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ESTABLISHED 1873 THE B BISMAR' 13th Grafton Poison Victim Dies SMARCK TRIBUNE CK, NORTH DAKOTA. MONDAY, FEBRUARY 9, 1931 fair Monday night an? apie: fo Not 80 cold. PRICE FIVE CENTS Court-Martial of Smedley Butler Canceled MARINE HEAD HAD ADMITTED MAKING MUSSOLIN ATTACK Navy Department Furnishes Italian Ambassador With Official Correspondence CONSIDER INCIDENT CLOSED Major General Continues to No Court Martial Keep Silence; His Where- abouts Is Not Known ‘Washington, Feb. 9—()—At the re- quest of state department officials, ‘the navy department has furnished| Jor Ambassador de Martino of Italy a copy of the correspondence between Secretary Adams and Major General Smedley D. Butler relative to the call- ing off of the marine officer's court- martial. The trial, which was scheduled to) start next, Monday in Philadelphia, was ordered canceled after Butler had acknowledged making remarks derogatory to Premier Mussolini. The transmission of the correspon- dence was informal, but was con- sidered by both state department and embassy officials to be sufficient to end the matter ‘definitely so far as the two governments were concerned. Signor Mussolini, in a dispatch to} the embassy, more than a week ago asserted he considered’ the incident closed by the apology the American government made to him for Butler's assertions. Butler continued Monday to main-' tain the silence he has ‘held since word he was under arrest came from the navy department. Officials at the marine reservation, commanded by Butler, declined even to say whether the general was in Quantico. ‘The general placed his regrets in @ etter which pointed out that the speech responsible for his troubles, made Jan. 19 before the contemporary club of was delivered under assurance that his words would not get out of the room. Butler's) s2!et¥ concluding sentence was “I very greatly regret this incident’ and the fact that my indiscreet remarks have caused embarrassments to the gov- ernment.” Adams’ reply said in part: “You are informed * * * that the navy department cannot. express too clearly its disapproval of the conduct of any officer of the naval establish ment in making remarks which tend to embarrass the international rela- tions of the government. Such action on the part of any officer) of your rank and length of service merits and receives the unqualified condemna- tion of the navy department and for their ttiaranes ee egg admit, you are hereby ret “In view of your letter expressing] regret, taken in connection with your Jong record of brilliant service, the navy department feels that it is no Jonger necessary to resort to | ings by general court-martial, and ex- pects that this incident ee phate salutary effect upon your con- duct in matters of this character.” BISHOP CANNON IS ft &@ sharp reprimand from Secretary LAST OF IGE FLOE VICTIMS BROUGHT __ SAFELY TO SHORE 4 Men, Many Other Persons, Including Woman, Missing After Oak- land, Calif., Fire ANIMAL LOSS IS $325,000 Blue-Blood Horses Valued at $2,000,000 Taken From Show Barns Saturday Oakland, Calif. Feb. 9.—(?)—Fire of mysterious origin destroyed the Oakland Horse Show early Monday, taking at least four human lives and incinerating somewhere between 47 ‘and 80 blue-blooded animals trapped in their stalls, Many other persons, including a ‘woman, were missing and may have perished. More than a dozen attend- ants remained unaccounted for but most, if not all of these were thought to have escaped and failed to report their safety. Fire officials estimated the loss in horses at $825,000. Eighteen carloads by their em! 56 Men. in All Were Marooned Over Week-End When Erie Ice Coast Broke Away Buffalo, N.: ¥., Feb. 9—(7)—Ten ‘weary men walked ashore over the ice hummocks of Lake Erie Monday and wrote the last word in a tale of 50 of-battling with cold, tified. While the fire was at its height and horses were plunging, snorting and dying in the flames, & woman was seen to dash into the blazing [_Nabs Gun Girl ‘ Captured when an intended victim grabbed her gun in her third gaso- line station holdup in 10 days, Clara Ethel ‘Lucas, 17, above, was jailed at Charleston, W. Va. The girl, em- ployed as a maid by a Charleston family, says she is the shter of a rural Kentucky minister. She says she robbed .“for a thrill,” and her © | two successful holdups netted her could be found except the check, which had been made ail but illegible .| by water. FEE ake Aly VICTOR IN HEARING ar Recuperates in Hospital After Elders Decide Charges Do Not Warrant Trial Father of Dry Law Reported Improved ike Fire authorities said they detected the smell of gasoline -wiille. fighting the flames, but"had no definite evi- dence of vaewce NORTHWEST AREAS GET COLD WEATHER Mercury Drops to 12 Degrees Below at Devils Lake; North- ern Minnesota Chilly “St. Paul, Feb. 9.—(?)—Pushing aside Sunday, Piracy mene : ve zero temperatures were gen- and central Min- ififls fi Service Station Is Burglarized Saturday Thieves burglarized the Meyers Service station at First St. and Main might Soviet Russia to Enlist Hundreds Of Thousands of Women Worker: 5. MEASURE PROPOSES DISTRIBUTION-PLAN FOR GUARANTY FUND Bill. Setting Up Machinery ts Introduced in House by Aljets and Rulon A bill setting.up machinery for the distribution of unclaimed dividends and for disposition of receiver's cer- tificates held by -the depositors guar- anty fund was introduced in the North Dakota house Monday by Rep- resentatives George Aljets, Wells county, and Arthur J. Rulon, Stuts- man county. ‘The proposed act also provides for At the last June primary, the guar- anty fund act was repealed by vote of the people, and the measure in- troduced Monday is for the purpose of the necessary machinery: Stable Blaze Kills CHANGE OF VENUE Many Horses GRANTED DEFENSE IN HOLMES ‘TRIAL Wing Blacksmith Wins Transfer From Burleigh County After Argument Saturday IS BASED ON ‘ Holds Fact That Sheriff's Force Will Be Witnesses Might Influence Jurors MOSPHERE’ korn in 2 stabbing affray at Wing last November 11, will be tried in some county other than Burleigh, Dis- trict Judge R. G. McFarland ruled Saturda; ye McFarland’s decision, made after affidavits had been presented by both the state and the defense, was based on a ground not listed in the appli- cation for a change in the place of trial, made by William Langer, de- fense attorney. McFarland held that, because a number of witnesses named in the information are members or former members of the sheriff's office, the atmosphere surrounding the prisoner during the trial would be prejudicial to his interests since it might tend to influence a Burleigh county jury against the defendant. In resisting the motion for a change of venue State’s Attorney George 8. Register offered 32 affida- vits from representative citizens throughout the county. In almost every case the affiants asserted that their only knowledge of the case was gleaned from newspaper accounts and from an occasional reference to the affair immediately after it had occurred. Among those signing affa- davits to thig effect were the mem- bers of the board of county commis- and the members of the Bis- marckicity commission and a number of of boards. Langer offered ‘more than 30 af- fidavits from various people through: out the county stating that for var- ious -reasons there was a prevailing Prejudice against the defendant. Register objected to the suggestion of the court that the case be taken to Kidder county for trial this week, saying that John Sullivan, who has been appointed as a special prosecu- tor in the case, was in Florida and that the state would request time in which to permit Sullivan to return for the trial. The court agreed to defer action until Register could get in touch with his: associate. Holmes, who has been held in the McLean county jail awaiting trial, was removed to the penitentiary Sat- urday night, Officials said that the gravity of the crime with which he is charged had prompted their action. Among the spectators at the hear- ing were the wife and daughter of Holmes as well as Mrs. George Peip- korn, widow of the slain man, and her two daughters. SENATE CONTINUES FIGHT WITH HOOVER 2 Judiciary Committee Will Carry Into Courts Battle on Smith Confirmation Washington, Feb. 9.—(?)}—The sen- ate judiciary committee Monday set up @ sub-committee to select an at- torney to carry into the courts the senate’s contest with President Hoo- ver over the right to office of Chair- man Smith of the power commission. After once being confirmed, Smith’s nomination was rejected by the sen- ate. President Hoover had refused the senate’s request to. return to it and the nominations of Claude L. Draper. Wyoming, and Garsaud, Louisiana, to be. members of the com- mission. On the. second . considera- tion, Draper: and Gareaud were re- The committee Monday its chairman, Senator. Norris, Ucan, Nebraska, snd Senstors Stel- wet, Republican, Oregon, and Walsh, heb & 3 itty it He ie i g Eff j Hi Democrat,.Montans, to select the at- torney who will take the unprece- the two branches of the government ‘to the courts, ONCE NORTH DAKOTA WOMAN HAS SANITY HEARING INMONTANA Mrs. J.-E. Arnot Charged With Killing Banker-Husband in Glasgow Glasgow, Mont., Feb. 9.—()—Mrs. Anna Berrigan Arnot, former North Dakota woman, charged with killing her husband, J. E. Arnot, former Glasgow banker, Monday faced a jury. tn district court which will determine whether she is sane. Upon the judgment of that jury, Judge John Hurley explained, will determine whether she will go to trial for murder or will be confined in the state hospital for the insane. Arnot, the state claims, died from poison. His body, partly burned, was found the night of Aug. 17, 1930, in the basement of his home, lying on some smouldering rubbish. ‘The dignified, auburn-haired widow sat in the court room, attended only by a nurse. She has been under @ physician's care, in a hospital most. of the time since her arrest. Her elder son, Robert, 15, arrived Monday morning from Conrad, where he has been staying with an uncle. A young- er son, John, 14, is with an aunt in Park River, N. D. Mrs. Arnot, except for some loss in weight, seemed little changed from her usual appearance. She sat quiet- ly through the preliminary proceed- ings, evincing little emotion. She is represented by George E. Hurd, Great Falls, and Otis Hallett, Glasgow. The county attorney, C. H. Roberts, is assisted by John L. Slat- tery, Great Falls, former United States district attorney. Egg-Throwing fl Contest Scored | rrr eer: San Francisco, Feb. oan” George W. Lysaght, San Fran- cisco, says the plan to use 100 cases of eggs for fights among the Turlock, Modesto and Merced here to ask that the extra eggs iven to the unemployed. The price of eggs in San Fran- BACK ANDERSON NOMINATION Wi Feb. = 9.—(P)—' casualty. He came out of his dressing room nursing a face covered with scratches administered by Kathleen Key, a former film beauty, The actor |PUrposes ‘9 id the beating followed an argument over money. Declares Starvation and Exhaustion Killed Birds WINFIELD WARE, 2, LATEST T0 SUCCUMB FROM PARY SALAD Three Others: Who Attended Party Are Being Treated With Botulism Serum YOUTH FAILED GRADUALLY Rumors That 14th Person Ex- hibited Symptoms of Ailment Declared Baseless Grafton, N. D., Feb. 9.—()}—Win- field Ware, 22, Grafton, 13th victim of a party of 17 persons who ate salad containing botulinus germs at a midnight supper at the Edward Hein farm home near here Jan. 29, died in a Grafton hospital Sunday. Two tubes of anti-toxin brought to the state by Dr. William Carey, of Chftago university, for experimental al e nm salad, to W. C. Cashman, Grand Forks, state food inspector. One tube sent to Grafton from tht university here is to be used on A. W. Ecklund, Health Depart- ment Official, Finds Birds’ Stomachs Empty Starvation and exhaustion caused deaths of hundreds of birds in Man- dan and Bismarck Saturday morn- ing according to A. W. Ecklund, bac- teriologist for the state department of public health. Ecklund bases his conclusion on the fact that the intestines and sto- machs of six birds examined by him were absolutely empty, indicating starvation, and to the fact that no indication of disease was present in the specimens. ’ Ecklund says the birds nad begun their northern migration earlier than usual this year and that they had encountered adverse conditions en route. He believes that they were nearly exhausted and, seeing the lights of the city, alighted here. He obtained five dead birds and ene live one for experimental pur- Poses and in every case found the blood to’be free from disease and the internal organs healthy. The absence of fat beneath the skin, a normal condition in birds at this time of year, strengthened his conviction that the birds succumbed to starvation and exhaustion. The birds are a specie of sparrow known as Lapland Longspurs. HOPE 70 LINK MEN IN DOYON ROBBERY Officials Will Attempt to Identify Minneapolis Trio as Holdup Men Devils Lake, N. D., Feb. 9.—(F)—An attempt to link three men, captured in Minneapolis Jan. 27 during an at- tempted holdup, with a bank robbery at Doyon last November, will be made by Ramsey See Officials, State's id. Mother of Four Children, Sentenced For Life, Bears Twins in Briton Jail London, Feb. 9.—(P)—A mother g z & Z i th mately to her husband. They and Rumors afloat Sunday that Lessard exhibited symptoms of botulinus poi- soning were baseless, doctors said a fare first developed symptoms of the disease last Tuesday when he had difficulty in walking. Dr. C. J. Glas- pel, who attended Ware, said he had trouble with his vision Wednesday. Thursday Ware complained of diffi- culty in swallowing solid food. Friday Dr. Glaspel ordered Ware taken to the hospital when the patient de- veloped muscular weakness. The pa- tient was conscious to the end and ate soup less than five minutes be- fore he died. Botulism was given as the cause of death by Dr. Glaspel. The symptoms were the same as those of 12 other victims, he said. Winfield Ware was born March 1: 1908, in Grafton. He lived there years, then in Hoople, N. D., for four years. He returned to Grafton when six years old and attended schools there. He was graduated from Graf- ton high school in June, 1827. He Played on the Grafton high football FORM REGAN MAN KILLED IN ACCDENT Theodore Ehnis, 23, Fatally In- jured in Auto Mishap at Wamego, Kansas Funeral arrangements are being withheld pending the arrival of the body in Regan. (Booklet On 15th Census Available i it ise Re de q af He : jee