The Bismarck Tribune Newspaper, January 16, 1935, Page 1

Dakota’s The Weather fe THE BISMARCK TRIBUNE ‘ABLISHED 1873 BISMARCK, NORTH DAKOTA, WEDNESDAY, JANUARY 16, 1935 PRICE FIVE CENTS sarker, Bremer Kidnaper, Slain ‘More Experts Say Hauptmann Note Writer pena ., DRRENSE 10 SHOW a | SATHRE, KNEESHAW |Giant Navy Plane on {MOVE TO IMPEACH a 2 [Bremer Kidnaper || OF MOB, ALSO SHOT Slain in Florida _ *FISGH WANTED 10 SELL HOT MONEY’ State Winds Up Handwriting Evidence, Turns to Find- ing of Baby’s Body WEGRO WILL TAKE STAND Prosecution to Claim Fatal Skull Fracture Caused by Dropping Child (Copyright, 1935, By the Associated : Press) Flemington, N. J., Jan. 16—Three More state experts Wednesday insist- 4 (ed that Bruno Richard Hauptmann ‘was the writer of the 14 Lindbergh Tansom notes, but the defense—strik- ing again at the dead Isador Fisch— scored slightly in @ fight to establish . @ifferences between Hauptmann’s admitted handwriting and that found in the notes. One after the other, Harry E. Cas- @idy, of Richmond, Va., Wilmer Souder ‘of the United States bureau of stand- ‘rds, and Albert D. Osborn of New ‘York took the stand and declared it their positive opinion Hauptmann was ‘the ransom note writer. Osborn, the seventh expert to testify, is the son ‘of the first Albert 8. Osborn, who ‘wave his testimony last week. Souder, in cross-examination, ack- nowledged differences between cer- tain letters and words in the notes ‘as compared to Hauptmann’s admit- ted writings, but insisted “there was no which indicated a ferent writer in all these document He added: Wrote All Notes “If Mr. Hauptmann wrote the quest writings and the admitted writ .® ing, he also wrote the ransom docu- ‘? ments.” The four other experts who earlier had identified Hauptmann’s writing as that of the notes were Albert 8. Osborn, Sr., of New York, ‘W. Stein of New York, John F. Tyrrell Joining the Reich. SENATE CONSIDERS STATE MORATORIUM LIKE MINNESOTR’S Would Become Law Expiring April 1, 1937, Supplanting Moodie Executive Order _—_——_ (By the Associated Press) North Dakota's executive morator- jum would become a state law under & proposal presented in the North Dakota senate Tuesday, one of 26 measures formally introduced in the of Milwaukee, and Herbert J. Walter | ruies, of Chicago. Before Cassidy went on the stand the defense moved to strike out the testimony of Tuesday's last witness, Morton C. Maish of Cincinnati, thumb guard manufacturer, contending he ‘was not an expert and that the evi- dence presented by him was not com- petent. Maish had testified that the metal thumbguard worn by the. Lindbergh baby the night it was stolen would not Tust or corrode if exposed to the weather. The testimony was to ex- plain the condition of the thumbguard 4ound by Betty Gow, the baby’s nurse @ month after the crime. The court denied the defense mo- } tion and Maish’s testimony was allow- ed to stand. As the state hastened to wind up its evidence that Hauptmann wrote the Lindbergh ransom notes, the de- Minnesota Tom Takes Poultry Show Honors if FEER after the Minnesota moratorium which has been upheld by the United States supreme court, the Cain-Young moratorium proposal is broadened to apply to contracts on sale of land and also to tenants on |, according to Senator J. P. Stark county, who is co-au- M. R. AFFIDAVITS PROVE MOODIE FAILS TO |; Long Test Hop South ‘Young of LaMoure | We | OFFICIALS’ STATUS) House Spends Quiet Day In Contrast to Stormy Ses- sions on Previous Days ASK LOAN POLICY CHANGE Measure Proposed to Abolish Office of State Grain Stor- age Commission BULLETIN The North Dakota house adjourned at 2:50 p.m. Wednesday after trans- acting routine matters. While the majority faction dis- cussed impeachment of Gov. Thomas H. Moodie at its caucus Tuesday night there were no hints on the floor of the assembly that such @ move was contemplated. Reports were current that the im- Peachment resolution is being drawn and may be introduced before the end of this week, but verification could not be obtained from majority leaders. (By the Associated Prees) Lieutenant-goyernor Walter Wel- ford Tuesday delivered to the house naturalization papers of his father, with @ supporting affidavit, to prove his United States citizenship. Welford’s act was in response to a house resolution Monday calling on both Welford and Governor Thomas H. Moodie to produce proof of their citizenship. “i Through Thomas Burke, young Democratic leader in the house, Moodie has delivered an affidavit from P. O. Sathre, attorney general, that the latter official is “satisfied” Moodie is a citizen, and that the gov- ernor’s acts are legal, together ah 7 o through his father. In his af! it, Judge Kneeshaw, @ long-time friend of the Welford family, states he was “well and per- sonally acquainted with Thomas Wel- ford, the father of Walter Welford.” In Pembina Since 1879 Judge Kneeshaw also states he “knows of his knowledge that Thomas felford . . . settled on a farm in Pem- bina county in 1879 and that he re- sided on said farm from about the into} year 1880 until the time of his death.” Cain said, would enable the next legislature to re-enact it, shduld the demption. Cain said the law would return ‘from the executive to the judicial departments of government the power, Property rights of of the ‘Under i is i Welford, the Kneeshaw affidavit says, “has resided in and been a bona fide resident of Pembina county con- —————_ Old Age Pension | Proposal Aut! “Old Age Revolving Pensions, Ltd.,.” organization headed by Dr. F. E. Townsend (above) of Long Beach, Calif., was prepared Wed- nesday to drop into the congres- sional hopper the proposal to pay every one over 60 years of age & pension of $200 a month, The ad- ministration is expected to coun- ter the proposal with a plan of its own. GUN BATTLE ENDS WITH CAPTURE OF BANK BANDIT TRIO Through Three Counties Ends With Roundup After Two Are Killed La Salle, Ul., Jan. 16.--(?)—A blaz- ing gun par fought through three tinuously since 1679 until the present} oe Recalling obtaining of naturaliza- tion by Welford’s father, Judge Knee- .|shaw declares, “Thomas Welford did on the 12th day of November, 1885, take out his final citizenship papers in the district court of Pembina coun- ty, Dakota Territory, ... That Walter 3,000 Hebrews Anxious to Leave Territory as Nazis Prepare to Take Control Saarbruecken, Saar Jan. 16.—(?)—Three thousand Jews are anxious to leave the Saar, leading Jewish. residents said Wednesday, still gripped Saarbruecken. shouting and singing Nazis streets. Fall HS EH iis E j A 13-year-old boy held captive by the robbers was freed unharmed. The bandits, who fled empty hand- an unsuccessful attempt to he Leonore State Bank of Leo- nore, surrounded and cap- tured in a field near McNab, Il. by a fc of state, county and city police. They were to be locked up at Dies at New Rockford O. T. Forde, 927 Fifth St. left attend pions Rockford who died Monday from Pneumonia. The Bismarck man was by M. 8. Stensby of leaves his widow, two sons, five ers and two sisters, ‘All Well Aboard’ Message Re- ceived as Craft Sails Across Spanish Main FLYING OVER 2,000 MILES Flight Will Test Fuel Consump- tion; Reported Over Miami at 3 A. M. BULLETIN Colon, Panama, Jan. 16.—(%)—The United States navy biplane XP2H-1 bound non-stop from Norfolk to the Canal Zone, reported at 3:45 p. m. EST., Wednesday that she was 190 miles from Coco Solo and expected to arrive at 5 p.m, The crew reported a headwind. Norfolk, Va., Jan. 16. - ing from Norfolk to Coco Solo, Pan- ama, the navy's giant four-motored biplane XP2H-1 was heading off across the Spanish main Wednesday with “all well aboard.” She was on a non-stop flight of about 2,000 miles as a fuel consump- tion test. Rear Admiral Ernest J. King, chief’ of the Bureau of Aeronautics, navy department, witnessed the take-off at 3:30 p. m. Tuesday as did Cap- tain Aubrey W. Fitch, commanding the naval air station here. They shook hands with the plane's com- mander, Lieut. John 8. Thatch. From the moment of the take-off the ship was in wireless communica- tion with the base here, clicking off landmarks as each was passed. Among the log entries: 6 p. m.—Five miles north of Oape Lookout, N. C. 3 a. m.:—Over Miami, Fla. She was due at Coco Solo during the early afternoon, Officers declined to reveal just how much gasoline the plane carried but admitted it was “plenty.” The ship is powered with four 500-H. P. motors, they said. Besides Lieutenant Thatch, the crew includes co-pilot Lieut. (JG) Carl E, Giese, and a crew of four, WORLD COURT ISSUE WILL GET SUPPORT FROM WHITE HOUSE President Urges Congress to Ratify Entry in Interests of Peace ‘Washington, Jan. 16.—(?)—Ameri- the government's $2,000,000,000 stabiliza- tion fund to halt extreme fluctuations caused in international exchange by nervousness over the forthcoming su- ‘¢/ Department Adjutant 3 z resen- inflation Ra: oth Be Hl py E Er Aue Fl Et 1 in the League, has been raise the question. PICK UP STRENGTH Nonpartisan Caucus Discusses Possibilities of Launching Action Monday LACKS BACKING IN SENATE Many of Faction Opposed; Ma- jority Threatened If Plan Is Forced (By the Associated Press) North Dakota’s troubled political setup grew more complex Wednes- day as Nonpartisan League legisla- tors indicated an attempt to impeach Thomas H. Moodie, newly elected Democratic governor, may soon be made. Although no definite action was taken, Nonpartisan leaders of the majority house group urged that such @ move be made at a caucus here Tutsday night and discussed the pos- sibility of bringing in @ resolution of impeachment by Monday. Administration supporters looked upon the talked impeachment move a8 one designed to control distribu- tion of patronage. From the floor of the house the charge has been made by administra- tion friends that the attack against Moodie was one to control appoint- ments by the governor. The claim was made during @ floor fight against @ majority resolution calling on Moodie and Lieutenant Governor Walter Welford to produce proof of thetr citizenship. Would Elevate Welford Should the house impeach, Moodie would be suspended until the senate takes final action, with Lieut. Gov. Welford elevated to serve as chief executive during suspension. Mle einer with the League group, make appointments. Many Officials to be named by the governor could be removed only for | cause. An action challenging Moodie's qualification is now pending in the courts, and a resolution calling on the governor to produce proof of his United States citizenship has been by the house. The attorney general is pushing the action in the courts, contending Moodie can not hold office because he did not have @ five-year residence in the state as necessary two-thirds vote could not be obtained in the senate. Forces opposed to the administra- tion claim more than 60 votes in the house, with only 57 needed to approve Six-Hour Machine Gun Fight Two of the three killed in e ma- chine gun battle with federal agents at Oklawaha, Fla., were identified by the department of justice as Fred Barker (above) and his mother, “Ma” Barker, both long sought for the abduc- tion of Edward G. Bremer, 8t. | GETS PROPOSAL TO LOWER COURT COST Aimed at Small Claims Costing| More Than Person Seeking Judgment May Get (By the Associated Press) Reformation of the jury system in North Dakota, pointed toward pos- sible changes in actions in fustice courts, Tuesday was being studied by & committee of the state judicial! council. The proposal to change the sys- tem, particularly in cases involving small amounts of money, came from District Judge R. G. McFarland, as supreme court justices, district court judges and other representa- tives of the bar completed their meet- ing. Chief Justice John Burke appoint- ed a committee of three composed of Supreme Court Justice A. G. Burr, Judge McFarland and District Judge John C. Lowe of Minot to consider what changes would be acceptable. Ends Without Casualties for Federal Forces SURRENDER AFTER BATTLE Outiaw Meets Death in At- tempt to Dash From Hide- out in Florida Village (Copyright, 1935, by the Associated Press) ) Oklawaha, Fla., Jan. 16.—(7)—Fred Barker, long sought for the kidnap- ing of Edward G. Bremer, wealthy St. Paul banker, and his mother, “Ma” Barker, were shot to death Wednesday by department of justice agents after a withering, six-hour machine gun battle. Just after the furious battle ended, the federal agents said two men and ® woman had been killed, but a later check disclosed that only the Barkers were slain. Apparently they were the only occupants of the house. After a blazing battle with machine guns the agents resorted to tear gas. Two men immediately made a break from the barricaded house and were Promptly mowed down by the with- ering fire of the federal men. The agents suffered no known cas- ualties. Agents Surround House ‘The gangsters barricaded them- selves in a fine summer home they had rented two months ago. Wednesday morning the agents, 15 of them, surrounded the place and ordered the occupants to surrender. There was a blaze of fire from 2 machine gun in answer. The agents retired, set up thelr own machine guns and retaliated. A blazing battle ensued and continued, except for oc- casional lulls, until 11 o'clock. The agents resorted to tear gas in an ef- fort to smoke out their quarry. A Negro cook employed in the house, rented under the name of T. C. Blackburn, was sent inside by the agents. ~ In a moment he returned with the cryptic news: “They are dead.” Woman Narrowly Escapes Immediately a coroner’s inquest was called and the agents kept out all ex~ cept eye-witnesses, The dead woman was about 60 years old and the men between 20 and 35. Mrs. H. E. Westberry, who has @ summer cottage across the street from that occupied by the gangsters, told @ graphic story of narrowly escaping death in the exchange of blasing ma- chine guns. Her home was directly in the line of fire from where the bandits had set up @ machine gun. A number of bullets tore through her home and she was forced to seclude herself in the bathroom to escape being shot Judge McFarland bronened three changes: That in cases involving up Moodie succeeded Lieut. Governor] to $200, no appeal be allowed to the Ole Olson, who acted as governor} district court; or that in event appeal after William Langer, Nonpartisan|is taken, and jury trial is had, the Jeader, was removed from the execu-| first day's cost of the jury be paid by tive chair following his conviction in|the appellant, or, an appeal be al- federal court for misuse of relief/lowed with the proviso there be no funds. Langer’s appeal from his 18} jury trial in district court. months sentence and fine of $10,000} Judge Burr explained that “in is now pending in the federal circuit | many cases involving small amounts court. the cost of the trial is more than the Absence of several house members| person seeking judgment will obtain.” from Tuesday night’s Nonpartisan|He termed the present system apt to League caucus was reported as the|work a hardship on those having reason for failure of the group to/amall claims. Approve Hit-Run Bill ‘The council approved a legislative bill providing for issuance of sum- mons against hit-run drivers, even though they may live in another state. bill would make pos- sible issuance of the summons against the person owning the car, whose identity might be revealed by the Meense number. A sister-bill, to enable hospitals to '¢ |Collect from persons injured in auto- mobile accidents, although the in- jured ones might be transients, also was approved. The attorney general was asked to draw the proposed leg- islation. & resolution of impeachment. To Address 40 and 8 Jack Williams of Fargo, Amendment of poor relief laws passed by the 1933 legislature also was Proposed in a committee report adopted by the counsel. Two changes in the law, to clarify procedure of courts under the act were recom- mended. ‘The committee, headed by Judge G. Grimson, of Rugby, told the council, “we the matter of schooling for the poor and agree that & poor person is entitled to school immediately upon moving a . fe have hesitated to bring the school question directly into the law, py pie & poor Person to remain where is rat to his legal ona, including persona, Gregory Zinovieff, once powerful Bol- in @ counter-revolution- — ® Leo Kameneff and z f rg zE ef | Bf falta : ae | I inky z i E 5 5 > 5 F E i i i, f F i AY Hl i g : i i ae 3 is FFs g a | down. (Continued on Page Two) (GOVERNOR ASSIGNS | FIRST MAJOR JOBS Arthur Peterson Game Chief; |. J. Moe Tax Head; Sarles Reappointed First major appointments were an- nounced Wednesday by Governor Thomas H. Moodie. Arthur T. Peterson of Cando be- comes state game and fish commis- sioner, replacing Thoralf Swenson. I. J. Moe of Valley City is made state tax commissioner, to replace J. J. Weeks. Earle Sarles, adjutant general, is re-appointed for a two year term. Weeks, tax commissioner appointed by former governor William Langer, and ordered removed by acting gov- ernor Ole H. Olson, still ‘retains the office. An action to oust him from Office now is pending before the state supreme court. Lyman Baker, appointed by Olson, will resign, Gov. Moodie said. Baker never actually assumed office under his appointment. Sarles and Peterson are Democrats; Moe is Republican. The appointment of Peterson will become effective January 31. It is for a two-year term. Also announced was the appoint- ment of Dr. A. W. Plachte of Wahpe- ton as a member of the state board of \Minot, whose term uary 1, Watch Pink Slip, Is Advice of Collector i E E 5 i Z 3 | i ; i il E it i I E } E & Bee egeyy i la 2 Fy el