The Bismarck Tribune Newspaper, November 4, 1929, Page 6

THE BISMARCK TRIBUNE. MONDAY, NOVE MBER 4, 1929 TOON BREAK | ~ POR LIBERTY MADE | BY OHIO PRISONERS, | Alien and Citizen Kin : Fined for Hunting on State Game Refuge Tom and Martin Jahner. cach Mandan cousins, were before Ju: Anton Beer, this morning, on ¢ Ss ar nett on a gam: reservation anc ined $v, to whicn were "TURTLE LAKE CORN | GROWERS TAKE Bic NUMBER OF PRIZES; 21 ' eadea conta of the prosecution ea . ! In addition. Tom Jahner picad Best Specimens Will Be ail ‘Trio oy, Fr From ‘Escape- wuity to violating the law : in the State Corn Show Here This Week was m aliens fined $i rying firearms with cos' on thi Proof’ Cell Block; One " 2°5 Morris was the fea- at the show. © G. A. Lindell, Wash- ney, and Otto Olson, presi- . of the McLean county poultry a Frey, Turtle Lake, acted as at the show and W. 8. Bry- 0 of Turtle Lake, is president } ¢ annual show Family and Friends of Young Naval Officer Puzzled by meebeeerarice | will be entered in the,state corn Bismarck this week, accord- ing to A. L. Norling. McLean county nt who assisted in ents for the affair. Ww. r Turtle Lake. Flint—1. William Orman. , Turtle Lake; 2, John Frey, Turtle | Lake; 3, Steve Murray, Wilton. Mixed Flint—1, William Orman, Turtle Lake; J. G. Overholsier, Butte; 3, Karl Flemmer, Turtle Lake. | Rainbow Flint—1, William Orman, Yellow sho 2 behind calp SPGRETIRY LAM DAYS BUSINESS co iow — JR. Bony wile ton. White Deni—1, John Frey, Lak Turtle R. Dennis, Wilton. stern Dent—1. William Or- man 2, John Frey, 3, Marie Walcker, of Turtle Lake. | Falconer—1, John Frey, 2. William Ovmen, 3, H.R. Croueh, ail of Turtle | Lake Sweet ying he | cl was de~ son. At smail Corn—1, Mrs. W. 8. Bryson, 2, “Jon Frey, both of Turtle Lake. Pop Corn—1, Karl Flemmer, 2, Mrs. her home in| Gus. Johnson, both of Turtle Lake. * for the purpose of | Ten largest ears—John Frey, Tur- f Lieutenant | tie Lake. Ecst single ear—John Frey, Turtle Lake. iggest car—Edward Turtle Lake. Triumph potatoes—1, John Schel-~ 2, Martha Flemmer, 3, Mrs. Gus. mn, all of Turtle Lake. Early Ohio potatoes—1, W. S. Bry- Mrs. John A. Johnson, 3, Jake | . Braun, all of Turtle Lake. “White Unroiaaaeid John Schelske, John A. Flemmer, theutt is that 2 LAORER CONFESSES | ROARING ARTASBAK lie toblved the Jonn Frey, Turtle Lake. | assistance | eds—1, Jonas Thomson, had placed | son, Mercere, en no He endorsed dent Hoover Klein, both sized their bi Mixed patatoes—1, John Scheiske, | . §. Bryson, 3, Edward Flemmer, | market react psychological with purelss of os rear Juxury class feeling the a a Special Prizes : mosily. Rian | Ensilage—Walter Renfrow, Turtle | _ FARM CO-OP PLANNED ge Best bundle corn fodder—W. 8. ion, Ture Lake. Nov. 4. —l. Ji "Of the Wisconsin |“ Boct stalk of com—John Frey, Tur ef agriculture and mar-| 1. Lake. uinced that plans for a large | Ue Lake. thwes: cooperative dairy Mrs. W. J. Clark, 32 a Mrs. ode 9 Day Dies in Grand Forks: Grand Forks, N. D.. Nov. 4—(Pi— *Mrs. W. J. Clark, 32, died in a hos- | pital here Sunday afternoon follow- Cardinal Hayes Given PATAse4e RSRRRAAKAA 42PCPOSSS RASS FOS DASH RAST HOT OrAD SPEesnad Cardinal Catholic primat personal audience by morning. He was radiant as Teter at the cutcome of iis int The audience was held at an un- usually early hour to allow the pontiff more time to hear ihe report on what 45 considered the largest and mo: archdi- | ARMISTICE DAY STORE HOU ne Bismarck-Mandan Credit Bu reau merchants have decided to close es of business during the exercise period Armistice day. That | will be from 10 a. m. until noon, TOO LATE TO CLA CLASSIFY | gas SALE—Gas range connected tb . $15.00, electric May- 23.00, double tub stand, ! 90, kerosene heater. $2.00, kitchen bie, $5.00, art painting pictures’ he Tet | the mother of the “Clark kiddies,” who were featured at the National American Legion convention at Louisville this fall. Born at Barrett, Minn., she moved with her parents to Valley City at the age of 12. Mrs. Clark was mar- ried in 1919 and moved to Grand Forks in 1924. In saainne oe dof Sox StGG sac. mM husband she leaves one dane 5, papal zendarmes rendered! 3. tg Sith etre, ew OF Cll! Joan, 9, Ann, 7, Posey, 5 | eataE cee cs, j 3. Funeral ‘arrangements Bane not CAPABLE HIGH school bor, age 1, | PCC completed. | desires place to work for room and | board. Phone 276. The cardinal w: toon of Swi hile drove around the b: Peter's th Vatican Cits s0-called cot in the courtya: where th ance to; rough the | George W. Buckingham Of Grand Forks Dead sorE4.@—e | arsoozes yegarsere | FOR RENT—A six room modern + house at 706 Fourth street. with hot water heat. Available by the i 15th. Phone 186. George W. Buckingham, former well known local contractor and member | x<OnsCE v0 of the city council here for several years, died today at Crown Point, Ind., according to word received here. Fun- eral services will be conducted here from the First Baptist church on Thursday, the day after the body is expected to arrive from Indiana. A verified n Wheren: the terms and ¢ c=} tain mortgage hereinafter described the non-payment of the two amor- 8 of Sixty-five and $65.00) each, due No- her 13, 1928, and May 18, 1938, in ihe sum of Fiv 38/100 of F Ineide nd Ment invel x : . am Hundred eight) = and Dollare ePreumerernamaeE UST asEe consists of | th ding and ere Hi tio Nelson, hie wit vement iny ers. to the Federal Land Bank of int Paul, a bedy corporate, Le oe of St. Pi County of ee, Dated nish und Deliv Corrugated Metal 1 is] id urleigh Co ovember 18, tin Al of Mort, e 409, will be forecloned The premises in such mortgage | hereinafter described, at the fro abe the Court House. in the Cit Su nish and 1 “Connectini hwnd Insta ipe Culverts, FAN Concrete orcemen| : cemen' now P.3f. on the 2nd day of eel; 15 Cu. Yas. er, 1929, to satisfy the ee aye upon’ such’ mort the 4 of sale, for. said defaulted aindebted Gere. Gale, sale ate be ay i le subje: 2 a on Cast Iron Pipe Cul fo the ‘aforesaid ‘mortgage’ tothe of the aforesaid mort Copies of the Proposal inal 4 i be obtained from the Department State Highways at Bisma: \# ak. Plans and specifientions. are he | file in the Pixision Office of | Bartment of State Iighwass nea at ar ri of ‘Blate Highwars oe ys ra aunt Oi late ways at also at the | Bismarek, N. Dak. and iso AC the | County Auditor in the the project or proj- oneret se Exeayi ition? pt ‘Hana Rail, . The premises such mortwage and wich to satisfy tl the County of Burleigh, North Dakota, and descri jow tute Highways pak. and the offi of Btate Dak... and County Auditor in the eee. the project or pro, ‘Lhe Northeast Quart nt Section Twenty: Ste ship Aone Hundred a at; containing: Sixty (160) were: according to th vey thereof. ‘There will be due on said mortga; at the date of sale for Re! id default stallments and A en Bignt Hundreg Fourtee: coi tory attor 84) at s feen Closure as pi Dated ti ath aoe 19 AND BAN Zuger & Pole ton 2 mre, * be died? 13/6 y 6. All bidders are invited to be present at the opening of the pro- “Phe right i# reserved to re: ny and all proposils, to waive ti nicalitles. or to necent ‘such. ax ny be determi to be for the bext in- terestx of the County and State. | eon Mages aunt, bid on at items contained in the proposal blin bid or bids received for any number of items Jess than thoxe contained In the proposal will be considered ax ir- regular, and d rejected stench. rved to reject to waive tech- uch as miyy be forte more or jovernment sur: best interests sunt ‘on all, items the blank. Any recelved for any. miniber a ose contained in i} eneigered. ~ Be euch. z ‘AY Near Death n escaped this charge. having | n born in this country. Their; — ! (Tribune Special Service) Columbus, rests bs rt en Dak., Nov. 4. aa Ohio penit Bismarck turr ¢ exhibitors won a majority of successful brea over to O. W. Rober of the annual McLean a f t corn show conducted here last lay after bea third. Arth Thysell, of the U. S. Great | condition “I E: mental station, Man- £0 judged the exhibits, Attorney 1 Other | ‘He thinks “Seeks Recogntion : as Smallest Vet is he's the shortest and steweight war veteran in the! y, docs Nicholas Casale eft) | ars, N. J. He's shown talking to Representative Fred Hartley after the country’s youngest congressman had sc@aved for him an affidavit set- ting forth that Casale was only 4 feet 10 inches tall and weighed but 1¢4 pounds when he enlisted in 1918; that he fought in six major battles and was honorabiy discharged while suffering from shell shock. Can you — that, peed LAI INJURED MAN, GIRL STILL UNCONSCIOUS 'Miss Ruth Saxvik and John’ Brazerol Show Slight Im- provement, However Bismarck's two automobile accident victims of last week had not regained complete consciousness in a local hos- pital at 2:30 o'clock this afternoon but both showed slight improvement, ac- cording to attending physicians. John Brazerol, who suffered a frac- dt Decisions of */GRAINMARKETING IN NORTHWEST WILL BE UNITED BY AGENCIES) Eliminate Competition and W Work With Farmers Nation- al Grain Corporation Minneapolis, Nov. 4.—(?)—Steps looking toward unification of all farmer-owned grain marketing agen- cies operating in the northwest were taken today when representatives of the Farmers’ Elevator four states voted to com) the Cooperative Farmer: Grain corporation. The new corpora decided on definitely today by elevator associa- tions of Minnesota, North and South } Dakota and Montana, will eliminate competition between agencies con-! trolled by rival farm organizations in| the northwest. The corporation will/ work in cooperation with and as the northwest agency for the Farmers’) National Grain corporation, the Na- ticnal Marketing agency of the fed-| eral farm board. Representatives of the northwest associations were unanimous in their decision to proceed with organization of the new company after it was ex- plained the new concern will have the approval of the farm board. Speakers at the meeting declared Alexander Legge, chairman of the | {federal farm board, at a conference | 10 days ago in Chicago, approved the! Walsh county, N. D., Hon. C. W./ | not necessary for the court to in- | show, on the cro’s-cxamination of the Butts, judge. | struct the jury regarding the defense | defendant, that after the defendant Affirmed. jof the home, no necessity to retreat, jlearned of the condition of the com- Opinion of the court by Burke,|etc., when such issues are not in the | Ch, J. James Morris, Attorney General, Bismarck, N. D., and T. I. Dahl, | state's attorney, Grafton, N. D., al torneys for plaintiff and respondent. | DePuy, Greenburg & DePuy, Graf- ton, N. D., attorneys for defendant and appellant. i E. O. Kleve, plaintiff and respon- dent -vs.- |The State of North Dakota, doing business as the Bank of North H Dakota, defendant and appel- lant. aintiff, the owner of a warrant {against Mercer county, deposited the same in his bank for collection and credit. ‘The warrant in the usual sociations of | ccurse of business reached the Bank e plans for} of £~.nton for collection and remit- Northwest | tance. The Bank of Stanton accepted the county treasurer’s check drawn on the First National bank of Man- dan and payable to itself in payment of the warrant. It deposited this check for collection and credit with the defendant, its depository and cgr- respondent, and drew a draft on the latter for the amount of the collec- | tion less charges, which it transmit- ted to the forwarder of the warrant. Subsequent to the deposit and credit the Stanton bank was closed as in- solvent. Thereafter defendant col- lected the check. Later when the draft was presented payment was re- fused. The Stanton bank was in- debted to the defendant and de- fendant set off its credit against such | indebtedness and settled with the re- ceiver. Plaintiff filed a claim with the receiver for the amount of the warrant and the claim was allowed as @ preferred claim, but plaintiff has plan for a northwest corporation to function for the board and the na-| tional grain corporation in Minnesota. | the Dakotas and Montana. If carried through to the success | now anticipated, these speakers said, the program wiil unite the orga tion and effort of all farmer-owned | grain marketing agencics operating in | Minneapolis, Duluth-Supcrior, Grand | Forks and other northwest markets. Lieut. Gov. H. E. Covey of South Dakota presided at the conference attended by 36 officers and members | of the elevator asscciations in the| four states. The Farmers Grain Deai-! ers association of North Dakota was not represented and some doubt as to; the position it would take was exe | Pressed by representatives of other groups. \> 4 | | { Supreme Court || oe The State of North Dakota, Plaintifi' and oe lmaarae i Melvin Pantie: Defendant and Ap-| pellant, 1. In a prosecution for rape the fact that the prosecutrix made com- tured skull when struck by a taxi|plaint after the commission of the about 9 a. m. Saturday, was in a {alleged offense, may be shown in evi- remi-conscious condition. Brazerol!dence, but the details of the offense was struck in the head by the side! as related to another by the prosecu- | received nothing on account thereof. | Plaintiff now secks to recover from the defendant. HELD: 1, The Stanton bank was the agent of the plaintiff to collect the war- rant. 2. It was its duty to collect in cash. 3. When collection was made in the form of a check this check was sub- stituted for the warrant and the | piaintiff had the right to claim it as|. his property and follow it as such. 4. When the check was deposited with the defendant and the defendant without notice of plaintiff's rights credited the Stanton bank with the amount thereof, title thereto passed and the relation of debior and credi-- tor resulted. 5. Under the circumstances de- fendant was a holder for value. 6. Defendant was not the agent of the plaintiff for collection of the check, 7. There was no negligence on the part of the defendant in its handling of the item. 8. Defendant had the right with the consent of the receiver to set off the credit of the Stanton bank with it against debts due and owing from the latter to it. (Syllabus) Appeal from the district court of Burleigh county; Hon. Fred Janson- ius, Judge. Action for the recovery of money. From a judgment in favor of the Plaintiff defendant appeals. case and when the court has fully {with reference to the right of self defense. in the testimony and the versions given by the interested parties are but the version given by the com- plaining witness is such which, if true, and battery, the court will not dis- ie the verdict of the jury so find- "tSyllabus by the court.) Appeal from the county court with | increased jurisdiction, Ransom coun- ty, Hon. M. C. Thompson, Judge. Affirmed. Opinion of the court by Burr, J. James Morris, Attorney General. Bismarck, N. D., and Chas. S. torneys for plaintiff and respondent. Hugo P. Remington, of Lisbon, N. Dak., attorney for defendant and ap- Pellant. State of North Dakota, Plaintiff and Respondent, vs. George Anderson, Defendant and Appellant. In an action to determine the pa- ternity of @ child it is competent to {and fairly stated to the jury the law 3. Where there is a sharp conflict: diametrically opposed to each other, . Ego,; bushels of wheat each year. State's Attorney, of Lisbon, N. D., at-| Use 1-3 less than of any other. All mustard contains flat, flavor- less bran —all except Schilling’s! There it is removed — leaving only the rich, aromatic mustard meal and oils. And what a difference Your money back if you don’t like Schilling’s best. plaining witness he transferred his Property, as an admission by act, tending to show a consciousness of lability. Where there is a direct conflict on an issue of fact a judgment om the verdict of the jury will be affirmed. (Syllabus by the court.) Appeal from the district court of Cavalier county, Hon. C. W. Butts, justifies a verdict of guilty of assault | dee. Opinion of the court by Burke, jh. J. Affirmed. J. M. Snowfield, Langdon, N. D., attorney for plaintiff and respondent. Lemke & Weaver, Fargo, N. D., at- | torneys for defendant and appellant. | MILLS MUCH WHEAT Kansas mills seventy-five million This makes one-fifth of the total flour | Produced in the United States. There are stars so distant that their light must travel for 36,000 years be- | fore we see it. Notice to Country Club mem- bers: The annual meeting has been postponed to Tuesday eve- ning, Nov. 19th. Signed by: Board of Directors. Baking Powder 32 Extracts lamp of the taxi. He was running across the street when the mishap occurred. according to passersby. Miss Ruth Saxvix will have been unconscious one week at 6:30 o'clock tonight. The 13-year-old girl was struck last Monday night by an auto- trix are not admissible. In the in-| stant case there was no error in ad- mitting evidence that complaint was made as the details were excluded. 2. The information in a criminal the charge against the defendant, and prosecution is a concise statement of ; Ritchie é& Ployhar, of Valley City, for Reversed. Opinion af the court of Nuessle, J. P. M. Butler, of Bismarck, for ap- Pellant. E. O. Kleve, McClusky. per se, and respondent. « MOTOR VEHICULAR ing an illness of two weeks. She was; Grand Forks, N. D., Nov. 4.—()— | 360. a | Vember 29 to December 6. | fleece of these Nevada sheep aver- mobile driven by John W. Larson. | | She was riding a bicycle. She suffered a broken arm and leg | and has a blood clot on the brain. jit is not error for the trial judge to instructions, when he instructs the jury that “the information is not evi- ;dence, but simply the written charge jof the state, upon which the case is | brought to trial, for the evidence, the \facts, you must get from the wit- nesses upon the stand and the ex- hibits offered and received in evi- dence.” 3. Refusing to admit a letter in evidence after portions of the same relied on by appellant as material, has been read in the presence of the RECORD IS BROKEN \Number of Cars Licensed Is, 12,360 Above All 1928; Col- lections Exceed, Too {ined in relation thereto was not er- ror, as such material portions were jread it to the jury as a basis for his|State of North Dakota, plaintiff and |jury, the witnesses had been exam- | respondent -Vs.- D. W. Keyes, defendant and appel- lant. 1. It is not misconduct on the part of the state's attorney, in his address to the jury, to comment on state- ments made by the defendant as testified to by some witnesses even though the defendant deny the same, so long as the comment is a reason- able and legitimate deduction or in- ference from these statem 2. In a prosecution for assault and battery by the defendant upon his house#eeper in his own home it is in evidence. 4. Under section 9563, “Rape can jonly be accomplished with a female not the wife of the perpetrator.” Non- marriage is a part of the statutory of the crime, and must be alleged in the information and proved at the trial to the satisfaction of the jury beyond ® reasonable doubt, but, like any oth- er fact, it may be proved by facts and circumstances from which the con- clusion of non-marriage may be drawn. 5. The statutes of this state relat- ing to prosecutions for the crime of rape do not require, that the com- Plaining witness be corroborated, and a defendant may be convicted on the unsupported testimony of the com- plaining witness. The credibility of the witnesses, and the guilt or inno- yeence of the defendant are all ques- tions of fact for the jury, and when {there is a direct conflict ir: the evi- dence the verdict of the jury prevails. (Syllabus by the court.) Appeal from the district court of Motor vehidle registrations up to! and including October 31 for this year have exceeded the entire total for 1928. The records of the state bureau show, 160,948 passenger cars licensed, 25,711 trucks and 226 motorcycles, a total of 189,885. In 1928 registrations on passenger cars numbered 152.542, trucks, 21,747 and motoreycles 236. This year, so, far, is therefore ahead of 1928 by 12,- The collections to October 31 were $1,975,408.65, an average of $10.57 per car. In 1928 the collections for the entire year were $1,775,144.95, an average of $10.17 per car. FARGO MAN ON TRIAL St. Paul, Nov. 4.—()—Louis Mc- Nevin, 24, Fargo, went on trial in | district court today on a charge of robbing a filling station of $50 here last May. oH CONVENTION ‘The National 4-H Club Congress 1s; to be held in Chicazo his year, No-! DR. HIBBS, DENTIST ‘CAREFUL GENTLE NOT ROUGH BISHARCE DENTS Cunt Phors 281 Lacas Bids. AND A YARD WIDE There are more than 1.400.000 sheep | on range in Nevada. Production of | *8es about 8 pounds a head. SSS Bladder Irritation If functional Bladder Irritation disturbs your sleep, or causes Burn- ing or Itching Sensation, Backache. Leg Pains, or muscular aches, mak- ‘Don't give up. Cystex today. Put it to the test. See | for yourself how quickly it works and what it docs. Money back if it does- n't bring quick improvement, and satisfy . you com; : TIES CO Typewriters, Pebuitt peenenes °F Flin equipment, nates, Xeontyle nid cators, Sunstrand adding: MKohtnoue Remington cash h_zomiet ers, ek, N. 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Files ; fine steel furniture is just what the business man ani oe And Art Metal all his needs—for both rete and peeenl paces fo ong 4 ee aren ne 4 les... —all are fe the needs of modera business ..in'& de variety of price and line. Geptey of ae Job Printing Dep Bismarck, North Dakota ry OFFICE EQUIPMENT ee are: ee Files