The Bismarck Tribune Newspaper, December 17, 1930, Page 1

7 ial 4 af | | | t \ { & North ‘Dakota's Oldest Newspaper THE BISMARCK TRIBUNE The Weather Partly cloudy tonight and Thursday. No decided change in temperature. ESTABLISHED 1873 Nab N. D. Sheriff for Holdu BISMARCK, NORTH DAKOTA, WEDNESDAY, DECEMBER 17, 1930 Federal Judge Declares Prohibition Invalid RULES RATIIGATION OF DRY AMENDMENT NOT CONSTITUTIONAL; Says State Conventions Rather Than Legislatures Should Have Voted LIVELY INTEREST EVINCED Leaders Express Varied Opin- ions About Judge William Clark's Ruling Washington, Dec. 17.—(?)—Wash: ington today evinced a lively interest in the ruling of Federal Judge Wil- liam Clark, of New Jersey, declaring the eighteenth amendment invalid. From the drys there came predic- tions the decision would be reversed, in which they were joined to a cer- tain extent by opponents of the na- tional law. Senator Sheppard, a co-author of the amendment, termed Judge a foe of. prohibit “see no real reason why the supreme court should not now invalidate the eighteenth amendment,” but added he thought: it improbable that this would be done “at this late day.” Attorney General Silent Attorney General Mitchell and other officials of the justice depart- , ment declined to comment officially. * Informally it was learned, however, High Court to Get ‘Immediate Appeal’ ‘Washington, Dec. 17.—(7)—An. “immediate appeal” to the su- preme court from the decision by Judge Clark in New Jersey yes- terday declaring the 18th amend- sistant probibition director, ‘and other officials. The justice department an- nounced that “at the proper time,” the supreme court will be requested to set the case down for early argument. the department holds the status of prohibition can not be affected until the supreme court has acted. Senator Watson, the Republican leader, thought the decision “not” well Representative Hudson, Republican, PRICE FIVE CENTS up JOHN GATES, SIOUX COUNTY, IPLICATED Lawrence Morck Faces Life Imprisonment] NHiSuDUS )” Eligible Again ‘ FIFI D'ORSAY Hollywood, Calif., Dec. 17.—(P)— Psterind film actress, Fifi D’Orsay, 10 AID LEGION IN GIVING OUT GOODS Respanse to Appeals f to“Appeals for Dona- tions Exceeds Expectation, Says Chairman Milton Rue, chairman of the Amer- PUBLIC IS ASKED |= REVOLT SIGNALED BY KING'S APPEARANCE Alfonso “Leneee Pita Palace First Time in Several Days for Public Affair MANY OF REVOLTERS IN JAIL General Damaso Berenguer, Premier, Worn by Days and Nights of Care Madrid, Dec. 17.47)—For the first time since revolution put Spain un- der martial law, King Alfonso came out of his palace today and drove in an open carriage to the church of fe serio | CONSIDERATI ican League’s “Open Your Heart” Clalist campaign( today asked the assistance of the public in the judicious distri- bution of the large stock of goods on hand at the headquarters. “The. generosity of the public in contributing to this movement has exceeded even our expectations,” Rue said. “We now have a good stock of things necessary to every household and we want to place it where it will do the most good as we have promis- ed the public to do. “Persons knowing of anyone in need. and who can make good use of this material are invited to call us give us their names. Overseers of the poor Michigan, a tionist, said he could see “no it to it, nor any (Continued on page seven) SEPTIC SORE THROAT HITS CANADIAN TOWN Five Deaths Result, 300 Affect- ed; Unpasteurized Milk Is Cause it at we tet Hd 2 throughout Burleigh county and oth- ers interested in making Christmas merry for the unfortunate also are invited to cooperate with us in seeing organized, they said, and the first outbreak was to have taken Place by Monday morning. It was to have been accomplished Without bloodshed and there was to have been a general strike simul- (Continued on page seven) SINCLAIR RAPS ARMY TRAINING IN SCHOOLS that the articles are placed in worth- while hands. “We still are receiving contribu- tions but the response to date has been so satisfactory we will not stress r.” ‘The campaign headquarters will be Sunday, Rue said, and will be on the day of December 24 un- . m. The Legion's effort will that time and all remaining be turned over to the Red the Salvation Army. The ’ na i f a pe | North Dakotan Introduces Bill Withdrawing Financial Aid for Program Washington, Dec. 17.—()—Repre- sentative Sinclair, pereiicen, f North Dakota, Young McCormick Is Northwest Manager For Father’s Firm Depart for Oregon They're Massachusetts’ first woman Jurists, (right), present assistant attorney general, has been appointed by Governor |eaid that he would sentence the Bur- Frank G. Allen a special judge in the Malden district court. Mrs. Sadie|leigh county farmer at 10:30 o'clock, Tr gchulman eft), Sai sieerinita Ge Ot ee has been| Friday morning. named special justice in the district court of Dorchester. STATEMEN SENATE GROUP WILL DELAY WORLD COURT Forestalls Any Chance of Issue Taking Up Time in Short Session ‘Washington, Dec. 17.—(#)—The sen- ate foreign relations committee today voted to defer consideration of the world court until next December. The vote was 10 to nine. Senator Reed, Republican, Penn- sylvania, made the motion to postpone consideration. Republicans, includ- ing friend and foe of the court, join- ed him almost solidly. Democrats voted unitedly against the postpone- ment. Chairman Borah, of the committee, an opponent of the court, and Sena- tor Gillett, Massachusetts, an advo- cate were the only Republicans to vote against deferment. By this move, the Republicans forestalled any chance of. the court | ng. issue becoming involved in this short session. They feared its discussion might lead to an extra session. I was agreed there was no opportunity ®/to vote on the court at this session . | Which ends March 4. ‘The committe decided to hear Elihu Root, former secretary of state, who helped to draft the revised statutes of the world court which were modi- fied in an effort to bring about an agreement among the other powers and the United States on the sen- ate’s reservation. Hearing for Raleigh Man Postponed Again) «tote wolle for years Td Helena, Mont., Dec Dec, 17.—(7)}—The <.2|SHEPARD TESTIFIES EARLY TS INACCURATE Army Officer Declares on Stand That His Wife Did Not Love Him ‘Bansab City, Kas, Dec. 17 —)— Major Charles A. Shepard testified on oross-examination today at his trial for the alleged poison murder of his wife that Mrs. Shepard had ceased to love him and that his pur- ported statement to the contrary made to federal agents at Denver last spring was an “inaccuracy.” The prosecution, which charges Mrs, Zenana Poisoned ard at Fort Riley, Kans. a year and & half ago so he might be free to marry Miss Grace Brandon, young stenographer of San Antonio, Tex., continued its efforts to show discrep- ancies between the statement and his testimony. Not Officers’ Business Shepard testified that he realized at the time there were inaccuracies in the statement taken at Denver where he was arrested, but reiterated he considered the matter “none of the ofifcers’ business.” “You say your wife didn’t love you?” District Attorney Sardius M. Brewster asked soon after Shepard resumed the witness stand this morn- “Bhe told me so,” Shepard replied. Brewster then called attention to it | the statement made in Denver, in which Shepard was asked whether + his wife loved him and he was quoted as replying, “Absolutely.” “This,” Major Shepard responded, “was another of several inaccuracies.” On Stand Over Hour ‘The army medical officer left the stand after about an hour of ques- tioning. Shepard was asked to explain why he had not used a stomach pump on Mrs. Shepard when she was stricken with Se ral illness. & confirmed al- not consider at the time,” Shepard said. “You knew if mercury wasleft alone | 48y. in the stomach 20 minutes nothing could be done to save her?” Brewster continued. “T have told you,” Shepard replied. symptoms of mercurial of] “she had no written authorities at Butte he| was the direc- believed he was wanted for Choliga’s| tors of the Great Nc killing. Developments later indicated | at a meeting here. The dividend will Kope was suffering from hallucina-| be paid Feb. 2, to stockh of tions. record Dec. 29. & SPARE OF SPAS ([_nemstir Wome tems 14ST -DOGREE MURDER VERDICT BROUGHT IN BY BURLEIGH JURORS Sterling Farmer Found Guilty of Murdering Henry C. Ste- phan September 13 APPEAL BEING CONSIDERED Must Leave Wife and Six Chil- dren, Who Are Suffering From Poverty Lawrence Morck, convicted of first degree murder last night, today faced the prospect of spending the rest of his days in the state penitentiary. A Burleigh county jury, after de- liberating from 3 p. m. to 8:46 p. m., found him guilty of murdering Henry C. Stephan near Sterling last Sept. 15. Mrs, Emma Fall Schofield) Judge R. G. McFarland, Jamestown, Life Sentence Under the statutes of the state of North Dakota, a life sentence is man- datory in cases of first degree mur- der. Alfred Zuger, who acted as one of the attorneys for the defense, an- nounced this morning that it had not been definitely decided whether or not an appeal would be made. He said that Morck was in a highly nerv- jous condition and that the strain of the trial left him in a dazed condi- tion. When Lynn Sperry, foreman of the jury, announced the emotion. His appearance is in marked contrast to what it was on the day of his apprehension when his face was ruddy and weather-beaten. Was Victim’s Tenant Stephan was shot to death while attempting to settle a money matter with Morck, his tenant. When ar- rested, Morck is alleged to have ad- ‘mitted the shooting and to have sig- - |nified his willingness to accept pun- ishment. During the trial, however, he denied the statements and testi- fied that his mind wes ceffused and that the shooting was accidental. A month previous to the trial Morck was subjected to an examina- tion by physicians, who pronounced him sane. At the time of his arrest Morck was virtually penniless and his wife and (Continued on page seven) LINDSEY CASE IS DROPPED IN COURT Companionate Marriage Cham- pion Rebuked as Complaint Is Withdrawn New York, Dec. 17.—(7)—A charge of disorderly conduct against former Judge Ben Lindsey was dismissed to- ey es by meas Dreyer. court dismissed the complaint ee out by a police officer charg- ing the Denver jurist with interfer- ing with a religious ceremony when he interrupted Bishop William T. Manning's assault on companionate marriage in the Cathedral of St. John the Divine a week ago last Sun- ‘Then Magistrate Dreyer ordered a new complaint drawn to be signed by ®@ representative of the church, and when nobody came forwerd to sign it, he threw the case out of court. He rebuked Lindsey, however, in dropping the charge. ‘Bone Dry’ Plank Is Dropped by Liberals Toronto, Dec. 17.—(7)—The Liberal party of Ontario voted in convention today to remove from its platform a Plank favoring bone-dry prohibition of liquor sales. The plank has been part of the platform for more than @ decade. The Conservative party, now in power, stands for government con- trol and sale of liquor. McLean County Man Dies from Injuries 36, meen county farmer, died here yesterda: Mr. Lee had been in ill health for over @ year as a result of injuries sustained when he fell from @ wagon, injuring his spine. He submitted to ‘an operation at that time and has been an invalid since. A recurrence of this same trouble is believed to have brought on his death. \ He leaves a wife and a 10-year-old daughter, Zella Anne. Puneral services will be held in Washburn Friday at 2 p.m. Com- plete arrangements have not been| pany mada, a ee Commission Head | pitied nce OL Newly elected chairman of the Inter- state Commerce Commission is Ezra Brainerd Jr., above. He has been named as successor to Frank McMan- amy. Brainerd was appointed to the commission by ee Coolidge in PRESIDENT PALM'S. REGIME STOPPED BY GUATEMALA REVOLT General Manuel Orellana Has Been Designated as Provi- sional President Washington, Dec. 17—(7)—Minis- ter Reinos of Guatemala was notified by message from his country today that the government of President Palma had been overthrown. The message received was signed by Rodriguez Beteta, secretary gen- eral of the military Junta described as now in control of the government. ‘The message said General Mauro de Leon, former minister of war, was Killed in the fighting yesterday and iad tranquillity prevailed there to- y. General Maneul Orellana, a well- known military leader, has been designated as provisional president of the republic, Private radio dispatches received during the night in Mexico City from Guatemala City said a revolt broke out in the latter place at 4 p. m. yes- terday, with considerable heavy fir- ing in the streets an hour later. ‘The Guatemalan ambassador in Mexico City said he had no report of a revolt, but members of the em- bassy pointed out that for some time there had been a strong opposition to the government of General Lazaro Chacon, who was forced to retire from the presidency last Friday when he suffered a cerebral hemorrhage. The government of the United States yesterday gave formal recogni- tion to Baudillo Palma as president of Guatemala. Baudillo last Friday notified President Hoover of his suc- cession to General Private advices received in New York today from Guatemala said a provisional government has been set up there with General Manuel Orel- Jana as provisional president. Linton Youth Elected U Seniors’ President Grand Forks, N. D., Dec. 17.—(P)— Thomas Barger, Linton, yesterday de- feated Glenn Jarrett, Grand Forks, for the presidency of the senior class in the most closely contested class election ever held at the University of North Dakota. Gordon Dabilow, Thief River Falls, Minn., was elected sophomore class President, and the contest between Mary Kent, Grand Forks, and Glenna Everson, Grafton, for junior class president resulted in a tie. Another election will be held Friday to decide between the two. The freshman class does not elect @ president. LC. C. Examiner Will Support N. P. Branch Glendive, Mont., Dec. 17.—(7)—An- nouncing he would recommend that the Northern Pacific Railway com- pany be granted its petition to build @ 24-mile feeder line from Woodrow to Bloomfield in Dawson county, Ex- aminer A. G. Hegerty of the inter- state commerce commission last night closed a two-day hearing here on the matter. Hagerty said he based his decision on the belief that public necessity demands further development of the rich Bloomfield region. He said he also believes the Northern Pacific deserves the added traffic in return for its sustained development pro- by the commission they will start construction work next spring. ‘The Great Northern Railway com- opposed construction.of the feeder Jina, ‘ Deputy Joe Wicks and Two Oth- er Fort Yates Men Face Charge by State Men WOMAN SIGNS AFFIDAVIT Group Also Is Accused of Being Connected With Bank Robs bery at Sanish Four Sioux county men, including Sheriff John Gates and Deputy Sheriff Joe Wicks, were under ar- rest in Mandan today charged with robbing the Farmers and Merchants State bank at Hurdsfield last Aug. 14, The two being held in addition to Gates and Wicks were listed as Ken- neth McDonald and A. R. Nord, Fort Yates. The latter is an insurance agent and is sald to be an ex-convict. The four men were taken into cus- today Tuesday afternoon in Sioux county and were grilled all night and this morning by officials of the state criminal identification bureau, War- den Claude Turner, and Morton and Wells county officials. The Farm- ers and Merchants bank at Hurds- field, Wells county, was robbed about 2:30 o'clock Thursday afternoon, Aug. 14. Four men were involved and ap- Proximately $2,160 was taken, Woman Gives Clue About a week ago Deputy Sheriff Wicks, somewhat known as an ama- teur pugilist, came to Mandan and it is alleged became intoxicated at a “beer joint.” He got into a quarrel with his lady friend, whose name is withheld temporarily by officials, and knocked her out with a blow of his fist. When the woman regained consciousness, she is said to have sat up and exclaimed: “You dirty bank robber, I'll get you for that.” Wicks is said to have replied, “Shut your damn face. If you ever mene tion that again, I'll kill you.” This conversation, together several like remarks, was over! by @ certain undercover state eme Ploye. Morton county officials were told of the remarks. The woman ine volved was questioned and finally signed affidavits telling of her knowl- edge of the case. Sheriff A. F. Belcher and Deputy Sheriff George E. Kunkel, of Wells county, Gunder Osjord, head of the state bureau of criminal identifica- tion and apprehension, and Warden Turner were summoned to Mandéan by Sheriff H. R. Handtmann, of Mor- ton county and the party went to Sioux county yesterday. There they took Sheriff Gates, his deputy, (Continued on page seven) SEEK MURDERER OF MISSOURI TEACHER Nude Body of 19-Year-Old Girl, Attacked and Beaten, Found In School Marysville, Mo, Dec. 17.—(P}~ Aroused by the of bloodhounds sought he unidentified assailant today. The nude body of the girl, besten about the head, was discovered at dusk by T. H. Thompson, at whose tomed time.