The Bismarck Tribune Newspaper, December 21, 1928, Page 1

NORTH DAKOTA’S OLDEST NEWSPAPER ESTABLISHED 1873 POTTER MURDER TRIAL JURY IS DEADLOCKED | How S-4 Observed T 9 MANDAN MEN ARE ELECTED OFFICERS OF 1929 SLOPE FAIR Cummins, Connolly and Schulze Named Officers of Asso- ciation FAIR TO BE HELD JULY 2-5 Extensive Agricultural Exhibit of Slope Products Is Planned Nine Mandan men were elected officers of the Missouri Slope Agri- culture and Fair association and plans for a great extension of the fair fea- tures for next year were discussed at ® meeting held in Mandan last night. New officials are: W.T. Cummins, president; L. H. Connolly, vice presi- dent; Fred C. R. Schulze, treasurer; W. F. McClelland, Joseph Maitland, T. J. Krause, J. L. Rovig, A. B. Welch, and L. J. McDonald, all directors. Dates for the 1929 Missouri Slope Fair were set for July 2-5 inclusive. Sufficient funds are in the treas- ury to provide for the preliminary booking of the 1929 exposition, it was announced last night. The new officers plan to feature an extensive agriculture showing at the 1929 fair, having many exhibits of beef and milking cattle, hogs, sheep, and grains. Special agricultural dis- * plays for the fair will be‘prepared by the U. 8. Department of Agriculture, the U. 8. Department of Commerce, and the North Dakota agricultural | ‘8 college at Fargo. Activities on farms of the Missouri Slope will be featured on special days set aside for that exclusive purpose, according to the directors. Work of 4-H clubs, Homemakers’ clubs, and educational groups will also be featured. The new officers expressed the opinion that the 1928 fair was a suc- cess despite the rainy weather during the exposition. All buildings on the fair grounds were painted outside, all roads were graveled, the grand stand was re- paired, and the running track was remade last year. All cattle build- ings were also whitewashed inside last spring. PRESIDENT COOUDGE SIGNS BOULDER DAM FLOOD CONTROL BILL Reclamation and Power Project on Colorado River Now Possible Washington, Dec. 21.—(?)—Presi- dent Coolidge today signed the Boulder Dam bill making effective the act providing for a reclamation, flood contro! and power project on the Colorado river. The president affixed his signature before a gathering of proponents of the Swing-Johnson bill, who were brought to the executive office by. Senator Johnson and Representative Swing, California Republicans, who for years had led the fight for enact- ment of the bill. The measure provides that the government shall supply the $165,- 000,000 estimated as necessary to con- struct a dam and accompanying works in Black Canyon. The money is to be repaid under an amortization Plan. from profits of power. Signature of the president was the last official act required in providing federal authority for the construc- tion, but either Utah or Arizona of the seven Colorado river basin states must ratify the Colorado river com- Pact or distribution of water before the act can become effective. The long fight in congress came to its end earlier in the week when the house accepted senate amendments to the measure. The senate passed the bill December 14, . CANG GUNS SHATTER MAS FOR CHILDREN ‘Chicago, Dec. 21.— (AP) —Gang shattered Christmas for THE BISMARCK TRIBUN Mail Plane Pilot Is Lost as C; “ft Hits Tree in Snowstorm last ht when the plane of Leo J. MaeGinn tovsed' bya So-mile gale during a heavy snowstorm, the cockpit and the plane burned. McGinn, who lived le May- {34 INDICTMENTS BY COUNTY GRAND JURY COST NEARLY $5,000 Burleigh to Foot Approximately $3,300 While the State Pays $1,500 Expenses for the recegt grand jury here cost Burleigh county spproxi- mately $3,200 and the state of North Dakota $1,500, according to a check- up made by the Tribune this morn- Salary and expenses of the special attorney who assisted in the investi- gation, totaling approximately $1,500, has already been paid by the stat according to George F. Shafer, a torney general. Expenses to the county came in salaries and mileage for the jury, salary and. mileage for the witnesses, mileage for the sheriff in serving BISMARCK, NORTH DAKOTA, FRIDAY, DECEMBER 21, 1928 ragic Anniversary asic Anniversary] Just a year after she sunk off Provincetown with a loss of 40 lives, the submarine S-4 slipped to the bottom of Long Island Sound in the first of a series of tests which may prevent further loss of life in undersea craft. In the upper photo you see the top of the reconditioned hulk, this time without a crew, as it was slipping beneath the surface. Lower right is Edward Yeadon, diver, being swung out over the side of the tender Falcon. His job was to attach chains to the heavy steel hooks installed on the submarine. The craft then was to be raised by pontoons. At 3:47 p. m., the hour of the disaster last year, salvage crews, even the divers standing on the ocean bottom, stood for a moment in silent prayer. This ceremony is pictured lower left as it was observed on the deck of the mine layer Chewink. ROAMING COLORADO Cost of special stenographic work ‘was $130, according to G. L. Spear, county treasurer. The jury, in session 22 days with two recesses, questioned 325 witness- es, returned 134 indictments, found 25 no true bills, and made more than 40 persons defendants on various MOTIONS TO QUASH A CHARGES AGAINST EXAMINERS ENTERED Semingson and McAneney Al- lege Indictments Faulty; Hearing Tomorrow Possibility that indictments re- turned Gilbert miner and deputy, by the Burleigh county grand jury might be quashed was indicated in district court today. Clyde Duffy, Devils Lake attorney representing Semingson and Mc- Aneney, moved that four indictments Judge James A. Coffey set a final hearing on the arguments for 10 a. . tomorrow. Semingson 1nd McAneney spiracy with bank officers to receive deposits in sn Insolvent bank. John Knauf, Jamestown attorney who aided in the grand jury investi- gation for ‘he state, will be here for the hearing ‘omorrow, he indicated in a telephone sall to F. E. McCurdy, ntfy’s “notion, in part, declares: That there ts no competent evidence ‘hat the defendants com- GUARDS SBCRET OF MISSING MAN, WIFE Hazardous Honeymoon Adven- ture in Grand Canyon Is Veiled in Mystery Grand Canyon, Ariz., Dec. 21.—(?)— Belief that Mr. and Mrs. Glenn Hyde, who disappeared while navigating the treacherous water of the Colorado river on a hazardous honeymoon ad- venture, still are alive spurred volun- teers onward today in search of the couple. But the foaming river guards its army aviators, risked their lives by flying below the rocky canyon walls of the Colorado, ended yesterday after having been partially successful. ‘The army airmen, descending 3,000 feet into the canyon until they were but 50 feet above the swirling water, which the ,honeymooners started down the fiver. It was stranded on the water's edge at Sep- aration rapids, 13 miles below Dia- Swirling Snowstom En- velopes Scaffold Bf Hi id Late News | ITALIAN GENERAL DIES Rome, Dec. 21—(7)—The Ste- fani news agency today reported the death of Count Luigi Cador- na, commander of the Italian army from 1915 to 1917, at his home in Bordighera. MAIL ROBBER IDENTIFIED Memphis, Tenn., Dec. 21.—()— Three postoffice inspectors today identified Frank Devers, alias Tom Underwood and known also under other names, as one of the band- its who kidnaped Truman H. King, a mail clerk, at Hibbing, Minn., two years ago and robbed him of registered mail. ACCUSES GILDA GRAY Port Washington, Wis., Dec. 21. dancer and movie actress, filed an answer to her divorce suit in court here late Thursday. FAMOUS FLYER STRICKEN here for appendicitis. Attending phy- said one lung was affected and that Goebel's condi- tion was “not satisfactory.” s MIL AND ELEVATOR FLOUR SALES GROW, + ane States Excess of Auditing to No Useful Purpose In- creases Expenses Grand Forks, N. D., Dec. 21.—(#)— Material progress has been made by the State Mill and Elevator since the special session of the state legislature last January but excess of auditing which serves no useful purpose is in- creasing the plant’s expenses and should be done, away with, O. L. Spencer, manager, declares in a re- port made today to members of the Senate fact finding committee in ses- sion here. The main points made in the report are: Sales of flour in western terri- tory have increased by 48,000 barrels over last year in spite of an 18,000 barrel loss up to June 1. The volume of business in eastern markets has increased about 100,000 barrels over last year. On December 1, the plant showed ‘an operating profit for the year of $145,698.4' unfilled sales orders jShould insure favorable operating conditions for some time to come, eastern business should become in- creasingly profitable. The report attacks the making of “special audits” of the Mill and Ele- vator which Mr. Spencer says he does not feel are ever justified unless there is a question of the honesty of the management which he does not understand is the case at this time. He pointed out that besides the ac- counting department at the mill the industrial commission has an auditor on duty at all times, and O. B. Lund of the state board of auditors checks the plant up twice a year. “The expense of these audits makes a serious increase in our overhead and any money paid out for auditing must come out of the operating ex- penses of the plant. This excess of auditing which serves no useful pur- pose from a business point, should be done away with,” says the report. Senators D. H. Hamilton, and L. O. Fredrickson, the members of the fact finding committee who are here, ex- pected to finish their work at the, GREEN S REPORTED BETTR BY DOCTORS iff. at - ” i neh He Jardine Endorses McNary Farm Bill; Believes Measure Provides for Substantial, Permanent Improvement Author Will Press for Short Ses- sion Vote to Make It Ap- plicable Now Washington, Dec. 21.—(4)—Endors- ing the new McNary farm mark2ting bill, Secretary Jardine today wrote a letter to Senator McNary, Republican, Oregon, urging its enactment at this session in order to make it applicable to the 1929 crop. “I am firmly of the opinion,” the secretary wrote, “that this bill pro- vides the basis for a substantial and permanent improvement of this, vr basic industry. I do not believe that the relation of other needed legisla- tion to this measure is such as to necessitate its delay pending the en- actment or prolonged consideration 7° such legislation. Since it would re- quire some time to put the provisions of this bill into operation, I believe that it should be passed as early as possible in order to make it applica- ble to the 1929 crop.” Senator McNary, who is chairman of the agriculture cqmmittee an- nounced immediately upon receipt of the letter that he would press his bill for a vote at this session. He said he would seek to assemble the agri- culture committee during the Christ- mas recess or immediately thereafter. Must Push Bill “If we are going to make the pro- posed farm relief applicable to the 1929 crop,” Senator McNary declared, “we must get this bill through at the short session.” Senator Watson of Indiana, the prospective Republican leader of the senate, succeeding Vice President- elect Curtis, already has initiated steps looking to such action and at- tempts are now being made to learn the views of Herbert Hoover. Senator McNary conferred yester- day with President Coolidge on the legislation and he is confident of ad- ministration approval of the bill. Hoover Wishes Considered There are some senators who say they would prefer to leave the agri- cultural problem to the Hoover ad- ministration. There have been re- ports from farm organizations that they also would favor that course but it is believed by administration lead- ers that the president in naming the proposed farm board would take into consideration the wishes of Mr. Hoov- er. The McNary Bill would provide for the establishment of a farm mar- keting board with power to grant licenses to stabilization corporations and to loan money from a $300,000,000 revolving fund to cooperative market- ing associations and their stabiliza- tion corporations. The corporations would be empowered to buy and sell crops, thus removing surpluses from the market in times of plenty and selling it again when shortages oc- curred. Discussing the bill Secretary Jar- dine in his letter said: Three Main Objectives The main objectives of this mea- sure, in my opinion, are: “1—To provide means of handling recurring surpluses in order to stab- {lize prices of farm products, and thereby to secure by orderly market- ing the maximum returns for the crop as a whole. “2—To enable the producer to get @ greater share of the consumer's dol- lar by reducing the cost of market- ing and by preventing speculation one waste in handling farm products, an “3—To encourage producers to or- ganize effective associations under their control for a better balanced production, more economical distri- bution and greater bargaining power in the market.” “I am firmly convinced that these objectives are essential to a sound Program for permanent improvement in agriculture and that they are at- tainable with the aid of the plan Proposed in this bill.” TUCKER'S RIGHT 10 LBERTY ON BAL I. ARGUED AT CAPITOL Convicted Slayer of Verona Banker Seeks Supreme Court Freedom . a Arguments were presented to the Asks Passage Bank Robber Trio Foiled by Scream Notasulga, Ala., Dec. 21.—(?)— A woman walked into the First National Bank of Notasulga yes- terday and upon glacing up say. a number of people lined against the wall with their hands extend- ed upward, and another group of three men pointing pistols at them. She screamed. A. B. Hope, president, who with Carl Hayes, cashier, emerged from captivity, from the vault a few minutes later, aided by of- ficers, quickly congratulated the woman. She had saved $15,000 in currency in the teller’s cage which was within grasp of the trio until they fled following the screaming. CARSON STOCK SALE BRINGS 15 PUREBRED CATTLE 10 DISTRICT Beef Shorthorn Bought for $280 to Set Highest Price During Sale (Special to the Tribune) = Carson, Dec. 21.—The purebred livestock sale which was conducted here Tuesday and Wednesday was a success despite the snowstorm which made it impossible for a large num- ber to attend. This statement was made yesterday by B. E. Groom, chairman of the livestock committee of the Greater North Dakota association, and Mar- tin Apland, association stock buyer, before they left for Mandan with 11 unsold cattle. 100 Attended Sale Only 100 of an expected 400 farmers attended the storm, but 11 cattle were sold and arrangements were made for the de- livery of: four more animals at later dates. The policy of the association is to handle North Dakota bred stock as far as practical. All animals in the Carson sale, with the exception of five Milking Shorthorns which were purchased from Wadena and Parkers Prairie, Minn, were North Dakota bred. Five beef shorthorns selected from the W. M. Brown herd at Amenia and four Herefords from the itto Tew herd at Wahpeton were the outstanding animals at the sale. Shorthorn Brings $280 G. R. Schmidt, Carson, paid $280 for a Beef Shorthorn while T. W. Asbridge, Leith, paid $250 for anoth- er Beef Shorthorn. All sales were made for cash through the F. E. Murphy revolving fund. : Milking Shorthorns were sold to: David Koop, Brisbane; Jacob Weg- ner, Pretty Rock; C. L. Woodbury and Martin Hanson, Carson. Beef Shorthorns were purchased by: O. C. Thoreson, Bentley; T. W. Asbridge, Leith; and G. R. Schmidt, Carson. Two Holsteins were sold to L. A. Havens, Lark, and Rudolph Tibke, Carson. Albert Hegge, Pretty Rock, bought a Guernsey and John Bach- ler, Almont, bought an Angus. The 11 animals brought a total of $1,755 to the sellers. WINTER COMES JUST AS ALMANAC STATES Official Beginning of Winter Season Is Set for 8:04- p.m. Today Chicago, Dec. 21—(AP)—Winter came to the middlewest today just as the almanac said it would. As the sun scooted to its winter solstice to give the United States its shortest day of the year and herald the official beginning of winter, cold weather swept into the midwest from Canada. Winter officially begins at 8:04 p. m., tonight, but for the Dakotas, Wis- consin, Minnesota, and parts of Can- ada it already has become estab- lished. Devils Lake, N. D., had a minimum of 18 below yesterday and at Bis- marck, N. D., the mercury fell to six below. St. Paul experienced a low temperature of four below while Duluth and Moorhead, Minn., each recorded readings of. eight below. ~ | Zero weather gripped La Crosse, Wis., in murder of Hans Bjone, Verona bank- er. M. A. Hildreth, Fargo, represent: Tucker, contended that Judge Charles Wolfe of the district court had -no right to revoke the bail and the Pas, Man., shivered in 30 be- low weather. Chicago had the coldest day since last winter yesterday when snow flur- ries and bitter winds sent the mer- cury down to seven degrees above at Eng’ Employe Is Charged With Money Thefts sale because of the) The Weather : Generally fair tonight and Sat- urday. Rising temperature. a PRICE FIVE CENTS, JURY DISAGREEMENT FORECAST AS HOURS PASS MINUS RESULT | ‘Thou Shalt Not Kill,” Thunders } Sullivan, Completing Argument 5 VERDICTS ARE POSSIBLE Judge Coffey Puts Defendant's Fate in Jury’s Hands at 5:30 p. m. Ray Potter's fate is still in the hands of the jury at 3 p. m. today. Potter is charged with the murder of his friend, Oliver Webb, in Bis« marck on the night of October 27. The case went to the jury at 5:30 o'clock yesterday afternoon. Deli- berations were continued until after 11 o'clock last night. The jurors re= tired shortly before midnight and resumed their arguments early this morning. No word came from the jury, room as to the number of ballots taken or their result but the opinion was freely expressed in court circles that a disagreement of the jury wag in prospect. Trial Reaches Climax “Potter, thou shalt not kill.” John Sullivan's voice was pitched: to a sonorous crescendo. An accuse ing finger stabbed at Ray Potter. The climax of a murder trial ha@ come in the Burleigh county district court Thursday at 4:52 p. m. Sullivan, special assistant attorney general, closed arguments of counsel with the biblical commandment and the fate of Potter, charged with the shotgun murder of his friend, Oliver Webb, on October 27 rested in the hands of the jury. Judge J. A. Coffey, Jamestown, in a 30 minute charge to the jury said there were five possible verdicts un- der the North Dakota law. Judge Defines Verdicts “You may find the defendan* guilty of murder in the first or second de~ gree, manslaughter in the first or second degree, or not guilty,” Coffey said. The punishment for first degree murder is life imprisonment; for sec- ond degree murder a maximum or 20 years in prison; for first degree man- slaughter 2 maximum of 15 years and for second degree manslaughter a maximum of five years. “It was an accident,” Webb's dy- ing words to his father were charac- terized by Sullivan as the greatest demonstration of sportsmanship the jury had ever seen or would see again. “Webb could not have known if the shooting was accidental,” Sullivan de- clared. “He may have been trying to protect Mrs. Potter by saying the shooting was accidental.” Opening the final argument to the jury,.Sullivan asked that the case be decided on the law and evidence. He asserted that the evidence was ample to warrant conviction. [ Attacks Potter's Testimony Attacking the testimony of Potter and his . wife, he said stories werd fabricated in certain particulars and that the jury should disregard their testimony for that reason. Discussing the location of Potter and Webb when the latter was shot, Sullivan stepped off whet he conside ered a distance of 23 feet, the dise tance alleged to have separated the pair when the gun was discharged. As the attorney strode across thé court room toward Potter, the dee (Continued on page eleven) - THEODORE ROBERTS’ LIFE SECRET FOUND IN LEAVING ESTATE Bequeaths Fortune to Nephew: Who ‘Suffered Like Hi Exile From Home old man” o: the stage and lifted the curtain on a secret life. His will, made public here veals that he left his estate, valued “more than $10,000” to his Edward Roberts Higgins of New city, ed the explanation. that