The Bismarck Tribune Newspaper, June 25, 1931, Page 1

{i |, Circumstantial Net Tig : To Carr | a \ + fame ” North Dakota’s Oldest Newspaper THE BISMARCK TRIBUNE The Weather Fair Thursday night and Fridsy; not much change in temperature. ESTABLISHED 1878 BISMARCK, NORTH DAKOTA, THURSDAY, JUNE 25, 1931 PRICE FIVE CENTS Two Fliers Land In Germany * STATE ATTORNEYS OFFER EVIDENCE TO PROVE CRIME Many Testify That Defendant Said Haven Family Had Left M’Kenzie County FANCIFUL STORIES RELATED “Jury Hears How Bannon De- scribed Fake Fight With Mrs. Haven, Alleged Insane co i Crosby, N. D., June 25.—()—Attor- “neys for the prosecution in the case of James Bannon, charged with the murder of Albert E. Haven in con- S ily of six persons at Watford City YSabout February 10, 1930, Thursday ‘was attempting to tighten the net of ‘eircumstantial evidence about the “accused man. ‘Witness after witness told of state- ments by James Bannon which, the state contends, show he had guilty «knowledge of the Haven murders. Bannon’s son, Charles, confessed to the slayings and was lynched by a mob at Schafer last January 29. In his statements he exonerated his father. Approximately 20 of the prosecu- tion’s 52 witnesses had testified when recess was taken at noon Thursday. Following his announced intention of attempting to prove the Havens were slain for their farm property, States Attorney J. 8S. Taylor ques- tioned several witnesses regarding the property on the Haven farm before and after the crime. Told Story of Fight Several testifed they were told by James Bannon the Haven family had gone away because of the mental condition of Mrs. Haven, and that they had departed on th. night of Feb. 9, 1930. They also told about Bannon having described to them @ scene in the Haven home that night when Mrs. Haven assaulted her hus- band with ® poker and Bannon had seized and held her until she calmed. Testimony was given that Bannon and his son, Charles, occupied the Haven farm beginning Feb. 10, 1930. The elder Bannon went to Oregon in October, 1930, where he was subse- quently apprehended on a charge of murder, after Charles had been ar- rested and confessed. ‘Three exhibits were Introduced by the state—a check given James Ban- non by one of the witnesses in pay- ment for grain purchased from him ‘at the Haven farm in 1930; a letter purporting to have been written from Colton, Oregon, by one of Haven's sons, which Charles Bannon, after his arrest admitted he had written hirh- self; and « rifle with a broken stock which Charles said he had used to slay the family. Bannon and his wife, a spectator in the courtroom, intently listened while one witness told of the slaughter of the Havens as Charles had related it to him. Defendant Smiles ‘When some witnesses told what they said James ae Wears about going away, fent smiled. *One witness recalled having heard the gray-haired defendant say, after relating that Mrs. Haven appar- ently was unbalanced before the family left, that “if I didn’t know she was in safe company, I wouldn't be on this place (the Haven farm) for a minute.” | ‘The 14 witnesses who testified were Dr. P. O. C. Johnson, Watford City physician; Harry Larson, McKenzie county coroner; Ellsworth Swenson, 16-year-old neighbor of the Haven family; Robert L. Fassett, one-time farm hand for the Havens; Mr. and Mrs. W. I. Calkins, George Thomas, Dan Harder, Frank Friszinger, Wil- tam Schoenlien, Frank Rubey, Ben- nie Botner, County Judge P. C. Arild- son, and County Auditor Arne Tollef- son, all of McKenzie county where occurred. Havens to return was “looking for the! Frank Rubey, who the Haven farm in BEEREE rote & 8 | ° "SECRETARY MELLON Secretary of the Treasury Andrew W. Mellon is expected to discuss Presi- dent Hoover's moratorium proposal during his current visit to Paris. PRANCO-GERMAN CONVERSATIONS BEING PLANNED Representatives of Two Na- tions May Meet in Paris for Intimate Discussions Paris, June 25.—()—Franco-Ger- man conversations similar to the re- cent discussions at Chequers between Prime Minister MacDonald of Great Britain and German officials, prob- ably will take place in Paris within the next few weeks. Foreign Minister Briand of France ‘Thursday was reported to have sent word to Foreign Minister Curtius of Germany, through Ambassador Von. Hoesch, that the French government would welcome an intimate converse- tion with the German chancellor and foreign minister. The invitation was said to have been discussed at yesterday's council of ministers and Briand was charged with the issuance of the invitation. ‘With France's answer to President Hoover's proposal for a war debt and reparations suspension delivered to the American government, interest centered today on the coming visit of Andrew W. Mellon, American secre- tary of the treasury, who left London at noon. While the secretary said he was coming to France for a pleasure trip, the significance of his visit to Eng- land during the last week has been noted here and it was beiteved Mellon would confer with French goveru- ment officials and officers of the Bank of France concerning the French counter proposals. Mellon is understood to have planned an informal meeting with Foreign Minister Briand and other ministers tomorrow. ‘The substance of the government's note, insisting the Young plan be strictly through the contin- uance of Germany's unconditional payments, generally gave satisfaction to all parties, and the concensus in the lobbies was that Premier Laval would be upheld in debate on the sub- ject in the chamber of deputies Fri- day. ‘ Mrs. Custer Objects To Fort Lincoln Move New York, June 25—()—This is the 55th anniversary of the death of General George A. Custer at Little been decided to ham Lincoln at Bismarck, N. D., as y measure. It was there of the Missouri river south of Man- dan and few traces of it remain. Rumania Organizes Grain Corporation _Gas SAFE IN MELLON T0 TALK WITH FRENCH ON HOOVER PROPOSAL Will Have Lunch With Premier and Other High Officials of Paris Government (By The Associated Press) Secretary Mellon was en route to France Thursday ostensibly continu- ing his European vacation but with the belief held in diplomatic circles that he will discuss the French coun- ter-proposals to the Hoover plan with French officials in an effort to smooth out any rough spots. Mellon will have lunch tomorrow with Premier Laval at the ministry of the interior. The secretary said the luncheon was not classified as offi- cial and no formal announcement of it would be given out. It was expected several cabinet members, including Foreign Minister Briand and Finance Minister Fian- din, would be present. While awaiting the arrival of the American secretary of the treasury, Paris gave indications of a possible Franco-German meeting within the next few weeks. Rome dispatches said Italy had be- gun taking up many of the details necessary for the accepted suspension and reparations pay- Margin Italy's favorable margin this year would have been more than $13,000,- 000 and this and the political situa- tion in Furope naturally has received consideration. The attitude of the premier and his advisors, it was learned authoritatively, was that these Italian matters or any Euro- pean problems should not be allowed to intrude on President Hoover's “vastly magnificent and generous Plan.” Advices from Tokyo sald a favorable attitude from Japan probably would be expressed tomorrow. Meanwhile Washington looked to Secretary Mellon for a contribution toward solution of the delicate situa- tion that has arisen over the mora- torium proposal. Official acceptances had been ree ceived from all the larger powers in- volved, with the biggest rough spot in the immediate road being France's counter-proposition. On Vacation Secretary Mellon has been “vaca- tioning” in England. Facts and fig- ures he obtained in a series of con- ferences with officials there played a considerable part in President Hoo- ver’s decision to offer to suspend war debt and reparations payments for a year. ‘The immediate difficulty, more (Continued on page SHAFER TO ADDRESS STUDENT SOLDIERS Indian Girls Will Present Song and Dance Features at Pt. Lincoln Program Students of the Citizens Military Training Camp will have an oppor- tunity of hearing the state’s chief ex- ecutive when Gov. George F. Shafer addresses them at 7:30 p. m. Thurs- day. In addition to the governor's gE wrestling evening’s entertain- wrestling and eight box- have been arranged. reserve officers, who have ty at the camp, left Wed- resume their civilian per- g aE i 8 i | Tax Fig [ OnParisviit ||POST AND GATTY MOSCOW Fly From Berlin to Russian Cap- ital in About Nine Hours; to Irkutsk Next ARE HAILED BY GERMANS Eat Two Breakfasts, One of Teutonic Type, the Other American Ham and Eggs Moscow, June 25.—()—Wiley Post and Harold Gatty, American round- the-world fliers, landed at October Airdrome from Berlin at 5:30 p. m. Thursday, (10:30 a. m. E. 8. T.) The airmen on a rapid fire trip around the world made the 950 mile hop in slightly less than nine hours. They now have covered 5,000 miles of their 14,000 mile circuit of the world which they hope to complete in 10 days. Their next goal is Irkutsk, 2,600 miles from Moscow. The pair streaked away from Tem- pelhof Airdrome Thursday on the second stretch of their flight around the globe in quest of the Graf Zep- pelin’s record. They hopped off at 7:38 a. m. (1:38 a. m, eastern standard time) with the expectation of completing the 950- mile trip in seven to eight hours. ~ * Fortified by seven and a half hour's sleep—the first since they left New York Tuesday morning—a hearty breakfast and a welcome bath, they both appeared fresh and wide awake as they climbed into their ship. dust before the take-off from the German capital they expressed. their gratitude for last night’s rousing reception and for other favors Weary Flier Goes To Sleep in Tub Berlin, June 25.—(7)—It’s any port in a storm for a weary trans-Atlantic airman. Harold Gatty, of the flying team of Post and Gatty, was so tired Wednesday night froin his rigorous trip across the Atlantic that he fell asleep in a bathtub. Attendants at the Templelhof Airdrome bailed him out and sent him to bed. granted by well wishers. Asked how they liked the welcome they said ‘fine —but it was just a little crowded.” They felt better when only a small gathering appeared to see them off. To be sure they wouldn’t go hun- gry, they had two breakfasts—a Ger- man one of coffee and rolls and an American one of ham and eggs. Atl they took with them was a bottle cf water and two ham sandwiches. ‘The Winnie Mae was supplied with 200 gallons of gasoline, sufficient to take her to Moscow, but 300 gallons more were stored at Kovno, Lithu- nia, in case of emergency. Post and Gatty dropped down out of the moonlight last night at 8:30 p. m. (2:30 p. m. E. 8. T.), nearly 24 hours to the minute since they leit Harbor Grace, N. F., and about 34 hours after they left New York. They had made the ocean hop in 16 hours and 17 minutes and stopped at Ches- ter, England, and Hanover, Germany, for brief intervals for fuel. A crowd that had been waiting six hours broke police lines and took the A ed Americans to its arms. Post was hoisted to the shoul- ders of two admirers as he stepped from the cokpit but Gatty was lost momen- tarily in the shuffle and was nearly shoved off the field before he was d. The air was filled witn shouts of “Hoch, Kolossal!” and the filers were nearly killed with kind- ness. It was the greatest welcome in Berlin since Clarence Chamberlin and Pearls Levine flew to Germany in 1927. All either could say—and that had to be translated—was: “Where can we wash?” While the throng surged around the restaurant and peered into the win- dows, they sat down to their first meal since leaving America. They ere Se eer weet ane were an incessant flow aoe All this time the folks outside were shouting: “Donnerwetter! Let ihe pocr fe:- lows eat.” New York Woman Justice Removed New York, June 25—(P)—Magis- trate Jean Norris, first woman to be appointed in New 5 g CHARGE BYRNE WAS WRONG IN REFUSING TO TAKE PETITIONS William Lemke, Fargo, Will Ask Court to Review Secre- tary’s Action CLAIM PETITIONS ARE VALID Signers of Petitions Would Re- fer Increase in Gas Tax to N. D. Voters Proceedings will be filed in the su- preme court today or Friday asking that the action of Secretary of State Robert Byrne in rejecting the gas tax referendum petitions be reviewed. William Lemke, Fargo attorney, left Fargo for Bismarck Thursday with the papers. It will be contended in behalf of the committee for the petitioners that the secretary of state wrongfully re- Jected the petitions in ruling that a certain number of names should be dropped from the petitions because signers had failed to give their ad- dress and date of signing. Attorney Francis Murphy, Fargo, will be associated with Lemke in the case. The four-cent gasoline tax law will become effective July 1,- Attorney General James Morris ruled in an opinion Thursday. ‘The ruling was given to J. O. Lyng- stad, deputy state auditor, who in- quired whether the filing of pctitions for a referendum of the law would affect the effective date of the act.i Secretary of State Robert Byrne has} rejected the petitions on the grounds of their legal insufficiency. defective in form and substance.” | ‘The attorney general ruled that, in the form in which submitted, the pe- tition provided for an initiated meas- ure. This requires 10,000 signatures. The last paragraph of the petition provides for the submission of the| “above measure.” Morris held that this referred to the proposal for an initiated measure. As a result, he! said, the petition is not really a ref-| erendum petition but “comes much more near being an initiative peti- tion.” LET CONTRACT FOR REMOVING DEBRIS OF STATE CAPITOL S. F. Lambert Is Awarded Work; Will Do It by Hand to Pro- vide More Jobs Steps to remove the debris result- ing from the burning of the state capitol last December were taken by the state capitol commission Thurs- day with the letting of a eontract for the removal work. 8, F. Lambert, Bismarck, with a bid of $3,900 was awarded the contract. His bid was $700 less than the next lowest bidder. ‘The removal work will be done by hand and will afford employment to about 30 men. Lambert told the commission the work could be begun at once with the use of a power shovel and six men, but that if it were de- ferred to a later date it could be done by hand and give work to more men. The commission asked that the re- moval be done later so as to provide Morris held that the petitions filed / with the secretary of state are “fatally! htens Around Bannon ht to Supreme Court | Hillig, Hoiriis and Proposed Route | Otto Hillig, left, and Holger Hoiriis, right, American ocean fliers, are shown above with their plane in the background . Below is a map showirfg the route which they proposed to follow to Copenhagen. ee eee | Modern Tarrytown ‘ | Lives Up to Name is ca ee eer e Tarrytown, N. Y., June 25.—(P) —In colonial days this place on the Hudson river was named by wives because their husbands lingered at taverns. Mayor Eu- gene H. Lehman, a schoolmaster, now proposes that the police ob- tain a list of patrons of speak- easies and make it available for wives and employers. DENY INJUNCTION PLEA OF PRIESTS Mexican Judge Refuses to Rule on Law Limiting Number of Clerics in Vera Cruz Vera Cruz, Mex., June 25.—(P)— Judge Manuel Bartlett of the second district court, last night rejected a petition filed by Catholic priests for @ permanent injunction against the recently enacted law limiting to 11 the number of priests allowed to of- ficate in the state of Vera Cruz. The decision was rendered on the grounds there had been no attempt to eject the excess number of priests from their churches, presumably leav- ing the way open for filing of new petitions when such steps have been taken. Thousands of Catholics had wired and written to the judge appealing to him to grant the injunction and while he was considering the petition the churches of Vera Cruz were crowded with worshippers, praying for divine influence to decide the case in their favor. The state attorney general refuted the plaintiffs’ allegation that the law violated constitutional guarantees, arguing no effort had been made to eject the priests. ‘The church authorities have given instructions to all priests in the state to remain in their churches. Catholics, meanwhile, have wired President Ortiz Rubio, asking his in- tervention and asserting that serious trouble is likely to occur unless some conciliatory step is taken. Millers Talk of High Wheat Prices more employment. The ion plans to meet again next week to study plans and specifi- cations submitted from architects with their answers to questionnaires. Thirty-five sets of plans have been by architects from North Dakota, California, Louisiana, Wash- ington, Colorado, Minnesota, Wiscon- sin and other states. Four architects were heard Wed- nesday, although the commission had not. intended to confer with them at this time, because they came from outside the state. A. Bangs, Grand Forks, and ANACONDA PAYS DIVIDEND New York, June 25.—(#)—Directors Anaconda Toledo, Ohio, June 25.—(?)—Flour millers from Ohio, Indiana and Ken- tucky in convention Thursday talked of greater prosperity for the wheat grower. They estimate that the wheat har- vest in these three states this year will be 95,000,000 bushels as compar- ed with the present government esti- mate of 82,000,000. Edgar H. Evans of Indianapolis,|farm tour. The event continued all | chairman of the board of the millers federation, Wednesday urged the millers to buy wheat now if they needed it. He added that there is State Grain Chief Is Dead in Fargo Fargo, N. D., June 25.—(#)—Oliver North Dakota state Knudson, grain er, 3 RO ago - ters here. MIDWEST SWELTERS AS TEMPERATURES | HIT HIGH LEVELS; Marks Near All-Time Records; | lowa Crops Reported in | Critical Condition Chicago, June 25.—()-—Summer | got down to business here Thursday. Still smarting from last week's blis- | ter, the midwest sweltered a new un- der temperatures that neared all- time records. Towa was hardest hit. The ther- mometer went to 105 in Waterloo yes- terday, within three degrees of the state maximum for June. Three men | and a baby boy died from heat. Crops | were scorched by a week of hot winds and were in a critical condition. Michigan, Ohio and Indiana were | moderately cool but Illinois roasted. At Canton, the mercury stood at the century mark. It was 98 at Peoria and Quincy. In Chicago one death was chalked up. Thunderstorms brought some relief downstate. A farmer dropped dead in a cornfield near Quincy. It was plenty hot, too, in Nebraska. Fremont reported 100. Crowded beaches brough four drownings in the last three days. Northern Minnesota was cool, the; southern part seared. New records for the year were recorded in the twin-cities—Minneapolis, 96; St. Paul, 95. The Dakotas were cool but Missouri | was hot, Rains brought a 17 degree drop overnight in St. Louis with the prom- ise of “not so warm today.” The heat j has accounted for seven deaths so far this week in Missouri, although none were recorded in yesterday's welter. WINDS BRING RELIEF TO MINNESOTA CITIES | St. Paul, June 25.—(#)—Cool winds; Thursday caused a sharp drop from} the heat record set in the Twin! Cities. i Minneapolis sweltered in a temper- ature of 96 Wednesday for the high- est mark this year. St. Paul nad 95,; also a record for 1931. While the southern half of the state was burned by @ blazing sun| the northern section was compara-| tively cool. Pembina Boys and Girls Hold Picnic Cavalier, N. D., June 25.—(P)}—An outstanding event of the year for Pembina county 4-H club livestock enthusiasts took place when farm boys and girls gathered here for a picnic, livestock judging contest and day and will draw upwards of 125 4-H club members, Howard Lewis, county coumty at the state fair in Grand Forks will be determined. Devils Lake to Be HILLIG, HOIRIIS LOSE COURSE AND USE UP FUEL ON OCEAN HOP Forced Down, Safe and Unhurt, Near Krefeld, 400 Miles From Copenhagen SPANNED SPAIN AND FRANCE Pair Takes Off Soon Afterward for Denmark, Where Anxiety Had Been Felt Krefeld, Germany, June 25.—()— Otto Hillig and Holger Hoiriis, flying from New Foundland to Denmark in their monoplane, Liberty, made a forced landing here Thursday at 5:30 p.m. (11:30 a, m, E. 8. T.). They were unhurt. The airmen, for whose safety fears had been felt as they were long over- due at Copenhagen, landed with empty fuel tanks. Their plane was not damaged and they resumed their flight to Copen- hagen an hour and a quarter later. The fliers said they had lost their way and had flown over Spain and France thereby exhausting their fuel. Otherwise they said they could have made Copenhagen nicely, Krefeld, which is in the Rhineland, on the border between Germany and the Netherlands, is about 400 miles soupthwest of Copenhagen. The Liberty took off from Harbor Grace, Newfoundland, at 3:24 a. m. (Eastern Standard Time) Wednesday. No report was received about her during the time she was supposed to be making her way across the Atlan- tic. This, however, did not cause any anxiety as the plane carried no radio. Hillig and Hoiriis expected to make the 3,150 mile hop to Copenhagen by 7:30 a, m. (Eastern Standard Time) today, crossing the northerly tip of | Ireland and the North sea to Den- | mark. They had no radio. No ships reported them. No condition as sea that should cause trouble were ap- parent. ‘FARGO MAN HEADS STATE FIRE GROUP J. W. Sutherland, Veteran of Service, Is Honored at Gate City Convention Fargo, N. D., June 25.—(7)—J. W. Sutherland, chief of the Fargo fire department since it went on a paid basis in 1893, Wednesday was unani- mously elected president of the North Dakota Firemen's association. The 1932 convention will be at Ken- mare. A lively contest was staged for the next convention city, invitations having been received from Valley City, Mandan, Carrington and Ken- mare. Mandan withdrew its invita- tion in favor of Kenmare. Kenmare received 123 votes, Carrington 97, and Valley City 35, Other officers elected were C. E. Pendergast, Northwood, first vice president; Frank Mekler, Grafton, second vice president; H. L. Reade, Bismarck, state fire marshal, secre- tary, and L. E. Correll, Casselton, treasurer. Reade and Correll were re- elected. Reade is going into his 35th year as secretary of the association. R. W. Johnson of Hillsboro, W. Will- jams of Oakes, and Michael Heidt of Mandan were elected members on the board of trustees. Thirteen fire chiefs who have at- tended the state conventions three years in succession as chiefs of their respective departments were made life members of the association. They are C. B, Thompson of Linton, F. H. Wigton of Steele, Leif Aarfor of ‘Wyndmere, Anton Wetsch of Killdeer, J. W. Meidinger of Ashley, F. J. Schneider of Ray, Albert Chesworth of Washburn, Chris Nelson of Ken- ‘mare, August W. Krueger of Antler, James Butters of Mohall, L. A. Bon- holzer of Glenburn and Walter Was- son. Local Negro Must Serve Jail Term Charles Taylor, local negro, was committed to the county jail here Thursday to serve 65 days of an un- expired 90-day sentence for violating the prohibition law. Taylor's home was raided three weeks ago by attaches of the sheriff's office, who confiscated a quar:tity of homemade liquor. At the'time of the raid Taylor was under a suspended sentence for a similar offense. Attacked by Troops’ Hold Prisoners in