The Bismarck Tribune Newspaper, September 10, 1929, Page 7

* » * . Ri : bs © te é i. & ¢ & a. | - < 4 & UNDER ADVISEMENT Cameron Claims Evidence Of-| behind him and told him to hurry. fered by Witnesses Was Prejudicial to Defendant ‘That Raymond E. Potter, if granted a new trial, might plead guilty to some charge less than first degree murder in order to save Burle:ch county expense of a third trial was intimated by his counsel in district court this morning. Potter is serving a life sentence in the state penitentiary following his conviction for the first degree murder of Oliver Webb in McLean county district court in July. Charging sev- eral court errors in the trial, his at- torneys have appealed for a new trial. Arguments on the motion were heard this morning by Judge Fred Jansonius, who presided over the trial in which Potter was convicted. Pot- ter's arguments were made by Scott Cameron, Bismarck, and Louis H. Connolly, Mandan, while refutation was made by John Sullivan, who as- sisted George 8. Register, state's at- torney, in the prosecution. Cameron spent considerable time in discussing why the testimony of Mrs. Anne E. Wolfe was prejudicial against the defendant and incompetent. Mrs. Wolfe testified that while Mrs. Pot- ter and her sister were in a Bismarck apartment building the night of the shooting, Potter called at the apart- ment in search of Webb. The state proved that this man could not have been Webb. Cameron argued thai because this man was not Webb, the state could not conclude from the testimony that Potter was motivated in shooting Webb because of the in- cident. Sullivan stated that the mere fact that Potter was looking for Webb might indicate a motive. He argued further that Potter might not have seen the man in the room but might have known a man was there and thought that it was Webb. Sullivan said the testimony was offered merely in a series of various incidents to show that Potter had a motive for the shooting. Cameron stated that Webb and Mrs. Potter did not have any clandestine meetings, that Pot- POTTER APPEAL FOR NEW TRIAL IS TAKEN |< onsen sons jcan get stabbed for the silliest things i coln park drinking fountain last night stood ’ Chicago's Latest- | Fountain Stabber i} . in this town, said Charles McLean ‘with a knife wound in his left arm. McLean was leaning over a Lin- \ quenching his thirst. A man | McLean lifted his head to reply and jthe man stabbed him. The wound proved slight and the stabber escaped. FIVE TAKE EXAMS FOR AIR LICENSES 10 GRADE UP PORTS Inspector Longeway Criticizes City for Slipping Back in Facilities Local and other North Dakota fly- ers were taking tests here, today, to determine their fitness for pilots’ li- censes of three types. ‘The examinations were held at the Prince hotel this forenoon, with fly- ing tests and inspection of planes on the flying field in the afternoon. Four entrants were seated at tables in the hotel sample room when the questionnaire session of the examina- tion began this morning, while a fifth was on the way here. ‘The examinations and inspection are being conducted by F. H. Longe- way, of Minneapolis, representative ‘of the Department of Commerce, with former Great Falls, Montana, resi- dent, his father being ® prominent physician there. He came here from Jamestown this morning. These Taking Tests Taking the examination for trans- Port licenses, the highest type of gov ernment flying credentials are Vin- cent Cavasino and Frank B. Irvine, local flyers. They already hold lim ited commercial licenses for flying on their home base. ‘The limited commercial licenses permit pilots to carry passengers for hire, but they can not leave their |headquarters at Chicago. He is a) ter did not think they were having |home bases to do this. C. E. Clark, secret meetings, and that no evidence {ot ‘Williston, is taking this examina- was offered to show that they had.!tion. He pilots the airplane of Mrs. He said that Mrs. Potter's character was indicted before she had a chance to testify. Cameron argued that the court also erred in accepting the verdict of the - jury despite the fact that the victim's dying statement described the shoot- ing as accidental and in entering . Judgment and passing sentence. With arguments completed at noon, Judge Jansonius took the matter un- der consideration and announced that : he probably would make no ruling be- fore several days. -. Congressman Visits Fort Lincoln by Air On Post Inspection Congressman James W. Frenk of Michigan of the house military af- fairs committee, paid Fort Lincoln an inspection visit Saturday afternoon. Coming in about noon in a Ford trimotor plane, the congressman was the guest of Colonel W. A. Alfonte till about 3 o'clock, when he left for pire ome — flew here from api ty, S. D., where he Fort Meade. oe Shriners to Meet in Minot for Ceremonial Minot, N. D., Sept. 10—A Shrine ceremonial, attracting hundreds of members, will be held in Minot on Oc- tober 18 by Kem temple of Grand Forks. All uniform bodies of Kem will make the trip from Grand Forks to Minot and, with several score of can- didates who are to be taken over the “burning sands,” it is expected that the city will be host to close to 1,000 visitors, - The date was changed from Oct. 25 to bring the ceremonial in line with the Scottish Rite reunion which will be held in Grand Forks Oct. 15, 16 and 17, This will be the second ceremonial of its kind staged in Minot in recent years. The first, held three years ago, Was considered very successful and a large class of candidates was initiated at that time. LW. W.’s Caught:in Police Net at Minot lowing arrival in Minot of a Soo line freight train on which it was said that Bar- L. V. Westby, who flew in with him and Walter Strom, another Williston flyer, this morning, to attend the *x- aminations and of ships. Learn Red Tape of Plane Strom is taking the tests for a pri- vate flying lieense. This wil? permit him to fly anywhere privately, but he can not carry passengers cr ficight. Some airplane owners in the East live in one place and work in another and taxi to their work, just as car owners do. E. M. Canfield, Williston, was due for an examination on me- chanics alon-. Barton Stevens, of Hettinger, and Ed Snyder, of Mott. came in to look the exams over, but did ot enter. | M Snyder recently sold his plane to Harvey Smith, of Hettinger, and a little questioning by Inspector Longe- way revealed that the sale did not strictly comply with the regulations do fully with the departmenj regulations and thus safeguard himself and the What Exams Cover The examination covered air traf- fic rules, airplanes, airplane engines, air commerce lations, meteorol- regul y and navigation, the latter two juded only in the a pEgE | g giving in the stringent fly- eld. Longeway said the De- Commerce puts its moral behind EE g iH 3 : Q aee te THE BISMARCK TRIRUNE_TUESDAY, SEPTEMBER 10, 1929 LAND GRANT DENES RGHT TO MINE COAL ONSTATE PROPERTY, Grant Says ‘Value of Property Must Never Be Diminished,’ According to Byerly North Dakota owns in her own right 336,410 acres of coal land, and the fuel beneath the surface of the property can never be mined unless terms of | the federal land grant of 1862 can be altered. This statement was made today b: W. E. Byerly, state land commissionc: Included in the original coal grat together with lands of other classe was a total of 3,191,463 acres. A phrase | contained in the papers which trans: ferred the property to the state says, s concerns the coal property: “The value of this land mu:t never be diminished.” Strict interpretation of this clause by Mr. Byerly and his predecessors | means that coal can never be taken from these state lands, since it diminish the land's value. Occasicn- ; ally, Mr. Byerly says, applications re- | questing leases on state coal lands are | received, and after explanations hav2 been made to the prospective lessees they are refused. In the state, however, are th: of acres of coal lands that nev " been ‘touched, Mr. Byerly says, an‘ there exists no demand for the leg ing of state coal lands. Federal land; grant coal properties of the state may | be sold for public use, such as air- ports, fair grounds, parks, public roads, schools and churches. Likewise, green trees cannet be cut from lands held by the state and re- ceived in the federal land gr: Byerly says. “Down timbe! may be gathered and put merketable timber exi Dakota, according to Mr. By Cavalier county is 6,000 to 7.000 s from which posts and wood for fuel could be taken, he Counties in the state which embrace | the largest acreages of coal 1: Williams county, 50,000 acr county, 45,000 acre: 38,000 acres; McLean and Me! counties, 30,000 acres each; Mountrail county, 25,000 acres; and Grant coun- ty, 25,000 acres. Supreme Court Starts September Calendar Arguments on appeal before the} North Dakota supreme court began this morning with a calendar consist- ing of 25 cases. It is expecied the session will be completed September 18 or 19, Cases which have been appealed from the district court for Burleigh county are F. F. Burchard versus the state of North Dakota, doing business as the state bonding fund; the Inter- national Elevator company versus I. A. Acker as state tax commissioner; and the state of North Dakota ex rel rice Kaufman versus J. E. Davis and others as members of the boar of administration of North Dakota. Mountain Depression Named ‘Eckener Pass’ San Diego, Calif., Sept. 10—()—A depression in the coast range of mountains east of here, through which the German dirigible Graf Zeppelin flew on its trip from Los Angeles to Lakehurst, today bore the name of Eckener pass, in honor of the commander of the globe-girdling airship. An army plane carrying Major Carl Spatz, army aviator, and Captain Von Arnauld de la Perier, master of the German cruiser Emden, flew above the pass yesterday and dropped a parachute to which the American and 20.| German flags had been attached. This was the ceremony of dedication. High Court Has Cases On Friday, Thirteenth “Friday the Thirteenth,” no doubt, will be an unlucky day for some one in the North Dakota supreme court. It may be F. F. Burchard, those in charge of the state bonding und. Gottlieb W. Kelm, or C. G. Loilan:. These appear as appellants or re- spondents in cases which will be ar- gued before the North Dakota su- preme court that day, reputed to be so unlucky. Burchard’s appeal. it is said, in- volves the shortage of a Divide county school treasurer. An examination of the treasurer's books by the state ex- aminer revealed a large shortage. ‘!aster in this city, but said he planned 2/ geles office of the department's acro- ,|nautics bureau as soon as fhe big , | findings to Washington. ’ Complaining Wife | Ordered to Prim | pumricteheps tat New York, Sept. 10.—(#—It is just as imvortant for a wife to keep her- self attractive as it is for her to keep the house clean, in the cpinion of Jeanette G. Brill, a Brooklvn magis- trate. When Mrs. Bessie Schmierer Soaae GH oi of her husband's atten- | tions in other quarters, the magistrate | | j: Hh i imposed the following senience on the Teese ee oe wneutaced complaint: “Go to the nearest drug| on U. S. No. 2 When Con- ’ . tractors Quit Nov. 10 store, get yourself some rouge, powder and lipstick and make yourself at-! tractive to your husband. PLANE CRASH PROBE FINDINGS UNKNOWN Young to Study Weather and) Flying Conditions Over Western Routes i Tourists rolling over North Dakota's {vast sweep of fertile farming land [next ‘season will motor over important links in the state's highway system which are now under construction and will be completed about Novem- [ber 20. And at the close of the road con- struction season of 1930, two of the state's leading highways, U. 8. No. 10 or the National Parks Highway and U. 8. 81, known as “The Meridian,” will offer the finest of surfaces for the motorist, C. A. Myhre, assistant chief engineer of the state highway department, said today. When contractors pull their crews re completing an investigation into |off the roads about November 10, the wrecking of transcontinental air|much of the highway between Bi trans; s s iner marck and the Montana state line San Francisco on Mount Tayl , | Will be finished with gravel. Remai M., with loss of eight lives. ing will be a stretch beginning seven Major Clarence Young announced | miles west of Mandan and extending he will hold no hearings on the dis- |to a point 10 miles east of Dickinson ; with the exception of four miles al- ready completed, a total of 89 miles; from Southheart to Belfield, 10 miles; and a strip of 12 miles from a point four miles west of Medora to Senti- Los Angeles, Sept. 10.—( Investi- gators of the aeronautics bureau of department of commerce toda to make an_ exhaustive study of weather and flying conditions at all seasons of the year over the western flying routes. His findings in this regard, together with observations he |nel Butte. The total to be completed made at the scene of the wreck, will | ne? ‘ar over this road is 111 miles. be made public in Washington after | ‘The Meridian” will be virtually the department has assembled all of | completed this fall as contractors will its reports. Major Young came herc | leave but a stretch of nine miles, by plane’ from Albuquerque, N. M.,| Fairmount to the South Dakota state Sunday. - R. J. Hazen, sent out by Captain! Walter Parkin, head of the Los An-| Service Builds Our transport was reported missing, is conducting an intensive investigation of the wreck from Albuquerque and Gallup. Hazen also will report his Lieut. George A. Rice, western air express pilot who discovered the FUTURE wreckage on Mount Taylor, has ex-| a eq -sisbatais pressed belief that Pilot J. P. Stowe. | As this agency serves of the City of San Francisco, blinded; you today so does it by a wind and rain storm, made a fice . m= e mistake in wind and altitude caicua-| Duild for the future. As tions, resulting in the storm forcing his ship against the mountainside. “The only possible way the accident could have been avoided, it seems to me,” said Rice, “would have been for the plane to have had more altitude, or to have remained in Albuquerque.” Sterilization of Unfit Is Urged by Congress London, Sept. 10.—(4)—Sterilization of the unfit as a national policy was urged today at a session of the third international congress of the world, league for sexual reform. Dr. Norman Haire, secretary of the congress, and English delegate to the sixth international birth control con- gress in New York in 1925, declared public opinion should be educated so that sterilization of people unfit for parenthood would be as far as poss- ible voluntary. you find in this office up-to-the-minute, cour- teous insurance experts, so will its business steadily increase. INSURANCE Confidence is a price- less asset to any busi- ness. Seeking by honest application of sound in- surance knowledge to win your unreserved confidence is the aim of this agency. Local Agency of The Hartford Fire Insurance Company MURPHY “The Man Who Knows Insurance” 218 Broadway Phone 577 BISMARCK, N. D. 'S folly to suffer long from neu- ritis, neuralgia, or headaches when telicf is swift and sure, with Bayer Aspirin. For 28 years the medical profession has recommended it. It docs not affect the heart, Take it for colds, rheumatism, sciatica, iumbago. Gargle it for a sore throat or tonsilitis. Proven directions for its many uses, in every package. All drug stores have genuine Bayer Aspirin which is readily identified by the name on the box and the Bayer cross on every tablet, GPASPIRIN soi jc acae NOTICE Now Is the Time to Have Your Aerials Installed and Repaired If you are installing a new aerial or re- pairing your old one, we can do it better for you than when it gets colder. You save your roofs by doing it now and get a better. job done. We have competent men for this work, and can render first class work. Bismarck Accessory & Tire Ludvig Quanrad, Prop. PHONE 944 ] ‘TWO MAIN HIGHWAYS \ . i 4 jas Williston. No surfacing has been i done from Tioga to the Montana | state line, with the exception of a {short stretch near Williston. Devel- BE FINISHED IN 1930 cre: on this road, it is expected will begin next year. line, a contract for which will be awarded next season. U. 8. 2, the Teddy Roosevelt high- way, has been surfaced as far west | G. F. PASTOR CALLED | Little Falls, Minn., Sept. 10—()— | Rev. M. A. Hendrickson, Grand Forks, N.D., has accepted a call to the Swedish Lutheran churches of Little Falls, Darling, Freedhem and Parker. He will take charge October 1. Stomach Troubles | Headache and Dizziness If your stomach is sick, you are sick all over. 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Tanlac Hit-and-Run Driver I Caught After Pursuit Oxboro Heath, Minn., Sept. 10—() | of the suers, shattered the —A posse, which pursued by automo- Lerfpinsiy bile, a hit and run driver, today had placed Clarence Osmunson, Delavan, Minn., in jail here. ‘The driver, who said his name was ; Osmunson struck the bicycle on which Douglas Chalmers, 14, Minneapolis, | A was riding. He failed to stop after the lad was hurled to the pavement and | Kellogg pact. suffered scalp lacerations, a automobiles containing about 22 idents of this town, gave chase, 7) A monkey wrench, hurled a window of Osmunson’s car by |and forced him 'to stop when his tires went flat. 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