The Bismarck Tribune Newspaper, December 20, 1930, Page 1

North Daota‘’s Oldest Newspaper ESTABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, SATURDAY, DECEMBER 20, 1930 The Weather Partly cloudy tonight and Sunday. No decided change in temperature. PRICE FIVE CENTS es Gates, McDonald Win Freedom Call for New Political Party in State Shepard Poison Murder Case Goes to Jury Today Sound CONVENTION ASKED TO MEET DECEMBER 29 AT JAMESTOWN New Lineup Sought, According to Preliminary Announce- ment by Organization SEEKS TO UNITE G. 0. P. All Progressive Republicans and Voters Are Invited to Attend North Dakota will have a new Re- publican faction if a movement an- nounced today at Jamestown is suc- cessful. In a call for a convention of “all ives of the state” to be held at the Jamestown Armory December 29, H. N. Tucker of Steele, chairman recited in apap to earthed eat organization el officers adopting a program and to transact such other business as may properly come before it. ‘The statement asserts that, at a Acquitted | I Dec. 20.—(7)}—The state has failed to prove vagrancy against Jack Guzik, wealthy gambling house described by police as “the @ jury in Judge Edger Jonas’ nicipal court, but they said they were not in the fight against “public enemies.” “This is just case,” Assistant State's Attorney to | Harry 8. Ditchburne, in charge of the Although Tucker's is the only mentioned in the announcement, po- litical commentators see in the movement a return to activity of forces which disa] from the political scene when the battle be- tween the Nonpartisan League and Independent Voters association swept all other organization's aside. Bitterness Has Gone Asserting that political bitterness has largely disappeared and that “the main fight between these dif- ferent factions seems to be a scram~- bie for public offiee,” the declaration 5 says “many members of the former Progressive Republican ‘League that existed some 15 years ago and was the means of the McKenzie machine in North Da- kota and bringing the government! back to the people, have expressed a wish that this organization might be resurrected, and invite into its fold members of all factions now exist- ing, who are willing to join in a sin- (Continuea on page eleven) FUNERAL HELD FOR JOHN SATTERLUND Rev. G. W. Stewart, Mandan, Conducts Rites for Mc- Lean Veteran Washburn, N. D., Dec. 20.—(AP)— Funeral services were held here this afternoon for John Satterlund, one of McLean county’s earliest and most influential citizens. Satterlund died in Bismarck Wednesday night. Rites were held in the school audi- torium witth Rev. G. W. Stewart of the Presbyterian church at Mandan conducting religious services. The of Bismarck also ici- ited. Interment was le ina local cemetery. Active pallbearers were Fred Jef- feries, Walter K. Williams, A. Archie Nelson, Henry Wahl, Martin Holtan and Hugh McCullough. Honorary pallbearers were John A. Johnson, Painted Woods; George M. Robinson, Coleharbor; P. K. East- man, Wilton; Herman Hanson, Turtle Lake; Eldred Grandin, Underwood; Fred Hoover, George Kugler, Carl Klein, Ole Wing, Nels Herred, Axel Nelson..and August Wahl, all of ‘Washburn. Nodak Cadets Object To Sinclair Measure iy ( re oP i 3 Ae gre § i prosecution, said. “We will k it on working.” ae REPUBLICAN LEADER SPREAD LITERATURE INNEBRASKA BATTLE Robert H. Lucas, Director of National Committee, Ad- mits Charge ‘Washington, Dec. 20.—()—Robert H. Lucas, executive director of the Republican national committee, ac- Inowledged before the senate cam- |paign funds committee today that he jhad ordered literature circulated in ‘Nebraska in the last campaign |against Senator Norris. Lucas said the literature cost $4,237, and was provided at the request of regular Republicans of Nebraska who were apprehensive lest Norris—a Re- publican independent — would be elected. He said the money was a personal contribution, and he wanted to see Norris defeated because he considered him (Norris) a Democrat, in view of his opposition to Coolidge and Hoo- ver. He the printing order with Charles I. Stengle, editor of the Na- tional Farm News, printed locally. It consisted of cartoons on the “wet and dry question,” pamphlets of editorials on Norris, and a reproduction of a letter to Nebraska Democrats by the “Democratic Victory Scouts” asking them to vote for Norris, which had a postscript asking votes for Hitchcock. Lucas said the literature wert into six or eight states, but only the letter and pamphlet went into Nebraska. He denied he had endeavored to in- Ject the religious issue into the cam- paign. Diseased Rabbits Are Stolen from Hospital Pittsburgh, Dec. 20.—()—Physi- staff of St. Margaret's REQUESTS ORNEW BILDNGS DENED ~ BY BUDGET BOARD Only Prospective Structure Is New Power Plant for Graf- ton Institution MAINTENANCE COSTS RISING Recommend More Money for Upkeep; Let New Con- struction Wait Denial of any requests for new buildings by state institutions, with the possible exception of a new pow- er plant for the institute for the feeble minded at Grafton, was recom- mended by the state budget board at its final meeting Friday. Reduction of state expenditures by $835,000 was recommended in a previ- ous report, the cut being in the elim- ination of any new buildings. Main- board has made a very careful study of the building requirements of the several penal, charitable and educa- tional institutions and while the board feels that new buildings, as well as other improvements are need- ed at a number of these state insti- tutions, it is, nevertheless, of the opinion that no new buildings are ab- solutely necessary at any of them at the present time, with the possible exception of the school for the fee- ble-minded at Grafton. At the Graf: ton institution power plant ecessary and the Driation “It i% the view of the board that under the present economic condi- tions in the state and the probable reduction in tax collections during the coming year, appropriations for in- stitutional buildings and improve- ments should be deferred until the next legislative assembly. The board is confident that the management of all the state institutions can and should get along with the amounts recommended by the budget board. While no recommendations for new for all normal maintenance ments, which requirements have in- disappointing and Steen is fearful that along about February the state may have to quit Paying its bills in cash and hold Payments until money is ERs ze tinued. He is no longer held to be in danger. Wilhelm, Shorn of His Former Glory, Content as ‘His Highness’ in Doorn i SFE ey i g H ee i FE a3 55 aE H SE eer eT Ir Ship Blast Hero by Brothers, Collide and Former Sinks (@)—Forty-five persons, including 17 passengets of the Finnish liner Ober- on, are believed to have perished in proceeded to port. ‘The famous British Cricketer, J. W. H. T. Douglas, and his father, were to have been among those To Tree, Take His Car Ruston, Dec, 20.—(7)—North Weather Continues to Delay Armada Flight Cartagena, Spain, Dec. 20.—(7)— Bad weather continuing along the Spanish Mediterranean coast today made it unlikely that the Italian transatlan' ition Damage Action Based On 14-Year-Old Case Second Defense Counsel Holds State’s Evidence Up to Ridicule DERIDES NURSE’S STORY Defe Counsel Describes State's Story as ‘Fan- tastic’ Tale Kansas City, Kans., Dec. 20.—(?)— Final arguments were completed at 12:45 p. m. today in the murder trial of Major Charles A. Shepard, army medical officer accused of fatally Poisoning his wife, and the case will go to the jury this afternoon. ‘A recess was taken until 2 p. m. at which time Federal Judge Richard J. Hopkins announced he would charge the jury. After receiving the court's instructions the jury will re- tire to deliberate. District Attorney Sardius M. Brew- ster in delivering a final plea for conviction did not make a direct ap- peal for the death penalty but argued the government was only doing its duty in asking a verdict of guilty, which would make the death sen- tence mandatory. Without a recommendation from the jury for life imprisonment, in event of conviction, the death sen- noe would be mandatory under the WwW. Making the final defense plea for Shepard, Harry 8. Class, Denver attorney, today termed the case the government presented against the army medical officer a “fantastic fairy tale.” Class appealed to the “common sense” of the Kansas jury and held up to ridicule much of the govern- ment testimony which seeks to prove Shepard killed his wife so he might marry a@ young stenographer of whom he became enamored. Like his colleague, C. L. Kagey, did yesterday in the first part of the final defense plea, Class derided the testimony of Miss Clara Brown, To- per a who said ea Soe r she was poisoned by - Class asserted that in treating Mrs. Shepard “all that. Major Shepard could have done was done” and re- called that specialists who testified for the government had disagreed as to the nature of her illness. “Gentlemen,” Class addressed the jury, “I would never guess a man in- to the penitentiary. When doctors disagree as they have there certainly must be a reasonable doubt.” Seek Mystery Germ Carrier in Mandan Mystery concerning the identity of 2 possible spinal meningitis germ carrier at the state training school at Mandan, deepened today with an- nouncement of another inmate con- tracting the disease. Mike Wachler, Hebron, was taken ill about 5 p. m. Friday. At 9 o'clock last night the case was pronounced spinal meningitis and Wachler was given his initial serum treatment. Wachler has been at the school for 11 months. His is the eighth case to occur at school in the last three years. ot las previous cases, three proved fatal. The latest outbreak comes on the heels of a general survey completed shortly before Thanksgiving by state health officials. Cultures were tak- en of every inmate, official and em- ploye at that time and in every case the return was negative. Three other surveys were made within the last * teas but no germ carrier was foun Italian Princess, 15, Is Good Samaritan Rome, Dec. 20—()—Princess Maria, youngest daughter of the Italian sov- ereigns and not yet 16 years old, proved herself 2 Good Samaritan to- day. While driving to Tivoli she saw a group of workmen about the body of one of their number. Learning he had fallen from the scaffolding she rushed in her own car to the Poly- clinic hospital remaining with him until doctors assured her his life was ing Local Musicians to Broadcast Sunday A large number of local persons will be presented in a musical show over KFYR at 4 o'clock Sunday afternoon. Eg. cornetist, CONGRESS FINISHES EMERGENCY RELIEF LEGISLATION WORK Public Works, Drought Relief Measures Need Only Hoo- ver Signature BILLS ARE SAID INADEQUATE Preparations for Congressional Recess Over Holidays Goes Ahead Washington, Dec. 20.—(AP)—Con- ‘ess completed the emergency relief legislation today. ‘President Hoover's signature alone is needed to enact into law the $116,- 000,000 public works appropriation, and the authorization for $45,000,- 000 for drought loans. Unemployment conditions were de- picted as requiring more adequate relief measures in the senate debate which preceded final approval of the construction bill there. Senators LaFollette, Republican, Wisconsin, and Walsh, Democrat, Massachus- etts, joined in deploring the pitiable conditions. Vice President Curtis and Speaker Longworth had to sign both bills be- fore they went to the white house. Meanwhile, preparations for the congressional recess over the holidays ‘were resumed. The measure got through the sen- ate finally today after Senators La Follette, Republican, Wisconsin, and ‘Walsh, Democrat, Massachusetts, sailed it as a “drop in the bucket” and demanded additional appropria- tions to be expended for direct relief. Passage of the bill was made pos- sible when the senate receded from three amendments in dispute with the house, It abandoned the amend- ments without record votes when it became an issue of making the money available before the Christmas re- cess. Of the sum $80,000,000 would be spent in fomd constraction. Inland waterways improvements and public buildings construction will get the remainder. President Hoover is given authority under the bill to allocate the money as he deems necessary, if any emerg- ency arises. It is contemplated that most of the money will be spent be- fore the first of the new fiscal year —next July 1. Congress now has passed two emergency relief measures—the bill authorizing $45,000,000 for drought relief having won final approval last night. Both measures were on their way to the white house today. NETCHER FAILS 10 ACCEPT NEW PLACE Appointment Filed by Governor With Secretary of State May Be Nullified Appointment of Arthur Netcher, Fessenden banker and lawyer, to be a member of the state board of admin- istration, was filed by Governor George F. Shafer with the secretary of state on December 17, records of the secretary’s office showed today. To date, however, Netcher has not accepted the appointment and it is not known when or if he will do so. In the event Netcher refuses to ac- cept the appointment will be nullified. One _ previous sppoinizaant by Shafer has been nullified this year, the records show. That was the ap- pointment of Elva M. Glade, Barnes county, as a member of the of registration in ciropody, filed May 27 but rejected by the appointee. Fargoans Arrested On Liquor Charges Fargo, N. D., Dec. 20.—()—Sought in Clay county, Minesota, on bench warrants charging operation of 2 still and liquor possesion, Harry Williams, an Indian, and Carl Lucken, both of Fargo, were arrested here late Friday. They are held pending extradition proceedings. ! Hits Prohibition | > The entire nation was stirred by the decision of Federal Judge William Clark (above) in Newark, N. J., that the Eighteenth amendment was in- valid. Government attorneys planned @ quick appeal of the ruling, in which Judge Clark held that the prohibé- tion amendment was void because it ‘was ratified by state legislatures in- stead of by bie titutional conven- ions. MEMBERS OF LEGION PLAN 70 PINGH-EIT FOR OLD ST. NICK Toys, Nuts, Candy, Clothes Be- ing Distributed; Rue Ex- pects ‘Sell Out’ ‘Twenty boxes of clothes and toys were sent out today by the Ameri- can Legion “Open Your Heart” com- mittee to residents of Burleigh county outside of Bismarck, according to Milton Rue, general chairman. Candy and nuts were included to assist in giving needy children a merry Christ- mas. Summing up the situation the “Open Your Heart” headquarters, Rue said it seems certain that all of the clothing and other supplies gathered there will be distributed by Christ- mas eve and that the huge stock of material donated by Bismarck resi- dents will have been placed in the hands of people who have need of as- sistance. “It looks now as though the only items which we will have left over are some men’s suits and overcoats,” Rue said. “All of the food and the women’s and children’s clothing will be sent out. “Our major need now is more toys. The demand for them has been tremendous and since this is a move- ment to spread cheer we would like to see that every child has something sapsore Santa Claus came to see An arrangement has been made, Rue said, whereby the Legion may some toys at reduced prices on Christmas eve. Squads of Legionnaires have been working at the headquarters and in obtaining and distributing the mate- rials, and these have been loyally aided by women from the Legion Auxiliary, Rue said. He commented that the splendid spirit of the Auxil- fary and the fine work which the women have done is noteworthy. The Legion's collection of money to help in the work had reached $354.60 today. Thirty-three dollars was added to the total of $321.60 reported Friday. New donations were: Order of $2; Ed Wagner, Arena, §1; D. J. Mc- ; L. H, Carufel, $5; 57 Taxi, mnaire $2, and another’ Preliminary arrangements for the city’s annual Christmas entertainment for children were announced today. The event will be held at the city auditorium at 2:30 p. m. Wednesday. Details of a short program will be announced Monday. The principal feature will be the appearance of Santa Claus and his presentation of candy to the children. Every city child and all from the country who may happen to be in the city are invited. There will be a bag of candy for each one. '|Man Dies of Broken Heart After Loss of His Divine Power to Heal Poona, India, Dec. 20.—(P)— Death from a broken heart, “su- perinduced by a belief that God had deprived him of the divine power of healing,” was the extra- ordinary verdict rendered by @ coroner today in the strange and mysterious case of James Bran- don. Described as a former resident of Nashville, Tennessee, Brandon, who in later life devoted himself to asceticism, occultism and mys- tic healing, was found dead @ week ago in the squalid cave in which he lived, close by an old Hindu temple. Evidence at the inquest today showed Brandon, who came to India 15 years ago, amassed s for- tape by treting the sick, lame, and blind with herbs, mystic po- tions and magic prayers. On his deathbed, it was testi- fied, he complained he had lost his occult power a few weeks ago because his “God-given spectac- Tes” had been stolen. “Through the spectacles 1 was able to see God,” witnesses at the inquest said Brandon told them pathetically, “and through the spectacles God allowed me to see the causes of my patient’s dis- eases and showed me how to cure them. Now, without them, I am helpless even to heal my own malady or to save myself from death.” It was revealed that a short time ago some Poona youths as a practical joke raided Brandon’s STATE'S CHARGES IN HURDSPIELD HOLDUP ARE NEAR COLLAPSE Court Orders Two of Four De- fendants Freed on Their Own Recognizance WICKS, NORD STILL HELD Possibility of Investigation of Alleged ‘Frame-Up’ Is Hinted by Langer With the state's case against John Gates, Sioux county sheriff, and three other men accused of a bank robbery at Hurdsfield last August 14 apparently near collapse, charges of “cold - blooded” frameup were being made today by William Langer, at- torney for two of the four defend- ants. Gates and Kenneth McDonald, Mandan attorney, were released on their own recognizance after the cases against them had been contin- ued indefinitely when they were brought into court at Fessenden to- day. Heretofore the state has been demanding a cash bond of $5,000 for each man. Joe Wicks, Sioux county deputy sheriff, and A. R. Nord, Fort Yates insurance man, still were being held in default of $5,000 bail, however, John F. Sullivan, Mandan, appeared for Gates and McDonald and offered an alibi for each of his clients . It was convincing enough to win their freedom pending further develop- ments. McDonald and Gates were arraigned first when the case was called by County Judge J. L. Johnston of Wells county today. The defense offered all the testi- mony, Sullivan and Langer present- ing the alibi with Langer as the star witness, and the court's action in freeing them on their own recog- nizance followed. ‘Wicks and Nord were arrainged next and the state made no objection to a defense motion for a continuance until Saturday. It was explained that the motion was made to give the state time to investigate the alibis offered by the defendants. If it finds itself unable to tear them down it is ex- pected that the case will be dismissed. Met Gates at Selfridge Testifying at Fessenden today. Langer said he had dinner at Fort Yates with McDonald after the com- Pletion of Firecloud-Zahn case at about 6:30 p. m. and that he met Gates at Selfridge, at about 8 p. m., on his way home. Sullivan showed that McDonald had cashed a small personal check at Fort Yates on August 14 and said Benno Shemansky, Solen, completed @ long-distance call to McDonald at Fort Yates at 2:25 p. m. on the day of the robbery. The state sets the time of the Hurdsfield robbery as 2:13 p. m. It is approximately 150 miles from Fort Yates to Hurdsfield on an airline and much farther by road. ‘Dismissal of the cases may be fol- lowed, Langer intimated to The Trib- une before leaving for Fessenden Fri- day night, by an investigation to ge at the Bottom of the alleged “frame- .” He indicated that suits or prosecutions might follow if what is now the defense can prove its claims. M. J. Reichert, cashier of the First State bank, Fort Yates, Friday said the records at the Sioux county seat show that McDonald and Gates were present at a trial before te Thomas A. Short which was held at fort Yates on the afternoon of August 14. McDonald and another attorney appeared for Aaron Zahn, defendant in a paternity proceeding brought on behalf of Ludia Firecloud, and Wil- am Langer, now representing Gates, Wicks and Nord in the bank robbery case, represented the plaintiff, the ?| record shows. Reichert said the record shows that Gates served a subpoena in the case on August 14 and then went on to the western part of Sioux county. “I am sorry that this information has come out at this time,” Langer said last night. “I would have preferred that it be held up for a few days until we can find out more about this case. “This whole affair is a cold-blood- ed frame-up and we would like te get at the bottom of it in order to fix responsibility for it.” Investigation May Follow In its issue of August 22 the Sioux County pioneer carried an account of the Firecloud-Zahn trial and as- serted that Langer appeared in Miss Firecloud’s behalf. No mention was made, however, of the attorneys who appeared for the defendant. C. J. Martineson, Bismarck police Bismarck at the time of the robbery and Langer said he could prove an alibi for his other client which is fully as unshakable as that for Gates, McDonald and Wicks. Ringling, Owner of Circus, Is Married Jersey City, N. J., Dec. 20—)— John T. Ringling, wealthy circus own- er, was on his honeymoon today. He was married to Mrs. Emily Haag Buck yesterday by Mayor Frank C. Hague. The bride was attended by Mrs. Howard Bradley, a sister, had Thomas Mr. and Mrs. James W. Haag, Orange, N. J. and the widow of banyan tree hut, stealing all his Is Charles W. Buck. Mr. Ringling’s first wife died. in 1929, .