failed to obtain instructions from Judge Miller dirécting a verdict for Engesser and against Klett. This portion of the trial was adjourned to chambers, out of hearing of the jury. C. B. Craven, defense counsel, presented the motion for a directed verdict and argued it. He took the only 97.4 per cent perfect. t doesn't disturb Bill, he con- tends. “I’m going to learn all there is to'the game of boxing,” he says, “and then I hope to make a success of it.” Boy Has Idea! Habits Bill doesn’t dance or smoke, and he’s in bed every evening at 9, he says. His daily habits run along the same line. He rises at 6:80, does a few othe clea the ne kee nee reakft eggs, toas' = frat, eerer's and tailk. ‘The school day takes up the greater part of his time until ‘ate afternoon when he ee his — aaa Aen where he says he gets al ex- ercise he needs. too much of anything just because I La pad to like it.” Bill is 6 feet 6 inches tall and weighs 130 pounds. Girl Walks, Swims Thelma, the healthiest girl, is 5 feet 3 1-2 inches tall and weighs 1 Thelma Svarstad, 17, of Brown county, S. D., and William Tobias, of Saginaw county, Mich., chosen the healthiest boy and girl in Ame! 22] swimming, in fact Few cases of influenza have been reported in North Dakota recently in spite of the fact that waves of the disease over various sections of the United States are being reported, ac- cording to Dr. J. D. Jungman, di- rector of the bureau of communicable diseases of the state department of health, Only 19 cases of the disease in the state were reported to the di rector in November, reports coming it from Richland, which had 12 ca: sine dey dua careyas chuatanee ot Eddy, Sargent, Stutsman counties fruit, not too much sweets, lots of | and Jamestown. milk and all the exercise she can get r in the form of walking and swim-| coming unduly alarmed over reports Dr. Jungman warns against be- of the epidemic, saying that in many Mr paver won any medals for| instances severe colds are taken for learned} the disease. ground that the blow on Klett’s head was the basis of the damage suit and that it had not been shown that the person who administered it had any connection with the circus. As to the altercation, he argued that the question of authority arose. Admitting that show people had par- ticipated in it, there was no evidence ‘that they acted by authority within the scope of their employment and conceivably may have violated the orders of their master. His point was that nothing that happened in the altercation had been linked .up to the defendant, nor even that the men engaged in it were show em- ployes. In the absence of authority from the show head, he argued, the as- sailants had stepped outside of scope, « th ployment. .... ‘were;*therefore, » Teron sible for the injury inflicted, In the case of one individual, the ter- timony to show connection with the show was that he had-a satchel. At that he may have been an interloper, said Mr. Craven. Defense Begins Story Counsel Thorpe, for the plaintiff, argued that the governing lega! pouaee was that the defendant wa: iable if his servants went beyond the scope of their authority in exer- cising the duties of their employ- ment. He referred to continuance of employment of an offending servant or agent as linking the principle of malice to the master by ratification. The right to ask cxampiary, dam- ages was left to Judge Miller to deal with in his instructions to the jury and Counsel Craven then presented the show’s side of the Medina fight of June 13, last, to the jury. fis statement was immediately followed by the testimony of Mrs. Engesser, who duplicated the statement of Counsel Craven by her answers on the stand. ,. The show story, as thus presented, is that Klett came up to the ticket wagon to inquire about the compli- mentary tickets in aap and had been assured by Mrs, Engesser that they would be honored at the main entrance. Mrs. Engesser said he turned from questions to profane de- nunciation and her voice broke as she recited the alleged oaths used. Says Klett Profane had’ sareed thi it the le el at iow peop! were crooks and thieves and that if the tickets were not accepted as good there wouldn’t be any show. “Do you realize that you are in- sine a lady?” she said she asked lett. “Lady——?” she testified Klett replied with a lot of scorn in his tones—“We ride such women out of town on a rail.” “Better be on your way or I'll call on the Jaw,” she testified she warned Klett, and she added to this that his answer was that there was no law. ht ins Then the meet pee The ham- came. u| Lye a g raeegiae #8 gf 5 i His other two meals he says con- sist of vegetables and fruit, lote of milk and not too much meat. He never ses tea or coffee and never eats to excess. * “In fact I eat anything and like most everything, but I never take HOLDS KEY FOR FARM EQUALITY Republican Leaders. in Doubt as to President-! "6 Attitude . Washington, Dec. 7.—(7)—Farm relief legislation, long in a state of uncertainty, finds itself muddled now by the absence of the president- elect, Herbert Hoover. One bill, thought to have adminis- trative approval, has been introduced by Chairman McNary of the senate agricultural committee, but even be- fore it is out of the committee room, doubt has cast a shadow on its path. Republican leaders do not seem to know what Mr. Hoover's idea on this bill are and asking him may be a little difficult, since he is in South America. And a spokesman for him apparently has not been found. Nevertheless, leaders in congress opposed to an extra session next spring are belisved to be thinking of asking Mr. Hoover to pass on the They feel that with his approval the measure might be passed at the seventieth SS and a special session for tariff re- vision delayed until autumn. If it is decided to ask Mr. Hoover the Some_ congressional derstand that if the McNary bill is at this session that President Coolidge will leave the appointment of the farm board to Mr. Hoover. They believe the president feels that the Hoover administration will be saddled with the responsibility of farm relief and that the president- elect shoyld be entrusted with lay- ‘ing the iwork. KING GEORGE'S Well in Battle Against Lung Infection fests Dakota, red, how: unced STRENGTH AIDS Powers of’ Resistance Serve|mens. Sepet She attends the Northern ite Teachers’ College in South Dakota and has a clags at 8 o'clock in the morning.” She says she rises in time to attend this and always how a year ago, but I believe it i: one of the best’ exercises,” Thelma. Ti in one’s mouth, eating meals without BE ae cer glad ne Ohare washing the "hands, and careless ‘Don’t Be Careless’ - He warns against placing fingers manages to get at least eight hours’ sleep every night. compete with girl from 16 other state: representatives | Coughing, spitting, and sneezing in presence of others. Polite and Rough Bandits Disagree Chicago, Dec. 7.—(AP)— “We,” said one of two men who a — Florence baton’ ist night, e vandits you read 5 Cour- add Faget ros eerie heady our ics. Now please | kind to- tender to wh head with a blackjack. “This polite stuff is the bunk,” he said, yanking the fur coat from Miss had been knocked down. “Treat ’em rough motto.” NICKERSON TO HEAD DOCTORS Mandan Physician Named President of Sixth District Medical Society Dr. B. S. Nickerson, Mandan, was elected president of the Sixth Dis- trict Medical society at their meet- ing Wednesday evening. The elec- tion followed a dinner at the Grand Pacific hotel. Other officers named for the com- ing year are: Dr. O. W. Schoregge, Bismarck, vice president; Dr. W. L. Diven, Bismarck, re-elected secre- tary. Dr. A. M. Fisher, Bismarck, was elected to fill a vacancy on the board of censors. Dr. H. A. Brandes and Dr. C. E. Stackhouse were elected delegates to the State Medi- cal meeting which will he held next spring in Fargo. Dr. J. B. Doyle, Rochester, Minn., presented. a paper on “Pain asa ymptom in Neurological Condi- tions.” Dr. Doyle’s remarks were regarding the importance of recog- nizing the early ‘symptoms of dis- eases of the nervous systems in their relation to general medical conditions. It was ides. ‘i Dr. E. P. Quain spoke on “Infec- ions of the Hand,” illustrated by mo- tion pictures and pathological speci- Dr, Quain stated in the treat- is my Between. 50 and $0, State... tor Hauler$ Come to Bis- marck Wednesday Between 50 and 60 North Dakota members of the Dakota Motor Car-| eyelids may be slightly bloodshot or riers ‘association will conduct their| congested. There may be running first annual meeting in Bismarck| ftom the nose, and there may be Wednesday, Dec. 12, according to H. P. Goddard, secretary of the As-{the patient looks and feels sick.” sociation of Commerce. Dakota Motor Carriers asso- made up of motor haulers pa flor and a Pe: skate meeting of the Sout! ako’ members of ‘the organization will be pans Others should not be allowed eld at Watertown Saturday, Dec. rh i patient should be kept as warm as Ae: ures sannal eee possible. Nourishing food, as milk, meee naan acta the 0 a tabare pee about every four hours, and zation. The object of jon “Better and more uniform servi a maibs the jcontsene of the publi on reget ppeectogee in| monia during or immediately follow- f J. G. . Sete inecune tenants piratory system are frequently so fore LE haunt igperwortes The heart is overworked and needs arly ‘Pelpnee vill be held in the] turn to work or leave home until he Among the speakers fF secured, for the two meetings are: how long it takes.” lohn W. Meighan, secretary of the bus division of the ‘American Auto- Caner ae SrBpOrS mobile Association; Tom Snyder, sec- retary- treasurer of the National Truck Transportation Con- Bee. ee OF tr asectetary:|in the last two days, health author- Schmidt, president of the dae alence of the disease, which has cost Highway Commission and man of the board of directors of the Ohio association of Com- 3; Joseph Hays, ral_counsel of the National Mo- tor Truck Transportation Congress, ie fied tbe Lean, Fepeker entoel: Novefaber 13. Yesterday's new cases ions of North and South Da-|Umbered 400, while 800 were re- Inger, manager chair- k meetings are being held in both states in order to accom- modate everyone interested. G. G. Johns, DeSmet, S. Dak., is resident of the organization and| .“ ais, | tot Cree, Sen Rerneron, Yam | arg dt M. 5 in Ie warz, Dak.; Paul E. Bellamy, | ifty per cent of the grammar school z, 8. Dak.; and John Mc- e legislation c: mittee are R. C. Mills, D. Mahon, and Fi y. Me. | t be ill wit To keep from taking influenza, the cough, use cl drinking vessels, keep body clean internally and ex- ternally, inhale fresh air as much as possible, and protect others by be- ing careful. “In most c ABSENT HOOVER fe eda” “pl ok BUS OFFICIALS TO HOLD FIRST person with influ- may be sore all over. Many patients Nation-wide comment has been aroused by the ruling of Judge Har- rison W. Ewing of Cleveland, direct- ing Mr. and Mrs. Otto Kourim of that city to practice birth control for three years, Judge Ben B. Lind- sey of Denver acknowledged that a precedent was being set by the or- der recognizing the legality of birth control, but he disagreed with Judge Ewing, holding that no court has the right to impose birth control on a couple. The Kourims, parents of three children, had come before Judge Ewing seeking a divorce. Kourim and the children, left to right, Bertha, 4; Otto, 1, and Ed- ward, 2, are pictured above. Booze Racket Gangsters’ Three Volleys Rip Through Head and Back of Chicago feel dizzy,'some vomit. Most of the ji lain of, fee chill eae ialpeames i ater whic! the temperature rises to 100 degrees to 104 degrees. -In most cases the pulse remains relatively slow. “In appearance one is struck by the fact that the patient looks sick. His eyes and the inner side of his some cough. These signs of a cold may not be marked; nevertheless, ‘Go to Bed’ One who has the mentioned symp- toms should go to bed at once and summon a physician, Jungman in the same room, and the eggs, and broth, should be served the should stay in bed until the doc- tor tells him it is safe to get up. “Influenza is a treacherous ease,” the director says. “If one is fortunate enough to escape pneu- ing the attack, the lungs and res- inflamed that tuberculosis develops. rest, Therefore, one should not re- has regained his strength, no matter 8. BY DOCTORS Los Angeles, Dec. 7.. have been reported ities announced today that the prev- 182 lives in a little more than three weeks, had not yet reached its height, which they expect to come next week. ‘ Health department figures show that there have been 8,000 cases here ince the disease became prevalent ported Wednesday. ‘ Schools remained open in Los An- les today but those of Pasadena Fave been shut down. Reports from health officers in the adjacent coun- ; | ture ; | disease also had gained a hold, said D.1 that it hed been subdued. More than 500 children, or about ren’ of Azusa, Cal., which was Chara Carpent yess Tr, school inc! i the disease, "Asuss i is in Orange county. Schools, of Santa Ana, which were closed last week because of the wide- | ‘beer Police Chief Chicago, Dec. 7.—(AP)—LeRoy Gilbert, the South Chicago heights police chief who was proud of his reputation as “a tough cop,” won't bother the “boys in the booze racket” any more. Some men with sawed-off shotguns got him last aes shot him dead, through the ack, He was seated at home with his family. His back to the front win- dow and the light from a flood lamp beside his chair cet him apart from the others in the room, like a spotlight singling out an actor on the stage. His chair was only a few feet from the front window; and the back of his head, dropped slightly forward as he read, was an easy target from the street. The shade had been drawn only half way. The killers got out of their motor- car, a sedan, and crept the few yards from the curb to the window, Their tracks in the skim of snow on the round were found by investigators later. The shortened. in muzzles were rested on the window sill, per- mitting the slayers to take steady aim, Shoot Three Times Twice the guns sent charges of shot tearing through the window, into the back of Chief Gilbert’s head. A third volley went wide, and the third finger of Gilbert's right hand was torn away. _ Thirteen year old Ruth, one of five children, came running in from another room and dropped, scream- ing, beside the chair in which her father’s body had slumped. Glenn Gilbert, the chief’s brother, ran from the house and the gunmen sent a wild volley at him as they drove away. He was able, however, to gain a good view of the machine, the description of which provided one of the principal clues on which highway police are at work, Gilbert, with four policemen has been in charge of law enforcement of the community of 1,000 inhabit- ants for six months, The village, two miles south of Chicago heights, is largely populated by southern Europeans, and federal prohibition officers on several occasions have found a thriving “alky” businees there, as well as in Chicago heights. Planned Vice Campaign The slain chief has cooperated with the federal ary agents ‘and on some occasions has led raids himself, turning his prisoners over fo: gov- ernment prosecution. Recently he discussed with the sheriff 3 program for a campaign against vice which had sprung uy, he said, under the protection of the alky indus This challenge to the outlaw rule, authorities said n responsible for. ‘Oahey oatd Letloy vas * sai was a cop and they marked him. He knew they . by| GANG SHOTGUN SHELLS ESETTER. CUT DOWN TYP! seg Dec. 7.—(?)—Gunmen ripped shotgun shells into a car in South Chicago Shotguns Get “Tough Cop’ fea URS eae nl ig ‘Getting Too Fresh’ | : Just College Work J eee Chicago, Dec. 7.—(AP)—The pro- cedure known as “getting too fresh” was advanced today by Merton 0. Phillips, Jr., a a etd student at the University of Chicago, as one ae earning a college degree. veral young women complained that Phillips had been bold to the point of impudence and insult. Ar- rested, he explained that he was engaged in a special study leading un the degree of doctor of philoso- phy. BOY INJURED IN SLED ACCIDENT John Conrad, 6, in Mandan Hospital Suffering Severe Gashes in Face John Conrad, 6, Mandan, is in the Mandan Deaconess hospital today suffering several serious cuts and bruises about the head and face as a result of crashing into an automo- bile after he had slid down hill on a sled. He is the son of Mr. and Mrs. E. J. Conrad, 806 First street northwest, Mandan. John, together with a group of Mandan boys, was sliding down hill this morning, the bottom of the hill being on Fighth avenue between Main and Second streets. The accident occurred about 8 a, m. when his sled struck the rear! wheel of an automobile moving along Eighth avenue. Boards in the sled were broken, gashing his face and knocking him unconscious, The driver of the automobile stop; and the boy was taken to the hospital immediately. He was said to be recovering consciousness at noon today. Several stitches have been taken on the cuts in his head and face, but no X-ray pictures have been taken of the bones, the physician said. 17 DROWNED IN SHIP COLLISION Iquique, Chile, Dec. 7.—(AP)— Seventeen persons were known today ca. After the crash the America stood by and rescued the captain of the uintero and most of crew. They were later landed at Iquique by the] of vessel also had thts early today | the other boat J. Lieber, city health | less than five the el of | sassins. gh id cities the Spidatais ie porious. ‘DAIRYMEN RESOLVE Crookston, Se TE REST PRICE FIVE CENTS: WITNESS TELLS HUNTING PARTY PREPARATIONS No Drinking Seen by Mrs. Donald Snyder on Evening of Webb’s Death BARTLEY, WEBB DRANK ‘I’m Shot, I’m Shot, Call a Does tor,’ Words Heard by New 5 Witness The trial of Ray Potter on a charge of the first-degree murder of Oliver Webb last October 27, got into a legal tangle this afternoon at 3:30. The defense, recalling William Franklin, a witness for the state; attempted to place in the record, by redirect examination, the state- ment which Webb made to him at a local hospital just before he died. , The court steadily sustained ob- jections by the prosecution to thé admission of this testimony on the grounds that the defense had not shown that Webb knew he was gor ing to die when the statements were made, _ Dr. Cyrus Hansen, the hospital interne who attended Webb, also was recalled but the prosecution again succeeded in preventing any evidence on Webb's statements from being presented to the jury. Statments of both Franklin and Dr. Hanson that Webb had said the shooting was accidental, were stricken from the record following objection by the prosecution that the technical requirements coverii the admission of evidence of this pict had not been complied with, The defense sprang a surprise when it announced that Mrs. Potter, wife of the defendant, would be un- able to appear in court and Judge Coffey suggested that the defense go as far as it could without her testimony and that the case could then be recessed until later. The state objected to having Mrs. Potter’s evidence presented by de- Position until it is proved that it is absolutely necessary. The state rested its case as soon as court reconvened this afternoon. Connolly Asks Dismissal Attorney L. H. Connolly for the defense moved to dismiss the case, contending that the testimony of the dead man’s father was that his son told him the shooting was an acci- dent. The state, he said, had utter- ly failed to prove that the shooting was deliberate and not accidental. The prosecution rested the motion contending that the dead man, at the time of his dying declaration, was not in a responsible mental state. Returning to the attack for the defense, Scott Cameron said the state had wholly failed to prove the murder charge or any other related charge. John Sullivan, assisting the prose« cution, pointed out that Webb’s statement that the shooting was an accident does not bring the state to accept the theory of an accident. He said Webb may have thought the shooting was accidental or knew the shooting was deliberate and said it was accidental in order to protect some one. " Motion Is Denied | , The motion was denied and the jury, which was excluded while the motion was argued, returned to the court room. Making the opening statement for the defense, Cameron said it would be shown that the shooting was ac. cidental, and that Potter and We were close friends and in the habit of hunting together. Cameron said it would be shown that Potter and Webb had often had drinks together, that there was drinking at the Potter home on the night of the shooting, and that Pot. ter accompanied Webb and Bartley to the latter's home. He said they would also prove that Potter then went to Bruce Belk’s home before he called for his wife at the apartmeny of her siste: id that Potter cam@ out of the house when his wife are rived with Webb and that the latter was shot just as he was leaving the ci Potter, he said, had intended to put the gun in the car preparatory, to going hunting. Potter Unconscious Cameron said it took him and his brother-in-law, who went to the Pote ter home after the shooting and found Potter unconscious from the effects of liquor, some time to re- store him to consciousness. ake i i £ 1a to call a doctor. Her hi wholly useless in the e: eine Weal te hah The ‘detente will show, he that Potter not only had no shooting Webb but no desire jure him. na ve McDonald, Cit T. RA A the civet witness for the identified a sketch i s: