The Bismarck Tribune Newspaper, December 2, 1931, Page 2

TH BISMARCK TRIBUNE. WEDNESDAY, DECEMBER 2, 1981 2 GRAIN WEIGH - Principals and Scene of ‘Trunk Slayer’s’ Trial ~ STARTS ARGUMENT ~~ IN ELEVATOR CASE ‘Question of Fraud Is Presented | in Hearing By Minnesota Governor St. Paul, Dec. 2—(#)—The defense for the railroad and warehouse com- mission in the. elevator M hearing before Governor F. B. Olson Wed- nesday claimed the second weigh-up) of its contents in August and Sep- tember failed to furnish adequate proof that the first weigh-up in April and May was fraudulent. Colonel R. A. Wilkinson, chief of | the investigation division of the com- mission, declared the status of the grain was entirely changed when the elevator was changed from the classification of a public elevator to @ private elevator on July 28. This change, he said, was made at! the request of the Farmers National Grain corporation which, on July 15, bought the physical properties of the Farmers Union Terminal association, including elevator M and the grain in it. Wilkinson said that after the eleva- tor became a private storehouse, ad- ditional wheat was bought there and Here are three principals and the scene of the “trunk murder” trial Ariz. The building shown is the new $1,500,000 Maricopa county courthouse, in which a jury will determine the fate of Mrs. Winnie Ruth Judd, who killed two of ner friends and shipped their bodies to Los Angeles only to have a suspicious baggageman discover her crime. 7 the case. County Attorney Lloyd J. Andrews will prosecute Mrs. Judd. scheduled to start Dec. 15, at Phoenix, The inset on the left, Judge Howard Speakman, will hear that the status of the commission's inspectors and weighers in the second. weigh-up was that of hired help. Refutes Mullin Testimony ‘Wilkinson made his statement in, objecting to testimony offered in be- half of Senator Gerald T. Mullin, Minneapolis, who instituted the pro- ceedings in which he seeks removal of the three members of the commis- sion. The testimony was designed to Show there was a larger amount of screenings after the second weigh-up| than after the first. The first was made while the grain was the pro- erty of the Farmers Union, while the second took place when it was owned by the Farmers National Grain corporation. Wilkinson said there was more No. 1 dark northern wheat shown in the second weigh-up than in the first, but that even this, regarded as a de-/ fense argument, does not necessarily Produce a correct conclusion. William N. Nash, attorney for Mul- lin, said the testimony was offered to show a large amount of oats and! screenings were taken out of the wheat after it had been graded and) weighed as No. 1 in the spring, in- dicating it was necessary to remove this in order to make possible cer- tification of the wheat as No. 1 in’ the second weigh-up. Additional Grain Bought Wilkinson said the increase in the amount of oats and screenings could! be accounted for by the fact that ad- ditional ‘grain was brought into the storehouse and‘ that, if the offering of testimony was to furnish any reli- able proof, it. would be necessary to show the exact amount of cats and Screenings in the additional wheat) which was brought into the elevator.| The governor asked if the testi- mony could not be accepted on the grounds that action was taken after the elevator became a private store- house in an effort to conceal the al- leged fraudulent grading in the first weigh-up. Colonel Wilkinson replied this was not true because the com- mission had very limited powers in inspecting grain in a private store- house, simply offering its servces as ® convenience. He said the commis- sion had no right to say what wheat should go in or out. Fails in Attempt to Set New Speed Mark Detroit, Dec. 2—()}—Denied a new world’s land plane speed record through a re-check of the time he made in a third attempt Tuesday and the failure of a timer to get a photo- graphic record of the finish, Lowel R. Bayles, Springfield, Mass., aviator, Plans to make a fourth attempt and hopes to reach 300 miles an hour. Official timers who credited Bayles with an average speed of 284.72 miles an hour, corrected the figures Wed- nesday and disclosed the’ actual aver- ge was 281.9 miles an hour. To claim @ new record Bayles had to better by 4.97 miles an hour the old record of 278.4 made in 1924 by warrant officer Bonnet, of France. ‘ ON FIRST JURY HERE Civil Action Is Heard By Judge M'Farland as Burleigh Court Term Opens Four women were selected members of the jury Wednesday morning for the first case at the December term of Burleigh county district court, which opened Tuesday. They were Mrs. A. E. Brink and ‘Mrs. W. G. Worner, both of this city; ‘Mrs. Frank Kocher, Jr., Baldwin; and Mrs. 8. L. Jordahl, Regan. Other members of the jury were ‘Nels Dronen, Driscoll; F. H. Schroe- der, “Driscoll; Theodore Anderson, ‘city; William Hokanan, Wing; Arthur Small, Bismarck; Paul McCormick, Menoken; J. H. Baker and LaVerne Richardson, both of Driscoll. In the first case A. O. Ruble, Dris- ‘on @ note from Adam Eisenbeisz, also of Driscoll. This case was expected to go to the jury about 2:30 o'clock, according to Judge R. G. McFarland, Jamestown, presiding. Following the civil action the court was to hear the case of the State ‘against George Arnett, who is charged with escaping from the state peniten- ‘tiary. Attorney General James Mor: ris was expected to assist State’s At- torney George S. Register in prosc- cuting the case. October Employment In State Decreased A slight decrease in the volume of employment was reported in certain ober, according to R. A. Rottweiler state director of employment. November reports, however, are ex- Pected to show an increase. During October, Rottweiler report- ed, marked surpluses of labor embra- cing building-trades men, male and female clerical and professional work- ers, railroad shopmen, and unskilled laborers were in evidence in many ‘sections at the close of the month. Highway construction increased ‘slightly following awarding of $320,700 in new contracts, with local labor em- ployed as far as practicable. The highway department also announced & program whereby approximately 200 additional men would be provided steady employment in the mainten- ance of highways throughout the state during the winter. Federal work to cost more than $42,- 000 and improvements on an Indian Reservation to cost more than $1,718,- 400 were started. ‘While there was a slight seasonal improvement in lignite coal mining, several mines were either closed or operated with reduced forces. The railroad, clerigal forces, maintenance- FOUR WOMEN NAMED | coll, was attempting to recover $650 | localities of North Dakota during Oct- ! of-way departments, and shop men ram his boat, | OUT OUR WAY By William worked below normal, and some shops were closed completely. Several establishments were closed, including some of the clay products Plants, farm-implement distributing concerns, and household-furnishing ‘AGENCIES PREPARED FOR CHRISTMAS MAIL |Postoffice and Express Firm Wilt Increase Forces When ‘Rush’ Begins houses. | Protege of Clubman | Steals His Motorcar Fargo, N. D., Dec. 2—(#)—Charles | }Dawson of Fargo, is convinced the! ‘Kiwanis club of Fargo took the right ltype of boys to the Kiwanis lake camp | jlast summer. {| But he is doutbul whether the out- jing brought the desired results— igratitude and a little brighter slant yat life. | | Last month Dawson's auto was) visions for increasing their working stolen. It later was found, but the|staffs as soon as the heavy rush be- jalcohol had boiled out of the radiator | gins. and had spoiled the paint. Cigarets| Eight or nine men will be added to land cigars hed been smoked in the/the postal force, according to Harry car and the butts were strewn about Larson, assistant postmaster. Nine jand hot ashes had singed the cush-|men were added to the staff last year. ions. some working inside the office and Sundav three Fargo boys were ar-|others on delivery routes. | rested who admitted stealing five cars, Larson reiterated the annual postal since Nov. 6, among them Dawson's. | plea of “Do Your Christmas Shopping Investigating, Dawson found one of | Karly.” {the boys was one of the group taken| Confident that the current depres- jby him to the camp. Questioned by|sion will not seriously reduce their Dawson, the youth admitted he had|Ohristmas business, the Railway Ex- knéwn whose car it was when hejpress Agency has prepared for @ helped steal it. heavy Christmas package traffic, ac- ; Judge A. T. Cole ordered the boys!cording to L. M. Olson, Bismarck committed to the state training school | manager. in Mandan but a 30-day committment] Nearly 2,000,000 special holiday jwas granted on condition of good be-|package address labels, bearing the havior and the boys were paroled to| words “Do Not Open Until Christ- | ; their parents. . Bese are being distributed to the) | | Wabash Railroad Is _ ‘pine Present trend in the express} 4 | ds up, Olson said. The Rail-! In Receivers’ Hands, way Express Agency Spstates over 95 ic Per cent of the nation’s railway mile-! ge. Olson urged care in the addressing! of packages to be sent from here. Labels may be secured from the ex-; Press company on request. Montanan Returned to) Face Statutory Count) Charles Riley, arrested here last week by Burleigh county police au- thorities, has been returned to Mon- | tana to face a statutory charge. Deputy Sheriff Brown of Fergus county, Montana, left Bismarck Tues- day with Riley for Lewistown. Riley waived extradition proceedings, Convicted Capone Preparations to handle Bismarck’s and outgoing Christmas |made by the federal postoffice and the local branch of the Railway Ex- press Agency, it was announced Wed- y Both institutions have made pro- St. Louis, Dec. 2—(#)—Falling in |last minute efforts to obtain financial aid. the Wabash Railway company Wednesday was in the hands of re- ceivers—the first major business cas- ualty in railroad circles since the stock market crash and subsequent business lull. Unable to meet the operating ex- penses in the face of drastic cuts in freight revenue, the road consented Tuesday to the appointment in fed-| eral court of two receivers, Walter 5. Franklin, St. Louls, newly elected president of the system; and Frank C. Nicodemus, Jr.. New York, assistant general counsel of the road. | isin Is Sunk By Coast Guardsmen Woods Hole, Mass., Dec. 2—(P)—A coast guard speedboat early today brought in as prisoners, thé crew of seven of the New Bedford motorboat Star, which it fired upon and sank otf Westport Beach last night. Two of the seven prisoners received burns as an explosion in the engine room of the Star set the boat afire. |The coast guard boat commander said the Star refused to halt and tried to to the federal peniten- tiary at McNeil Island, Washington. was taken to Leavenworth review his conviction for in- tax law violations. Other members of the Capone gang aré at Leavenworth, ie government decided it would be better to prevent MAKE HER MOVE HER HEAD — My FEETS S1ST AS GOOD AS HER HEAD AN THEY GOT JisT AS MUCH RIGHT AROUND H's House AS HER HEAD. MORE ~ coz SHE NEVER USES HER HEAD an’ T “OD ) ae WILL YOu NO MAKE Him MOVE HIS | § Feer?- HES \ dust COwG IN AN BE = ‘o_. SS SWHY MOTHERS GET GRAY WELL. BOTH OF SHE'D HAVE HER FEET GROAN ABOUT. WAIT, NOW ~T'LL FIND A WAY To MAKE VT BATTLE PROOF . - communication between the Capones ee members of thelr, gape. H TWRN AROOND— fail in Chicago awaiting the oticome THAT WONT DoO- violating the income tax laws. YOUR NECK THEN, 0 THERED STILL SOME THING TO FOOTBALL PLAYER DIES New York, Dec. 2—(P)—Cornelius | Murphy, Greenfield, Mass., tackle on the Fordham university football team injured in the Bucknell game at the Polo Grounds Nov. 21, died Wednes- day morning. It was not determined immediately whether death we: causéd by his injuries, One of the few women diamond cutters in the world is Mrs. Helen: Lewedow, of Pittsburgh, Pa. She learned. | mail quickly and efficiently have been | jto his home at Williston for a few ition of the city building inspector, Gangmen Separated | after the supreme court re-; of an appeal from his sentence for © the art as @ girl in Belgium. (20 PRISONERS ARE GRANTED CLEMENCY |Look Forward to Freedom as Result of Action By State Pardon Board Twenty-five convicts Wednesday looked forward to freedom as a re-j Sult of action of the state pardon! board. | ‘The boatd, at a two-day meeting ending at midnight Tuesday, granted 16 commutations, nine paroles, and deferred 15 cases. Thirty prisoners were denied clemency. Adjournment was taken by the board until December 16 when the remaining cases of the calendar will be considered. Among the cases deferred was that of Charlie E. Simpson, Minot negro, serving a life term for first degree murder since December 7, 1929. He, murder for which he was convicted, claiming he was asleep at the iime of the crime. The board will act on denies guilt of complicity in the}. Sets Air Record RS pian. ek oarigent tata JAMES WEDELL San Francisco, Dec. 2.—(?)—James Wedell, New Orleans pilot, held a new Agua Caliente-Vancouver flight rec- ord. Wednesday and Capt. Frank the case after obtaining further in- formation. Action on the case of Sam Kallel, 70, serving since 1922 for first de- gree murder, is expected to be taken| at the next meeting. M. E. Mattson, sentenced from Cass county in 1923 to ten years imprisonment for sec- ond degree murder, was denied clem- ency, as was D. M. Noah, serving a life term since 1908 for murder com- mitted in Ward county. : The case of Joseph Thronson, sen- tenced from Grand Forks county in 1920 to a life term for first degree murder, was heard, and the matter taken under advisement by the board. Most of the paroles and commuta: tions granted will become effective next spring. Those eligible for re- lease must furnish the board with as- Surance that they have employment, before being freed. A special parole was granted Bert Wallace, serving a 12 year term for first-degree manslaughter. He jwas sentenced from Williams county Jan. 1, 1929, The board permitted him to return | days to take care of business affairs but stipulated he must not return there later. He will be in custody of @ sister at Spokane, Wash. D. M. Noah, serving a life term for murder, was denied clemency. He was sentenced from Ward county and entered prison in April, 1908. About 10 years ago he escaped and estab- lished o business in Arkansas, was re- captured and returned -to prison, where he has repeatedly made un- successful appeals for clemency. The sentence of Jack R. Endicott, serving a two-year sentence for re- ceiving stolen property, was commut- ed to expire next March 25. He was Sentenced Dec. 4, 1930, from Morton county. $5,000 Damages Asked In Suit Against Fargo Fargo, N. D., Dec. 2.—(#)—Damages Of $5,000 are asked of the city of Far- go in an action which went on trial in Cass county district court Wed- nesday. The action is brought by Marie R. Wililams, Fargo, who al- leged her property was lowered in value by the opening of a street. Mrs, Williams charges she erected a house and otherwise improved her property in accordance with instruc- who issued a permit for her house and that she was informed before building that all houses in the block would face a certain street. Then the city has permitted other houses to be constructed adjacent to hers. As a@ result her front yard and the rear yards of the recently built houses are side by side. she claims, and this greatly decreased the value of her rty. Gets Odd Bequest Hawks, who also went after speed ee for the course, had a head- ache. 5 While Wedell rested in Vancouver Wednesday after a flight of six hours 40 minutes from Mexico, Captain Hawks was in a hospital at Yreka, Calif., recuperating from the effects of carbon-monoxide gas which: ren- dered nearly unconscious while he ‘was af ipting to set a record on a south-bound flight. Wedell had planned a round trip. ‘When he learned of Captain Hawks’ illness he decided to “wait and see if Frank is well enough to come back for a race to Agua Caliente.” Hawks, however, from the Yreka hospital, said: “I'm not at all, interested.” Bridge Titles Won ib By Eastern ‘Sharks’ Philadelphia, Dec. 2.—()—Eastern- ers broke a middle western monopoly ‘on four auction bridge championships | early Wednesday and strove to retain: their domination of the contract titles | as play started in that division. A team of four representing the; Knickerbocker Whist club of New York captured the national team championship at the fifth annual American Bridge League tournament. Two members of the team, Baron Waldemar Von Zedtwitz and P. Hal Sims, won the national pair title and} the other two members, Oswald Ja- | ‘coby and David Burastine, were run- ners-up. Pembina Democrats Gather at Cavalier! Cavalier, N. D., Dec. 2.—(4)—Speak- ing at a meeting called here by the Pembina County Democratic organ: ization, Fred ©. Vosper, Neche, prom inent in the North Dakota Taxpayers’ association, appealed to candidates to declare themselves in favor of tax} reduction. The meeting was held Monday in the courthouse. Promi; gress at the last election, were speak- ers. Use the Want Ads We Have COAL, $3.00 PER TON In load lots. Good dry lignite from # deep mine. Stove wood for sale prerlt ‘We haul ashes by the week or load. T. M. BURCH Phone 1132-W 223 12th St. North Capital Chevrolet Company 120 Broadway Bismarck, N. Phone 482 Read the Answer in Kay Clever Strahan’s new serial beginning soon The Bismarck Tribune Changed Our Name Our place of business, formerly kpown asthe A, & M. Tire Service, will be known from December Ist as VOLD’S TIRE.SERVICE The business continuing under the same ownership—same telephone number —and at the same location. We have a complete stock of SEIBERLING Tires, tubes and batteries always on hand. Our tire men are at your command to render efficient tire service of all kinds. : 216 Main H Associated Press Photo CONCESAtWays > Laurence Whittlig, Marietta, Ohio, college student, will receive $10,000 | under provisions of the will of the tate Dr. Charles A. G Gal r gave Whittlig a torn page ligious history and atipu- In bis will that the p should receive quest. The other half of the torn page was attached to the will, Stock Reduction Sale Thursday; Friday, Saturday : ‘Dec. 3-4-5 Watch for our announcement which will be delivered .to your door. step. ore DICK Senne 710 Thayer Phone 279 TER Lees us eT Ons1 Two ee Stor 308 Thir- teenth St. Phone 878 be | VOLD’S TIRE SERVICE BISMARCK, N. D. Phone 356 ae ane Troubles with = Bxooimotor THE SURE-FIRE WINTER GASOLENE Citles Service—one of the country’s ten largest Industrial af on N. B.C. cogst- te-coustend Conadiennetwerk. A CITIES SERVICE PRODUCT CITIES SERVICE OIL COMPANY