The Bismarck Tribune Newspaper, June 12, 1934, Page 2

i PARDON FOR ACTION IN FLEEING NATION Bergdoll Offer to Surrender to a Civil Court Meets With Silence ‘Weinsberg, Germany, June 12.—()— Grover Cleveland Bergdoll, Philadel- Phia draft dodger, said Tuesday his offer to surrender to a civil court has been met with silence by the Ameri- can government but that he has re- ceived “ a flood of letters” of sym- Pathy. | Bergdoll, who calls himself “a man} without a country,” following his es- cape from military authorities in 1920, appealed to President Roosevelt in| March for a pardon. He said he would not face a military court-martial. Bergdoll is living here in exile with his wife and four children. Asked whether he might undertake to return to American without a par- don, Bergdoll replied: “As the father of four young chil- dren I could never consider returning! to the United States and surrender-/ ing to a court martial. A court mar- tial can hand out any kind of sen- tence. It might give me 10 years or| even life.” Tracing the history of efforts to; secure a pardon, the exile said “my; mother made her plea to President Roosevelt in January. Very many well-wishers then wrote the president in my behalf. “These writers received replies from a pardon attorney of the department of justice and stated ‘Mr. Bergdoll has not asked for a pardon.’ Thereupon these people forwarded their replies to me with the statement that the de- partment of justice's reply practically indicated I would be pardoned if I made a personal appeal to the presi- dent. “This I did. Mr. Roosevelt was the first president I considered as possess- ing enough courage to grant me a pardon. Then more people wrote the president and the department of jus- tice but since then no reply has been received by any writers so far as I know.” >~——_—_—_—_—___________+ | Bitsof News From | | Throughout World | (By The Associated Press) | ‘ we, @ JEAN CROMPTON After police at Waterloo, Ia., had filled Tommy Carroll with lead, Jean Crompton, taken with him, at first claimed she was married to the Dil- linger gangster. Later she admitted that she wasn’t “exactly” his wife but considered herself such. She had been convicted of harboring the gang- sters at the Little Bohemia resort in Wisconsin, from which Dillinger and his gang escaped, and given a sus- pended sentence of a year in prison. After her arrest with Carroll the sus- pension was lifted and now she’s go- asked, “I don’t remember that part of the ; transaction.” “Having had your recollection re- ‘The Leader’ account?” couldn't say.” ‘As a matter of fact there were a/ number of items of cash that never) | Went into ‘The Leader’ account?” “I don’t think s3, I made very few transfers.” “You do know that cash that came from five per cent assessment at times were not deposited?” “No, I don’t know.” “At times you would retain cash| that would go into ‘The Leader’ ac-/ | count?” | | Recalls One Transaction | Chaput said he recalled the | | to (eae / one | transaction. Stangler was then recalled by the Prosecution for cross-examination and was asked about removal of R. A.| | Kinzer, one of the co-defendants, as | Secretary of the federal relief set-up. | Stangler said he interviewed the |governor, and told him that Sherrard |Ewing, federal relief field represent- ative, objected to retaining Kinzer because the latter had written a let- ter to Relief Administrator Harry L. | Hopkins that was objectionable to | Washington Relief officials. Stangler said Kinzer refused to re- {sign and he went to see the governor |to determine if another place could be found for the relief secretary. | “The governor was busy, and did not give it much consideration,” |Stangler testified. “He said that if there were objections to Kinzer to |get someone else.” | In a later conference with the gov- jernor, Stangler testified, solicitation of federal employes was discussed. | Stangler said he told the governor |of Ewing's objections to the solicita- tion, and the governor “said for us |to go ahead and stop it, to clean it up.” Asked To Contribute Lanier then questioned Stangler whether an assessment was made against him to pay expenses of de- fense attorneys in the present trial, Stangler said “we have been asked |came governor, he had ingto jail, to contribute.” Fy sues, Defense objections prevented Lan- Plan Publie Airing fer from pursuing questioning about Of Munitions Facts) solicitations of other bank officials ee she for expenses of the de- Washington, June 12.—1)}—Possibil. | fe"Se, but on one occasion, before de- ity that public hearings in the senatc/£eNse objections could be entered, investigation of munition manufac-|Stangler said he knew of no others turers’ activities might get under way |!" the bank who had been asked to before the adjournment of congress | Contribute. was seen Tuesday by Senator Nye! | (Rep.-N. D.) chairman of the special | defense rested and the prosecution im- Following Stangler’s testimony, the committee named to conduct the in- |mediately began calling its rebuttal FRENCH WILL DEFAULT Paris—The French cabinet formally decided to default on the war debts installment due the United States quiry. | witnesses, Nye said fieldmen were at work! Four witnesses were called by La- gathering information to be used as; Nier in rebuttal to McDonald's testi- a basis for committee action and that /Mony that he had seen a “three-foot” Sune 15 and a message to that effect was to be cabled to Washington Wed- nesday night. facts already ascertained supported his previous charges in the senate that munitions makers had been in- strumental in promoting war through- sign {identifying the offices of the \reliet administration, in May 1933. The sign they said, had been placed on the office door on the third floor. JAPS ISSUE WARNING ‘Tokyo—Koki Hirota, Japanese for- eign minister, dispatched a warning to Nanking that Tokyo views the dis- appearance of Eimei Kuramoto, Jap- anese vice-consul as a “very serious affair.” THREE DIE IN BATTLE Miami, Okla., June 12—(7)—Jack! Dunaway, 30, a merchant patrolman, and two unidentified gunmen were shot to death early Tuesday in a pis- tol battle. Leaders in Northern League Stay on Top St. Paul, June 12—()—Leaders re- tained their places in the Northern League Monday, Superior and East Grand Forks both coming through with victories. ‘The championship Blues won 10-8 from the third place Eau Claire team, out the world. H. C. Pfenning, Mandan clothier, One of the phases that probably will| testified he had made a seven-by- be taken up early in the proceedings, | €leven-inch sign for the relief admin- Nye said, will be the bearing of muni-/| istration in May. He said the sign tions profits on the conflict between|carried the word “reforestation de- Paraguay and Bolivia over the dis-|Partment” and under those letters puted Chaco territory. The audit and control commttee {the words, “state emergency relief | committee.” Tuesday will consider a resolution| McDonald had previously testified euthorizing appropriations of $35,000| he saw the sign as he “came down the ir addition to the $15,000 already pro-| Stairs from the third floor.” vided for the committee's expenses, | Wasn't There Until November |W. J. Pfenning, brother of the prev- |ious witness and an employe of the |Telief administration, and Ed Ryck- ;man, also an employe, testified re- {garding the smaller sign, and also | described a larger sign approximateiy three feet long, which was placed on jthe door of the relief headquarters jin November, 1933, after the offices had moved from the third floor to \the second floor courtroom, in which ‘the trial now is being held. Ryckman also was asked whether he |recalled any absence on the part of | Mrs. Edith Scott during the month of OO Strange But True Stories of Life (The Associated Press) FIGURE THIS OUT New York—This is “suicide day” in New York. Statistics of the Greater New York save-a-life league show that more persons commit suicide in this city on the second Tuesday THE BISMARCK TRIBUNE, him more distinctly. The prosecution questioned Langer jabout his income tax return which listed the governor's 1933 income at |freshed, would you say that the $500/ $19,068, which the governor said was | League and ‘The Leader’.” draft or cashier's check ever went in- | listed under “law office” because he) “The $19,000 you refer to comes/see if you can ascertain the amount | handled all of his business through his | loffice, including financial details of The Leader’ account?” Lanier asked, | the amount received by you from ‘The his farming interests. He also testified that when he be- | $52,000 due him from his law clients. | Lanier then inquired about contri- | butions made to the Nonpartisan | League campaign in 1932. Langer said that over his protests contributions approximating more, than $6,000, were made to his cam- paign. \ Asked to reveal what corporations had contributed to the fund, regard- ing which Langer testified Monday morning, Langer protested: “I've no objection to giving you and Judge Miller a copy of the contribu- tions, but I don’t think it’s quite fair, in open court, so that the companies will get into the newspapers.” Judge Miller ordered the question answered he had inquired of Lanier: “I suppose it goes to the credibility of the witness,” to which Lanier answered “It does.” Langer listed the Lee Coleman Home and Construction company of Fargo and Goodrich as one organiza- tion to contribute $300. Others listed by name in his testimony were the The Bismarck Grocery company $200, and a “St. Paul Bremer bank.” Defeat Without Newspaper Langer continued, declaring that in discussing the Nonpartisan League's defeat in 1928, “it was felt it was due to the fact that we did not have a newspaper.” “It was agreed that the Nonpar- tisan League establish a newspaper. The next morning I met alone with the Non, League executive committee.” The committee discussed steps to build up the Nonpartisan League and bring it back into power, Langer said. He drew an agreement giving him pow- plans for establishing a newspaper, instituting a membership drive, and agreed to take no corporation cases because it might harm the party's cause. There were several objections from Lanier as Langer continued his ex- planation, and finally the court re- marked, “that is going into all the de- tails. Can't you tell the amount of money they owed you at the time of the election.” Langer replied he could, and gave the figure as $21,000. Lanier asked him to name the items that composed the debt. Langer re- Plied that it embraced “roughly $700 or $800” for office rent; between $2,000 and $3,000 for stenographic help; telegrams, printing and other items, advertising and radio speeches. Other items included travel expense, Postage, and use of his automobile. Langer also explained that he re- funded to P. L. Aarhus, who took charge of the newspaper project in 1928, 20 per cent to 14 men who work- ed under him on commissions. “I returned all that money with the result I was out that 20 per cent,” Langer added. It was agreed, Langer said, that the amount due him was $21,000. Langer said he had cancelled checks showing some of his expenditures in behalf of the League, but that he did not have all of them. He said he had no book record of the expenditures. “Governor,” Lanier asked, “when you were elected in 1932, did you at that time consider that the election of governor carried with it payment of the money you spent for the Non- partisan League?” “No sir. Not as governor,” Langer replied. “You had that in mind,” d. Lanier pressed. “First I wanted to establish a news- paper of large circulation,” Langer answered. “I certainly expected them and the Grand Forks Colts beat Win- nipeg again, 7-2, Moorhead-Fargo failed to take advantage of Eau Claire's loss when it lost, 5-1 to Crookston. J. Stemig polled out a pair of home runs, and coupled with 10 hits and a flock of Brainerd errors, Duluth gained a 12-1 decision. Radio Station KGCU Moves to New Home pees | Radio Station KGCU of Mandan has moved from its former quarters| in the Lewis and Clark Hotel to its| new studio in the recently-construct- ed addition to the Kennelly Furniture Co. building in the Morton county city. Considerable new equipment for the station is expected in the near fu- ture, according to John K. Kennelly, station manager. The Mandan station, several years oid, is owned and operated by six Mandan business firms. Francis Ford is station announcer while James Gilfoy is radio engineer. KKGCU operates on a wave length of 1,250 kilocycles, with 500 watts power. ‘The Mandan station is on the air from noon until 5 p. m. and 7 to 9 p. m. (MST) each week day. KGCU has special hours for Sunday. Consumption of milk and cream in the U. 8. decreased in 1933, The aver- age amount used per person last year was 388 gallons, compared with 40 gallons in 1931 and 1932. In 1929 con- sumption was 40.8 gallons per capita. of June than on any other day. The society has no explanation. Twelve suicides were reported a year ago Tuesday. The daily aver- age is four. imisti: because of illness. Fargoan Opt st c R. A. Kinzer, former executive sec- About Diversion Plan | retary ‘of the teliet committee. testi. August, 1933. Ryckman said he re- called Mrs. Scott had been absent a jhalf-day, and on another occasion ,had been absent “15 or 20 minutes.” ; He said she had had a tooth extract- jed, and had not appeared for work Fargo, N. D., June 12.—()—Hopeful the Missouri river diversion project is to receive early and favorable consid- eration at Washington, W. P. Chest- nut of the Fargo Chamber of Com- merce returned here Monday after spending several weeks in the nation’s capital working with a North Dakota committee on the project. “There is good reason to believe,” said Mr. Chestnut, “that some of the funds provided for work relief in drouth states, under the president's relief plan, will go for preliminary work on the Missouri river project.” Con. NTINUEJP) Prosecution to {rom page one Offer Rebuttal; Case Nears End Lanier then showed Chaput a ledg- | Lanier, er sheet of “The Leader” account in the Bank of North Dakota, showing @ total deposit on Sept. 18, 1933, for “Do you recall that deposit?” Lanier fied she had been absent several days, {and for that reason was “docked” in salary. The prosecution claims Mrs. Scott's salary was reduced because she refused to contribute five per cent jof her annual salary to support “The Leader.” George Hepner, relief employe and former state highway engineer, was called to identify a plat he had made of the third floor of the federal build- jing, showing the layout of corridors | and office floors. | Governor Langer Monday told the jury he received $19,000 from the |fund of “The Leader,” state adminis- tration newspaper, as partial pay- ment for a debt due him from the Nonpartisan League and in repay- ment of money he had advanced for the political organization. Approximately $11,000 of the money he received from “The Leader” went back into the organization fund, Lan- |\ger said. He also testified “The Lead- er” “still owes me somewhere around $7,000 and $8,000.” Cross-examined by District Attorney the chief executive ad- mitted the government's allegations that he obtained funds from “The Leader” account, explaining that in 1928 he advanced money and services to the Nonpartisan League. He fixed to pay their debt to me or to any one else.” $19,000 Paid To Him “How much of this $21,000 was paid you?” “About $19,000.” “You still have $2,000 coming?” Lanier inquired. “I have a good deal more coming. er of attorney, and he too charge of |": TUESDAY, JUNE 12, 1984 jer’ fund?” that a delay would be while “4 “Bince 1932, I have been paying out | the Meal entered a series of ex-| income, he said, with the exception] Wear arm bands of a conspicuous yel hibit It took several minutes. more money for the Nonpartisan Lanier . let the exhibits 156 to 174 “to examine and from the five per cent that went into /0f your income for 1933 exclusive of Leader’ “Not entirely, a good percentage “If the-court please—,” Hanley be- comes from advertising.” “How much from advertising?” Ma ae “I don’t know.” can q governor inter- “You explained to Erickson the | rupted. | “But we don’t see the materiality,” ‘Yes sir.” said Hanley. “Overruled,” was the court’s de- it might: be applied in paying the | cision. debt?” Lanier asked. ;_ It took the governor a matter of “Yes.” tive minutes to go carefully through Asked if Vogel knew of such a batch of beer slips. lan, Langer answered ‘No.” | “Roughly, $9,100,” the - governor ae you tell Erickson to keep it a said after completing his inspection, secret?” and added, “that does not include my “No, I didn’t tell him to keep it a salary as governor and some other secret.” items.” “Erickson was the only one you told’ “At this time.” Lanter sald. taking “payment?” the deposit slips, “we offer in evidence ead a :government exhibits 156 to 174.” Contributions from the St. Paul! Hanlev relterated his objection— bank had been secured by Frayne “no 2 teriality to the issue in this Baker, he said. “I don’t know the case.’ name of the bank—as I remember it,| The court interpoced, “I think the it was a Bremer bank; the contribu- ‘governor's testimony is clear enough tion was $250 or $300. | unless you offer some purpose other be ‘was some tire company. | —: yoru ame te me redgehon ger Al Lanier exviained that the exhibits they claimed to have contributed $250 ‘came into the government possession or $500 and were entitled to all thejas grand jury evidence and that he tire business of the state highway de-| Would like to have them introduced partment. into the records to avoid their loss. “There was some insurance com-} “We do not offer them in contra- pany—I don’t know the name—they |diction of the governor's testimony,” by another expert. It included all of his state salary as governor which was exempt. He did not look upon moneys paid him by “The Leader” as income, he said, but as a repayment of money he had advanced. He said he listed all income under the heading “law| office” because he handled all of his business through his office, includ-) ing financial details‘ of his farming interests, In addition to the $21,000 which he testified was due him, other monies were owing him from “The ‘Leader.” He said he had paid out more for “The Leadet” this year than he had received from “The Leader.” During 1934, he said he had ex- Pended “roughly” $2,500 for various organization expenses. Of this amount, he said, $2,245.22 went for organization expenses, while $100 went for cartooning in “The Leader” and $137.50 for photographs. “Leader” Owes Him He said he considered the $19,000 he received from “The Leader” as League funds. Of that amount ap- proximately $11, went back into the work of ‘ Leader,” he said. He testified “The Leader” “still owes me somewhere around $7,000-$8,000.” None of the expenses of his cam- Paigning was charged against the state, he testified, but came from “The Leader” funds. “I would draw my personal check against my own account, and when I was short of money I would be reim- ‘tite by ‘The Leader’,” he explain- were supposed to have contributed {Lanier said. “but to corroborate it.” $500. It was supposed to have been| As Hanley repeated his objection. given to John Nystul, in five $100 bills, | Lanier said, “very well, we withdraw “Some construction firm in Fargo—|the offering.” He then handed the I forget the name—claimed to have court reporter another exhibit to en- given several hundred dollars—in the | ter. neighborhood of $500. Frank Vogel/ To Langer, finally he gave the new gave me that information. exhibit and said, “we exhibit here an “Don Burritt of Fargo was supposed ae copy of your income tax to have collected several thousand |return?” dollars from some corporations in Rented Sine euieaae Memnne: ue a THA S SIE Fomn SE OC THEY iy as to tie credintlty ot the wik- “Did the Standard Of1 company |Ness.” give any contributions — that you have any record of?” Tax Returns Exhibited Hanley took the exhibit to the gov- “No, sir.” ernor for further identification. “Did you find any railroads con-| “This is the final return,” the gov- tributing?” ernor stated. . “No, sir.” hg he aes ane Le the C " court, “ le matter urn ae is of no materiality to any issue in Bankers’ Aid Was Ramor “pid the State Bankers association The court overruled. saying it ts contribute?” “No sir, that was just» rumor that | Witness.” came to me, but I could get no posi- tive proof of it.” replied Langer. Lanier delved once more into the |Mencement of the solicitation of 5 per question of Langer's law practice and this case.” “material as to the credibility of the Lanier began his questioning with “governor, did you after the com- cent among employes or shortly be- % fore, advertise in ‘The Leader’ or any ce ia ta a other medium the fact that you ex- “You stated that in 1933, there was|Pected to repay yourself this $21.000?” owing from your law practice—past due—accounts totaling $52,000?” La- {Cause I didn’t expect to repay myself nier inquired. “Yes,” “No sir,” the governor replied, “be- at that time.” “Now,” Lanter said, showing him During the year 1933, how much|the copy of the income tax, “is that was collected?” & photostatic copy of your return for “I don't know—it’s in the deposit | 1983?” slips—let me have the deposit slips and I'll tell you and give the items,” replied Langer. “Well, in 1933, how much was col- lected through “The Leader’ account?” “Yes, true and correct.” “You schedule here $19,068 as your income? “You een le it as income of your Langer was excused and R. A. Kin- zer was recalled for further cross- examination. “After you ceased working for the FERA in August, 1933, did you go to work for “The Leader’?” asked “No sir.” “In September, 1933, did you draw a check from ‘The Leader’ in the sum of $50?” “No sir.” “February 10, 1934, did you receive @ check from ‘The Leader’ for $149?” “That was for hotel expenses at Valley City during the convention of Deaf or blind persons in Germany lo , bearing a triangie of large black, dots, as a warning to motorists. YOUR GROCER HAS THIS SUNNY WAY TO BETTER HEALTH Check Common Constipation with a Delicious Cereal Eee Mat hom you took For'ing feel and how you 3 mance, you need plenty of “bulk” with your meals to avoid the risk ‘ of common constipation. ‘ This ailment frequently causes | headaches, loss of appetite and Ud ergy. Yet, in most cases, it can overcome pleasantly and safely by eating a delicious cereal. Kelloge’s Att-Bran furnishes “bulk” in convenient and concen- trated form. Laboratory tests show the “bulk” in Att-Bran is safe and effective. In fact, it is much like that found in leafy vegetables. Within the body, the fiber of ALL- Bran absorbs moisture, and forms a soft mass. Gently, this clears out the intestinal wastes. In addition, Att-Bran provides vitamin B and iron. ; Isn’t this sunny way better than eee atent medicines — so often harmful? Two tablespoonfuls of ALL-Bran daily are usually suffi- cient. Chronic cases with each meal. If seriously ill, see your doctor. ALL-Bran makes no claim to be a “cure-all.” Enjoy Att-Bran as a cereal, or cook into appetizing recipes. Be sure you get Kellogg’s Att-BRAN. It contains much more needed “bulk” than part-bran aa ae. the red-and-green package. Made by Kellogg in Battle Creek. the Nonpartisan League. I never got any check against ‘The Leader’ ac- count, though.” “I'll show you a check dated Feb- Tuary 5, 1934, in the sum of $397.50. Did. you get such an amount from “The Leader’?” “No sir.” “Til ask you if you received a total of $96.50 from ‘The Leader’?” “No sir.” “Who gave you the funds?” “I dont know where they came from.” “Somebody gave them to you.” “No sir.” Kinzer launched into an explana- tion: “I was ordered to draw checks on the Bank of North Dakota and they were honored.” “Who ordered that?” a governor, as I remem- “On whom were they drawn?” “Drawn on himself, as far as 1 remember.” GENUINE Goodrich Quality Tires Denies It’s His Signature He was shown one of the checks, and denied his signature’ appeared COST NO MORE as endorsement, although he said “Between $13,000 and $15,000, ap- |!8W office?’ soon retrace ere proximately,” Langer answered. <xes, that it true.” “The balance THAN ‘was collected in|, Lanter said, “We should now like| drew it.” He could not identify thel, i. , : 19342” to pass this exhibit to the jury.”| handwriting. He turned to the judge} oB i Se veaneie” Each of the jurors took the egpy of] asking to be allowed to explain. argain- ie vias ‘coll 4 from | the income tax return and stud: it} “What's the matter, Mr. Kinzer— H FSD Gait Ine eencesint Dole carefully. can't you answer the question?” ask- Built Talked to McDonald ed the judge. He then said he didn’t “Governor, I'll ask you if about|know what fund the money was June 1, 1933, at the Patterson hotel,|drawn from or who drew the checks. you had @ conversation with Herold| He identified his signature on a McDonald regarding collection of| $50 check and a second signature as five per cent assessments of contri-|that of his son, Joseph, then ex- “I couldn't tell. I got from the law office everything between what I got from ‘The Leader’ and total de- Posits for that year.” Langer stated. “Have you any record in your of- fice or elsewhere showing how much you got from your law office?” La- Tires nier persisted. “No, sir—the only records are the deposit slips you have in evidence.) 1 You produce élips and I'll gladly show you the items.” The deposit slips were produced, and Langer looked up after scanning butions against employes of the Uni-| plained, “I didn’t know it came from versity of North Forks?” Lanier asked. at Grand was about a watch he was sup- posed to have lost when he was ducked in. the river,” answered the governor, “Well, you knew that at the time them fora moment, “this isn’t all of] he was dropped in the river, he was them—I haven't got the first part of| up there making solicitations at that the year 1933.” “Which are missing?” asked Lanier. “January, February, March, April 7” “Of the employes you mean?—yes.” On re-direct examination, Langer “Yes sir, but not about collections. | issued.” and May, 1933,” answered Langer./ testified his income tax return to ‘The slips were produced and the court| the federal government had been declared a recess to give Langer an|made on a basis of December to I have been paying out money. I've | opportunity to study them. half.” “How much came from ‘The Lead- been paid back out of the $21,000 cat Deposits Slips Gone Over NEW AND IMPROVED CONOCO GERM PROCESSED MOTOR OIL WINS THE TERRIFIC “DESTRUCTION” TEST! DARING, competitive test—and what a result! New and Improved test. All cars were driven under AAA supervision, under exactly the same.con- aii ee Si Oar “I Can Work Every Day Now” If you must be on the job EVERY ee: take Lydia E. Pinkham’s Tab- discomfort. If you take pT ayn . larly: . and if yours is not a sur, Ask Your Z 50¢ the amount at $21,000, Langer was on the witness stand practically all day Monday. 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Wholesale and Retail 917 MAIN AVENUE PHONE 82 ‘The Leader’ account.” He said he “didn’t know they were Governor Langer, he testified, gave him the check for $50, about the same time the check was dated in September, 1933. Kinzer said he was instructed by the to draw checks on the Bank of North Dakota, and that they would be honored. The instructions were given by telephone, he testified. On re-direct examination Kinzer said he had been instructed to “pay for.all the rooms I could get at Valley City. The check for $397.50 was to cover the cost,” he said. A check would be deposited to cover the amount of the check he had written in each case, he pointed out. eset seh oone meee supervision. Com Phone 8 M. B. Gilman Co. 128 Broadway — Phone 808 Goodrich Lomas Oil 917 Main