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North Dakota’s Oldest Newspaper ESTABLISHED 1873 THE BISMARCK TRIBUNE The Weather Fair tonight and Wednesday; colder tonig! warmer Ws BISMARCK, NORTH DAKOTA, TUESDAY, OCTOBER 27, 1931 PRICE FIVE CENTS Hoover Opposes Filipino Aims Storms of Winter NAVY’S NEW DIRIGIBLE IN HER LAKEHURST HANGAR First NORTH DAKOTA IS WARNED TO EXPECT DROP IN MERCURY Weather Man Predicts Freezing Temperatures Tonight; Warmer Wednesday GALE SWEEPS GREAT LAKES Montana and Wyoming Report Heavy Snows; Roads Block- ed in Yellowstone Bismarck and North Dakota were preparing for colder weather pre- dicted for Tuesday night following the first snowstorms of the year in western Montana and Wyoming Mon- day. No snow is predicted for North Da- kota, however. Tuesday morning's forecast said the state will have freezing temper- atures Tuesday night but that it will be warmer Wednesday. It will be fair in the state Wednesday, though cloudiness is predicted for the east- ern portion Tuesday night. Strong winds, which probably will reach gale proportions, have been predicted for all of the Great Lakes, except Ontario, Tuesday night and Wednesday. Rainfall Nears Normal Precipitation totaling .32 of aninch here during the 24-hour period end- ing at 7 a, m. Tuesday brought Bis- marck’s rainfall for the year within one-tenth of an inch of normal. Bis- marck’s moisture deficiency for the year was 2.73 inches Sept. 15, accord- ing to O. W. Roberts, federal meteor- | ologist here. A total of 14.96 inches of precip- Itation has been recorded here since Jan. 1 compared to a normal of 15.06. Precipitation recorded in Bis- marck so far this month totals 1.11 inches. ‘Wind from the northwest here dur- Ing the night reached a maxtmum velocity of about 35 miles an hour. Nol Dakota’s minimum tempera- ture during the night ranged from 38 at Williston to 48 degrees at Far- go. Bismarck’s low was 39. and Devils Lake’s was 40. Precipitation was general through- out the state, Devils Lake recording .58 of an inch for high. Probable rain or snow is predicted for western Montana again tonight. Covered With Snow ‘The mountains of Montana Tues- day morning were covered with snow and roads leading through the south- ern and eastern entrances to Yellow- stone park were clogged by a fall 18 inches deep. Three inches of snow covered Ana- conda. It was swirled through the streets by a blustery wind. Boze- man was beset by near-freezing weather but had but little snow. Western and southwestern Wyo- ming, where a blizzard disrupted traf- fic and communieation lines Mon- day, were colder Tuesday and some snow was falling. Woman Is Captured After Long Siege Sandpoint, Idaho, Oct. 27.—(>)}— Captured after a three day siege by officers of two states, Mrs. Floyd May, 36, faced a sanitay test Tues- day. If found sane, Mrs. May will be; tried for the theft of a rifle and a} can of sour cream; if found insane, she will be committed to an institu- tion, Sheriff Henry Traue said. Called as witnesses for the hearing | were some of the officers who hurled tear gas and smoke bombs at two cabins in the Tumbledown creek re- gion in which she barricaded herself, and deputies who spent three days evading bullets from her 30-40 rifle as they attempted to induce her to surrender. Federal Bank Adopts Lenient Farm Policy St. Paul, Oct. 27—(#)—The St. Paul federal land bank has estab- lished a policy of leniency in farm mortgage foreclosures, President F. W. Klawon said Monday. Returning from a national confer- ence of land bank officials in Wash- ington, ne said the local institution plans to follow a policy similar to that of the state rural credit bureau| and the Northwest Farm Real Estate association. As a result, foreclosures will be made “only as a last resort” Klawon said. In some cases a mortgage on next year’s: crop is being accepted in lieu of interest payments because the bank believes the farmer will be able to “pull through” another year. Two More Members Of Gang Sentenced St. Paul, Oct. 2i—(#)—Two more members of the gang which abduct- ed Leon Gleckman, St. Paul politician and finance company head Sept. 24, last, were seni Tuesday by ae Gustavus Loeinger in district court. ‘They are Joe Jurley, who was given ® sentence up to 15 years and Albert Tallarico, who received two to 12 years in Stillwater penitentiary. Both previously had, pleaded guilty. new acquisition, 3 In the hangar at alr, is small beside the new prid JAPAN TELLS WHY RULING OF LEAGUE WASNOT ACCEPTED Holds Proposal For Settlement of Manchurian Question Was Not Binding Tokyo, Oct. 27.—(#)— With her grip extended from Manchuria into Mongolia, Japan explained Tuesday to the capitals of the world why she considers as not binding the League of Nations formula for settlement of the Sino-Japanese dispute call- ing for evacuation of Chinese terri- tory by Japanese troops by Nov. 16. “Japan feels the urgent need at the present moment is cooperation of the two countries,” said a state- ment cabled to various nations, “and her willingness remains unaltered and unabated to open negotiations with the Chinese government.” The statement reiterated Japan's contention that the “whole Manchu- rian affair was occasioned solely by @ violent and provocative attack by the Chinese army on the South Man- churian railway zone,” which is under Japanese treaty control. “Certain small contingents of Jap- anese soldiers still remaining out- side that zone are insistently de- manded by the danger to which a large population of Japanese in that region are exposed,” the statement continues. “The presence of such a limited number of troops is quite incapable of being represented as a means of dictating to China Japan’s terms for the settlement of the pres- ent difficulties.” The statement emphasized nothing is farther from the thoughts of Japan et to bring ae ee Pressure to bear e course 0! e proposed ne; tlations. ve Japan directed attention to the five fundamental principles which the government advanced as a basis for the negotiations. They relate to: 1, Mutual repudiation of aggres- | Sive policy and conduct. 2. Respect for China's territorial | integrity. 3. Complete suppression of all or- ganized movements interfering with | freedom of trade and stirring up in- ‘ ternational hatred. ' 4. Effective protection throughout Manchuria of all peaceful pursuits undertaken by Japanese subjects. 5. Respect for treaty rights of Japan in Manchuria. Japan extended her grip into Mon- golia when Chinese bandits were re- Ported to have attacked stations and ; trains on the Supinkkai-Chenchiatun j°Taonan railway, which was built with Japanese funds. General Shicero Honjo, commander- |in-chief of Japanese forces in Man- |churia, said Japanese army authori- ties sent a “detachment” of the sec- ond division from Changchun to do (guard duty at various stations. A Mukden dispatch to Tokyo said {one Japanese and five Chinese were killed by Chinese near Taonan. JAPANESE EVACUATE HOMES IN CHINA Hong Kong. Oct. 27.—(?)—Eighty Japanese, mostly women and children, {evacuated Canton Tuesday and start- ed for Japan. } 1 e \ Souvenir Hunters | Beset Edison Home 1 APRRE AIRE Seeeeeee Milan, ©., Oct. 27.—()— Souvenir hunters have descended in swarms upon Milan, the birth- place of Thomas A. Edison. Memento seekers have torn bark from trees about the little brick house where the inventor was born, and picked up all man- ner of objects lying about to take away with them. So many visitors have knocked at the door that Miss Henrietta ‘Wadsworth, its occupant, has re- fused to admit them any longer. the U. 8, 8. Akron, largest dii it Lakehurst, N. J. The Los An; le of the navy. Mrs. Judd to \Home for Mu 8. formerly considered a giant of the jssocinted Press Phot the world, safely berthed beside Start Back rder Hearing Attorneys Say She Will Waive Extradition and Return To Arizona Los Angeles, Oct. 27—(?}—Winnie Ruth Judd plans to start back to Phoenix, Ariz. Wednesday to stand triel for the murder of Miss Hedvig Samuelson and Mrs. Agnes Le Roi, whose bodies she shipped to Los An- | Seles in trunks last week. Attorneys for Mrs, Judd, who said she shot the women Oct. 17 in self defense, announced Tuesday no fight tion £> Phoenix, the scene of the double slaying. Sheriff James, R. McFadden of Phoenix was en route to Sacramento, where he expected to obtain extra- dition papers from Governor James Rolph, Jr. Attorneys for Mrs. Judd intimated an application for dismissal of the habeas corpus writ issued shortly after Mrs. Judd was arrested here last Friday would be made as soon as extradition papers were granted, so she may be returned to Phoenix. A warrant for the arrest of Dr. William C. Judd, husband of Mrs. Judd, was issued Tuesday after a complaint charging him with practic- ing medicine in California without a license had been made by special agents of the state board of medical examiners. It alleged Dr. Judd il- legally took charge of a sanitarium here during the absence of the medi- cal director. The body of Miss Sam- uelson will be sent to Minneapolis after the inquest, time of which is indefinite. FIND BLOOD-STAINED MATTRESS IN DESERT Phoenix, Ariz. Oct. 27.—(#)—The desert Monday yielded what may be evidence in the murder trial of Mrs. Winnie Ruth Judd, charged with slaying Hedvig Samuelson and Mrs. Agnes Anne Le Rol. Investigators found a blood-stained mattress two miles northwest of Phoenix and paritially identified it as one from the cottage where the women were killed. ‘The mattress was tightly rolled and tied with twine. Inside were parts of two sheets, also bearing red stains. Seek New Weapon For Dry Law Work Washington, Oct. 27.—(P)—The government tried out in the supreme court Monday a weapon which it hopes will be materially effective in prohibition enforcement. It. asked the highest tribunal to \rule that personal property found in) places where liquor was being un- lawfully sold could be seized and con- fiscated. To test the question, the govern- ment selected two cases from Butte, Mont., where in February, 1930, two) soft drink parlors operated separately by George Lewis and George Ander- son, were raided and the furnishings of the rooms were seized as well as the intoxicating liquor found. Gangs Work to Save Six Trapped Miners Wilkes-Barre, Pa., Oct. 27.—(P)— Rescue gangs Tuesday were working from different directions to reach six men trapped Saturday night in the. ‘West. End Coal company mine at, Mocanaqua. rs been heard from the! No sound has men since they were made prisoners’ back of hundreds of tons of rock fol- | lowing an explosion. Despite the si- lence, officials expressed belief the! men might be found alive. BORN IN RESTAURANT Washington, Pa. Oct. 27—(7)— Mrs. Bessie Kerr, hiteh-hiking from Ohio in search of work, gave birth) to a daughter in a restaurant here Monday. A four-year-old son, ac- companying the woman on the trip. would be made against her extraai- | WAR DEBT QUESTION HARD NUT TO CRACK Present Arrangement Declared One of Most Intricate In History Washington, Oct. 27.—(P)—If, from jthe conversations of Premier Laval of ‘France and-President Hooer, revision, jof all war debt settlements results, one of the most intricate financial structures in international history must be torn down and rebuilt. The juggling of billions of dollars by the world’s statesmen to the sat- isfaction of more than half a dozen nations would be involved. Chancellor Bruening has already been represented in Berlin as ready to open the reparations question for revision of the Young plan. This is in conformance with the plan of Premier Laval and President ments are adjusted on a basis of her ability to pay, America would view from the same perspective pro- Posals to cut the debts of her former allies, From congress, however, has come no definite trend of thought yet to indicate its eventual attitude toward @ scaling down of war debts. Germany's expected step is to in- voke the clause of the Young plan which permits her to seek revision of reparations upon proof of her inca- pacity to pay. There is no such provision, how- ever, in war debt agreements cover- ing $11,000,000,000 between the United States and European nations. ‘Any effort to curtail these payments would have to be initiated through diploma- tic channels, The Young plan provides that Germany, with total payments to make of about $9,000,000,000 can, if she finds herself unable to meet them, declare her situation to the creditor governments and the bank for international settlements. BANK IS CLOSED The Cleveland State bank, Cleve-; land, N. D., closed as a result of de- pleted reserve, it was announced Tuesday by the state bank examiner. The bank had a caiptal of $10,000,/ surplus of $8,000, and deposits of $51,000. Write Prescription For Ills of| Labor Hoover that after Germany's pay-| xin, Reported in West BALLOT 70 DECIDE PUTURE OF EMPIRE Nation on Little Slips of Paper M’DONALD ASKS MANDATE Group Charges That Party in Power Is ‘Plun- dering the Poor’ London, Oct. 27.—}—Thirty mil- lion British voters, laborer, collier, cockney, and squire, entered election booths Tuesday and wrote on sheets of paper eight inches square their Prescription for the land’s financial | ills. As the tumult and shouting of an unprecedented campaign died, two leading newspapers, one on each side of the issue, rated the importance of the decision. “They are called upon,” said The Times, which supported Ramsay Mac- Donald's call for a “doctor's mandate” for the national government, “to make @ decision which in a single day will preserve or destroy the value of British currency and the solidity of British credit.” “They are called upon,” said The Daily Herald, opposition organ, “to declare that the budget shall be bal- anced, but not by plundering the Poor, and that the currency shall be safeguarded, but not by groveling to bankers.” Throughout the length and breadth of England, Scotland and Wales the polls were open at 8 a.m. In some Places they opened earlier. ‘The consensus of political observ- ers was the national government would win, with a majority of up to | th 200 in the House of Commons, which would be ample to satisfy, Prime Min- ister MacDonald’s “doctor's mandate” request. Where odds were méde Yes- terday, under the guise of insurance Policies and in dealings on the stock exchange they were largely in favor of the national government. The total number of candidates for the 615 seats in the commons Is 1,286, The results from 215 constit- uencies, returning 221 representatives, will be announced late tonight, the others Wednesday. The weather encouraged the ex- pectation of a heavy poll. It was clear, though cold, in most of the gdom. Early voters in some London dis- tricts had difficulty locating the poll- ing booths because of g thick fog. Re- ports from outlying Sections of the city said that traffic was, tied up. The fog developed into thé thickest of the autumn. In one district bell ringers were sent out to guide the voters to the polls. “Follow the bell” shouted the men as they clanged their way through the murky streets. Reports from the country also told of bad weather and fog which was} hampering the polling. Voting be- gan early, however, it was reported, although conditions were about the same in Lincolnshire as in London. North Dakota Youth Reported Improved Minneapolis, Oct. 27.—(?)—Release of two infantile paralysis patients from drinker respirators was an- nounced today at University hospital while a third, David Savage, 13, Du- luth, maintained his long stay in a “mechanical lung.” Fred Kositzke, 18, Appleton, Minn., and Edward Hankins, 19, Enderlin, N. D., were released from respirators. The Savage youth is spending his sixth week in “the lung.” New York, Oct. 27.—(P)—Eu- gene O'Neill had created Tues- day in “Mourning Becomes Electra” what critics generally called his masterpiece. The dramatist’s 14-act three- in-one opus was given its pre- miere Monday. The curtain rose on the first of the three con- secutive dramas, “The Home- coming,” at 4 p. m. At the conclusion of “The Homecoming” at 6 p. m. there was a dinner intermission follow- ing which the other dramas, “The Hunted” and “The Haunted,” were played. The performance ran past 11 o'clock. O'Neill has based the mood of this new drama upon the Greek tragedy, “Electra,” and one feels the unalterable doom of death throughout the performance. Alice Brady, Alla Nazimova and Earle Larimore wen long ova- tions from the first-night audi- ence for their performances. Miss Brady is the only member of the cast who appears in every act of the play. All critics praised her performance as the greatest in her career. was turned over to juvenile author- ities, i The scene of “Mourhing Be- comes Electra” is placed in a Dramatic Critics Hail O’Neill’s New Play as Latest Masterpiece New England seacoast village. | The Mannon family overshadows the town, and itself is overshad- owed by death. General Mannon yeturns home from the civil war to be greeted by a betraying wife, who cli- maxes her hatred for him by murdering him in his own bed. The daughter, Vinnie, vows for revenge but she is ureble to gain the cooperation of her brother, who believes his mother inno- cent. Then the son discovers his mother’s guilt. The puritanical persecution of Vinnie drives both the mother and the son to suicide. And Vinnie, _ half - puritanical witch and half-pagan, is sole survivor and is condemned to MARGK AND REST | OF NATION OBSERVE NAVAL ANNIVERSARY Speeches and Pilgrimage to Roosevelt Cabin Are on Local Program Bismarck joined the rest of the na- tion Tuesday in observing Navy and Roosevelt Day with appropriate cere- monies, Several speakers gave short talks in all the public schools while a spe- cial program was arranged at the U. S. Indian school here. At 3 p. m. uniformed Boy Scouts of Bismarck and Mandan were to stage & pilgrimage to Theodore Roosevelt's cabin at the state capitol,.where Su- Preme Court Justice A. G. Burr was to give a short talk on “Roosevelt.” Governor George F. Shafer will be the principal speaker at a dinner meeting of the National Sojourners in the Patterson hotel at 7 o'clock Tuesday night. Assistant Attorney General Harold D. Shaft will be the principal speak- er on the American Legion program to be broadcast over the local radio station beginning at 7 o'clock Tuesday night. Presentations by the local Post’s drum and bugle corps also will be broadcast on the same pro- gram. U. 8. Flags Unfarled American flags were raised Tues- day morning at all public schools, the Boy Scouts staging appropriate cere- monies, and business houses were to fly the United States colors in the business district. Navy Day essay contests in Bur- leigh and Morton counties were BRITISH ELECTORS [Annual Corn Show To Open Wednesday BG Rows Upon Rows of High Quality Exhibits Arranged On Racks Tuesday FREE PROGRAM IS OFFERED World War Memorial Building Will Be Transformed Into ‘Corn Palace’ Rows upon rows of high quality corn exhibits were being arranged on racks Tuesday in the World War Me- morial building in preparation for the opening of the ninth annual North Dakota State Corn Show here Wed- nesday. The show will continue through Thursday, Friday, and Saturday. Fxhibits this year are expected to equal or surpass in number those at INDEPENDENCE FOR ISLANDS. ASSERTED NOT FEASTBLE NOW President Wants Assurances of Economic, Stability Be- fore Acting DISCUSSED BY CABINET Executive Says Question Is One Which Only Time Can Settle Definitely Washington, Oct. 27.—(%)—Presi- dent Hoover said Tuesday that im. mediate independence for the Phil: lippines without assured economic stability would lead to disaster in the islands. The president said the government must be assured of stability before independence could be granted. He said the matter was discussed at length at the cabinet meeting but no conclusions as to policy had been reached. Independence at some time or other, directly, or indirectly, has’ been promised to the islands by every the record-breaking show of 1930, when 800 farmers entered their prize ears in competition for cash awards and prizes. Most of the exhibits are expected to be in Bismarck by Tuesday night, according to H. P. Goddard, secretary of the show. More than a score of Bismarck bus- iness firms Tuesday began arranging their merchandise displays in the huge auditorium of the memorial building, North Dakota’s “Corn Pal- ace.” A free entertainment program, in- cluding moving pictures, skits by girls from the U. 8. Indian school here, and speeches, will be staged ins the city auditorium Thursday, Friday, and Saturday in connection with the show. Instructive motion pictures on the growing of corn will be shown during the show in the dining room of the memorial building. ‘ Archer Gilfillan, South Dakota hu- morist, and Prof. McKee, of the Mon- launched Tuesday in connection with le observance. Prizes are offered by the Bismarck-Mandan bodies of Scot- tish Rite Masonry. Fifth and sixth igrade students will write on “Theo- lore Roosevelt, A True American,” while seventh and eighth grade stu- dents will have “The American Navy in War and Peace” as their essay subject. The glories of the past and the hopes of the future were entwined Tuesday in the Navy's observance of its 156th birthday. In a world-wide movement, the limitation of its strength through a holiday on construction was under consideration. A slice of $60,000,000 from its next budget is before the ad- ministration. But, on the birthday of Theodore ‘Roosevelt, an ardent exponent of its upbuilding, the navy paused for its annual ceremony. Seafaring routine slipped from the decks of many ships in port and the service kept open house for the nation. At Lakehurst, modernity was sym- bolized in the dedication of a new queen of the air—the giant airship Akron, From the rejuvenated decks of Old Ironsides, Secretary Adams will re- call Tuesday night the magnificent traditions of America’s men of the sea. Urges Adequate Defense On the eve of the Navy's celebra- tion, President Hoover described “the first necessity” of the country as the tana state agricultural college, who also will be chief judge of the corn ‘contests, are the principal speakers for the show. The annual corn show banquet, free to exhibitors, will be given in the memorial building Thursday evening. George F. Will, Bismarck, is gen- eral chairman of the show. BAD LUCK DESCENDS ON WHOOPEE PARTY Illinois Man and Friends Are Robbed Twice and Beat- en Up Once Chicago, Oct. 27.— () — Gustave Brunke, owner of @ roadhouse near Richardson, Ill., and three friends from Burlington, Wis. Albert Mott, Archie Hempel and Henry Knies, were severely beaten and robbed twice during an all-night revel in the borderline counties of Wisconsin and Illinois. Two men were arrested Tuesday by: the Bellwood police and held as mem- bers of the second gang that held up Brunke and his friends. The sus- maintenance of a navy so strong and so efficient that no enemy could ever attempt invasion. At the same time, though, he sald “ours is a force of defense, not of- fense.” He added the armed forces must be reduced to the lowest point consonant with security. “Our problem,” the chief executive said, “is to assure the adjustment of our forces to the minimum based up- on the outlook in the world; tp strive for ower armament throughout the whole world; to promote good-will among nations; to conduct our mili- tary activities with rigid economy; to prevent extremists on one side from underminig the public will be sup- port our necessary forces, and to pre- vent extremists on the other side from waste of public funds.” MUSICIAN COLLAPSES _Minneapolis, Oct. 27.—(#)—Henr Verbrugghen, director of the Min- neapolis Symphony orchestra, col- lapsed at a rehearsal and was taken to a hospital. His condition is not serious. CUBAN CRONE DIES Sanitago De Cuba, Act. 27.—(P)—| Dolores Mesa, believed to have been the oldest woman in Cuba, died to- day. She was said to be 136 years old. inetd tras Marital Mixup Is | Revealed in Court , ? Chicago, Oct. 27.—(?)—Mrs. Gladys Nathan charged Monday that her husband filed a divorce suit against her while they were still on their honeymoon and pay for her sins of asceticism by living among the ghosts of those who have died. The play is marked by the morbid, introspective character- izations seen in most O'Neill works, The revealing scalpel of his pen exposes so many abhor- rent and depressing human traits that the audience was stunned into several moments’ silence at the final curtain before it began an ovation that lasted for fully 10 minutes. kept the knowledge of the action from her for five years. She was married Jan. 16, 1926, she said, to L. A. Nathan, former dress store chain owner. They did not separate for months after the divorce was filed, she said. He won his decree by default in 1928, she said, but she did not discover it until she filed her suit for divorce Oct. 3. She asked that his decree be set aside, and Judge Joseph Sabath indicated he would do 50. pects gave their names as Rudolph Rubis and Joseph Steck of Cicero. They were driving a stolen automo- bile. A blood-stained revolver and clothing was found in their car and $264 they are believed to have taken from Brunke was found in the pocket, of the machine. Brunke drew out $894 from a@ Richardson bank yesterday and start- ed with his friends on a tour of road- houses. About dawn they were held up near Elgin. Brunke was hit on the head with a pistol and the other men were beaten less severely. The. bandits took $600 from Brunke, but, overlooked $266. Soon after the first robbers left, another car drove up and its oc- cupants offered to take the injured Brunke to a hospital. Instead they, took the rest of his money. Austrians Refuse To Pay Tax Levies Salzburg, Austria, Oct. 27.—(F)—| Burgomasters and representatives of peasants’ federations of eastern Tyrol at a meeting here Tuesday adopted unanimously a regolution declaring, they would cease payment of all kinds of taxes beginning October 23. The central federation of the dis- trict tradesmen’s union also met to protest against what was called the costly administration of the country and to demand the resignation of the government. ‘The burgomasters and peasants said starvation is staring them in the face in the outlook for the com-' ing winter. Their action, they de-' clared, was “a lull before. the storm’ which would burst with great vio- lence unless the government alters its agricultural policy, provides a less costly administration, reduces the social burden, fights profiteering and introduces compulsory military serv- ice for better education of youth. DROWNS IN WATER TANK Parker, S. D., Oct. 27.—(}—Climb- ing into a water tank while his mother was away, Bobby Hilbrands, 15-months-old son of Mr. and Mrs. Thomas Hilbrands, living near here, drowned Monday. president and congress since the Uni- ted States took charge of the islands. “The problem ts one of time,” ths president said, adding it was in the rete a the Philippine people that leir independence be asst stability. eek ‘The president expressed his views at @ regular meeting with newspaper correspondents. Only a short time before he had heard Secretary Hurley give a resume of his visit to the Liye ile Hurley is withholdi statement as his conclusions, pending a report to the white house, it is certain he will granting independence at least until important economic adjustments are made in the islands. Meanwhile, those fa ins dependence in ctareietee ahead with plans to press that issue at every chance. The strength of that sentiment is not minimized at the white house. CAPONE IS GIVEN SUPERSEDEAS WRIT BY APPEALS COURT Bond Is Refused, However, and Vice Lord Must Remain in Chicago Jail —___ Chicago, Oct. 27.—(7)—The United States circuit court of appeals Tues- day granted Alphonse Capone a writ of supersedeas but denied him bail pending his appeal on his conviction for evading the income taxes. The Gangster must remain in the Cook county jail under the court’s ruling. Judge Samuel Alschuler read the order and explained that it in no way affects the Il-year sentence and $50,000 fine imposed on Capone by Judge James H. Wilkerson. The ef- fect of the writ is that the marshal may not take Capone to the Leaven- worth penitentiary but will keep him in custody in Chicago until his case is appealed. Defense Attorney Michael Ahern announced that he would leave for Washington Tuesday night to at- tempt to get one of the supreme court Justices to grant Capone bail. If this effort failed, Ahern said, he would ask the circuit court of appeals to vacate its writ of supersedeas so that the gangster could begin his term at Leavenworth rather than stay at the county jail where he does not get credit for the time served. The circuit court ordered that the appeal be speeded up, warning that if Capone's attorneys did not “pro- ceed with expedition,” the court would entertain a motion to vacate the order for supersedeas. Under the ruling, the government must file its brief 15 days efter Ca- Pone’s poet fae been filed, and oral argument In imme eee begi ediately NATUROPATH ON TRIAL sare = Sieh Enleckion, of 4 . Robert Erringtot Fargo, charged with practicing medi cine without a state license, was be- gun Tuesday in Cass county district court here. Dr. Errington operates a nature cure clinic here. a | Capone Gangster | Pleads for Mercy | ee Oct. 27.—()—Philip 2 Chicago, D'Andrea, dapper pistol. bodyguard for Al Capone, inter- rupted his contempt hearing himself upon the mercy of the court. Judge Wilkerson said he pou give his decision Wednes- lay. The court called the ard to the stand after Deen haere ney Michael Ahern announced D’Andrea would ask the court's mercy for carrying a pistol into one during Capone's income tax Judge Wilkerson, questioning D'Andrea, asked: “What are your connections with Capone?” ’m just a friend.” at_ is Capone’s business?” “I don’t know. It's too delicate | @ question for me to ask.”