The Bismarck Tribune Newspaper, April 28, 1932, Page 1

Oldest Newspaper ESTABLISHED 1873 Lanier and Ban THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, THURSDAY, APRIL 28, 1932 _ Cosmopolitan politan Jury Deliberates in Honolulu _PATBORAMERIGANS |[_Drematic Hichtichs in Massie Trial | IS AT STAKE AFTER SENSATIONAL TRIAL Quartet Charged With Murder of Hawaiian Following ‘Honor Slaying’ DARROW’S PLEA IS INTENSE Attack Upon Wife of Lieutenant by Natives Gave Start to Episode Honolulu, April 28.—(?)}—The jury considering second-degree murder charges against Lieut. Thomas H. Massie and three others resumed de- liberations. at 8:5 a. m. Thursday 12:20 p. m, C. T.) with no verdict in sight. The tension which attended ses- sions of the trial was gone. Judging from appearances, Honolulu had for- gotten the sensational trial of the woman from the mainland and three navy men for killing Joseph Kahaha- wal, Hawaiian. The indifference toward the jury re- flected the general opinion that no verdict would be forthcoming at any early hour. Massie, an officer of the U. 8. navy; his mother-in-law, Mrs. Gran- ville Fortescue, society matron, and ‘Albert O. Jones and E. J. Lord, en- listed men, are charged with slaying @ native who allegedly had confessed participation in a criminal attack on Mrs. Thalia Massie, wife of the officer. After three weeks of maneuvering, challenging, arguing and pleading the case went to the jury along with ‘@ somewhat complicated set of in- structions from Judge Davis. | Has the Alternatives ‘The court ruled the jury could find the defendants, with the exception of ‘Massie, guilty of second-degree mur- der, guilty of manslaughter, or not guilty. For Massie, Judge Davis said bere jury might make any one of these plus a possible verdict of is guilty by reason of insanity. A separate verdict for each of the defendants was ordered. Relating to the defense contention Massie’s mind went blank when he confronted the native with a pistol and heard him confess, Judge Davis instructed that if a plea of insanity hhad been introduced the burden of proof was on the prosecution to show the naval officer sane. Judge Davis said if the jury decided Massie killed Kahahawai and was in- sane at the moment, and had not planned the killing, then none of the defendants could be convicted unless the prosecution had proved a con- spiracy to do things, the reasonable consequences of which would be Ka- ‘thahawal’s death. 4 Penalties Are Severe ‘The penalty for second-degree mur- der, the charge upon which the four were brought to trial, is 20 years to Jife imprisonment. Manslaughter calls for a maximum penalty of 19 years in prison. An intense plea in support of the Insanity defense of Lieutenant Massie end in behalf of the unwritten law. made by Clarence Darrow, and a fiery demand by public prosecutor John C. Kelley for conviction of the quartet, preceded the instructions. Darrow, who in his 75th year came out of retirement to defend the four, argued the gruelling events preceding the abduction and killing were not the work of the accused and that therefore they could not be blamed. He asked the Jurors to apply the gold- en rule. Bringing tears to the eyes of his listeners, Darrow reviewed in detall how Mrs. Massie was bruised and beaten in the attack; how the ordeal preyed on Massie’s mind and how ‘ugly rumors about Mrs. Maasie’s char- (Continued on page nine) Naval Appropriation Bill Passed by House » April —P)— tiation ‘bil tess 000,000 naval appro) defeating a motion to send it back to committee for a 10 per cent cut. ‘The vote on the motion for a fur- ther cut was 198 to 20. Representa- tive Schafer (Rep. Wis.) offered it without comment, but the majority of the Democrats and many Babe licans joined to defeat his proposal. A few. moments earlier the house defeated 122 to 111 an amendment by Representative Darrow (Rep., Pa.) to appropriate $1,000,000 forinitial con- struction on a $3,000,000 naval hospi- tal at Philadelphia. Bankhead Formally Seated by Senate Washington, April 28—(#)—The zenate Thursday formally declared Senator Bankhead of Alabama, en- 1930 election void. Fo Sf £18 as one von epee the election void, and then UEUT. MASSIE Here are striking closeups of the three principals and sketches of outstand- ing incidents testified to in the Massie-Fortescue “honor murder” trial now in the hands of the jury in Honolulu, The testimony of Lieutenant Thomas H. Massie and Mrs. Granville Forteseue concerning the abduction and sub- sequent murder of Joseph Kahahawai reached a climax when Mrs. Thalia Massie defied the prosecution in an attempt to make her testify to an al- leged rift between her husband and herself. HOLD FRESH HOPES POR GETTING BABY Norfolk Intermediaries ‘Over- come Obstacles’ in Lind- bergh Case Hopewell, N. J., April 28—(#)—The Lindbergh kidnaping mystery stretch- ed on toward the end of its second month without a solution Thursday, although Norfolk intermediaries try- ing to get the baby back indicated fresh ground for hope. ‘Meanwhile Salvatore Spitale and Irving Bitz, two New York “go-be- tweens” named weeks ago by Col. Charles A. Lindbergh to deal with the kidnapers, withdrew from the case. ‘Their lawyer, Abraham Kessclmar, said in New York the futile $50,000 ransom payment made by Col. Lind- bergh prompted their withdrawal. He added neither man had any idea who the kidnapers are. “Spitale pleaded with Col. Lind- bergh not 5 Pay this $50,000 through Dr. Condon,” the lawyer said. The Payment was made April 2 in a Bronx cemetery by Dr. John F. Con- don, acting for Lindbergh. John Hughes Curtis, Norfolk boat’ builder, returned home Wednesday from a@ secret mission, the object of which was- believed to be a contact with the kidnapers, Later Dean H. Dobson-Peacock, spokesman for the Norfolk men, said: “We have overcome a number of obstacles that have stood between us and our objective.” Curtis had been gone since Sunday. He is believed to have traveled aboard the yacht Marcon. Schnitzler Funeral Services Conducted Froid, Mont., officials, including several members of the state senate named by Lieu- tenant Governor Hazel Baker as spe- cial representatives of that body, at- tended funeral services for the late er. J..W. Schnitzler here Thurs- ILLEGAL OPERATION RING INVESTIGATED Five Girls Have Died ‘adieu at Oklahoma City, County Attorney Says Oklahoma City, April 28.—(#)—The disclosure that five girls have died recently as the result of what he said were criminal operations was made ‘Thursday by County Attorney Lewis R. Morris, investigating the deaths of two University of Oklahoma, co-eds. The co-eds, Mrs. Frank Lee, 17- year-old secret bride of a university athlete, and Virginia Lee Wyckoff, died a few days ago. Dr. Richard E. Thacker, physician and surgeon, charged with murder in the recent death of Miss Robbie Lou Thompson, 21-year-old Telegraph ‘company employe, has disappeared. Another physician named by rela- tives of one of the dead co-eds wiil be questioned. Morris said before the death of the college girls, his office was working on two other similar cases, His early investigation, he said, revealed several city homes were being used as hos- Pitals. He estimated a “ring of at least a dozen doctors” were performing the operations. An investigator was assigned to check a report that six university stu- dents submitted to blood transfusions in an attempt to save one of the co- eds who died. Rainfall in City Is Nearly Normal Precipitation in Bismarck since Jan 1 has been recorded at 3.05 inches, ‘only .09 inches below normal, accord- ing to records of the weather bureau April 28.—(?)—State | here. ‘Nineteen hundredths of an inch fell in the district Wednesday night as scattered rainfall was recorded thoughout the state. ‘The temperature here was 40 de- §rees above zero at 7. a. m. with a minimum temperature of 39. degrees | PENNSYLVANIA RAGE REMAINS IN DOUBT; HOOVER IS SECURE Kentucky Election Gives Presi- dent 575 Claimed, Pledged Delegates EYES TURN TO CALIFORNIA Smith Says Echo of Bay State Primary Won’t be Heard For Some Time ‘Washington, April 28.—(7)—Hardly noticed in the flurry attending de- velopments in the Democratic race for the presidential nomination, Pres- ident Hoover's list of delegates Thursday had passed the number re- quired for his renomination. As certain as all that had been his selection as the choice of the Repub- lican national convention six weeks hence. Kentucky's 25 votes did the trick when they were added Wed- nesday to his previous pledged and claimed total of 575, three less than required to nominate. The status of Pennsylvania's Dem- ocratic delegation, chosen in Tues- day's primary, still was much in doubt and subject to counterclaims by supporters of both Franklin D. Roosevelt and Alfred E. Smith. There was no question the Massachu- ‘setts three to one vote against Roose- velt had boosted the stocks of the Groups seeking to stop him and had assured Smith of great influence in the Chicago convention. But without loss of time the battle shifted to a distant front, concentrat- ing on next week's three way primary contest in California between the backers of Roosevelt, Smith and John N. Garner. Smith supporters in the East were urging on their Pa- ficic coast colleagues. However, as Smith himself / ob- Served in comment on the result, it will take some time for the full ef- fect of the eastern results to manifest themselves in definite reaction else- where, and show whether the Roose- velt bandwagon can overcome the setback. While the major parties were thus engaged, out in Omaha the national Farmer-Labor convention nominated Frank Eldridge Webb of San Fran- cisco as its presidential candidate, iPicking Jacob 8. Coxey, the mayor of | Massilion, Ohio, as his running mate. ROOSEVELT CLAIMS PENNSYLVANIA LEAD Philadelphia, April 28.—(4#)—Voters in the Democratic primary Tuesday still awaited word Thursday regarding the size of the “chock” former Gover- nor Alfred E. Smith said they had helped put “under the bandwagon.” The Republicans already knew they had nominated Senator James J. Davis for a second term over the op- position of the dry General Smedley D. Butler, elected Rep. Louis T. Mc- Fadden, critic of President Hoover, to @ second term from the 15th congres- sional district, and defeated various Philadelphia candidates who tried to poe the William 8S. Vare ‘organiza- ion, The cumbersome ballot and many Republican contests which impelled the tellers to count that party's votes first held up information as to how far Smith had made inroads upon the 60 to 70 votes Governor Franklin D. Roosevelt expected to win from this: state in his contest for the presiden- tial nomination. Pennsylvania has 76 votes at Chi- cago, 68 cast by as many district dele- gates and eight cast by 16 delegates- at-large. With returns complete from 25 districts of 34 in the state, 33 dis- tricts delegates were claimed for Roosevelt, 13 were listed against him and the sentiment of the other four a ng known to be elected was in In the race for delegates-at-large “harmony” candidates, who had prom- ised to support the popular choice, held the lead and anti-Roosevelt can- didates trailed. Roosevelt headquar- ters claimed 7% votes of the eight to be cast by these delegates, In the preferential expression, which does not bind even those dele- gates who agreed to be guided by it, 6,249 precincts of 8,161 in the state gave Roosevelt 98,468 and Smith 75,- 731, FARMER-LABORITES BACK CALIFORNIAN IN PRESIDENT RAGE Frank E. Webb and Jacob S. Coxey Will Carry Banners in Campaign Omaha, Neb., April 28.—(?)—Frank Eldridge Webb, San Francisco, will carry the presidential banner of the Farmer-Labor party this year with Mayor Jacob 8. Coxey of Massillon, Ohio, the candidate for vice presi- dent. Webb headed the party ticket in_ 1928. ‘Webb was given the nomination Wednesday night by the national Farmer-Labor party convention here, after a bitter two-hour battle to have himself accredited as the delegate from California. This action had been made necessary by a ruling by ‘Chairman Roy Harrop of Council Bluffs, Ia., that Webb had not pres- ented credentials accrediting him as the California delegate and denying him the right to cast that state’s 25 votes. Thirty minutes ‘before the night), session adjourned, Webb succeeded in having himself accredited and was thus empowered to cast California's votes. The 25 votes of that state was the margin of Webb's victory. Others who were proposed for the presidential nomination were Mayor Coxey; Thomas Mooney, labor leader, now serving a prison sentence in California on a bombing charge, and Harrop. At the final day session, the con- vention adopted a national platform laying the blame for the depression directly upon the gold standard and Fea! for the placing of the bank- ing and currency system in the hands of the federal, state and local gov- ernments instead of under private ownership. A guaranteed profit to farmers, un- employment insurance, abolishment of the federal farm board, passage of @ bill to liquidate and refinance agri- cultural indebtedness; passing of leg- islation to prohibit gambling in securities or commodities; issuance of enough legal tender notes by the treasury to pay the veterans’ bonus in full; increased income taxes on incomes over $7,500; reduction of tariffs by international agreement, shorter working hours to reduce un- employment and public ownership of railroad and public utilities were other favored points of the platform. Nonpartisan League Affairs Are Shaped Fargo, N. D., April 28—()—Non- partisan League executive affairs were shaped at a meeting of party leaders here Wednesday. John Nystul, campaign manager and chairman of the executive com- mittee, announced campaign offices will be established at Fargo and Bis- marck with headquarters in the Cap- ital City. Fargo offices will be opened May 8. Bismarck offices will be opened about May 2. Speakers who will open the league's campaign at New Rockford the eve- ning of May 4 will be William Langer, candidate for governor; Ole Olson, candidate for leutenant governor; and A, T, Lynner of Fargo. Attending the meeting here were John Husby, Finley, candidate for commissioner of agriculture and la- bor; Alfred Dale, Bismarck, candidate for treasurer, and Nels P. Simonson, Finley. Deadline for Loan Applications Nears Washington, April 28.—(?)—With three more days remaining in which farmers may apply, the agriculture department has loaned $52,427,000 for the production of 1932 5 ‘These loans, averaging $126 each, have gone to 405,502 farmers. Ap- proximately 50,000 applications are now on file. The reconstruction finance corpor- ation has turned over to the depart- ment an additional $25,000,000. Novice Bank Robber Accidentally Discharges Gun; Nearly Crabs Act Lansing, Ill, April: 28—(?)— The bandit who robbed the Oak -Glen Trust & Savings bank Wed- cashier's cage. “We can’t stay all day.” Bangs Favors Brick For State Capitol Declares Stone Would Cost From $40,000 to $150,000 More Than Brick SPEAKS AT U CONVOCATION Says Proposed Reduction of As- sessed Values Would Re- duce Capitol Fund Grand Forks, N. D., April 28.—(?}— Necessity for economy in the con- struction of the new state capitol building will be emphasized more than ever if the proposed reduction of assessed values is adopted by the voters at the June primaries, George A. Bangs of Grand Forks, chairman of the state capitol commission, told students and faculty members of the University of North Dakota at a con- vocation Thursday morning. This reduction, he explained, would cut the receipts from the millage tax for the capitol building, initiated by the 1929 legislature to continue through 1940. Among the important problems now under consideration which must be determined soon by the commission is the question of the materials to be used in facing the walls of the capitol building, Bangs said. These walls, he continued, are ap- proximately 24 inches in thickness, of which 12 inches will be common brick, four inches dead air space, four inches tile and the remaining four inches will be the external wall facing. The latter, for all practical pi is limited to pressed brick, nich y be a North Dakota product, and as an alternative, limestone, which neces- sarily is a foreign product, he stated. To Consider Policy In making a choice between the North Dakota Product and the for- eign limestone, among the factors which he said the commission must. consider are the policy of the state, durability, precedent and appropriate- ness, beauty and cost. It is the policy of the state to re- strict its expenditures for materials, and employment to residents of the state, Bangs explained. Among the reasons which may be given in support of this policy, he Stated, are that the state should have jurisdiction through its own courts over those who transact business within the state; that it is deemed de- sirable to retain within the state Profits from improvements and ma- terial contracts; to subject such prof- its to this state's income tax rather than to that of other states; avoid de- pletion of resources and taxable prop- erty by letting money unnecessarily be carried out of the state; to furnish employment to resident labor, and to aid the morale of the people by in- creasing their business. It was pointed out that the policy of the state imposes no legal obliga- tion, but that the obligation is entire- ly moral save as the policy finds ex- pression in statutory enactment. In Four Particulars ‘This was said to be expressed in the capitol commission law in four par- ticulars as follows: 1, There must be a North Dakota architect. 2. North Dakota material must be ines a nga of five per cent. 3. rth Dakota contractors must be Fels @ preference of three per cent, 4. Wherever practicable, preference must be given to bona fide residents in all work, labor, employment and Positions. As to durability, it was pointed out that “such choice as there may be favors brick which will hold its color fully as well and will not chip, mar or *|stain so readily; in any event brick will outlast any use to which it may pene in the construction of the cap- Custom has established use of stone in state capitols, Bangs said, but this is weakened by the fact that the ad- ministration unit is essentially a bus- iness block. In the final analysis, he said, appropriateness and suitability depend on the surroundings rather than on the article used. Regarding beauty, the question was said to construct a beautiful brick building, or at greater expense and in apparent violation of state policy, build a more beautiful stone building. Stone More re Stone facing would cost from $40,- 000 to $150,000 more than brick facing, he said. It would require foreign skilled labor to place the stone fac- — ‘Alfalfa Bill’ Opposition of Lieut. Gov. Robert Burns (above) of Oklahoma to ad- ministration policies was believed Pvsateemnard for the interruption of Gov. W. H. Murray's presidential campaign in northwest states, Murray hastened home and voiced objection to Burne’ conduct of state nffaire. EXSERVICEMEN ARE BUSY AT DEMOCRAT gs Forces Clasi JAMESTOWN MAN IS WINNER IN OPENING DEMOCRAT CONTEST Election of G. S. Wooledge as Convention Chairman is Lanier Victory MURPHY PROMINENT FIGURE Party Expected to Start Work on State Office Slate Late in Afternoon STATE CONVENTION | se Rugby, Bismarck, and Ransom County Men Are Backed For State Ticket (By Staff Correspondent) New: Rockford, N. D., April 28—A young but lusty Democratic exservice- men’s league promised to do its part to make the Democratic state con- vention here an exciting affair. At a caucus Wednesday night at which the organization was perfected, approxi- mately 60 exservicemen took part and indorsed Stanley Casey of Rugby for secretary of state and William Schanitz of Bismarck for state trea- surer. On the no party ballot they endors- ed A, E. Thompson of Washburn for superintendent of public instruction. Opposition to Schantz developed in the Burleigh county delegation, how- ever, since some delegates preferred to support Scott Cameron of Bis- marck for attorney general. The idea appeared to be that the Democrats could not indorse three Burleigh coun- ty men for places on the state ticket. Said Not Democrat It also was charged at a meeting of the Burleigh delegation that Schantz is not a Democrat but this met with immediate denial from Schantz’s friends. Opposition to Schantz brought immediate reprisal from the veteran's group. At a caucus Thursday noon they shifted Casey to a candidacy for at- torney general, Schantz to a candi- dacy for state auditor and John McGill of Ransom county as & candidate for commissioner of agri- culture and labor. There also ap- peared a possibility that the veterans would select one of their number to run for a place on the state railroad board. Protest to Convention being candidate for the indorsement of ‘congressman, while R. B. Murphy of Bismarck also was a candidate for this office. The indorsement for mained a wide open affair, with Mur- phy’s name linked for that post, to- gether with H. C. DePuy, Grafton. Tobias D. ford of Pembina were others still in the race. A controversy ensued on a motion Protest was volced at the noon|‘ meeting because no exserviceman was named to a position on any of the it convention committees, and it was considered possible that the oversight would be called to the at-|A. tention of convention officials. Archie O'Connor of St. Thomas, Pembina county, was the leader of the exservicemen’s group, and was pre- pared to make an aggressive fight for recognition of the so-called younger generation. The exservicemen’s bloc of votes to- taled about 80 and it seemed possible that repercussions of this sideline battle over recognition of new Dem- ocrats might have some effect on the various candidacies for the senator- ship. ‘The spirit and motive of the Frazier farm relief bill was indorsed by the convention when that measure was Tax-Writing Senate ppoint Harry Committee Eases Up|necy, t ble, Ransom; and Chris Washington, Al tax-writing a commit- and/tee slowed down Thursday as it ar- lained. With brick facing, he pointed out, money for materials and labor would be spent entirely within the state. The capitol commission has in- structed its architects to prepare the ns and tions so that bids facing gued over the controversial excise and | Who Sarit dens bebe tk eds 98400) 28. — (P) — The|marck. A committee of the ex-servicemen’s eagite, seco Se Cree Meroe Cbg irradi edb resolutions which will be