The Bismarck Tribune Newspaper, December 18, 1928, Page 1

NORTH DAKOTA’S OLDEST NEWSPAPER ESTABLISHED 1873 THE BI ACCIDENTAL,” DY eid 4 4541) 881) _) ee A) ee MAN KIDNAPED AND | Yellowstone Kelly, Scout and LEFT 10 DIE APTER RUM RUNNERS’ WAR Chicago Gangsters ‘Pikers’ Compared to Texas Liquor Racketeers HIJACKING REPRISAL SEEN Cold-Blooded Cruelty Sur- rounds Mystery of Sage- | brush Oil Fields Wink, Texas, Dec, 18.—()—The re- ported reprisal of a whiskey-running ting for the hijacking of a valuable cargo of “Christmas” liquor today presented a kidnaping mystery in the Barren Trans-Pecos ojl country that entailed all of the cold-blooded cruel- ty of modern-day Urban racketeering. The presumed victim was P. O. “Denver Blackie” Burcham, Wink restaurant owner, who was believed to be lost in the semi-arid and al- most entirely unpopulated expanse of sage and mesquite, after having es- caped from a water trough where he reputedly was bound and left to die by rum runners. Dozen Posses Search Reports this morning said a dozen tired posses including more than a 100 men, headed by redoubtable Texas rangers and Rio Grande bor- der patrolmen, had not found the man after a day of hard riding over the Mesa. Both sides of the Texas- New Mexico state line were combed without avail. Burcham has been missing since late last week. The story of the kid- naping came out yesterday when of- ficers questioned a youth known here only as “the Blue Punk” who told them that a booze running gang had seized the restaurant owner and had taken him in an isolated spot, where he was thrown into a water trough, bound with rope. fish line and barred wire, and left to die. Was Act of Revenge “The Blue Punk” told officers that the act was in revenge for the hi- jacking of a half million dollar car- go of liquor last Friday for which the leader of a whiskey running gang held Burcham responsible. He said the runners had brought the liquor in from Mexico, crossing the Rio Grande near El Pago, and headed for the Winkler county oil fields with pros- pects of ready sale to the hardened oil field workers. \ Before reaching the destination, the caravan was halted by hijackers who took the liquor and cars and turned the first owners loose afoot to make their way to civilization. Late News Bulletins BOULDER DAM PASSED Wi Dec, 18.—(?)}—The House accepted today the Senate amendments to the Swing-John- son Boulder Dam bill, sending the measure to the White House. The vote was 163 to 122, WHEAT AVERAGE SMALLER this year compared with 47,280,- year. BRUCE AMENDMENT OUT “ Wi » Dec. 18.—(7)- = cra ay aw. the house today 000 acres last Lady Northesk Is Wed to Embassy Attache London, Dec. 18.—(?)—Lady North- ’ this ‘morning Dakota Indian Fighter, Is Dead cc Heat Prostration in | |Winter! Yes, You Bet | TO ‘Washington, Dec. 18. — (#) —The switchboard operator laughed. The ambulance driver laughed. A nurse laughed and so did a grave physician. The ambulance was wanted. A man had been stricken with heat prostration—on a day with the tem- perature less than 60 degrees. The ambulance clanged away and re- turned with Osborne McFarland, negro, who did have heat prostra- tration. Ice bags were applied. Osborne had ben carrying a. hod —a full hod—up a ‘ladder. It was December when he began but after a few trips spring was at hand and then it Jumped to August. Osborne gave up. He didn’t have sun stroke; the cun wasn't shining. He did have heat prostration. UNDERSEA TOMB OF 4 MEN AGAIN SUNK POR SAFETY’S SAKE S-4 Deliberately Sent to Bot- tom on Anniversary of Fatal Crash Base, New London, Conn., Dec. 18.—(#)—The submarine 8-4, once the undersea tomb of 40 men, today was the prize for which navy divers fished with new lifting hooks in the gale-swept waters of ‘Long Island Sound. Sunk deliberately without a crew yesterday on the first anniversary of the crash with the Destroyer Pauld- ing in which the submarine sank off Provincetown, Mass., the submersible rested in mud at a depth of 55 feet as divers worked to attach massive chains to four lifting hooks or “pad- eyes” designed to hitch the submarine to huge pontoons for the raising op- eration. The sinking of the craft took place Submarine in Great Salt Pond, a land-locked bay off Block Island, R. I., about 30 miles from New London. The test of the lifting hooks was being conducted by the submarine rescue ship Falcon. ‘The operation, the first of a series of experiments with newly developed Tpecue and salvage had for its primary object determination of the accessibility of the lifting hooks to divers. Divers worked throughout the day and into the evening making fast to the “padeyes” and chains to guide the water-loaded pontoons to the side of the submarine and to pull the vessel up as the water was pumped from them. The Falcon throughout last night was at anchor over the hulk with everything in readiness for resump- tion of the experiment at dawn today. Despite the activity aboard the Fal- con, those on board and the crew of the Chewink, a submarine tender which stood by with newspapermen, did not forget the chief cause of their experimental work. At exactly 3:47 p.m., the time at which the S-4 and the Paulding crashed, the whistle of the Falcon halted all work on the two tenders while crews stood in si- lent prayer in tribute to those who died in the hulk which was under MADDOGK UNABLE 0 MEET FACT-RNDERS llIness in Governor's Family Forces Foregoing Grand Forks Trip prevent Governor iter from meeting with members of the state fact finding committee in ses- i i Hi I i ! Plains Roamer Who Visited Bis- marck in 1877 Dies in California Attended Banquet in Old 'Sheri- dan House on N. P. De- pot’s Site One of the greatest Indian scouts to roam the Dakota ‘and northwest prairies, Yellowstone Kelly, is dead. Captain Luther Sage Kelly, 79, one time visitor in Bismarck, famed for his fighting and executive work in the Philippine Islands, and a veteran army campaigner and Indian fighter, died at his home at Paradise, Cal., yesterday. Kelly made his first visit to Bis- marck in November, 1877, when this city was a frontier town. After van- quishing the Nez Perce Indians who had started toward the midwest from Oregon under Chief Joseph, Kelly ac- companied General Nelson A. Miles into Bismarck. They brought Chief Joseph and many of the Nez-Perce tribe as captives with them. This was then known as the ‘Dakota territory. Writes to Crawford Captain Kelly recently sent Lewis F. Crawford, of the state historical society, one of the menus used at the banquet given to General Miles Nov. 19, 1877, in the old Sheridan House here. The Sheridan house stood where the Northern Pacific depot now stands. Chief Joseph and his followers were captured at Bear Paw Moun- tain, near Havre, Mont., after mak- ing a running fight covering over 1,500 miles, one of the most spectacular military expeditions on record. Kelly first came into the midwest in 1868, going to Fort Berthold. He was well acquairfted with Jce Diet- rich, present resident of Bismarck, who came here in 1869. Kelly at first was employed in wood cutting, hunting, and trapping. It was in this work that the veteran learned the language of the Sioux Indians. He then became engaged to carry mail between Fort Union and Devils Lake, making one round trip each month and receiving a salary of $100 @ month. Fought Two Indians On one of these trips he met two young Assiniboine Indians wha show- ed hostility. Kelly dismounted and with his first shot killed one of the Indiars. The second redskin took shelter behind a tree but Kelly final- ly killed him also when a rifle ball ‘struck the Indian, who was using a bow and arrow, in the elbow. Night had fallen before this fight had ended and Kelly’s two pack horses had wandered. So the mail carrier walk- ed to Fort Berthold, a few miles away, under cover of darkness and returned with a group of traders the next morning. The two dead Indians were found and the pack horses were Lear about, a mile from the scene of the encounter. Xelly the: ° peed his trip. » aaa e Mandan, Gros Ventre and Ari- kara Indians were mad with joy at Kelly's victory and hailed him as ‘the Little Man With the Big Heart.” Even the Sioux were strongly im- Pressed with the “strong medicine” of ee ae who hever lays down his 4 never bush him. again tried to am- Kelly engaged next as a free trap- Per and hunter in the then-myster- ious Yellowstone country until me knew it as did no other white man. Tt was because of his life as a wilder- ness hermit that he became known as ‘Lone Wolf” and as “Yellowstone Kelly.” When General George A: Forsyth was sent in 1873 to explore the upper Missouri and the Yellow- Stone he secured Kelly as his guide and Forsyth’s report was invaluable to the army when the Sioux war broke out three years later. fi E a ig? FF 483 F i ge ry i i i g = g 5 E Eg bg f Hl ee oO : i i i z | i E i i i ng : i if i i Fos p E iy Guat ali i + ta E i i 5g 35 is s Ee ¢ E i i j f é i i li | [ f ag i i ge 3 i Hf if Seg g i 8 : 4 | ee i En if i th i Cheated by Fate Here is Orville Wright, father of the airplane, as he appears today—25 years after he gave his invention to the world. 4 ius interview Mr. Wright tells Allene Sumner why he has been unable to fly an airplane for the past 10 years, In the accompanying exclusive FIRST MAN TO FLY TELLS WHY HE HASN’T FLOWN PLANE IN 10 YEARS Rheumatism Denies Inventor of First Plane Thrill of Piloting Ship Orville Wright Thinks Aircraft Doing About: All That tt Will Ever Do BY ALLENE SUMNER Washington, Dec. 18—(NEA)— Orville Wright, the man who first flew “like the birds of the air” a quar- ter of a century ago while an under- taker waited with his rough box and bony horse on a windswept sand dune in North Carolina, is perhaps the only man of aeronautics today who thinks there's “too much pro- phecy and too much optimism about the future of aviation.” Orville Wright, the first man to fly in a heavier-than-air machine, has just run the gamut of his 25th anni- versary of what happened at Kitty Hawk, N. C., on Dec. 17, 1903. He has been the guest of honor of the world of aeronautics—the hero of the First International Civil Aeronautics Conference that drew aviation leaders to Washington from many nations. There were speeches and talk and glowing prophecy of the future of aviation—but none of it from this quiet little man from Dayton, Ohio. They flipped a coin—he and his brother Wilbur Wright, now dead— down in Killy Hawk that memorable December day in 1903 for the privi- lege of breaking a neck, as the awed onlookers believed, by attempting man’s first airplane flight. But no neck was broken—the plane flew. Unable to Fly Plane But, strangely enough, the joys of piloting an ‘airplane are denied to Orville Wright today, and have been for ten years. He has not been. able to operate a plane in nearly a de- fhe vibration of the ‘stick’ is too ” he explained, Hi H : i i SNOWSTORM PAINTS CITY WHITE TODAY Santa Claus Will Have Snow for His Sleigh; Tempera- ture Still Mild Santa Claus’ faith{ul reindeer will pull his sleigh over snow-covered fields an@ prairies on his Christmas visit to Bismarck this year. This was assured this morning when King Winter loosed the first blizsard of the season over the Missouri Slope and the northwest. A blinding snow, | falling at periods, blanketed the coun- try on the winds of a 30-mile gale, which swept the northwest most of the night. Bismarck and North Dakota will be mostly fair tonight and Wednesday. It will be a little colder tonight, weather men say. It was snowing at Devils Lake, Fargo, and Jamestown today, accord- ing to the weather report. Tempera- tures at 7 a. m. today follow: Bis- marck 80; Devils Lake 22; Fargo 19; and Jamestown 32. Tt was snowing hard in Minnesota and Iowa this morning, and over many other points in the north and west. Utah and Wyoming were the coldest spots. Modena, Utah, report- ed mercury at eight below at 7 a. m. Landers, Wyo., reported sub-zero weather during the night though it had warmed up considerably this morning. While the highways are open, it is expected with continued drifting snow that side roads will be blocked par- tially by night. WALLA, ROSEN AND | HEUSTAD REINDICTED Scott Cameron Objects to Ros- sen Reindictment After Dismissal — ’ E. M. Walla, accused of taking money from the Patterson hotel where he formerly was employed, was. re- indicted by the Burleigh county grand jury this morning. Wate with grand larceny. Other A total of SMARCK TRIBUN BISMARCK, NORTH DAKOTA, TUESDAY, DECEMBER 18, 1928 Human Blood Spatters Trail of ‘._ Kidnapers as Star Witness Dies Five Men Make Billy Ranieri Witness Run Gauntlet of Gun Death Cursing, Attackers Beat Assas- sinated Man's Companion With Bats Chicago, Dec. 18—(#)—The kidnap trail of Little Billy Ranieri, dusty from weeks of courtroom tedium, to- day was wet with human blood—Ole Scully's blood. Two bullets through the head, an- other in the body as he ran the gauntlet of guns in a west Taylor street restaurant late yesterday, and Scully was dead. The prosecution in the Ranieri kidnaping case had lost one of its most important witnesses. The state had been six weeks in picking a jury to try three men for the abduction of the 10-year-old boy. It had chosen carefully, for it wanted 12 men who would not hesitate to impose the death sentence it is asking for men on trial—Angelo Petitti, Andrew Cappellano and Tony Cap- Pellano. It got death—Ole Scully's. Assistant State's Attorney Samuel Hoffman had just completed his opening statement to the jury when his message was received in Judge Robert E. Gentzel’s courtroom: Challenge to Law “Ole Scully was shot dead, and the heads or arms of five of his compan- ions were broken with baseball bats by five men who followed them into @ restaurant on west Taylor street.” ‘The message created a sensation. “None of our lives are safe,” ex- claimed the prosecutor, “ours or the witnesses.” “This is a challenge to all law en- forcement,” said State's Attorney Swanson, “and it will be answered as such.” . The men had come to the restaur- ant from a funeral, riding in Scully's car, which they parked outside. Sud- denly the door flew open and four men entered. Three carried pistols, = fourth was armed with a baseball it. “Who owns that car in front?” they demanded to |.now. Scully and his companions denied knowledge of the car, whereupon the man with the bat, cursing, began beating them. Scully, defying the guns, ran for the front door. Trig- gers were pressed as he reached it, and he fell dead. The man with the baseball bat, stood over Scully’s body and struck it several times. " Even with a dead man on the floor and the sound of their revolvers echo- ing down the street, the men did not run. They set upon the others, using the bat and the butts of their pistols as clubs. They drove away a few minutes later. BAIRD NAMED HEAD OF NATIONAL GUARD State Receiver of Closed Banks Made Colonel, Adjutant General Announces L. R. Baird, Dickinson, state re- ceiver for closed banks, has been named commanding officer of the 164th Infantry of the North Dakota National Guard, according to an or- der issued yesterday by Adjutant General A. D. Fraser. Baird succeeds David S. Ritchie, Valley City, in the position. Ritchie was recently promoted from colonel to brigadier general in command of the 68th Infantry brigade. Baird has been ranked colonel, having been a Meutenant colonel in the state Na- tional Guard before. James E. Jones, Lisbon has also been promoted from second lieutenant to first lieutenant in Service com- Pany, according to Fraser's announce- ment. Jones succeeds Walter Curtis, former state American Legion com- paneer, who resigned after moving KING GHORGE SPENDS TROLS 2 HOLS London, Dec. 18.—()—The long and iE isn i ete yf | 5 ae eee | ‘Of All Sad Words | Washington, Dec. 18—()—“Whis- key did it all.” It was responsible for Thomas Powers taking up quarters in the dis- trict jail. - “Whiskey did it all” is not a state- ment of fact, but simply the title of @ poem written by Powers. He pro- duced “Whiskey Did It All” in police court when he faced the judge on a vagrancy charge, explaining that he sold the verses—there being thirteen —for “ten cents or less.” The judge looked, flinched, then read a stanza aloud: “Now reader, let me tell you That this, my sad disgrace, ‘Was caused by bad whiskey and now I sadly roam, Penniless and friendless, and that’s why I have no home.” “Twenty days,” the judge told ‘Thomas Powers. BOLIVIA-PARAGUAY IN ACCORD OVER OFFERS T0 SETTLE TROUBLES Both Willing for Conciliation and Arbitration by Conference and La Paz, Bolivia, Dec. 18.—Dec. 18.— (#\—The Bolivian-Paraguayan crisis made a quick shift in the direction of Peace today with the acceptance by Bolivia of the good offices of the Pan- American conference of conciliation and arbitration. This decision followed on the heels of a Bolivian order to the commander of the Bolivian frontier forces to cease attacks on Paraguayan troops in the disputed Chaco region where tension has run high for the past 10 days. Paraguay yesterday announced ac- ceptance of the Pan-American offer of mediation thus indicating together with Bolivian’s action that the pos- sibility of immediate further hostil- ities has been largely averted. The acceptance by Bolivia of the conference's good offices forwarded to Secretary of State Kellogg who sent the original offer, was made pub- He in e communique tsstied in La Par at an early hour this morning. The communique was as follows: “Bolivia accepts the good offices of the conference of conciliation and arbitration, it being essential to in- vestigate the origin of the conflict which consisted of an unwarranted attack by Paraguay on our Fort Vanguardia. “A note will be sent to the president of the conference” (Secretary of State Kellogg). This communique was signed by Tomaso Elio, minister of foreign DANCES IN COUNTRY CALLED “INMORAL Burleigh Grand Jury Indicts Af- fairs as Menace to Com- \ munity Morals Country dances were indicted by He Burleigh county grand jury to- Completing its work after three different sessions lasting nearly a month, the grand jury said it had “made some examination of the con- dition of the country dances in Bur- leigh county, North Dakota, and has also obtained considerable informa- tion concerning country dances in every other county in the state and believes that Burleigh county is typi- cal of other counties.” The jury further declared that “country dances as they are conduct- ed are a menace to the morals of the community and should be corrected by legislative action, and enforced by the officers, absolutely prohibiting only public ces outside of the bor- ders of any incorporated city or vil- “This recommendation is made be- cause we believe that the public dances are a meeting and gathering place where people gather together, not so much for dancing as to in- dulge in the use of intoxicating liquor ‘and for immoral practices, and such gatherings are a menace to the moral welfare of the state as a whole. State Swine Growers Consider Hog Prices °° | of Tongue or Pen’ | ° ee PRICE FIVE CENTS ING MAN TOLD POLICEMAN MRS. POTTER DENIES HUSBAND IS JEALOUS: OR 1S QUARRELSOME Admits Accused Man Was Not Too Drunk to Walk When Shot Was Fired INSISTS MATE COLLAPSED * Says Dying Man Told Hee Shooting Was Accidental on Way to Hospital Scott Cameron, counsel for the de« fense in the Ray Potter first degree murder trial, from the witness stand this afternoon told how he arr Ray Potter's face for five minuteg’ and talked to him on the night of fatal shooting of Oliver Webb in effort to arouse him from a stupor. He said he tried to get the defends ‘ant to go to the hospital where Webly was dying. ! Cameron then suggested that thé jury be taken to the scene of the shooting but Sullivan, assistant: prosecutor, objected on the ground that the site might have beem changed since the shooting. The trial was not resumed until 2 p. m., being delayed when grand jury reconvened this m« and was marked by the first endear of thedefenseattorneys tobreak the evidence of a serving maid and af soldier who had testified for state, and the introduction of t new witnesses. } Frank Williamson testified that could not see lights in the Pott house from the point where the and the soldier said they heard Pote ter curse Webb and Mrs. Potter/ Williamson was an unexpected wit< ness as was H. L. Barchenger, Cend ter, brother-in-law of the defendant who told of the arrangement of the lights and furniture in the Potter home. He was excused, however, om a motion of the prosecutors, Franklin First Witness With the grand jury out of the way, the trial of Ray Potter was resumed at 2 p. m. today. William Franklin, Bismarck police- man, was the first witness. He previ- ously had testified for the state. Franklin said he saw Webb at the hospitet:and thiked with him. ‘The state again objected to Franklin tell- ing what Webb said to him at the hospital and an argument ensued on this point. It was the same argu- ment which occurred when Franklin was a witness for the state. Sullivan went to the library in the judge's chamber to consult the legal authorities while Cameron telephoned to his office for some law books of his own. Attorneys Consult Books Meanwhile ‘the proceedings were att @ standstill. Sullivan selected the legal encyc« lopedia as his authority while Came eron called for another volume. Sullivan reappeared with a law book and read to the judge at the bench in a low tone, Cameron look- ing over his shoulder. The question as in the previous argument on this point was whether or not Webb's statement to the policeman could be considered as a dying declaration. ‘The court overruled the state’s ob« Jection. Franklin had lost the question frong his mind and it was read to him. Franklin said he asked Webb three times how the shooting occurred and each time Webb answered “accidents al.” stata On cross-examination the brought out that Webb did not am< plify this statement. Cross-examinas tion consisted of but one question. Finley Baker followed Franklin. H6, said he had seen Potter's gun at the house and had taken it from Police Chief Chris J. Martineson, There was no cross-examination, Snyder Tells Story Donald Snyder told how he been hunting with Potter fore the shooting. Sny i iy E x! Hl Eg Malmaquist were ox” the hunting trip. The shells, he been ‘Webb. Snyder said all but Potter took their guns apart upon the: : always had beet careful with their guns, he said said, was to take of ths. g zg aE. is