The Bismarck Tribune Newspaper, January 22, 1935, Page 1

ae i a e g s La | © 5 q ga] THE BISMARCK TRIBUNE ESTABLISHED 1873 Gets Kidnap Threat CASE WEDNESDAY Wilentz Considers Evidence More Than Sufficient for Murder Verdict LADDER EVIDENCE ENTERED Defense Says Plaster Cast of Cemetery Footprint Will Vindicate Suspect (Copyright, 1935, by the Associated Press) ) Flemington, N, J., Jan. 22.—(P)}— Bruno Richard Hauptmann Tuesday was identified for the second time as @ man seen lurking near the Lind- wh home before the kidnaping and murder of Baby Charles A, Lind- Sourland a Lindbergh estate, testified he saw Hau} in the vicinity on the iptmann 18th of February, 1932, and again be- tween the 25th and 27th of February, the same year. The Lindbergh baby was stolen on March 1, 1932. Before Whited’s identification, the state succeeded finally in its fight to get the kidnap ladder into evidence, and the defense brought out the fact that a plaster cast had been made of a footprint which it claimed would show Hauptmann was not the man who collected the $50,000 Lindbergh ransom in St. Raymond's cemetery, the Bronx, on April 2, 1932. Edward J. Reilly, chief of the de- Baltimore police announced re- celpt of a letter by Mrs. Anne Pres. ton McCormack Emerson (above), one of the city’s wealthiest women, warning her she might be kidnaped and offering to tell her of the plot for a certain amount of money, re. to be $5,000. (Associated ress Photo) FARGO THREATENED BY COAL SHORTAGE paid the ransom. A department of justice agent, Thomas H. Sisk, ssid /Action at Noon Tuesday Catches natant rt yg| Renken OFF Guard In man he said was Hauptmann, Whited Worst of Winter said: “I was home for dinner with my car and he came out nearly eta teie coir ach eae peo on my ground or, I would say, with- in two or three feet, one way or went out on strike in Fargo at noon the all resentatives of local No. 173. proximately 300 workers are involved in the strike. Despite several months of talk re- Questions Sisk on Cast Reilly elicited the informat about the cast in wed examination of federal Sisk, just BEE fe iH. after the in i ited. 4—That a board of arbitration be set up to settle wages and any other matters, By ft u be i cee a8t. E ° aH i i iy fhe 3 E a Eyes ae ehge HL leutenant-governor,| board for decision for two weeks. itive fol- Governor Willlam) Moe Files Oath of fiends whes| Office With Gro friends, 1. J. Moe, recently appointed as tax commissioner Governor Thomas | ill ly | i i E ab ak : : | zi i * i Es : é will a | & ety i i i [ Gi E pert a 1 BE ws ry il at a : : it | govenor in the last election, to bring . about,@ recall election. : i 8 2 , £ AS DRIVERS STRIKE} == BISMARCK, NORTH DAKOTA, TUESDAY, JANUARY 22, 1935 Frigid Blasts Also Descend Up- on Dixie; Freezing Weath- er in Florida TRAFFIC STALLED IN WEST Floods Reported in Arkansas, Louisiana, Mississippi and Wisconsin (By the Associated Press) The cold wave spread east and Lad Tuesday, leaving behind about Meanwhile floods, fog, sleet, rains and low temperatures combined to delay traffic and endanger lives, as the frigid blast from the north dip- ped down into Dixie, threatening to bring freezing weather as far south as central Florida by night. Floods were Hf a aE ut siz ef ei & F § i i reported four deaths, In- diana six, Pennsylvania two, Mon- tana » Washington state two, Dlinois 10, Iowa 10, Michigan two, three, Minnesota two, New Jersey, Maryland, Missouri and Se HAL INSURANCE 1S HOPTON'S PROPOSAL All at Cost 8 22 $ ERgsE i Hi é g : i z ee EA ue iE an i 5 3 i i F i z E Ht Hl iu i Fe, E I g g Ek ees * ae ell: A & Fi af : ! i if : i q DOCTOR'S KIDNAPING OF KARPIS’ TRIAL Public Enemy No. 1 Believed Heading West; ‘Shoot to Kill’ Ordered ABANDONED AUTO FOUND Police Say Men Who Comman- deered Physician's Car Were Bandits Philadelphia, Jan. 22.—(7)—Kid- naping of a Philadelphia physician ‘Tuesday gave a new clue to the fog- obscured trail of Alvin Karpis, Amer- {ea’s public enemy number one, and his companion, Harry Campbell. ‘The trail seemed to lead west, just as federal and state police, with ord- 1917 way out of an Atlantic City hotel, only partially dressed, leaving two “girl friends” who now being held by authorities. oN Tom Mooney’s 18-year fight for freedom received another setback Monday U.S. Supreme Court Refuses to Review Mooney Case is shown, center, as he looks today, and at left as he appeared at the time of his conviction. Justice Charles Evans Hughes (right) heads the high court which refused to review the case. PRICE FIVE CENTS ‘Thursday Set for Moodie Case Hauptmann Again Declared at Kidnap Scene _ PROSECUTOR SAYS |Death Toll Rises As STATE WILL REST | Cold Wave Hits East! YIELDS NEW CLUES HIGH COURT RULING 10 SETTLE DISPUTE OVER RIGHT 10 ACT Action of Jurists Follows Report of Buttz on Problem to Secure Panel MOVE SPEEDS SETTLEMENT Uphold District Judge in Opin- ion That Jury Trial Would Be Futile Governor Thomas H. Moodie’s right to act as chief executive will be de- termined solely by the state supreme court, that body decided Monday, as it resumed complete jurisdiction over the case and set Thursday as time for hearing. In a complete review of the action \of the supreme court since original Inception of the case, the court is- sued an order that the case “be and jit is, hereby set for trial on Thurs- day, the 24th day of January, 1935, at two o'clock in the afternoon of said day.” With the order, the court declared it had taken back complete direction of the case, because of the report of District Judge C. W. Butts that “in- tense feeling of dissension and tur- moil” made it “difficult, if not im- Possible. to obtain a fair and impar- when the U. 8. Supreme Court refused to review his case. He is serving a life sentence for complicity in the 1916 Preparedness Day bombing at San Francisco. The 5i-year-old convict asked the court to permit him to file habeas corpus proceedings, thus compelling California to defend its action in keeping him imprisoned. Mooney Chief latest clue came shortly be- idnight when word was receiv- ‘Wadsworth, Ohio, that Dr. was found in a lane leading toa farm-| Senate Considers Erickson’s house. 4 es pps mae it ls Propesal for Constitution- near ‘Quakertown, as the new clue al Amendment came. There seemed little doubt that their had again escaped. ‘The loca-| WOULD TAX GROSS INCOMES Intended to Replace Levy on Public Utilities Held Un- constitutional 5 z Bg F 3 g midnight when another car jongside his machine, with honking, he told Ohio author- Designed as a step toward placing @ 12 per cent gross income tax on public utility corporations, a propos- ed constitutional amendment was in- troduced in the state senate Monday by Senator O. E. Erickson of Kidder county. The proposal, Erickson said, is in- tended to pave the way for re-intro- duction of the measure passed last session, but subsequently found un- constitutional by the courts to tex utilities 12 per cent of gross earn- ak stopped,” he said. “I realize now ® foolish thing. man got out with a machine gun ordered me to open the door. He ith me and I followed the other about three miles. On a side yy abandoned their car. that they did all the driving car. y asked me if I was a physician, bebe Sa & He HE ings. Modeled after a South Dakota con- stitutional amendment sustained by the supreme court of that state, the Proposal would give the state the right to tax gross incomes of corpor. ations and make it possible to intro- duce the 12 per cent gross tax law. Passage of the concurrent resolu- tion by the state legislature would make way for its submission to a vote at the next state-wide election. Amends Section 179, Article 11 3B 5 Hall Dr. Hunsicker said one man sat with @ revolver in his lap, the other with ® machine gun as they drove west rapidly. The physician said he was later trussed up with his belt and left in a vacant hall, while the men went west in his automobile. he could not iden- tion purposes belongs to each class. “The legislature may provide by law for the levy and assessment by the State board of equalization, in lieu other state or local taxes there- Larson Will Preside per oentam shall be uniform for At Banquet Program| Further provision is made that the we may impose taxes upon John A. Larson, president of the|incomes and occupations and taxes Association of Commerce,/upon incomes and occupations may at the annual dinner/be graduated and progressive and tion com-|reasonable exemptions may be pro- in the | vided. Z f 2 eee EE He | B E 10) Legislative Cogs Again Turn | With Impeachment Sidetracked MILLER ADMONISHES Action Against Moodie Laid| JURY OF DUTIES AS NOT TERM OPEN Identity of Talesmen Secret Until Roll Call; Important Cases Slated Minot, N. D., Jan, 22.—(#)—Calling for jurors so to conduct themselves and perform their duties that the faith of the general public in the courts will be enhanced because “once the general public loses faith in the courts, you have anarchy,” Judge Andrew Miller of Fargo Tues- day opened a term of federal court in Minot. Jurors reported for service were: E. M. Trove, Brantford; John D. Wooledge, Fargo; Frank G.. Bailey, Valley City; Lewis R. Sherdal, Per- ley, Minn., but living in Cass county; A. A. Holmquist, Gilby; Theodore Emery, Gardner; P. G. Flemming, Melville; Bert R. Cole, Minot; George J. Boley, Carrington; Ole J. Olson, Hurdsfield; Frank Whitney, Dickin- son; Elling Tweet, Velva; Allen 8. King, Grand Forks; Albert Sorum, Hillsboro; J. J. Dunlop, Grand Forks; B. O. Torkelson, Dickinson; A. R. Aneta; G. A. Overbeck, M. G. Evenson, McVille; Otto Olson, Underwood; John Higgins, 3 R. E. McClung, Cleveland; Alex Link, Brinsmade; Roy Rassmussen, Ender- lin; Clyde Gillet, Hamar; Felix Con- rath, Beulah; Howard Roe, Windsor; and K. A. Fitch, Fargo. Those who did not anewer 4 phen ie roll was called were Dai id ridge, Surrey; Leo J. McDonald, ; and R. C. Lake, Penn, Until the roll of the jurors was Diversion Project se " called in court, the identity of mem- bers of the panel was not known to) anyone except the court and the clerk, indicating that some of the cases scheduled for trial are regarded as being of considerable im- portance. ‘When the court reached the crim- inal calendar, United States District P. W. Lanier announced that, larceny charge. . Sam Reinke, formerly of Sherwood, now. of Dunseith, who pleaded guilty in April, 1934, to a charge of wool Hal Pe | 285 ask if I ie i Ef fs : E i B gE i i 4 3 ee 8 BE 5 5 Le tt svi ibs g E : E 5 i g ig j i i il iy i th egeé i il z 3 E **|to reports emanating from the caucus, tial jury in any county of the state.” Sent to Ramsey Jan. 7 January 7, the supreme court had sent the case to the Ramsey county court for jury trial. Under the order of Monday, the hearing will be con- ducted without a jury, stipulated to by attorneys for both sides, In his statement to the five jus- tices, Judge Butts explained he had endeavored to obtain an early trial of the action, but that since January 14, date of application for a changs of venue by Special Assistant Attor- ney General Francis Murphy, @ “con- {dition has been developed in the state wholly unlike any which ea- isted prior thereto: “Addresses have broadcast over the radio, purporting to dis- cuss not only the facts in the case but the procedure adopted in many instances in such a manner as ta discredit the decision that may be ultimately reached in this case.” The reasons cite passage by th house of a resolution of impeachm« of Moodie “for the same basic reasona and grounds that are involved in thig action.” Uphold Batts’ Contention The court’s minute order alsa Pointed to Judge Butts’ statement that “there is the greatest liklinood that no jury would agree upon a ver- dict; and the great probability is tion in completing impeachment) that if the issues of fact submitted Proceedings while awaiting action|to this court are tried to a jury @ from the state supreme court in the/disagreement will result... con- Moodie disqualification case. jditions which have been The supreme court announcement| about in this state since January 14 was the most important development make it highly probable that an Qf the day. The court in its order|attempt to try the case to @ jury set Thursday for hearing and deter-| would be wholly futile and merely mination of issues in the Moodie case.|involve needless expense and tend ta Two hours before the opening of|prolong the present state of uncer- the session from a recess Saturday,|tainty and turmoil.” house majority members met in! Supporting Judge Buttz, the su- caucus, and decided not to bring the/preme court declared “the court, after bill of impeachment against Moodie|careful consideration of the state- onto the floor of the house from its|ments of Judge Buttz, the trial judge, five-man board of managers. is of the opinion that the reasons House majority members, according] stated by him for the remanding of the case to the supreme court are good and sufficient reasons.” Both Attorney General P. O. Sathre and C. J. Murphy, counsel for Moodie, appeared before the supreme court, asking the court to try the case, and stipulating and waiving trial by jury. Petitions to Recall Bilden Circulated Grand Forks, Jan. 22.—(?)—Circu- lation of a recall petition against Representative Oliver Bilden of Northwood in the fifth legislative district in Grand Forks county was started Monday in Northwood and Larimore, it was reported by E. J. Collette, Democratic county chairman. Bilden voted for the impeachment of Governor Moodie. The petitions will be put in circula- tion at other points in the district Tuesday, Collette said. E. K. Spoon- heim of Northwood, state senator, is Aside Pending Develop- ments in Court Case REPORT LOSS OF STRENGTH First Appropriation Bills for $45,680 Passed; Institu- tion Bills Read Legislative cogs moved in the house Monday as the majority group, temporarily laid aside plans to press impeachment of Governor Thomas H. Moodie, and the supreme court announced it would try disqualifica- tion charges against the chief execu- tive Thursday. At a caucus Monday night, the majority group decided to delay ac- determined on their course of action! of waiting for developments from the supreme court after District Judge C. W. Buttz, to whom the case had been assigned for hearing, stated that! an attempt to try the case by jury would be “futile” because of ex- pected difficulty to obtain a fair and impartial jury. Loss of Strength Seen Other reports were that the ma- jority group had lost strength, and that an attempt to obtain house ap- Proval of the bill of impeachment would fail at this time. Leaders of the faction scoffed at: the reports, declaring “if the time ever came when we really needed votes, we would have them, and per- haps more than we have had in the Past.” ‘The house convened in recessed session at 1 p. m., but adjourned un- til 2 p. m., within a minute. Representative Edwin Traynor, Ramsey county, charged lobbyists were receiving courtesy cards entit- ling them to the floor, and claimed that one lobbyist had approached various members of the house to ob- tain the cards. L. L. Twichell invoked a house rule) that courtesy of the floor here-' after must be given with assent of the house, Mrs. Lydia Langer. ‘Appropriation Bills Passed First appropriation bills were pessed) Plans Completed for by the house, with final passage of