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North Dakota’s Oldest Newspaper ESTABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, MONDAY, OCTOBER 19, 1931 The Weather Partly cloudy tonight and Tues- day; colder Tuesday. PRICE FIVE CENTS Thomas A. Edison Dies Sunday; Will Hold Funeral Wednesday Capone Convicted; May Ask for New Trial Great Figure Dies DEFENSE LAWYERS READY 10 REQUEST DELAY IN JUDGMENT} Maximum Sentence Possible Is 17 Years in Prison, $50,000 Fine GUILTY ON FIVE COUNTS Jury Holds Defendant Failed to File Income Returns; Evaded Levies Chicago, Oct. 19.—(#)— Federal Judge James H. Wilkerson Monday; granted counsel for “Scarface” Al Capone a continuance until Friday on the hearing of their motion for an arrest of judgment following his conviction Saturday for income-tax, violations. The hearing was to have been held Tuesday. The maximum sentence for the totalling $50,000. The high- est- sentence ever given out in the so-called gang- ster-income t@x cases, however, is five years against| Jack Guzik, Ca: pone’s No. 1 help- er. The jury found! counts in two in- dictments charg- ing him with in- come-tax evasion. Defense attorneys said that in the jury’s selection of the guilty counts are “unusually good grounds for! ‘The jurors found Capone guilty of evasion of taxes during 1925, 1926,| and 1927, and also convicted him ilure to file returns in 1928 and 1929. The charges in the first three years constitute felonies and in the later years misdemeanors. Legal authorities said that if Ca- pone’s attorneys desire to take the case into the higher courts they could delay his entrance into prison for two years, even if in the end the verdict is sustained. Capone appeared to be not dis- pleased with the verdict. ‘The verdict was regarded, however, as a victory for George E. Johnson, federal district attorney who in- vestigated Capone's activities and prosecuted the case before the jury. New York Banking Official Indicted New York, Oct. 19.—(?)—State Banking Superintendent Joseph Broderick and 28 officials of the Bank of United States were indicted Monday. Three indictments were returned against Broderick, two charging neg- lect of duty and a third charging conspiracy. The indictments were returned by the January grand jury which has been investigating the oo of the Bank of the United States. [nti] Johnson (above) Wilkerson (below) - fa German Miners Are Entombed by Blast Herne, Westphalia, Germany, Oct. | 19—(P)—Almost the entire shift of 67 miners was temporarily entombed this morning at the Ont Cenis Colliery near here by what was believed to have been an explosion of fire damp. Although definite information of the number of deaths was unavailable, one report said nine dead and 27 in- jured had been brought out by noon. Many were known to have escaped unharmed. Love, Romance And Mystery Beginning with this issue The Trib- une offers its readers one of the fin- est serial stories ever presented for their entertainment. It is “Gems of Peril” which adds to an intriguing mystery the elements of love and ro- mance, with just enough horror and suspense to make it doubly interest- Begin this gripping story in The ‘Tribune today. If you do, you will be watching for the succeeding instal-| Republicans, 214; Democrats, 214; | Cass ments. Shelter for These! sled BRITISH SURRENDER IS RE-ENACTED AT CEREMONY MONDAY Great of Many Nations Gather At Yorktown For Sesqui- centennial Fete Yorktown, Va., Oct. 19—()—This tiny village of history, Monday ex- Perienced its greatest thrill since} Lord Cornwallis surrendered 150 years; ago to end the war of Revolution. Tens of thousands of Americans, | distinguished foreign guests, mem- bers of the president’s cabinet, gov- ernors, diplomatic officials and high- ranking army, and navy officers as- sembled to hear President Hoover de- liver the sesqui-centennial address and review, in company with Marshal! Petain of France and General Persh- ing, the re-enactment of the stirring dramas that made Yorktown synony- ‘mous with the birth of the republic. The four-day observance of/ the sesqui-centennial of the capitulation of the British on this spot, October 19, 1781, reaches its peak with Mon- day's events, announced by a salute of twenty-one guns from a mighty armada anchored in the York river, as the Battleship Arkansas, bearing the president, drew into the stream. The position was that of the fleet of Comte De Grasse in the memor- able Yorktown battle, while upon ‘the heights of Yorktown an immense sta- dium faced the trench scarred ter- rain where the surrender was to be Te-enecated late in the afternoon. French, British and American flags fluttered in the breeze, but the tri- color had replaced the fleur-de-lis of 150 years ago. Practically the full strength of the naval scouting force held anchorage in the river, augumented- by the French cruisers Suffren and Du- quesne, and scores of private and |commercial craft of every description. ‘And to give a colonial touch to the iriver, the once mighty frigate “Con-{ jstitution,” her sails furled, swung |with the tide. “Old Ironsides,” was |surrounded by grim muzzles of the: !16-inch guns of modern cruisers. ! |_ The ancient college of. William and |Mary at Williamsburg, itself a hos- pital during the seige of Yorktown, Monday came forward to confer hon- ors on the leaders of the French and American nations as it did in the days following the Revolution. Dr. James! Hardy Dillard, rector and Dr. J. A. C.! \Chandler, president, arrived to con-} fer the degree of Doctor of Laws up- ‘on President Hoover, Marshal Petain, General Pershing, Ambassador Paul Claudel, of France, and Governor Pollard of Virginia. ‘Soion’s Death Again Causes Tie in House Washington, Oct. 19—(?)—Repub- Ncan and Democratic party strength in the next house stands evenly di- vided. | The death Sunday of Representa- | tive Ernest R. Ackerman, 8 New Jer-| poy Republican, left the lineup as fol-/ lows: Farmer-Labor, 1; vacancies, 6. An Appeal to You (An Editorial) Committeees of Bismarck and Burleigh county citizens will take the field Tuesday miorning setking. support for the Red Cross Im ite drive for drouth-relief funds and for the Bismarck Community Chest which supports a number of necessary activities in the city. These men will attempt to contact every citizen in an effort to see that each has an opportunity to give. But it will not be they who ask that you open your heart and your pocketbook and do your full bit to relieve the distress which circumstance and disaster have thrust upon a considerable portion of our population. It is the people to whom your generosity or lack of it may mean the difference between health and misery. The Red Cross and Community Fund campaigns are separate entities and to explain the situation it is necessary to deal with them separately. Take the Red Cross first. This great agency will spend approximately $1,000,000 tn the Grouth area this year, It asks North Dakote for only $200,000, Bur- leigh county for $13,300 of the latter sum. The need for this help actually beggars description. if you have ever seen a mother with her children around her, cold, ragged and weak from lack of food, remember that this situation will be multiplied a thousand times unless you and other Americans rise to this occasion. If you have ever seen a child pale, undernourished, and spind- ling, denied a chance to find its proper place in life, remember that there are thousands of children in the drouth area who face that catastrophe and will have to meet it with the pitiful inadequacy of childhood unless you help, If you have ever seen honest husbands and fathers, driven to desperation and despair by their inability to meet the demands up- on them and by the sight of their families in woeful want, remem- ber that you have it in your power to help relieve them. The picture is not overdrawn. It exists today in North Dakota. Only the united efforts of our citizenry can work out a satisfactory solution, The Red Cross offers you the best and most efficient way. The Community Chest makes an entirely different appeal. It is the business answer to the social needs of the community. From the standpoint of social progress, it is necessary that we maintain and support the organizations operating for the benefit of the boys and girls of Bismarck, They have proved their worth by keeping our young folks occupied streets, by replacing the “ at worthwhile things and off the ’ts” of another era by the “do's” of togay. These activities are keeping down the ratio of juvenile de- linquency and ruined young lives. “No citizen can evade his duty to help in this worthy cause. All who can help should give themselves the privilege. Added to the work among boys and girls is that of the Salva- tion Army and the Red Cross in meeting the every-day demands of the unfortunate or the wayward. strated their value through the years. These agencies have demon- So have the orphanages, the rescue homes and similar institutions which help society to meet some of its most pressing and serious obligations, ‘The Women's Community Council has made its dollars count in extending Bismarck’s hospitality to residents of this trade area and in other worthwhile, if unadvertised, ways, Certainly it deserves support. The Community band is building for the future and adding to the cultural advancement of our city and state. Not to support it now would be an error which it would take years to correct. Another factor which should not be forgotten is the reason for the Community Chest in the first place. It groups all of the city’s welfare activities together, allots to each what it should have and imposes on each the supervision of business management. This relieves citizens of the necessity of giving separately for each of these enterprises. Under the old system the total collected in @ > year usually was greater than the amount asked now. Remember, you are asked to give only once. Take counsel with yourself and determine how much you can give, not how little. And in estimating your obligation to yourself and to your neigh- bor, it might be well to remember “even as you do unto the least of these, My brethren, you do also unto Me.” Find Body of Aged shot to death June 16, last, was found in a swamp along the shore of Cass The finding of the body ended lake. Man Near Lake Shore ~ march for Schoenborn which ex- Cass Lake, Minn., Oct. 19.—(4)—| Lake, who disappeared from his home tended to several states. Schoenborn apparently had com- |The body of August Schoenborn, 73,) mitted suicide. A grand jury accused him of hav- after his wife had been founa| ing killed his wife. PRESIDENT SOUNDS CALL T0 AMERICA TOFIGHT FORWARD Asks Countrymen to Remember Obstacles Surmounted by Nation in Past SPEAKS AT YORKTOWN Progress of Country Since | Washington Won Inde- pendence Is Reviewed Yorktown, Va, Oct. 19—()— Standing where once George Wash- |ington led a ragged force to a great |victory, President Hoover Monday warned that in the face of “tempor- ary dislocations, Americans must re- member that similar obstacles had been overcome in the past as the na- tion swept forward to ever increas- ing strength.” The president spoke on hallowed ground into a battery of modern mi- crophones. He stood surrounded by three sides of a great amphitheatre, ; Seating many of the noted of this country and Europe, present for the pageantry commemorating the ses- jquicentennial of the battle of York- |town. But few of his words touched | | Spoke of the advance of the nation in | the last century and a half. jnations,” he sald, “by which no thought ever comes that an enemy may step within our borders. | Past Gives Confidence “While temporary dislocations come to us because of the World war, we must not forget that our forefathers met similar obstacles to progress time and again, and yet the nation has Swept forward to ever increasing strength. ... no American tan fe- view this vast pageant of progress without confidence and faith, with- out courage, strength, and resolution for the future.” The chief executive asserted that without Washington “the war for in- dependence would not have been won.” “The campaign which led to its final climax here established his mil- itary genius,” he said. “It was the crown of victory which placed his name among the great commanders of all time.” Earlier he described the battle of Yorktown as one of the few decisive battles in the history of the world, as- serting that had it not been won the been altered. of the independence we finally won (Continued on page nine) FRAUD CASE JURY Talesmen Who Heard Foshay Case Fail to Reach Deci- sion in 71 Hours Minneapolis, Oct. 19.—()—Without lindicating what progress it is making, |the jury in the trial of W. B. Foshay ‘and six associates on. mail fraud \charges continued deliberations Mon- | day. At noon it had been out 71 hours. It had spent a total of 15 hours and 40 minutes in the jury room. It was said the jury's deliberation Sunday had been cut short as one juror was slightly indisposed. Sunday the group deliberated until 3 p. m., when bailiffs were asked to return the members to the hotel where they have been in custody ex- cept for court hours since the incep- tion of the trial seven weeks ago. Each of the seven defendants were charged with 17 counts of mail fraud, requiring 119 verdict forms to be filled out by the jurors. ‘The charges grow out of the volun- tary receivership clamped on Foshay enterprises in November, 1929, after their rapid expansion. upon present day problems as he: “It has attained a security amongst | whole course of history would have, “The primary national consequence | STILL DELIBERATING. THOMAS A. Edison, one of the greatest figures which America has con- tributed to the history of the world, died early Sunday. , Thomas NATION MOURNS AT DEATH OF MAN WHO BASED LIFE'S PATH Body Lies in State at Labora- tory; Hoover to Come From Capital DIES IN PEACEFUL SLEEP Wife Holds Hand to Last; Six Children Were Gathered At Bedside A. EDISON DEVILS LAKE BOYS DROWNED SATURDAY ‘Young Duck Hunters Meet Death As Canoe Upsets; One Body Recovered Devils Lake, Oct.| 19.—()—Warren Chidester and John Burkhart, both about 20 years old, of Devils Lake, drowned in Devils Lake Saturday jwhen a canoe in which they were hunting ducks overturned. Burk- hart’s body was found. Chidester’s body has not been recovered. Scores of men with motorboats and | two airplanes searched Saturday ‘night and Sunday and Burkhart's jbody was recovered Sunday night. The search for Chidester's remains is continuing. An Indian youth, John De Grome, | who reported the tragedy to the Fort Totten Indian reservation, was the only witness. His information léd searchers to find the body of Burk- |hart about 150 yards from the shore. 'The canoe was found overturned across the lake. One of the paddles was found near the boat, while the other had drifted some distance. Chidester attended the Citizens’ Military Training camp at Fort Lin- coln here last summer. Shock Blamed for | Death of Aged Man Orange, N. J., Oct 19—(#)—John Ott, 75, who had worked in the Edi- son laboratory for more than half a) century, dropped dead in his home Monday His son attributed the death to shock incident to the death of Thomas A. Edison. FILES OUSTER SUIT Shreveport, La., Oct. 19—(?)}—An ouster suit against Huey P. Long as jgovernor of Louisiana was filed in the {state district court here Monday by Lieutenant Governor Paul N. Cyr. The deadly accuracy of Robert Zerr, Bismarck grocer, in throw- ing milk bottles averted a $150 holdup in the Capital City Satur- day night. About 9:45 o'clock two heavily- bearded men walked into Zerr’s Grocery, 308 Thirteenth St. One was armed with a revolver, the other with a heavy iron bar. Brandishing their weapons, the pair ordered Zerr and Dick Halfenstein, clerk, to “put ‘em up.” As the man with the iron bar backed Halfenstein into a corner, Zerr ducked behind a counter and began an aerial at- tack with milk bottles. The two visitors fled in the bar- rage of bottles and escaped in Grocer’s Accuracy in Throwing Milk Bottles Averts Robbery in Bismarck their automobile, which was parked in front of the store. A recapitulation showed the loss to the store was eight broken milk bottles, two of which hit their targets, and a broken pane of glass in the door. There was about $150 in cash in the till at the time of the attempted rob- bery, Helfenstein said Monday morning, Two boys, in the store when the pair made their entrance, darted out the back coor but failed to get the would-be bandits’ auto- mobile license number as they The two men, who apparently were strangers in Bismarck, wore overalls, Halfenstein said. Decided Easement Seen In Manchurian Situation Better Outlook Cheers Diplo- mats at Closed League of Nations Session Geneva, Oct. 19—(P—A decided] easement of the Manuchurian crisis) was reported Monday following a closed sesson of the League of Na- tions council at which Prentiss Gil- bert, United. States representative, was present. The improvement was noted, it was learned from an authoritative source, both in the military situation in Manchuria and in a more concilia- tory attitude of the Japanese gov- ernment before the council. Operation of the branch. railroad) between Mukden and Hailung was, reported resumed and this was taken here as a sign that Manchurla was returning to more normal conditions. Council members also were encour- aged by news that the Japanese had) cancelled plans for debarking more troops at Shanghai. The council was believed to have considered a Japanese vote submit- ted Sunday night which, after giv- ing a history of the Manchurian con- flict from a Japanese viewpoint, said: “The Chinese government has giv- en assurance that it will protect our nationals and their goods. Japan is extremely pleased with this excellent intention, but she has still some hesitation regarding its realization, especially in the present over-excited State of China herself. “The League of Nations, we are told, would be ready to assume the entire responsibility for the security of our population and their proper-| ties after the retreat of our troca, It would obviously be most fortunate if the legaue could find a way to ac- complish this. “The lives of hundreds of thou- sands of Japanese people and their goods are entirely too important to permit the Japanese government to run risks whch now, unfortunately, are too evident. “The Japanese delegation ardently hopes that the council, considering the situation in the light of real- ities, may assist, through its delib- erate and calm action, its confidence {in Japan’s goodwill, and a just ap- preciation of the circumstances, a real appeasement which 1s desired by all, and this will be in the eyes of the world a striking proof of the moral] authority and beneficence of the League of Nations.” The council learned that there have been some contacts between Chinese and Japanese diplomats in} the far ea8t ‘calculated to be of value for conciliation and, perhaps, for opening diregt negotiations. DISPATCH FROM TOKYO TALKS OF DEADLOCK Tokyo, Oct. 19.—(#)—In view of the deadlock between Tokyo and Geneva over the League of Nations recom- mendations aiming at a peaceful solu- 'tion of the Sino-Japanese controversy over Manchuria, Japan Monday be- ‘came more inclined than ever to look to China for a settlement. New possibilities of negotiations di- rectly with China were foreseen in of- ficial circles here as the result of re- ports that the fall of Chiang Kai- Shek as president of the Chinese Re- public was imminent and the West Orange, N. J., Oct. 19.—()— Thomas A. Edison in death received Monday the homage of the millions for whom he had made life more comfortable. The body of the 84-year-old invent- or, who died at 3:24 a. m. Sunday, lay in state in the library of his labora- tory. Private funeral services will be held here Wednesday in the Edison home in Llewellyn Park, after which all that is mortal of the great inventor will be laid to rest in Rosedale ceme- tery, in Orange. President Hoover hoped to come ie Washington to stand at Edison’s er, Meanwhile Henry Ford and Harvey Firestone, the inventor's two “old cronies,” hastened to West Orange. Edison slipped quietly from a deep coma into a lasting sleep. Holding his hand was Mrs. Edison. At the bedside were his six children. After his death, Dr. Hubert 8. Howe disclosed that Edison, on learn- ing recovery was improbable, did not desire to live. His life's work done, he did not wish to place an invalid’s bur- den on his family, he said. Lies In Library The body was taken Monday to the Edison library, scene of many of his triumphs of invention. There it 1a in state. Arrangements were made for the brary to remain open from 9 < 6 p, m. Monday and Tuesday, to be surrounded day and night by a, guard of honor of four Edison’s Life Story Is Told by Tribune The life story of Thomas A. Edison, great inventor and great citizen, is told by The Tribune in @ special page in this edition. In addition, The Tribune offers @ page of pictures, showing the inventor at work and at play and portraying graphically his rise from @ humble American boyhood to a place among the mighty. employes. The personnel was to be changed every fifteen minutes. The 5,000 employes of the Edison plant and their families were privi- leged to enter the room an hour earl- ier than the general public. The building, standing only a few blocks from the Edison Llewellyn park estate, is a treasure house of the in- ventor’s most intimate possessions—a duplicate of his first phonograph model, a bronze bust of Herbert Hoover, a picture of Edison with Ford, and similar mementoes. A double bal- cony almost sags with thousands of scientific and philosophical volumes. ‘The funeral Wednesday will be on the fifty-second anniversary of Edi- son’s perfection of ‘the incandescent light. His electrical inventions were con- sidered by the snowy-haired genius as the greatest of his 1,300-odd pat- ents, whose value to mankind has been set at $15,000,000,000. Edison’s death ended an 11 weeks’ iliness, which began with a collapse Aug. 1. Saturday afternoon his children, grandchildren, and serv- ants filed through his room. Silently each looked for & moment at the figure sleeping ona white bed, at the head of which was Mrs, Edison. Maintain Last Vigil Throughout, the evening and into the morning’s early hours Dr. Howe and the family maintained their vi- gil. Police guarded the estate. News- papermen waited in the garage, transformed into press headquarters. The news of the inventor’s passing was carried to the reporters by Ar- thur L. Walsh, vice president of Thomas A. Edison Industries, Inc. “Mr, Edison is dead,” he said sim- ply. He appeared pale and visibly Then he read Dr. Howe's formal bulletin: “Thomas Alva Edison quietly passed away at 24 minutes after 3 a. m., Oct. 18, 1931.” Telegraph instruments clicked. Telephones buzzed. In an instant the message was circling the world. Edi- son’s own invention played a part in its transmission. He collapsed in August and dia- betes, gastric ulcers, Bright's disease and uremic poisoning wb wear down the inventor's resistance. The body, escorted by motorcycle policemen and followed by two auto~ mobiles carrying members of his household, was moved from his home to the library of his plant laboratory, @ half mile away, at 6:45 a. m. Mon- day. The general public was admitted to the library at nine o'clock and @ con~ stant stream of men and women Chiang’s political foes, the Canton in- (Continued on page nine) through the quiet room. Walsh re- (Continued on page nine)