The Bismarck Tribune Newspaper, August 17, 1929, Page 2

[ Py ' ( v Ho tion exe bas 508 of) T ab of sug one ig abe she der be Ca I for net cor pile c GERRAGRE8.355_ 2928282 22 RK8 serra 25 a) beeeerraie ~ pen as oe 35 28h 4 a SAbQSREWES Qa25_ E55.252289 8 ~ © | ayeen2_ 2829. 8..2% 0KeUEdETES He = eaeet i? ALLEGED INGPIRER | BENEFIT BY DOUBTS, Held to Have Been Confused by 47-Word Question and to Have Caused Verdict YOUTH CONFESSED DEED; Said Other Accused Incited Him to Deadly Potion for Par- ents; Lad Burned School Ignorance of the law may consti-{ tute no defense in court but other} kinds of ignorance may obtain a new | trial for a man convicted of a felony. | Reversing the Logan county dis-| frict court, the state supreme court | hes granted Ed Fichtner a new trial, on the ground that he did not under- stand questions which were asked of | him and helped the prosecution to) convict him by saying one thing when | he meant another. . Fichtner was charged w spiracy to poison the paren’ bert Ziegenhagle, 17- living near Napoleon. Ziegenhagl confessed to putting poison in fugar at his home and involved | Fichtner, claiming the latter had} plotted with him to do the act. Ficht- ner was found guilty, after a trial be- fore a jury, and was sentenced to the | state prison. | In ordering the new trial, the court | “pointed out ons question containing “4? words which the cefendant an- swered in the affirmative. The court | pointed out that Fichtner apparently had the intelligence of an cight-year- oid boy and might easily have mis- inderstood the question. It also as- signed other reasons for ordering the | new trial, among them the fact that the trial judge and the prosecutor were not sure that justice had been done in the case. The court also discounts the theory that Fichtner inspired the Ziegen- hagle boy to attempt to poison his parents. The boy had burned down a school house so he would not have to go to school and had poisoned his Pony to make sure that the poison ‘was effective. Both of these acts ‘were committed without apparent en- couragement from Fichtner, the court pointed out, and were actuated only ‘Dy the processes of the Ziegenhagle boy's mind which the court pointed out were of markedly criminal tend- ency. No Drayage Charges Legal if Freight Is Joint Rate Shipment Persons receiving shipments of freight which have been transferred from one railroad line to another by dray or truck, should refuse to pay such drayage charges if the shipment moves on joint through rates, ac-| cording to a statement issued by the traffic department of the state rail- toad board. Joint through rates include charges for the transfer of the shipment from one railroad to another and drayage in addition to the rates should not be collected from the consignec, the statement said. Consignees who have paid such charges should file applica- tion for refunds or refer the matter to the traffic department of the rail- road board, the statement said. ‘Numerous cases of such overcharges have been reported to the board since the new reduced intrastate class freight rates became effective July 12, it was said. th con- | | Smallpox is responsible for more deaths in France than in England, the rate per million over a period of nine years being 2.9 for France and/ 46 for Eni \d. f Weather Report ] ene Steerer ‘Temperature at 7 a. m. 51 a ee ‘Poisoning | SIDE GLANCES - - - - By George Clark ! MACS Tame | Pe NAA SERVICE Nae as Mr OFF The fastest car on the road. SOLDIER'S MOTHER HEIR, THOUGH DEAD Estate Is Declared Entitled to Share in Proceeds of San't War Risk Insurance n_ inspected, iwith R. C. Hastings, chief inspect to] ‘ ‘STATE WILL FIGHT tion by the railroads was When a man dies leaving no estate other than war risk insurance the estate should be divided among his heirs as they existed at the time of! the man’s death, the supreme court has ruled in the case of the estate of Wilbur G. Root vs. R. D. Childs as the administrator of the estate of Irenc G. Root, appealed from Foster county. Young Root died in service, and monthly payments of his insurance were paid to his mother, as provided | in the policy. His mother, however, died before all the installments were paid, and his father, who had been divoreed from Mrs. Root. claimed the balance of the money duc from the government. The administrator of Mrs. Root’: estate contended that her cstate w entitled to share in the remainder of the proceeds of the policy. This view was upheld by the district court, and now by the supreme court. ' In the case of George H. Funk vs. Heinrich Luithle as administrator of the estate of Elizabeth Metzger the supreme court held that the proceeds of war risk insurance policies nay be attached to pay the debts of the bene- ficiary. The law provides that they are cx- empt from attachment to pay debts of the insured, but after the money tions on Ground of Exces- sive Cost to N. D. | Dakota into zones for the purpose large amount of money annually, for the state railroad board. would, tially increase the present rates and from North Dakota.” ficiary it has the same status as other money. Punk sought to collect a debt from the estate of Mrs. Metzger, which consisted solely of unpaid installments of insurance due *--nuse of the death of her soldier son. Rail Agents Asked at Washington from October 21 to inclusive. ably high, and that traffic and trai throughout North Dakota be instruct- ed to cooperate with potato shinpors with a view to making the state po: tato inspection law efiective, nas veea| directed by the state railroad board to the railroads of the state. The law provides that railroad agents shall indicate on the bill of and operated by F. H. Etter, to be in operation by Oct. 1. | OUTOUR WAY You CN ALWAYS TELL TH SINGLE GUY ON PAYDAY. THEY RvusH HOME SO THEY C'N GET OUT AN' SPEND ARWER MONEY. Highest yesterday + 82 Lowest last night » 50 Precipitation to 7 a. - 0 Highest_wind velocity .. 10 Temperature eid ss Stations g Gs 28 3 8 ig 3 Ee rad 86 48 — Clear 82 50 Clear B1 43 Clear we 48 Clear 16 43 Clear 80 48 Clear + 8 49 Clear 718 49 Clear 83 44 Clear 19 48 Clear 85 46 Clear 82 41 Clear 79 51 Clear a 40 Clear 85 49 Clear 82 52 Clear 89 42 Clear 84 53 Clear 81 41 Clear 89 47 — Clear 4 46 — PtCldy 80 41 — Clear 7 43 — Cleer 8 49 — Clear 82 46 — Clear 8 44 — Clear & 4 — PtCldy MPLOYEES TRANCE lading for each carload of potatoes | rade as shown by the inspector's | tificate, and, if the car has not the bill of lading carry the statement “potatoes lof potato grades at the state agricul- tural college, at whose suggestion co- ZONING OF RATES State Board Preparing Excep- ‘The general effect of the proposal by an examincr for the interstate | commerce commission to divide North fixing interstate class freight rates would cost shippers of fhe state a cording to a study by traffic experts ‘The report suggests a plan for mak- ing interterritorial rates and rates from points east of Chicago, which in a few instances, reduce rates in western North Dakota. The general effect of the examiner's pro- posal, however, would be to “substan- fi The railroad board is preparing a ist of exceptions to the report of the comes into the hands of the bene-| examiner, and will appear before the interstate commerce commission when the case comes on for oral argument The board will contend that rail- roads serving this state are prosperous and do not need additional revenue, that the proposed rates are unreason- portation conditions do not justify To Aid in Tagging of |& division of the state for rate-making Potato Inspection | ?""** WIMBLEDO 'T SOLD Requests that railroad agents Wimbledon, N. D., Aug. 17.—Sale of the local electric light plant, owned Otter Tail Power company, has been announced. The company will oper- ate the plant until a high line from | Courtenay can be completed, and it is expected that the new system will TH’ MARMED DUCKS THE BISMARCK TRIBUNE, SATURDAY, AUGUST 17, 1920 Conviction Ordered Retried on CANADIAN FARMERS COMING ON TOUR 10 Inspection to Be Made of N. W. Agriculturist Managers’ Properties 3 Days methods of making a success of the business of farming are being sought will leave Fargo next Monday for a three-day tour of some of the best farms in North Dakota. Members of the group are particu- larly interested in farm management systems, methods of obtaining Jow production costs, marketing methods, labor saving devices, the proportions of livestock to crops, weed control practices, fencing and farm equip- ment and buildings, according to Cap E. Miller, of the state agricultural college, who has made arrangements for the tour. Virtually all ef the farms to be in- spected will be those owned or cper- ated by members of the Northwest Farm Managers association of which Miller is the active head. Included in the list are the farms of Joe Runck, Walter Reed and Robert Reed and numerous farms near Casselton, Amenia and Page, Cass county; the Dwight farms, near Dwight; the |Baldwin farms, near Ellendale; the |W. B. DeNault, R. R. Wolfer and Fred Wolfer farms, near Jamestown; the |Howard Maher farms at Devils Lake, and the Elk Valley and Jake Eastgate farms near Larimore. The list of visitors includes T. A. Crerar, president and general man- ager, United Grain Growers; W. C. McKillican, dean of the Manitoba ag- ricultural college; C. C. Ferguson and C. E. Trimmer, general manager and assistant treasurer, respectively, Great West Life Assurance compan; W. M. Wallace, secretary, Confeder: tion Life association; T. O. F. Her- zer, manager, Canadian Colonization ‘association; E. H. Bennett, attorney for the colonization association and }loaning orgnization of western Can- tor | Te- STUDY N.D, METHODS t Fargo, N. D., Aug. 17.—(%) —New by a group of nine Canadians who |.,, ACROSS 1. Enraged 4 Solution of Ye ONLI lala lolgy in (cig! FIRST EY. |ELICAL CHURCH Seventh Street and Rosser Avenue. Ira E. Herzberg, Pastor. worship. Theme, 00—Sunday school for all de- partments. 00—Evening worship. Subject, i¢ Baptism of Fire.” Wednesday, 8 p.m., prayer service. | 44. Pat on new tops FIRST CHURCH OF CHRIST 47. Gentle SCIENTIST 48 O14 oaths Corner Fourth and Avenue C, witehit 4% Zrtaose Sunday service at 11:00 a. m. dice Seay eee epee bject: “SOUL.” inday school at 9:45 a. m. Wednesday evening testimonial meeting at 8 o'clock. A reading room is open in the church building every Tuesday, Thursday and Saturday, except legal holidays, from 2 to 4 p. m. GOSPEL TABERNACLE (Pentecostal-Evangelical) Eleventh Street and Rosser Avenue. Marvin C. Miller, Pastor. Services for the week as follows: Sunday, Aug. 18.—Sunday school at 1:45 p.m. Classes for everyone. After- noon service at 3. Evening service at 8. This will be strictly evangelistic No service will be held Wednesda: Friday evening at 8, young people's meeting and Bible study. The orchestra will assist in all song services. Special songs and choruses. FIRST LUTHERAN CHURCH (Augustana Synod) Seventh Strect and Avenue D. Rev. A. J. Malmquist, Pastor. 9:30 a.m.—Sunday school. Bible ; class and classes for all grades. C. C. Larsen, superintendent. 10:30 a.m. Divine services in Eng- lish. At 3 p.m. the Woman's Missionary society will give a program, in the church. The church choir Will sing, and talks on the subject of missions 38 Ch oh Greck’ letter ada; A. M. Phair, Imperial Life com- pany, and A. F. Love, secretary-treas- urer, Canada Colonization associa- tion. Job Seekers Waste Time Trying Board Of Administration Persons seeking jobs at various state institutions usually waste their time by applying to the state board of administration, according to mem- bers of that body. ‘Under the rules of the board, it has no jurisdiction over employment at any state institution. It fixes the sal- aries for various jobs and must ap- prove ail increase or other changes, but the selection of personnel is wholly in the hands of the institution- al head. Many job hunters, who assumed that the board managed all institu- tions down to the last detail, have been surprised to learn of this fact. of ace New Butter, Eggs Poultry Rates Go in Effect October 15 New rates on butter, eggs and dressed poultry shipped from. North and South Dakota to Duluth and Chicago will become effectiye October 15, according to information received by the state railroad board. The new rates are slightly higher for distance up to 650 miles than those now in ef- fect but are lower than those in ef- fect prior to the ‘time the present rates became effective. The interstate commerce commis- to 25, ns- first protested that rates were unrca- sonably high. THREE BIRTHS IN SULY Carrington, N. D., Aug. 17.—Only the health department. By Williams NO, YOU DONT see RUSHIN' HOME T" SPEND THER HARD- EARNED PAY LIKE, THAT. “THEY, CONT HAVE TO -1TS ALL SPENT BEFORE YOU GIT THERE, sion has issued three rulings in this case since 1924, when the shippers ‘three births were registered in Foster county during the month of July, it] 9, is shown in the report of the state will be given by members of the so- ciety and others. 8 p.m.—Vesper services in English. ZION LUTHERAN CHURCH (Missouri Synod) Fourth Street at Avenue A. J. V. Richert, Pastor. Services for the twelfth Sunday} after Trinity: 10:30 a. (German). 2:30 p. m.—The pastor will preach at Baldwin. No evening services during the month of August. The morning services will be al- jternated in the English and German | languages. {| All classes for Sunday school will be resumed with the’ first Sunday in September, TRINITY LISH LUTHERAN Avenue C at Seventh Opie S. Rindahl, Pastor. Church school, 9 a. m. Morning worship, 10 a. m. Evening service, 8 p. m. Mr. Gerald Renaas will have charge of the evening services, He will give an illustrated lecture on Palestine, supplemented by moving pictures taken in the Holy Land. No admission charge will be made. Thi lecture comes to us under the ai pices of the Sund: of the offering wii u @, IA THIS HAS HAPPENED MOLLY BURNHAM, young and lovely playwright, receives report- ers in her suite at the Plaza. The m.—Morning _ service ’ rows.” It was an exciting and tumultuous night for Molly—be- Delphine and followed ie,” by a violent scene with her disap- proving mother. After that, came a party. Then Molly spent a few hours with her father, who had school. A pi go into its trea: ry. The church council meets Monday evening for its regular session. Saturday morning, September 7, the new confirmation class will be enrolled, The Sunday school Rally Day has been set for September 8. METHODIST EPISCOPAL CHURCH Walter E. Vater, Pastor. Morning service, 10:30 a. m. Organ prelude, “From My Cabin Window,” (Lieurance) Miss Ruth Rowley. Anthem, “Swell the Anthem,” Ad- ms, Offertory, “The Wayside Chapel,” Wilson, Solo, Selected, Mr. and Mrs. W. J. Targart. Sermon, “God's Pleasure,” Walter Vater. Organ prelude, sohn, 12:00 noon, Sunday school. Classes for all ages. Evening worship, 8:00 p. m, Organ prelude in E flat, Anthem, “Sunset Hours,” Wilson, Organ offertory, “Cantilene,” Du- The .following story, typical of many, appeared that afternoon on the front page of a New York eve- march, Mendcls- 1s, Anthem, “Praise Y Gane” ‘raise Ye the Father,’ Sermon, “Almost a i Walter E. Vater, Shaletians Organ prelude, march, Lachner, i wick HEE E ff Ez & &g g g i i i OWA Aw PlEiTIRIO} ISICIOINENA|S[ClOlTMENIe /AlR| 27 Set lOlQlolRig Mis TAIT /e iL ly! isiTis} elviel AINING. EARLY An Principle of Ignorance ° | Daily Cross-word Puzzle eterday’s Puzzle 9% Place 10. Notice 18, Performing 18, Roost Olt [e/a whit 24, Footiixe part 2h. Writing fluid 22. Anger 3. Ange! £8. Obtain knowl. dge through 30. Rivert Spanish 82. Cotton fabric 84, Foolish onst sli pon for eens of ow: E Sete & Gracious 4. Pronot a or e name a ‘2 8. BI sured her. “But you'll have other irons in the fire now.” Her mail came up shortly, a great bundle of it. And presently she knew would guarantee the sale of 100,000 copies. A well-known typewriter firm wrote that they are sending her a £45587 HE ‘t know a famous lady like see. Son Wo go anywhere with “I i E i g ard Wells, what are you talking “Ob, gosh, Molly, haven't you made nme ck Of Bie Mane peNRh?” “T've just seen the afternoon he told her. “But I don’t know what you're talk- ‘ichen you aida’ mean to let It out : toon?” ‘he en: questioned. “Your en- 2 hed | declared Rita. But she was overjoyed the line. What should she say to him? What must he think of her? . “Molly, this is Red. What's it all about, Molly?” “Oh, Red, it’s terrible! They say we're engaged!” “Yeah, I know. The office had a it Red I never said so. You know I didn't. How could I? I've just this second seen the papers, Heavens, I don't know what to do! I'm all upset. I phoned Jack a min- ute ago, and he’s furious. He shut off. Oh my goodness, Red, this is terrible!” “But Molly you must have said something! They don’t make things up out of whole cloth. They have to have something to go on.” “But I didn’t Red! Honestly 1 “Well, what are you going to dc about it? They're trying oy get me to say somet . Naturally I can't deny it. Not when it looks as if you'd announced it.” Molly's voice hardened, and she bristled defensively. “You needn't act so darn insulted, George “Molly, it’s not that. better than that.” “You act,” she informed him icily, if I'd simply ruined your reputa- tion. Well, you needn't worry. I wouldn't marry you, Red, if you were the last man on earth.” eee “I know it, Molly,” he acknowledged humbly. “But you don’t understand how things are, girlie. Listen—I'm writing you now. I'll get it on the air mail. You'll have it first thing in the morning. Will you get those news hounds to lay off, till you've heard from me? It means a lot to me, dear.” “I don't know what you're talking about,” she declared, mystified. “But I'll deny the engagement over the it will make you feel any ter.’ ‘Don’t do anything” he besought, intil you get my letter. I can't talk over the phone. “All right,” she promised. There were reporters in the lobby, waiting for her. But she sailed by them frigidly. “I've nothing to say,” she an- nounced coolly. “I was misquoted this morning, and I shall not give ‘py more interviews of a personal | ‘ iG Sf You know { : ure. ‘Mr. Durbin says your fiance's name Wells,” broke in one of the men. ‘Do you wish to deny the rumor of your engagement to Mr. Flynn?” "ll not deny anything.’ ._“Then you are engaged to Mr. "oly lolly colored angrily, She knew their methods so well. “Please,” she begged them. “We're all newspaper people. Can't you lay off for a little while? I'll give you all the stories you want about the play. And maybe I can giye you a romance story later. But now. And please don't deny anything. Just kill it.” “Will you pose for some more pic- tures?” they clamored. “If you'll promise to do as I ask,” she bargained. Pe. ‘They went back to her room, and Molly put on various hats for them. remarked a girl. “I suppose you get all your frocks in Paris, Miss Burn- Molly laughed. “I've never been to Paris, or any- where,” she declared. And then, her eyes sparkling, she cried, “But I'm going!” She'd run away, she decided im- . “And I've been working so hard, I really need a rest. Besides, when I come back, they'll all be glad to see me—mother and Jack everybody. And that afternoon she made res- ervations to sail for Naples on the Conte Biancamane. The next day Red's letter came. And also a note for the dean at college, who had advised her not to try to combine marriage with a ca- reer. The dean wondered politely if Miss Burnham would be kind enough to return for commencement, to speak to the graduating class. There was a letter, too, from Rita, begging Molly to go to see her. Rita ‘was ill, and worried. She hadn't been herself since the baby was born. Be- » 4 | Sides, Molly had never seen her littlc daughter. She was the loveliest baby in the world. Having a child was quite as satisfying as having a carecr, for Molly, and so proud of her suc- cess. “I'll run up to Boston to visit Rita and go to commencement,” decided Molly. “There'll be plenty of time before I sail.” She had saved Red's letter until the last. Now she opened it slowly, fearful bay it might tell her. ued) Bucyrus War Veteran . Dies of Heart Attack x. A?) i 5 h i ip it | 5 5 i E i H —. a4