The Bismarck Tribune Newspaper, December 28, 1928, Page 1

\ x NORTH DAKOTA'S THE BISMARCK TRIBUN OLDEST NEWSPAPER ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, FRIDAY, DECEMBER 28, 1928 PRICE FIVE CENTS PLAN NORTHWEST AGRICULTURAL FOUR FURNACE SALESMAN Giown Wants Divorce [INAUGURAL ADDRESS |‘Hog-Wild’ Farmers’ Wrath ins TORRY TARIRRG PARAGUAYAN STATES| "Mine" Pian Wins —Jicphy TapIARe ope » TOPACE CHARGE OF MURDERING SPOUSE Told Authorities Wife Killed Self After Confessing Front Porch Slaying CHOOSES TO FIGHT COUNT Story of Auto Suicide Remains Unchanged Despite Nine Hour Grilling Canton, O., Dec. 28.—(?)—An affi- davit charging Wilbur O. Heldman, Lorain furnace salesman, with the murder of his wife, Margaret, 21, on the night of Dec. 13, was filed by Coroner T. C. McQuate, today before Justice of the Peace Donald M. Smyth. Heldman told authorities his wife shot herself to death the night of December 13 with the same gun she had used just a week previously to end the life of Vernard E. Fearn, 35, Canton coal dealer. Heldman_ had obtained a confession to the Fearn slaying from his wife at their home at Lorain earlier in the day and he was bringing her to Canton to turn her over to authorities, he said. Mrs. Heldman’s death occurred in their automobile just as they reached the outskirts of Canton. Ask Preliminary Hearing In accordance with plans an- nounced by Attorney Frank N. Sweitzer, counsel for Heldman, a pre- liminary hearing will be demanded when the state will present its evi- dence in support of the charge. Filing of the affidavit was in line with a wish expressed by Heldman last Monday while being questioned by Detective Ora M. Slater and coun- ty officials. At that time he was told he would be permitted to make his oxn choice between remaining in jail as a coroner's witness until after a grand jury investigation or of facing murder charge. His decision was in favor of the latter. Heldman’s account of the manner in which his wife met her death has been subject of an intensive inquiry in which every angle of the story has been closely checked. ‘Sticks By Story His story has remained unchanged even after he had been subjected to nine hours of grilling and after every statement he made had been checked for its accuracy. Heldman has been in the county Jail as a coroner’s witness since the night of December 13, when he brought the lifeless body of his wife to a hospital with the account that she had shot and killed herself. Mrs. Heldman had confessed that she killed Fearn, who was called to the front porch of his home south of here and shot six times by a young woman the evening of Decefnber 6, Heldman said. WALLAGE'S MURDER HEARING DELAYED UNTIL NEXT MONTH Man Accused of Williston Kill- ing Has Bedridden Wife and Three Children Williston, N. D., Dec. 28.—(P)—A charge of first degree murder was placed against Bert Wallace, farmer, in district court today for the fatal shooting of John Prosser, 25, Sunday night. Preliminary hearing was set for Jan, 4. Wallace is the husband of a bed ridden wife and father of three chil- Gren. Delay in the preliminary hearing was readily granted by the state which wished extra time to continue an investigation of the alleged triangle which was formed by Wal- lace and Prosser in the quest for Mrs. £ ned! seta eee EE Above, “Happy Jimmy” Murphy as he used to look in his make- up—and below, the unsmiling Murphy of today Chicago, Dec. 28.—(NEA)—A clown who can neither laugh himself nor make other people laugh at him isn’t much of a clown. So “Happy Jimmy” Murphy, 51-year-old veteran of circus and theatre, is trying to get a divorce. There's no obvious connection be- tween those two satements. But Mur- phy, seeking to divorce his third wife, whom he married in 1924, says in his Petition that she has nagged him so much that he has lost his ability to laugh—and, with it, his ability to voree, he say hell be himself again vorce, ‘he says, he’ and all will be well. Murphy, who ran away from his home in Streator, Ill., at the age of 8 to join a circus, and who has appeared in all parts of the United States and Europe, says that the hackneyed “laugh, clown, laugh” motif is all a myth. A clown who is unhappy can’t succeed, he says. Hiding a broken heart behing a painted smile is all right, except that the broken heart won't stay hidden. 5 “In the old days,” said Murphy, “you -had to be able to entertan a crowd all by yourself. I've had to come out on the stage and keep ‘em laugtfing for over half an hour straight. A clown then had to be able to sing, dance, do acrobatics and al- most be a complete show alone. I used to get $10 a week for that, but I was happier and had more money than ever since. “There ain't many of the old-timers left who could do the ‘leaps,’ sing, and be in the concert. The ones now- adays just put on a lot of makeup and run around and think they are funny.” One of Murphy's prides is that he biped Ben Turpin the rudiments of “When Ben went into the movies I had a chance to go, too, but I didn’t, old fool that I was,” he says. SILJAN WILL RESIGN FROM BUREAU POST Member of State Workmen's Compensation Bureau Pur- chases Weekly Paper Resignation of L. J. Siljan as a member of the North Dakota work-| ing. men’s compensation bureau is ex- pected here within the next week or|8M insurgent since 1910, fighting two. against Purchase by Siljan of a weekly |#dmired Portes Gil and newspaper at Park River, Walsh county, will make it necessary for him ‘to leave his present place, it is said, and he has expressed to friends the intention of resigning in time for Governor Maddock to appoint his suc- cessor before the governor leaves of- fice. Siljan was appointed last July to @ five-year term, and his successor serve four and a half PREPARATION FACES HOOVER IN JANUARY President-Elect Will Make No Cabinet Selections Until After Conference WILL IGNORE LEGISLATION Calling Special Agricultural Re- lief Session Depends on Present Congress Aboard U. S. S. Utah, Dec. 28.—(>) —With the labors of his presidential campaign and his goodwill trip through Latin-America behind him, Herbert Hoover faces another stren- uous period during the time which remains before his inauguration. ‘The president-elect has before him no inconsiderable task. He has the selection of his cabinet, the mapping of the policies of his administration and the preparation of his inaugural address. To write this address, one of the most important of his career, which he will deliver at his inaugur- ation March 4, Mr. Hoover will go from Washington to Florida in the middle of January to take up his resi- dence on the quiet Penny estate on an Island near Miami. While Mr. Hoover has mapped out this speech, in a general way, its j actual writing will require some time as was demonstrated during his polit- ical campaign. He ‘ikes to give his full attention to the preparation of an address. Silent on Cabinct Mr. Hoover naturally has been giv- ing his thoughts to his cabinet, but if he has made any definite selections he has kept them entirely to himself. The president-elect himself has stated that he will make no final cabinet selections until he has had an opportunity to confer with friends and Republican party leaders after his arrival in Washington. To Ignore Legislation It was reiterated today that Mr. Hoover will make no effort during his stay in the national capital to influ- ence legislation pending before the present session ef congress and that the calling of an extra session of the new congress depends upon what the present short session does especially with respect to farm legislation. The president-elect is continuing to rest aboard the Utah after his stren- uous activities and arduous trips through Central and South America. The Utah is still encountering fairly heavy seas but rides them with a lazy | motion that produces no discomfort to Mr. and Mrs. Hoover or members of their party. FAMED INSURGENT CAPTURED, RELIES ON GIL'S NEW LAW Mexican Credited With Two At- tempts to Kidnap U. S. Ambassador Arrested . Mexico City, Dec. 28.—(P)—Maxi- miliano Vigueras, insurgent leader credited with two attempts to capture United States Ambassador Dwight W. Morrow, was under arrest today. He was captured in the town of Chalco and sent to Mexico City for trial in compliance with the new ruling against summary executions of in- surgents. Depradations laid to Viguelas have so affected tourist travel that the ma- tional highway commission had of- fered a reward of 5,000 pesos ($2,500) for his capture. Vigueras told newspapermen that everyone, including insurgents, which he styles himself, he decided to sur- render. One of his own relatives, who is a lieutenant in the home guard at the town of Chalco, captured him, but four companions si in escap- that he Brings Pig Securities Commission Bars Spokane Outfit From Doing North Dakota Business Application to’ Sell Contracts Denied and Previous Con- tracts Held Illegal The Central U. 8. Swine company will not make any more North Da- kota farmers “hog-wild.” An order barring the Spokane, Wash., company fypm doing business in the state was issued yesterday by the state securities commission. The company had applied for a license to sell certain service contracts but the application was denied and all con- tracts previously sold by the company in the state are held illegal. The matter came to the attention of the securities commission when 10 Sterling farmers went “hog-wild” a few weeks ago. The farmers said they had agreed to purchase brood sows from the com- pany under an agreement whereby they were to pay part of the initial cost upon delivery of the animals. The remainder of the purchase sums was to be paid by turning over to the company offspring of the brood SOWS. Contracts Clash The farmers said that the company agreed to buy back the offspring in @ verbal contract but that all other parts of the contract were written. A few weeks ago an agent of the company arrived at Sterling with the sows but would not deliver the ani- mals until the farmers paid the com- plete purchase prices in cash, It was then that the farmers put up their “holler.” They came to F. E. McCurdy, state’s attorney, with their story. McCurdy immediately obtained Possession of the animals through a court order and the farmers still have the hogs. But they want to return the sows to the company and get back their initial payments. The commission, after their hear- ing, decided that the Spokane com- pany plan of operation was fraudu- dent in that the contract was of such nature that the company could not deliver performance for any consid- erable period of time and that the company’s ,advertising was mislead- ing. Commission's Report The report of the commission fol- | lows: “Findings and order’shall be en- tered in connection with the applica- tion of the Central U. 8. Swine Com- pany, Inc., of Spokane, Washington, for a license to sell its service con- tracts in North Dakota, to-wit: It appears to the commission from the evidence submitted to it, upon the hearings had upon said application, that: “(1)—Said Company’s plan of oper- ation is fraudulent, in that the con- tract intended to be sold by said Company is of such a nature and character that it is impossible of per- formance on the part of the selling company for any considerable period of time; and that as a consequence, purchasers thereof will be defrauded of their money and property invested therein; “(2) Said Company's advertising, consisting of its contract, is upon its face misleading and calculated to de- ceive purchasers or investors, in that by its terms the Company offers and agrees to buy certain swine at prices substantially above the regular mar- ket price for such animals, which in the nature of things, it cannot do and resell the same without heavy losses, and said contract contains certain provisions regarding standards to be applied in making such purchases, which in effect reserves to the Com- pany the sole option to make or re- fuse such purchases; “(3) The general nature of the Company’s business is against public Policy, in that the same'is founded entirely upon a supposed endless chain system of purchase and resell, which is fundamentally unsound, and, therefore, is a deception and a fraud; and “(@) In many instances in connec- tion with the business of the com- pany heretofore transacted in North Dakota, the agents of said Company ip been guilty of fraud and decep- “Now, therefore, it is hereby or- dered that said application for a li- all governments, but that he SEVERE FLU OUTBREAK LATE. IN WINTER SEEN BY SURGEON Washington, Dec, 28.—(#)—Another outbreak of influenza more severe janis thes ie Gree = regarded as in the winter by Surgeon Generat Cumming. He .aid that he viewed the situation at present as serious, but Romared (ins Sas proses ware. sald parent ‘There is little lkelihood in the of the surgeon general that ‘disease will not spread over the Atlantic states as it has the west and parts of the south. enza /” similar to 1918 outbreak in the mildness of the first cases.” E hae i i i i if? ts Bg g H cense be, and the same is hereby, in all things denied.” Wescom Funeral to Be Held on Saturday Jamestown, Dec. 28.—)—W. Cc. ‘Wescom, 62, Stutsman county pioneer and prominent merchant at Edmunds, who died a Magdalena Noll Dies of Pneumonia fs Company Bar Late News Bulletins $20,000 SYNAGOGUE PLANNED Minot, Dec. 28—(P)—A local firm of architects has been structed to prepare plans for a new Jewish synagogue in Minot to cost $20,000. DAM REPAIRS DELAYED Grand Forks, Dec. 28—(?)—As soon as the ice of the Red river is strong enough to hold teams work will be started on repairs of the dam at the city according to City Commissioner J. D. Turner. PALLBEARERS CHOSEN Grand Forks, Dec. 28.—(7)—Six United States immigration patrol men will go to St. Paul Sunday to act as pallbearers at the funeral of Robert Lobdell, immigration inspector, killed near Roseau, Minn. Tuesday. Grand Forks, Dec. 28.—(?) — Potato growers and dealers of the northern Red river valley met here today, with P. F. Trowbridge of the state agricultural college for a genera! discussion of the po- tato crop situation. ‘DRY’ GETS 60 DAYS Indianapolis, Ind., Dec. 28.—(?) —E. S. Shumaker, superintendent of the Indians anti-saloon league, was ordered recommitted to the state penal farm today by the supreme court to serve a 60 day sentence for contempt of the court, TURKEY BOOTHS SOLD Grand Forks, Dec. 28.—(7)—All booths of the All American Tur- key Show which will be held in this city from January 28 to Feb- ruary 2 have been sold according to W. W. Blain, secretary of the show. About 540 birds are ex- pected to be exhibited. FIRST PILINGS SUNK Grand Forks, Dec. 28—()— First pilings for the bridge across the Red river which will replace the present structure built in 1888 were driven today on the Minne- sota side of the river, The bridge will be finished in July or Aug- ust. STRIBLING, SHARKEY SIGNED Miami/Beach, Fla., Dec. 28.—(?) —Definite announcement was made here today by Tex Rickard that W. L. (Young) Stribling of Macon, Ga., and Jack Sharkey, the Boston sailor, had been signed for a heavyweight bout here on February 27. The winner prob- ably will meet Jack Dempsey for the championship. AGENT ‘GETS EVEN WITH BOOTLEGGERS Prohibition Administrator Ar- rests 20 Liquor Law Vio- lators in Revenge Move Mouint Carmel, Pa., Dec. 28.—(7)— With 20 persons under arrest and large quantities of beer and whiskey confiscated, Col. W. F. Lleitel, deputy prohibition administrator for the eastern district of Pennsylvania, to- day felt that he was even with Mount Carmel for a beating he suffered at the hands of bootleggers in that town some months ago. Raids were made last night by 53 Prohibition agents and state police. Five stills which were found in opera- tion were destroyed and five truck- hind of beer and whiskey were con- “I had made up my mind that I make Mrs. Alsbury, Widow of Minister, Dies ‘contention, which has always been Col.|! Bismarck Cashiers | BOLIVIAN ARMY HAS TAKEN BORDER FORT Action Occurs at Point Where Clash Precipitated Pres- ent Controversy CREATES GRAVE SITUATION ‘Bolivia Never Respects Rights as Agreed in Pacts,’ Says Juan Ramirez Bolivian troops had recaptured Fort Vanguardia, where the clash occurred on December 6, “which precipitated the present Bolivian-Paraguayan con- troversy, and that Bolivian forces had advanced 12 miles into Paraguayan territory, was transmitted to the state department today by the Paraguayan charge d’affaires, Juan Ramirez. Paraguay in its communication to its legation here said that “a very, grave situation has again been cre- ated, because Paraguay alone cannot avoid new fighting.” In making public the dispatch from his government. Dr. Juan V. Ramirez, charge d'affaires of the Paraguyan le- gation, in a statement declared: “This happening confirms the Paraguyan held, that Bolivia never respects ter- ritorial rights as agreed upon in pects.” Coming at a time when it seemed that the danger of war had been averted, the latest development in the long drawn out dispute was regarded as ominous since the two armed clashes that have taken place on the border this month threw both coun- tries into a high state of excitement. Diplomatic relations were severed and Paraguay ordered mobilization of troops after a fight near Fort Boque- ron. MADDOCK BELIEVES MILL, MANAGEMENT IS GOVERNOR'S JOB Indicates He Will Recommend His Belief to Legislature After Meeting Fargo, N. D., Dec. 28.—(#)—Presen- tation to the legislature of a recom- mendation that sole management of the State Mill and Elevator continue in the hands of the governor, is be- lieved to be one of Governor Walter Maddock's last official acts as state executive, it was learned here last night. Governor Maddock came here from| Grand Forks where he had been in conference with Senator Walter Schlosser, a member of the senate fact-finding committee. The governor said he had called a conference of the fact finding committee to obtain in- formation from the committee mem- bers and the mill management for in- clusion in a report to the assembly. “will you make any definite recom- mendations to the legislature, and if so, what will they be?” the governor was asked, - “I went on record during the cam- paign,” he replied, “as opposed to the Independent Voters’ association pro- posal to turn management of the mill over to a special commission. You can use your own judgment as to what I will recommend.” “It is logical to assume, then, that you will urge the legislature not to adopt the Independent plan?” The governor replied, “That inference can be drawn.” Senators D. H. Hamilton and L. O. Fredrickson, both members of the committee, were not present at the conference. Washington, Dec. 28—(?)—A note; advising the state department that! Maj. Chester P. Mills of New York, former federal prohibition admin- istrator for the New York district, 1s the winner of W. C. Durant’s $25,000 Prize for “the most practicable plan for making the eighteenth amendment effective.” A closer guard at the source of supplies is one of the main recommendations in Mills’ plan. COFFEY SETS DATE FOR ARRAIGNMENT OF BANK OFFICERS Defendants’ Attorney Granted Time to Prepare Motion for Quashing Counts Formal arraignment of four former officers of the closed Bismarck bank was set for 10 a. m. Wednesday, Jan. 2, by Judge J. A. Coffey in district court this morning. The four officers are I. P. Baker, president; Benton Baker, president's son; George H. Russ, Jr., vice presi- dent and cashier; and A. C. Wilkin- son, assistant cashier. The four men face 49 grand jury indictments on charges of receiving funds in a closed bank, conspiracy to receive funds in a closed bank, and embezzlement. I. P. Baker is indicted on 48 counts, Motion for the immediate arraign- ment of the four men was made for the fourth time since the present ses- sion of court opened Dec. 4 by F. E. McCurdy, state's attorney, this morn- ing. Action in the case has been de- layed on each occasion by the judge after requests for more time in which to prepare the case were made by at- torneys for the defendants. J, M. Hanley, Mandan attorney rep- resenting the defendants, this morn- ing asked for more time in which to prepare motions to quash all indict- ments standing against the former officers of the bank which Judge Coffey allowed and set the arraign- ments for next Wednesday. The defendants were indicted by the Burleigh county grand jury Oct. 15 and have been at liberty under bonds since a few days after being indicted. The first step in the Bismarck Bank case was taken last week when FAVORABLE 0 FOUR NORTHWEST STATES Greater North Dakota Associa- tion Sponsors Legislative Organization STUDY TARIFF CONDITIONS John Lee Coulter Elected Presi-. dent and James S. Milloy Named Secretary Fargo, N. D., Dec. 28.—()}—The) Northwest Agricultural founda organized here through represent: tives from North and South Montana and Minnesota will meet first “test case” in its drive for increases, “more favorable to the northwest.” \ The first large undertaking of tha! new organization, called toegther yess terday by the Greater North association, will be an attempt to : sent a suited front in matters of leg! islation affecting the spring wheat area, now pending before congress. A tariff committee, named at the meting, has started a study of tariff| conditions in the four states. ise cussion followed concerning what! problems concerned each state. The conference adjourned ast night. ‘ Officers of the new organization! are: President, Dr. John Lee Coulter, president of the North Dakota Agri cultural college; first vice president,! John Brandt, Litchfield, Minn., presi-. dent of the Land o’ Lakes Creamery, company; second vice president,’ James Oshea, Roberts, Mont., national) secretary of the Farmers’ Union; third vice president, A. L. Berg, Bale tic, 8. D., president of the South Dae kota Farmers Elevator association; secretary, James Milloy, Fargo, secretary of the Greater North. Da- kota association. In addition to the five executive officers, all serving without pay, are eight directors, each the head of a major committee. The committees and committee chairmen were named by the conference, but members of other committees, except the tariff committee, are to be named ty the president of the foundation, with the approval of the executive committee following conferences to be held with representative leaders in each of the four states. ECONOMIST TO AID FARM FOUNDATION St. Paul, Dec. 28—(P}—M. W. Thatcher, general manager of the Farmers Union terminal, who re- turned from Fargo, N. D., today, where he was named chairman of the committee on tariffs, representing the newly organized northwest agricul- tural foundation, has called a meeting of his committee to be held here Jan, 3rd. In addition to committee members, representative men from the. north west who are interested in apricule ture will be invited, Mr. Tha*cher said. “In an attempt to canvass t.e agricultural situation thoroughly,” he continued,” we plan to call in the aid. of the agricultural specialist—the economist. It is also our intention to set up @ permanent bureau in Washe motions against Gilbert Semingson and F. B. McAneney, state bank ex- aminer and deputy respectively, were BISMARCK HEAVY I READY FOR DANIELS set by Minneapolis Boy's Boxing Ability Minneapolis, Dec. 28. — (#) — Jack McCann, Bismarck, N. D., and Dick Daniels, Minneapolis, heavyweights, | Watch for ‘Money’ or ae F. E. Shepard and J. P. Wagner, to give all $20 bills careful were made by the two men when Fargo banks re- $20 Federal Reserve certificates will meet in the 10-round main event of @ 36-round boxing card in the au- ditorium tonight. Daniels’ ability is expected to be offset by the cashiers of the First National andj Bismarck fighters’ jarring left hand First Guaranty banks in Bismarck re-|and ability to “take it.” spectively, today are taking particular} McCann’ pexioe of all $20 bills which they re-|Havel of Pine City here two weeks 's exhibition with Tommy ago whetted the appetities of fans to see him in action again. Although the Bismarck fighter flashed nothing sensational he laughed off everything ported the passing of several counter-|Havel had and continually walked him around the WOODEN-LEGGED WORLD WAR HERO SHOOTS HOLDUP DEAD : 4 ‘ any more bullets in Joseph M. Adler's) old army pistol today, but there is rT : 4 a | g : ; f | g id Hi ir it : iE [ i il tt : ii ! i i i Ht [ 3 et Z 8 ff Hs i } | F d Jack McCann's Jarring Left Off- oO, our representatives and there. “In the meantime the tariff come mittee is collecting all data bearing on our problems for the purpose of having facts and figures that will bear weight with congress.” Harold E. Wood, president-elect of the St. Paul association, another en« thustastic delegate to the initial meet< ing of the foundation in Fargo yester- day returned with Mr. Thatcher to< ington so we can deal directly with senators MRS. STEWART DEAD ‘FROM FLU’ ATTACK Widow of Stewartsdale Found. er, Burleigh Resident 46 - Years, Dies Suddenly i i R A i f