The Bismarck Tribune Newspaper, May 24, 1934, Page 7

— THE BISMARCK TRIBUNE, THURSDAY, MAY 24, 1934 , PLENTY OF SEEDIS AVAILABLE FOR USE IN GROWING FORAGE Willson Says Millet, Sorghum and Other Crops Can Be Used to Advantage Five million pounds of millet, sor- ghum and other quick forage crop seed are being held in readiness by the state federal emergency relief administration in case the drouth- stricken areas of North Dakota get rain, E. A. Willson, deputy state di- rector of federal relief work, an- nounced Thursday. The seed is to be distributed to farmers if and when there is suffic- jent rain to grow forage crops that would carry livestock through the winter months. Farmers would be Provided with sufficient seed to plant 20 acres each, “We are continuing to furnish farmers on relief with enough feed to keep subsistance herds so that when ‘we get normal weather conditions, if we ever do, they can carry on in the livestock business,” he added. This program, Willson said, hooks up with the livestock purchasing by the federal government which, in North Dakota, has been placed in charge of Dr. J. H. Shepperd, presi- dent of the North Dakota Agricul- tural college. a Is Rehabilitation Program “What it is,” Willson explained, “is a rehabilitation program. This office furnished in May, and will con- tinue in June, to provide seed for emergency feed crops for those on ead who wouldn’t have a crop other- wise. “I am not acquainted with the de- tails of the stock buying program. But according to tentative plans laid at the Wi conference, it was decided, in the case of mortgaged ani- mals, to pay two-thirds of the price for reduction of the mortgage and one-third to the farmer.” A Minneapolis conference Thurs- day, he said, was to decide upon what price would be paid for the stock. It ig assumed that the government will Pay somewhat more than the market quotations. He said that the report that his of- fice had purchased two million bush- els of oats and barley for the live- stock feeding program was not true. “We have been buying feed and seed right’ along,” he said, “but we don’t need two million bushels to provide feed for one month although by the end of the season it may amount to| Per. that much.” Dickinson Jail Break Foiled by Officials Dickinson, N. D. May 24—(P)— Preparation for a jail break by pris- oners in the Stark county jail have been discovered by authorities and five prisoners are being held in close custody as the result. Occupants of the cells had been re- leased into the corridor to give them more room to circulate about. This gave one or two of them access to the windows. The bars on the one window had been partly sawed through a few years ago in another attempted break and these men com- Pleted the Job, authorities said. Since the discovery of the cut bars the prisoners are being confined to the inner cell block. 10 Beer Retailers Are Held to Court Dickinson, N. D., May 24—(#)—Ten. holders of state retail beer licenses were bound over to district court for trial as the result of hearings held before Police Magistrate Murray Dickson. One other also will face trial. He waved preliminary hearing. A twelfth was acquitted of charges. The men had been arrested on charges, brought by the state beer commissioner, of selling illicit liquor. Fargo Group Hears Rail Board Member Fay Harding, chairman of the North Dakota board of railroad commis- sioners, spoke Thursday before the 1934 convention of North Dakota Telephone association in session at Fa go. | City and County | County Judge I. C. Davies issued a@ marriage license on Tuesday to Tressler E. Grotts of Sheridan, Wyo., and Miss Patrisia Marion Grinsteiner, Bismarck. NAME CADET COLONEL LIVER BILE— WITHOUT CALOMEL And You'll Jump Out of Bed ia Miss Sousa Enjoys Her Sun Bath Even if she is the granddaughter of the late John Philip Sou famed bandmaster and composer, Priscilla Sousa apparently isn't much concerned about music here. She's just enjoying the Cali- fornia sunshine, taking her daily ray bath at Palm Springs, desert resort. CONTINUE from page one Motion to Delay Denied by Judge Thursday Morning ability at a later date is uncertain. A motion by the defense challeng- ing the petit jury has been denied by the court, which also quashed demur- rers to the indictm@nt charging the nine defendants with conspiracy to obstruct operation of an act of con- gress, Still before the court for a ruling are the demurrers to the second in- dictment charging the defendants with conspiracy to solicit political contributions from federal employes. Both charges are the outgrowth of the government's allegations that Langer and the eight co-defendants conspired to solicit funds from fed- eral workers for support of the “Lead- er”, Langer administration newspa- D Lanier declared that in view of the testimony of the doctors, it appears Erickson is suffering from a condition, the effect of which was known several weeks ago. Hanley Enters Argument J. M. Hanley, Mandan, attorney for the defendant Harold McDonald, in arguing for the continuance, told the court that “the defense! is con- fronted with a situation of the utmost nee.” importa “We realize it would be inconven- jent for the government,” he said. “Considering the importance of this witness, and the circumstances over which we have no control, we feel & postponement should be granted.” Lanier replied that it is not the Purpose of the government to prevent the defendants from offering all the testimony they are entitled to. He declared, to show the good faith of the government that it does not desire to deprive the defense of any witnesses, that if the defence will have Erickson sign a statement of the facts to which he will testify, the government will admit he testi- fied to those facts, without admitting the truth of the facts. E. R. Sinkler of defense counsel left the courtroom to obtain an affidavit from Erickson, giving a statement jof facts to which he will testify and the affidavit was returned to the court as Judge Miller gave his rea- sons for denying the motion. Erickson Not On Trial Erickson, the court said, although he is one of the defendants, is not on trial at this time, because the gov- ernment recognizes he is ill. ‘The importance of Erickson’s pres- ence, Judge Miller added, is that he be here because he is a material wit- ness for the defendants on trial. In opening his talk leading up to a denial of the motion to postpone the trial, Judge “Miller said “this is an ‘unusual situation.” “Unquestionably the government has gone to a great deal of expense and preparation in preparing for this case. The date of the trial was known to the defendants and govern- ment a long time ago.” Besides Erickson, the court . said, ae are eight other defendants on trial. “It now appears one of the defend- ants not on trial, but a material wit- ness, is ill. Doctors are unable to state when it would be safe to move him from the hospital, whether it will be ten days or a month.” The court said the case is of im- portance because some of the defend- jants are engaged in a campaign for thigh office. The court called attention that the defendants are charged with an of- fense of moral turpitude, and because of the political campaign it is import- jant to the defendants and the pub- lic that the case be tried now. Lanier Offers Affidavit ° Following the denial for contin- | uance, Lanier asked to introduce in- | to the records a government affidavit j answering the defense motion chal- |lenging the method of select:nz_the MUST HIONED a 4a MG ave What a hit the Super Series Frigidaire ’34 makes with its automatic defrosting! But that’s only one feature of this fine Frigidaire '34. There’s automatic ice tray release, too; and double Hydrator capacity. Then, interior lighting; the Sliding Utility Basket; the new Frigidaire Servashelf; and Lifetime Porcelain, inside and out! Better come in and see these conveniences for yourself! BUT ISN'T DEFROSTING A NUISANCE?" BE THINKING OF REFRIGERATORS Better still, have them for yourself. We've made it very easy! TAVIS MUSIC CO. Phone 762 Frigidaire Dealers Everywhere 417 Broadway Buy Your Frigidaire now $8. 75 Down Balance in Easy Monthly Payments petit jury panel. The statement was sworn to by F. 8. Talcott, deputy clerk of court, and confirmed in a secoad affidavit by J. A. Montgomery, clerk of cour’ since 1890. 1890. Talcott’s statement flatly denied that the jurors had been picked by any other than the usual method. Talcott swore that in conjunction with the jury commissioner, W 8. Hooper, the general practise follow- ed in the district court is for the clerk, or one of his deputies, and the. jury commissioner to divide the coun-/; ties of the state and to ask some per- son in these counties to forward to the clerk’s office a list of names of men qualified for jury service, the number depending upon the popula- tion of the county. The names are then placed in the jury box by the clerk, his deputy, or the jury com- missioner. The main qualifications of the men are that they are citizens of the United States and of the state ‘and are capable of judging a case in- volving $3,000. Politics Not Considered No reference is made to political Parties, the statement reads. The de- fense, in its motion, contended that the Nonpartisan League had been discriminated against in that fow Le of that party had been call- The jury box, the statement by Tal- cott continued, is always maintained with at least 300 names and usually has contained more than 500 names. When the court orders names drawn from this box, the following at least 400 of which were there prior to the order for the grand jury to eran the case now being tried. nts fednesday’s Developme: Development at Wednesday's court session included: A motion by District Attorney P, Lanier that the defendants be tried Jointly, the motion not to apply to Erickson in view of his iliness, Denial of a defense motion chal-|m. lenging the petit jury as having been selected ly. Denial of defense motions to quash the two indictments returned against the defendants by @ grand jury. Overruling of @ demurrer entered iby defense attorneys to the indict- ment charging conspiracy to obstruct an act of congress, with the decision held in abeyance on demurrers to the second indictment charging conspiracy to solicit political contributions from federal workers. Both indictmerits are based on the government's allegations that Langer and the other defendants conspired to solicit funds from federal workers for After the eight defendants present had entered their pleas of “not guilty,” U. 8. Attorney Lanier moved for trial jointly of the accused men. The motion, he said, did not apply to Erickson. Sinkler arose to make the defend- ants’ request for a continuance until Erickson could appear. “Erickson is a material and indis- Pensable witness to the defense,” he method always has been used, the)Said. “I desire a continuance until statement declares: first, one was selected by the jury commissioner | he: and then one by the clerk, or his deputy end so on until the number ordered by the court has been drawn. This procedure was used, accord- ing to Talcott's statement, in the drawing of the grand jury which in- vestigated the case of Langer and as- sociates as well as in the selection of those named for the petit jury now in attendance. The last names, he added, were placed in the jury box during February and March and at that time 520 names were in the box, such a time as he can be produced re.” The judge asked how long he thought it would be before Erickson would be well enough to appear to which Sinkler replied, “I am informed by his doctor that he has been improving for three or four weeks. We were hopeful to have him here but are informed that it will be 10 to 30 days until he can Safely leave the hospital. The court reminded Sinkler that it would be three or four days before the government would be ready and that W. as to Erickson’s physical condition. ably could appear by that time, “Your honor knows that he is an important witness in this matter,” Sinkler repeated and requested a re- cess in which to prepare an affidavit Affidavit Prepared Judge Miller honored his request. Court was not resumed until 4:10 p. J. M. Hanley, attorney for the de-| fendant Harold McDonald, read to| the court the affidavit which had been prepared during the recess. It contained the statement of Dr. M. W. Roan that since April 27 Erickson has been confined to the St. Alexius hos- pital, Bismarck, suffering from Bright's disease; that it would jeo- Pardize the defendant's life to be} moved from the hospital bed; that he | is now improving and if he continues to do 80, as he is expected to do, in; four or five weeks he should be able| to attend the trial; and that in his) Present condition, he suffers from low blood pressure and a weak heart. An affidavit was then entered by Sinkler, as attorney for Erickson, stat- ing that the trial cannot proceed safely without Erickson, and outlin- ing the points on which Erickson planned to testify for the defense. Statement Denies Conspiracy The affidavit said Erickson will testify he never had entered into a conspiracy with any of the defendants named in the indictment; that it was never the defendant's purpose to de- fraud the government or corruptly administer an act of congress for the purpose of promoting a newspaper; that he never entered into any con- nivance with any of the other de- fendanta, for the purpose of requiring federal employes to make payments as insurance of holding their jobs, and that he had no knowledge of a conspiracy existing among any of the men named in the indictment. Erickson, the affidavit stated, is the sole owner of “The Leader,” having purchased the newspaper from E. J.j| Conrad in the spring or summer of last year. if Erickson was improving he prob- ‘The affidavit concluded with the statement that “the defense hear go to trial without his (Erickson’ two physicians to conduct an exame ination as to Erickson’s health. Judge Miller, before adjourning court, said he wanted a thorough examination made. | Today’s Recipe | -—_—________—__—-+ knives. Beat egg with cream, 44 cup to start with. Make a well in the center of the dry mixture pour in egg and cream mixture. until well mixed. The dough be quite soft. If too stiff cream, Turn onto a lightly into a in [ molding board and roll about % inch thick. Cut and prick with a fork. Bake in hot over for 15 minutes. The oven should be 425 degrees Fahrenheit. KILLED AT TAPPEN Tappen, N. D., May 24—()—Henry Stanke, farmer south of Tappen, was killed Thursday afternoon when & i | when the train hit the car. CLAIM 6,000 KILLED More than 6,000 Paraguayan soldiers were killed and at least 12,000 wound- ed in a Bolivian counter-attack be- fore Fort Ballivian, according to an official dispatch Thursday. 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