The Bismarck Tribune Newspaper, December 26, 1930, Page 2

“ Krim and his son George on their . convict him; that without his consent THE BISMARCK TRIBUNE, FRIDAY, DECEMBER 26, 1930 TRIAL WAS PROPER, DECLARES DECISION OF SUPREME COURT’ rn Jurors Became Separated, Con-| trary to Law, But Were Not Prejudiced | i} | | | \ EVIDENCE WAS SUFFICIENT — | Alibi Presented By Defendant Did Not Prove That He Was Innocent | Conviction of Arthur Zimmerman in McHenry county district court on a charge of robbing and torturing Joe farm near Karlsruhe was upheld to- day by the North Dakota state su- Preme court. On the evening of Octoher 12, 1929, three men in an automobile drove to the Krim farm, about 45 miles from Minot. Krim and his son were as- saulted, thrown to the floor, and tied with strips torn from a sheet.. The father's shoes were removed and he was tortured by stabbing the soles of his feet with e knife until he dis- closed where he had his money hid- den. | The assailants obtained $1,165 ana escaped. It was established at the trial that & man named Jerome borrowed an automobile in Minot the afternoon of the robbery, and testimony was given that this automobile was the one used by the trio who assaulted the Frims. Three days later Zimmer- man was arrested and positively iden- | tified by Joe and George Krim as their assailants. Jerome fled and was not appre- hended, while the third man was not identified. ‘ Zimmerman was convicted by a McHenry county district court jury on a charge of robbery, but appealed to the supreme court on the grounds that the evidence was insufficient to the jury members were permitted to separate after the case was submitted, and before arriving at a verdict, and on the ground of newly discovered evidence. Evidence Was Sufficient The supreme court held that evi- dence is sufficient to sustain the ver- dict of the jury. It was held further that where in a criminal case after the cause is submitted to the jury one of the jurymen is permitted to leave his fellow jurymen and go to the postoffice to procure his mail, “such separation constitutes an irreg- ularity contrary to the provisions’ statutes. Or But the decision continues, “where it affirmatively appears that no improper influences were used or attempted and that no prejudice could have resulted therefrom, such irregularity does not entitle the de- fendant to a new trial.” “The first proposition urged by the appellant (Zimmerman) is that the evidence is insufficient to sustain the verdict,” the supreme court opin- jon adds. “For his defense the appellant re- lied wholly on the establishment of an alibi. ‘The witnesses Krim posi- tively identified Zimmerman as one of the robbers. Their testimony was more or less uncertain as to the ex- act time of the robbery, but it is clear that it occurred between the hours of 7 and 9 o'clock on the evening of October 12; “Another of the state's witnesses, a resident of Minot, testified that he was acquainted with Zimmerman and Jerome; that he knew the automo- bile which Jerome borrowed; that at 6:30 on the evening in question he saw Jerome driving this car in Minot; that Jerome was then accompanied by two other men, one of whom was Zimmerman. “The defendant did not take the stand himself, but he produced many witnesses to establish that he was in the city of Minot at the time the robbery took place or at such times that it was manifestly impossible for him to have participated in it. Many of these witnesses were reputable cit- izens. They were positive in their statements as to having seen Zim- merman in Minot on the evening in question and as to the times when they saw him on that evening. The testimony of one or another of these | witnesses fully covered the time ex- cepting from 6:30 until 20 minutes | after nine. “However, while they were in the; in question, yet it appeared that they fixed the hour and minute by esti- ‘was so seen. In any event, the ques- tion was a. question of fact. It was peculiarly for the jury, and the jury having determined it adversely to the appellant, the record does not conclusively establish his contention as to warrant us in setting ‘he ver- dict aside.” Discussing the claim of newly dis- @overed evidence, the supreme court Gecision says this evidence is in the main cumulative. | “Some of it, however, does cover the time from 7:30 to 9:20,” the de- cision continues. “Some of it. by the exercise of reasonable diligence, should have been discovered prior to the time of the trial. But in any =e WAS the happiest man in ri Soaring after Jove the world. In ten minutes, 1 would finish my last flying stunt for my last picture in the movies at Hollywood. Before dawn, in my own plane, The Blue Falcon, which I had ordered Jimmy Hatch, my chief mechanician, to put in way east to join the girl I lo Nestling in my pocket, close my heart, was the «weet assurance i her code telegram, reccived that morning: — “Do not fall me and | will not fall you.” she had wired, “Be at Lakehurst ingars, three days i. one hour (nice ee tert ce e passengers mi Ameticnn-deppeli, jJueen ot the Skies, Instead of taking off on the world tour, f will take off with you, ‘ And 1 had answered. ecstatic- all fe will take off on a world tour all our own, making it for life” in & Las new ne ne two- seater, ipped Ww! every latest device in long-range wie- less, we were stunting over Universa: City, 3, ue Te) camera planes in close pursuit. I was not peying’ close attention to what we mood i bo I ae in an eel e ex] only once in & iite-time, renee 1, Jack Stone, formerly an un- known air-mail rin purse, ee pon in love, Boeri n, Was s00n toelope with the debutante Sanshiee of one of th leading multimi ire oll kings * of America, Homer T. Dare, con- trary to Homer T. Dare’ wishes, Millionaire Dare had other plans for my lovely sweetheart. He had designed her to be married to Frank Theentoa, of a een tamily connections, ® man about town wit & swanky aristocratic upbringing— and nothing else—to recommend him, The oil king’s great wealth i” bred in him noxious social ambition. For more than @ year he had tried to keep Pearl and myself apart, even to turning me from his joorstep, and more recently, after liscovering our private ‘correspond- ence, i ad, with great subtlety, attached to Pearl » personal chap- eron, Mrs. Mabel e, & needy widow of the upper classes, who, in actuality, was his spy. I knew Thornton 's own and I knew a cer- any dominance over Pearl. I knew that as long a8 ey were in it, she suscepti] was, innocently, 8 le to their influences, TYnew too, that, ulti- mately, I. could ve‘ my own worth and desirability to her s0- cial scheming, money-blinded father. All I wanted and needed was the chance; this we had decided to create. oo— need Rooseve readiness, I would be on my ved, Pearl Dare. that she would engage passage as the first woman Per er on the lirst world tour of the first /mer- ican-Zeppelin, Queen of the Skies built in America, the greatest sky- ship ever floate i Out of the Blue | Our plan was simple. I was mere- ly to fiy quietly across the country fro: Los Angeles to Lakehurst. 1 was to arrive at the time when Pearl, presumably, was going aboard alter her last goud-bys. Another girl, with her credent...is Aer personal maid, was to mount into the [dd ship at the last. mo- ment in ‘her place. And Pearl ana I were to disappear and, for two . months or as long as the Queen of the Skies cruised, be to our ser ad Inia ad laid my own plans, too. An Eastern flying club, Foomposed a some of the most socially elect of the younger set, had asked for m: opportunity and suited our burpeces suit ee ‘our purposes And 80, as I say, | was the hap- piest man in the world, with not a thought in mind except happl ess, that happiness of two souls which saw in each other his and her mate. “Gee!" broke in Billy Watson, the wireless expert at my elbow. ‘This is uncanny! “What's uncanny?” I asked, j:rked ror 7. out of my day dreaming. “I'm getting the most unbelievable distances on this new witeless . . . Cuba... Halifax... the President elt half way across the At- Lakehurst,” I »suggested, thinking of the Queen of the Skies. fone if we can’t get the latest re- Billy did not answer at once. When he did, he gave me # queer look. “Some o1 Idi you ceiver over my ears and tae the controls while I listened. In utter stupefaction, I heard name spoken frantically. ‘and ft was her voice! I would have recog: nized it 10,000 miles away. It wi Peale took "a aes ihe me room of the Skies!" I jolted the controls and had That was why we intended to echt yaa yieidl tessa was ari, rself, wi connived the great method. 7 thod. had permitted fer father o nelleve event the matter was one re: largely in the discretion of the trial court, and that court having exer- cised his discretion adversely to the defendant, te order denying his mo- tion for a new trial will not be dis- turbed unless there was a manifest abuse of that discretion.” The case was tried before District Judge G. Grimson. Judge W. L. Nuessle wrote the opinion of the supreme court. Joseph Stalin New Member of Council] Moscow, Dec. 26.—(i—Joseph. Stalin, whoee last office in the soviet government was membership in the old commissariat of nationalities sev- en years ago, today holds another of- fice—ordinary membership in the council of labor and defense. fe) ship of this important body is vested in Viacheslay Molotoff, who is president of the political bureau and also of the council com- missars, Andre Andreleff, who is president of the central control com- mittee and of the peasants and work- ere’ inspection commissariat, is dep- uty chairman. Stalin continues as head of the communist party and the newspa- Pers make no comment upon his mo- tives in accepting this new govern- ment post. The council df labor and defense is one of the three interlocking groups which govern Russia. The others are the state planning committee and the central executive committee of the communist party. stunting .". we are sailing meet me in Calcutta... W aye And there:sh2 stopped. omin; *~’- had Slight Increase In Last Half of November N. D. Agricultural College) The general leve! of all commodity prices in the United States has tended downward from ‘October to the first two weeks in Degember. The index of farm products in the United States dropped from 113 on Oct, 28 to 108 Nov. 18, but had advanced by Dec. 2, to 110. These declining prices have y cocurred with corresponding weakness in price levels of f mn countries. General business activity continued ,to decline through-October and No- )Vember and it eeems certain that the. ;®geregate for December will be below that. of the previous month. ~ Indus- trial activity usually increases after the holiday season and through the spring months. The index of employment and pay- | rolls continues to decline. In the 1921 |depression payrolls continued to de- cilne even after the number of people |employed began to increase for a po- jtlod of several months. The textile MOTHER NATURE'S CURIO SHOP WHICH IS IN AFRICA AND ONE IN JAPAN, HAME NO TAILS. THIS 8 THE ABSENCE OF THE SIX POSTERIOR, CAUDAL VERTEBRAE, GONE “Jack .. . Jack Stone... are u in hearing T am taking his chance . are you in the air (By Rex E. Willard, Farm Economist, : was thunderstruck at first. I * Then, wrenching the apvar.:us free Billy: opened parachute ‘and grasping the sticks, I yelled at industry has eentinued to show im- | Wheat Price Drops Wheat prices declined during the ’ |first half of November due to reports| of probable large crops in Argentina Factors which tended to jand Australia but rallied during the| latter part of the month ano have been fairly steady in the first half of | December. \stabilize the market are said to be: {Index of Farm Values Shows support by the Stabilization corpora- |tion, some rust: damage in Argentina land reportsof intentionsof farmers to jfeed very much larger quantities of | wheat than usual. A survey made by the United States Bureau of Agriculture Economics in- dicates that farmers and commercial feed mixers will use approximately 236 million bushels of wheat as feed or in feed mixures during this crop year compared to about 90 million bushels used last:year. Present indi- cations point to a comparatively large carry-over next July 1 but it will be smaller than that of last July. Pres- ent prices of wheat are higher at jChicago than at Liverpool and Chi- jcago futures are generally as much as 18 cents below: Livetpool ‘before there is any great Volume of export from the United States. ‘The acreage of flax in 1930 pro- duced the largest crop the world has ever made and present ‘indications point to an increased acreage in some countries for the coming crop. While the yleld per acre was small in the ‘United’ States, the large crop coming at a time of very low building activ- ity has carried flax prices to lowest levels since 1914. With little indiva- tion of increased building activity, it seeins unlikely that flax prices will be given much support from the demand side of the market for some time to come. Cattle Shipments Small Shipments of feeder and stocker cattle from central markets into feed- ing areas of the United States are somewhat of @ guide to future mar- ket supplies and prices. With the shipments of cattle into the corn belt states considerably smaller this year \than ‘last and the comparatively late jmovement, together with the fact that & large proportion of Niese shipments were calves, the present indications are that the supply of fed cattle available for. market during the first three months of 1931 will be consider- jably smaller than for the same pe- riod in 1930. The industrial situation indicates that there will be even less demand for beef during the next 3 months than during the same period in 1930, ‘The drop in hog prices during the ‘past month is in line with the usual | seasonal ‘trend. ‘Stocks ‘of lard and |pork ‘in storage Dec. 1 were 84 per jcent and 16 per cent, respectively, | lower than those of a year ago. The jusual seasonal rise that takes place ‘in January may be delayed by ® more prolonged marketing season than was at first anticipated due to larger corn | supplies and low prices of other feeds. |The big runs that were looked for did {not occur. Poor export demand is | great a seasonal rise as usual. Slight Drop in Butter The seasonal decline in butter pro- |duction has been less than average; while low prices of feeds have tended to maintain production on higher conditions have been unfavorable to likely to be @ factor in preventing as | jlevels than usual. The industrial |- present tariff on butter is 14 cents and New YéQrk prices have been about 15 cents higher than London prices. If this spread widens, undoubtedly foreign butter will be imported into this country. Fat lambs have increased in price during the past month but feeder lambs have shown little change. The chief difficulty has-been that large numbers of lambs have not been put into condition to market. Fat lambs generally bring @ premium over feed- er lambs. Eggs declined due to heavy receipts of fresh eggs and a very heavy stor- age supply.. Dec. 1 more than 4 mil- lion cases Wweré in storage compared ‘with about 2,600,000 cases on the same Gate last year. The market for stor- age eggs has been decidedly weak and out-of-storage season has forced the holders of stored eggs to sell at un- satisfactory prices. This in turn re- acted unfavorably on the fresh egg maket. The turkey market for the Christ~ mas trade has been usually stronger \than for Thanksgiving. The addi- tional quality put on birds by the ex- tra feed, will. undoubtedly. raise grade gufficiently to justify the f even though prices for similar grades should, not advance greatly. E Wing By LILLIAN MUELLER Esther Fields returned to her par- ental home Friday to spend her Christmas vacation. Mr.and Mrs. Carl Lein and baby cae , were Sunday visitors at the J, 0. Lein home. : The.M. W. A. will give an old time dance in the Wing hall Wednesday o o— a glimpse. of Billy sailing off under a quickly one one + thousand feet, below, come to pick it up? It sounded real, it must have been real, but——” one br and i hg rae had come. anyhow, not know what { was talking about. He was busy with his lute, getting ready for the crack-up I was about to make. The tamera pursuit planes ha signaled they were ready, on a line, one & I. jolted the controls so that the left wing would buckle, and over each of us bowled. T had a fleeting glimpse of the beautiful ‘Lockheed “explod! » Of Billy sailing off smoothly under a quickly ned parachute. I was not thin! of elther. All the way plunged @ thousand feet before ig my up cord, I was saying to myself:— “Cah I meet her. in Calcutta? Has the Queen of the Skies made a premature take-off? Why? And was Pearl actually on the Le sky: ship? Have I been deceived?” ‘The instant my reet touched the turf, Jimmie Hatch there ‘ready tty untangleie fast the cords. “Hes the queen of the Skies taken off?" I gasped. He looked at me in wonderment. “How did you guess it?” I groaned, “ mea list! Bring it tothe hangar.” I hurried across the field dizzily. When Jimmie brought the st I oh Through a blur I waitneen ot {he shies, takes ad vorable weather and a urst abrupay, ae tat ahead of echeds le. Not society girl, Miss Pearl Dare, dark-horse passenger. 1 ate me are:— Miss pa hter oil king, Homer T. Dare. . ba i oe Las H York elety ao his “ iene I suppose I glared, “is 8! , the Blue Falcon ready?’ He nodded, though his teaturés blanched, ° ok about my special wireless?” [ Contact! i “The synthetic food, oil, gas; am I ready to take off right now?” The men around stood aghast. “Good God, Jack!” protested Jim- mie. “You're not going to be foo) enough to and follow the Queen of the a : “Nol” I boomed. “I’m going te follow a girl on board her, though; and I’m off to make a non-stop rec- ord east, besides.” » ‘But——’ Billy Watson butted in. “Now, Jack! You're enough te not crazy try to follow that ghost voice across ne 'm gol fovlow ‘tito Calcutta!” I shot pack. In less than an hour, I was in the air, headed east, with a thirty- hour handicap agairist me. I meant to find out’ what it was all about. 4 ee chances jaci pared ends of he earth when his sweet- heart calls! Don’t fail to read the next epi- sode of this st ding new serial. “What was that? Was it real or was it a ghost voice? How did we the rapid approach of the end of the; A. F. Ghylin, were callers at the Ole Olson,-Jr., home Wednesday evening. Mr, and Mrs. Geo. Anderson and Ralph Jacobson autoed to Bismarck Monday. ! Mr. and Mrs. Ben McCloskey and| children, Irene and Margie, spent Sunday afternoon at the Ben Klagen- burg home. Mr. and Mrs. Ole Olson, Mr. and Mrs. Alvin Ghylin and Burnette Jacobson, all of Canfield, called at ne Gust Olson home Saturday night. r. and Mrs. I, Kremenetsky and daughter motored to Bismarck Sun- day where they visited with Jake Kremenetsky, whois a patient at the St, Alevius Hospital. Mr. and Mrs. John Harty and chil- dren, Helen and Francis, accompani- ed by Alice McCloskey, spent Sunday evening with Mr. and Mrs, , Joe Scallon and family. Mr, and Mrs. John Mueller, Mr.. and Mts, 32:3. Horner and family, Mr. and Mrs. G. A. Bossart and chil- dren, Martha .and Christinia, and Mr. and Mrs. John Weber, Jr., and small children, were all entertained by Mr. and Mrs. Fred Borth Sunday, it. being Mr.Borth’s 52nd birthday. Mr. and Mrs. Ed. Rashe and chil- dren of Rock Hill, were Sunday evening visitors at the Ben McClos- key home. Mr. and Mrs. James Olson and Mr. and Mrs, Gust Olson and son, Glenn, spent Sunday visiting at Canfield. Earl and Raymond Josephson spent Sunday with their sister_and brother-in-law, Mr. and Mrs. Wal- fred Harju. Mr. and Mrs. Tolef Subey and daughter motored Myrtle Jacobson to her home in Tuttle Sunday. Myrtle is. attending high school in Bismarck. Mr. and Mrs. G. A. Bossart and everting, Dec. 31st. Mr.’ and Mrs. Fred Oswald spent ‘Wi sday. evening at the John Mu home: A Dorethy Mutcher, the 11-year-old daughter of Mr. and Mrs. Aden Mutcher of Bismarck, is visiting rel- atives. and friends week. Mable Lytle, Mable Olson and Bertel and Wallace Anderson are spending the holidays at their paréntal homes in Wing. Jenny Kuloski spent Sunday with Olive Jacobson. The Wing basketball team played the Menoken team on the Menoken floor Wednesday evening. Wing won by_a score of 64 to 2. My, and Mrs. Ole Olson, Sr., Violet Dee Bailey, and Mr. and Mrs. STICKERS in Wing this | | % Af you start at the right and, ‘edd tas wal d toe oa, Each square must be used but once and ‘you must not skip or jump a square. inereased consumption and prices e declined during the month. The children, Elsie and Gottfred, were BOARD _ the lin! HEAR Pearl's ees -_ herself Eo aos wo spies—on a DISABLED Zep- pelin: Saturday evening callers McCloskeys. #: Mr. and Mrs. Ebb Cleveland trans- red business in Turtle Lake Satur- of Ben lay. Mable Olson spent Saturday night with Mable Jacobson. Helen Bleth is spending a few days visiting-with Martha Hein and Freda‘and Hilda Berg. i The Wing teachers left Saturday for different places to spend their Christmas vacations. Mr. and Mrs. Marcus Wagle left for Jamestown, Miss Leah Harth left for Burnstead, and Miss Marie McGinnis left for Sweet Briar. e A large crowd attended the school Christmas program held at the hall Friday evening. Mr. and Mrs. Jacob Banttari and son, Edward, were Bismarck shop- pers Thursday. FARGO BANKS ELECT“DAKOTANS” Recent Fargo bank elections name, eight graduates. of Dakota NEW SALEM HERD IS LEADING STATE Cows Owned By Herman Rabe Make Best Record For No- vember, Report Shows New Salem, N. D., Déc. 26.—Fifteen grade Holstein cows, owned by Her- man Rabe of the New Salem--Han- nover cow testing association, were the prize milk and butter fat produc- ing herd in North Dakota during No- vember, according to information re- ceived from the state agricultural college which compiles records for the nine testing associations in the state. Mr. Rabe's herd averaged 406 pounds of butterfat and 1,152 pounds of milk per cow. Wambheim brothers of the Greater Grand Forks association got 35.7 pounds of butterfat and 788 pounds of milk from each of 11 milking Shorthorns. W. G. Huey of the Richland County association secured an average of 34.2 pounds of butter- fat and 964 pounds of milk from five grade Holsteins. L. E. O'Connor of the Greater Grand Forks association is the owner of the highest producing cow, a pure- bred Holstein with 91.5 pounds of fat and 2,079 pounds of milk to her cred- it. Soren Madsen of the Stutsman County association has a purebred Holstein with 80.2 pounds of butterfat and 1,824 pounds of milk to her.cred- » it for the month. Butterfat production of 2,671 cows in the nine associations increased to an average of 18 pounds per cow. This is a pound better than the aver- age in October. The summary lists 20 herds as hav- ing averaged 25 pounds or more of butterfat for each cow. Twenty pounds of butterfat per cow was averaged in the Stutsman County association by 276 cows in 16 herds. The New Salem-Hannover group, located in Morton county, with 410 cows in 22 herds made an aver- age of 19.5 pounds of butterfat for the month. Ward county cow testers ‘@uplicated this average with 201 cows in 14 herds. A 19.4 pound a’ was made by the 15 herds in the Greater Grand Forks association. A radio signal will be attempted to the moon in the near future by Dr. A. Hoyt Taylor, superintendent of radio at the Belleview Naval Research Laboratory. The locks on the North Sea Canal at Ymuiden are 1,312 feet long and 164 feet wide. These are considered the largest in the world. Pale Dry “GINGER ALE Order a few bottles for the home. It’s good. If your dealer can’t supply you call MANDAN BEVERAGE COMPANY Busiriess College, ‘Fargo, for official positions. Six Cass County Court House officers are Dakotatrainees, 0 are most of its deputies. All Fargo banks, 90% of its offices, employ Dakota graduates because of their ACTUAL BUSINESS _ training (copyrighted—at D. B. C. only). Gamble-Robinson @o., Valley City, recently employed H.O.Nel- son; Ist National, Casselton, took on Clara Nesvig. Watch results. “Follow the SucceS$ful.”” Mid- winter term, Jan. 5. Write F. L. Watkins, Pres.,806 Front Sc., Fargo. \ We offer ou Funeral Phone 687 r modern’ home suitable for large or’ small fu- nerals at no additional. cost. x _ W. E. PERRY Director Bismarck, N. D. The sraver Conner ROBERTS AND Z2ND Avty ‘This hotel offers you attrac- tive environment, conveni- ent location .... and the best of beds. $1.50 to $3.00 Single Write or wire for S reservations. bi DEDSONAL SERVICE <j You are assured of y prertan Sek y ig! order, a8 well as ex- pert. attention and service, entrust sponsibility. You can depend upon us, We Understand Webb Bros. Funeral Directors Phone 246 Night Phone 246 or 887 Conviction of Zimmerman in ‘Torture Robbery’ Case Is Upheld: .|. PEs Cie OVE AMAT RITES C00 SS sn KaBeos s oLsEL 2 BRA PABee Eo SKF