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ees RRO tere - ey NORTH DAKOTA'S OLDEST NEWSPAPER ESTABLISHED 1873 THE BISMARCK TRIBUN BISMARCK, NORTH DAKOTA, SATURDAY, DECEM BER 22, 1928 The Weather te and Sunday. eh sagen tompersturke Generally No decided change in PRICE FIVE CENTS WILL BE HE 2,000 Bismarck Youngsters Ex- _ PASSED BY SESSION pected to Attend City's = Celebration © Four Appropriation Bills Pass Gifts, Community Singing, Male r . House, One Is Signed Quartet, Recitation on : by President been rE Christmas siurts at 3 olock sharp DAM BILL OUT OF SENATE | Monday j Naval Bill and Peace Pact Reach Floor After Short Committee Work Washington, Dec. 22.—()—Con- gress drops its weighty cares until January 3 today, proud of its record of accomplishments during the first three weeks of the short session. Leaders in both senate and house were well pleased with the results and felt the legislators had earned their Christmas and New Year re- spite. Many senators cnd representatives had made their holiday exists from the capital, leaving only small at- tendances for the final session today. Representative Tilson, of Connecti- cut, the Republican leader in the house, was particularly jubilant over the record established by that body in passing four of the nine annual appropriation bills before the holl- celebration Bismarck has ever put on as @ community affair. ‘The program is to be opened by the thering singing two songs, “Jingle and “Joy to the World.” leader in the elated over that Methodist district superintendent. The male quartet which it had been planned to put on could not serve in its entirety, so @ mixed quartet will After holidays, the senate will Jon, gerd eat: tary winether the cruiser bill or the me] runet. Shipley, | Balley, ” Bavone, whet \- loge treaty is to have the right of | reemec, creer ions are expected wey The Christmas of the First Presbyterian church will be UT ARS ATTITUDE ON held this evening at 3 o'clock. With " “Good Will Among Men” as a theme, carols, hymns, dramatization of BOULDER DAM HOLDS BOOSTERS INTEREST Arizona or Utah Must Agree on Compact to Insure Build- ing of Project and Lord’s Prayer— Benser. “Holy Night”, song by primary de- partment. : “We Come to Bethle- Reading: hem,” Jean Crawford. “O Come, Los Angeles, Dec. 22.—(}—Jubilant advocates of the Boulder dam pro; turned their attention to Utah’s offi- cial attitude toward ratification of the Colorado river compact, the last legal barrier to building of the high- | din: est dam ever. constructed. Agreement to the compact of Utah or Arizona is needed before the Swing-Johnson bill, which became. an i titude, interest turned on Utah’s prob- | Clear,” sung by department. pesre orpbiesustical with state of- (girls of tn i department fictals and legislative leaders hesita Dobler, Gladys Risem, Ruth is to commit themselves until they 5 poe ‘Thomas Pre t Coolidge’s approval of the} “Hark! the Herald Angels Sing,” bill, which the house passed sung by t. Celebration It will be the biggest Christmas | be substituted. This has not yet/Motion to Quash Indictments been made up definitely. wre ‘ear desotichioe: Made by Clyde Duffy, Dev. LD ON MONDAY | Bruised, Battered, | i Burned Tot Rescued Dorothy Clawson, who'll doesn’t know it but @ better chance only inquiry at being juvenile authorities, in the children’s home was “will Santa know I'm in a new place now.” Dorothy was found huddled in a corner of her home biting on a crust of bread. A warrant charging her father with battery was sworn out on with a hot poker. Maybelle Keyser, city welfare officer, said the mother admitted the child had been cruelly mistreated but contended “that was the way I was brought up and I don't know any different.” zee c= GRAND JURY COUNTS AGAINST EXAMINERS DROPPED BY COURT Semingson and McAneney In- dictments Are Quashed by Judge J. A. Coffey {JARRE PART OF BANK CASE ils Lake Attorney Motion to quash grand jury indict- Gilbert and James Burbage Dies of Influenza; Was 73 James Burbage, Livona, brother of tion was held. A Prayer for the. True Christmas| John Burbage, the Northern Pacific ‘Las Vegas would be first to feel ef- baggageman, died last night ‘at: a fects in] “As With Gladness Men of Old.” | local hospital, where he ‘been tin- Black canyon at an estimated of} Reading: “Good Will Among Men,” | der treatment for He was $165,000, -Material for the con-| Spencer Sell, 13 years of age. { struction must pass through “Thou Didst Leave Thy Throne.” The funeral will be held and a vast growth in population was '. 8. Wright. | morning ‘at Livons. ¥ ; H E ¢ a i it i ee fi? f Ie H tf I E Ear fir i | | ‘Where 14 Died in Plane’s Plunge One of the greatest of major disasters of the air was the crash of the huge air-liner, Santos-Dumont, into the bay off Rio de Janeiro. The twin-mo- tored flying boat, carrying a party of high Brazilian officials out over the sea to welcome the arrival of Alberto Santos-Dumont, scientist and aviator for whom it was named, plunged into the water with the loss of fourteen lives. Here you see the tangled wreckage, still containing several of the bodies, being lifted from the water after divers had attached cables. BLOODY FINGER PRINTS ON _ TOWEL CLUE TO MURDERER Teacher's Body, Nearly Decapi- tated, Found in Semi- Burned Cottage Illinois Sheriff Promises Appre- hension of Slayer of Civic Leader Carmi, IL, Dec. 22—()—Ofticers in nearby cities today were asked to arrest Hoyt “Mack” McMurray, 28-] year-old negro hotel porter and ex- convict, who disappeared shortly after the slaying of Miss Anna Pre- her, 47, a school teacher, whose near- ly decapitated body was found in her! room cottage yesterday. Robbery was believed to have been the motive. Carmi, Ill., Dec. 22.—Immediate ap- prehension of the slayer of Miss Ana Preher, about 45 years of age, whose body, nearly decapitated, was found in her. home yesterday, was promised by Sheriff Jesse Grissom today. He would not reveal the nature of leads upon which he was working. Miss Preher, a grade school teacher and civic leader of Carmi, apparently struggled with her assailant. Part of her clothing was torn away and ef-: fects in the little four-room cottage disarranged. There was no evi- dence, Sheriff Grissom said, of the been ransacked. failed in an attempt to . A partly burned bun- thing was found near body, which was discovered in a Mrs. Maude Chalfant, city superintendent of schools. A hole 2 8 5 8 B BROADWAY JAMMED BY SANTA BROWNING Benefactor to ‘Peaches’ Finds Trouble in Gift-Giving as _ Well as in Matrimony New York, Déc._22—()—Edward W, Browning, the “Daddy” who married Frances pee | Walter Hagen Wins i Way to Meet Front | by Playing in Night | Mbt dikes deeb lea Avalon, Santa Catalina Island, Cal., Dec. 22.—(AP)—Having on their spurs as night golfers, Walter Hagen and Oharles Guest of Detroit, en- joyed a strategic position in ~the Catalina Island open golf tournament today, two strokes behind the field leaders, but two strokes over bar 96. The pair, along with Leonard Schmutte of Lima, O., finished the first 27 holes in the opening day's play late last night in inky darkness following a late start. Despite the handicap which forced them to strike matches to find the balls on the last hole played “the Haig” and Guest came in with 94’s each, two strokes above the low scores turned in by Young Horton Smith, of Joplin, Mo, and Gwyn Bowen of Portland, Ore. Schmutte's score totaled 102. In an effort to speed up the tourn- ament 27 holes were played and an- other 27 will be run off today, leav- ing the final 18 for Sunday, when the $2,500 in cash prizes will be decided. At the halfway point at noon today the field will be trimmed to 48 finishers from the 100-odd starters. COUNTY SEAT FIGHT IS TAKEN TO COURT Selfridge Man Says Legal Re- count Will Show Fort Yates Has Lost Fort Yates, N. | | ° ., Dec. 22.—(AP)— .| ‘The county seat tight, which created -| keen interest in the last election in Sioux county, was the subject of a Prospective court fight today. Charles Pulling of Selfridge has filed » suit in the district court charging irregularities in the vote on the county seat question. He alleges that non-residents of the county were permitted to vote and that some per- sons voted who were not even citi- zens. He wants all of these votes thrown out. If' this is done, he contends, the result will. show that Selfridge re- ceived the two-thirds majority nec- essary, to move the county seat from here to Selfridge. The returns by the county canvassing board showed that Fort Yates received 704 votes while Selfridge received 1,102. CASS COUNTY NATIONAL BANK FACES A $57,000 DAMAGE SUIT Allege Public Treasurers Were Refunded in Exchange for Bond Releases Ask Return of $75,000 in Pub- lic Funds From Total of $325,000 on Deposit Fargo, N. D., Dec. £2.—()—Sult to recover $57,500, alleged damages in- curred through the closing of the Cass | }; County National Bank, Casselton, was filed against officers and directors of the bank today by a depositors’ com- mittee of three, represented by U. L. Burdick, Fargo attorney. In the complaint it is claimed that officers of the bank just prior to its closing, and with knowledge that it was about to close, solicited public treasurers and returned to them the funds which were on deposit in ex- change for releases of bonds which had been given. In claiming injuries of $57,500 and asking for the return of $75,000, which was in public funds in the bank, to the bank’s assets, depositors point out. that their moneys in the bank to- taled $250,000 of the $325,000 on de- posit in the institution just prior to its closing. Officers and directors of the bank who are made defendants are Frank J. Langer, president; W. C. McFad- den, Fargo, vice president; John L. Gunkel, cashier, and J. A. McKinnon, assistant cashier. DEATH PENALTY FOR ALLEGED KIDNAPERS IS STATE'S OBJECT Billy Ranieri Case Goes to Jury Today After Bloody Chicago Trial Chicago, Dec. 22—(4#)—The Ranieri kidnaping case is expected to go to the jury tonight after nearly four weeks of courtroom procedure. The state will ask the death pen- alty for two of the three men on trial for the kidnaping of 10 year old Billy Ranieri for $60,000 ransom, Angelo Petitetand Andrew Capellano. Tony, Andrew's son, also is accused of being implicated in the plot. Since its start, the trial has been marked by intimidations of state wit- nesses and the slaying of one, Ole Scully. ileal A. Frank Ranieri, father of Billy, received another threat against his life today, warned him that he was next on the Hst marked for death after Mike Divito. It was Divito who escaped death by @ few minutes when Scully was killed and who the state charges has been marked as the next victim. Ranieri admitted receiving the letter at the trial today but refused to discuss it. Nearly everybody concerned with the prosecution as well as the judge himself have received threats and to- day Benedict Short, defense counsel, got a threatening letter. The writer said he was not a rember of the black hand but a “white man” and threatened Short with death for de- fending his clients. It was signed “A White Man’s Message Who Means Business.” , Three suspects in the killing of Scully including a brother of the de- fendant, Angelo Petitti, and the boy's godfather were released today by Judge Robert E. Gentzel, trial judge, when he was promised that the three would be available to the state at any time they were wanted. The state had protested their release maintaining that they would make attempts on the life of Divito and others, PARK RAPIDS MAYOR ACQUITTED IN COURT Park Rapids, Minn., Dec. 22.—(P)}— Mayor Charles W. Wilkins of Park Rapids was acquitted of the charge of second degree manslaughter by a jury in district court here this morn- Wilkins was indicted Dec. 6 as the result of an automobile accident Sep- tember 16, when Dorothy Notting, 8- year-old Grand Rapids girl, and Wil- liam Cunningham, 70 years old, of Cando, N. D., were killed by Wilkins’ truck on a highway near here. Judge Graham M. Torrance of Be- $ 100 Trapping Permits Issued by Isaminger Trapping will soon be taken up in ernest in Burleigh county. One hundred trapping licenses have been issued to citizens of the county by A. C. Isaminger, county auditor, he said today. The muskrat season opened Satur- day, Dec. 15, and the season for trap- ping mink, raccoon, weasel, red and gray fox has been open since Nov. ie will continue until March 31, All parties having furs to ship in season are required to use special shipping tags furnished by M. A. Hoghaug, secretary of the state game and fish commission, Devils Lake. Persons may trap animals on their own property without a license, ac- cording to the secretary of the game department. BUSINESS OUTLOOK FOR NORTHWEST IS GOOD, BANK STATES New Securities Have Been Ea- gerly Taken by The In- vesting Public St. Paul, Dec. 22—(?)—In the first of a series of weekly business reviews in the northwest, the Merchants Trust Company of St. Paul says that new security offerings have been eagerly taken by the investing public. This condition has been particularly true so far as offerings of securities originated in the northwest have been concerned. It seems wholly probable that gen- eral business will be good throughout the first quarter of 1929 because it is 80 good in the closing quarter of 1928 that its momentum may be trusted to carry it ahead at about present levels for some time ahead. ‘The final report of the Minnesota and federal government crop report- ing service for Minnesota shows the farm income of the state in 1928 was $6,953,000 greater than for the year 1927 notwithstanding the fact that Prices of wheat and nearly all other grains were sharply lower than a year ago. The 1928 total was given at $272,085,000 for nine principal crops. With larger quantities of wheat and other grains held on farms of the northwest then in several years the purchasing power of the farming dis- tricts promises to be large for months ahead. The bond market has shown some improvement in recent weeks and a steady month-to-month since the low point was reached last summer. BRUCE MURPHY MADE EXPERT ACCOUNTANT Bismarck Man First State Uni- versity Student to Pass in First Attempt Bruce Murphy, son of Mr. and Mrs. R. B. Murphy, 213 Avenue A West, is the first University of North Da- kota student to pass the certified public accountant examination in his first attempt. This was revealed Wednesday when the results of the annual examination were announced by members of the North Dakota accountancy board. I. B. Krueger, Fargo, graduate of the University of Illinois, also passed the examination. Five took the ex- amination, which was conducted Nov. 15 and 16 at Grand Forks. Murphy was graduated from Bis- marck high school in June, 1923. He enrolled at the state university the next fall but still has one sem to complete at that institution. He is now secretary of the North Dakota ‘Twine Plant at the state penitentiary. Members of the state accountancy board are F. F. Burchard, secretary, and J. W. Wilkerson, both of Grand Forks, and T. H. Poole, Bismarck. ‘The examination is prepared by the American Institute of Accountancy, New York city. Supreme Court Has Tucker Bail Appeal The supreme court is expected to determine within the next few days Can’t Even Identify Self by Old Bed _ As Folks Take Amnesia Victim Home a i ul iil g E i E Eg g | Fe ! popes fag E large firm and went by the name of J.C. Morrison. Potter Jury Fails to Agree CONGRESS RECESSES (COMMUNITY XMAS PROGRAM JURORS ARE9 70.3 FOR CONVICTION OF MURDER DEFENDANT Three Steadfast for Complete Acquittal, While Other Nine Vary ENDS 24-HOUR ARGUMENT, Accused Man Free Under Bond Until Case Is Retried; No Date Set * The jury which tried the case of Ray Potter, charged with the first- degree murder of Oliver Webb here last October 27, di today. After having deliberated since 5:30 o'clock Thursday evening, the jury filed into the district court room at noon today and said they had been unable to agree on a verdict and that there was no chance of them doing so. Although members of the jury wer. reticent about the 42-hour argument which they had conducted, with only brief intervals for eating and sleep- ing, it was learned unofficially that they stood nine to three for convic- tion. The three were steadfast for complete acquittal while the nine were favored conviction for varying degrees of murder and manslaughter, Continues Free Man Potter will continue a free man un- der bond until the case can be re- tried, his attorneys informing the court that his bond will be a continu- ing one. State's Attorney F. E. McCurdy told the court that a retrial of the case will be had but set no time for it. The jurors looked wan and tired as they filed into the courtroom. Pot- ter was in court, looking drawn and pale also. Judge J. A. Coffey inquired if the jury had reached a verdict and George Hedrix, jury foreman, replied: “We have not and we are unable to Disagreement Chorused Judge Coffey asked: “Is that your opinion, all of you gentlemen,” and the jurors chorused assent. They Sieg Plainly anxious to have it over with. The judge thereupon thanked the jurors for their “serious consideration of this matter,” and excused them ffom jury'daty until further notice. The case attracted wide attention thoughout Western North Dakota and the state as a whol. Webb was a son of P. B. Webb, pioneer Bismarck merchant and widely known in North Dakota commercial circles. Were Close Friends Potter had been a close friend o: the dead man & 4 his defense that the shooting was accidental a1 occurred while, he was under the in- fluence of liquor. Witnesses for the state testitie. that they heard Potter curse Webb and his wife, who had been riding with Webb in an automobile, imme- fense contended that these witnesses were too far away from the spot where the shooting occurred to be (Continued on page eleven) EVANGELINE BOOTH MAY BECOME HEAD OF SALVATION ARMY Reform Element Seeks to Re- move Sick Commander as Unfit for Position New York, Dec. 22—(AP)—The |New York Times today says that Commander Evangeline Booth, chief executive of the Salvation Army in the United States, sailed secretly for England on the Olympic early today on @ journey that may end with the tl i i i efeE ate if diately after the shooting. The de-_