The Bismarck Tribune Newspaper, January 22, 1935, Page 2

PIS — DOZEN WITNESSES ~ TOINDICT BARKER)... = setting the Moodie case for trial next Thursday follows: { i | On the 3nd day of January, 1935, Edward G. Bremer, Kidnaped|,,.<" court determined that, in the by Gang Jan. 17, 1934, case of State v. Moodie, there was a te question of fact involved properly Testifies Before Jury triable to a jury and that orderly | procedure required the issue of fact jin dispute to be submitted to a dis- St. Paul, Jan. 22.—()—The feder- | trict court for trial. 5 .|_ Thereafter and on the 7th day of al government moved Tuesday to com-! sanuary, 1935, the court ordered that Plete another chapter in its war OM |the issue of fact in the case be sent gangsters, depending on the testimony | to the district court of Ramsey county of @ dozen witnesses to secure indict-;for trial; that such Issue of fact be ments against Arthur (Doc) Barker | tried to a jury, unless the parties ex- and others it alleges were involved |pressly waived trial by jury and the in the Bremer abduction case. jtrial judge accept such waiver and Three men arrested in and near/determine to try the case without a Chicago in connection with the kid-j jury. The parties having agreed to naping, were taken before a federal|try the case before Hon. C. W. Buttz, grand jury considering the case here | one of the judges of the second judic- Tuesday. The three are Byrn Bol- | ial district of the State of North Da- ton, arrested January 3 when Russell kota, whose chambers are located in Gibson, Karpis-Barker gang associate | Ramsey county; the said Judge Butts was slain, and E/mer Farmer and -iwas designated as the judge to pre- old Allderton, of Bensenville, Chicago |side at the trial of said action and the suburb where federal agents say Bre-{/case was ordered sent to Ramsey mer was held captive 23 days.e county for trial only of the issue of Bolton is alleged to have “peddied” | fact to be submitted to the jury for Bremer ransom money, while |a special verdict on the fact. other two are reported to have con-| Thereafter the state moved for a spired to harbor members of the Bre- [change of venue, which was denied i a mer kidnap gang. by the designated trial judge and on Edward G. Bremer, St. Paul banker |the 2ist day of January, 1935, the held 23 days after his abduction -|trial judge reported to this court the uary 17, 1934, until $200,000 ran jous proceedings in the case under had been paid, was as trial judge, showing his ac- ivity and diligence to secure an ear- |ly trial of the action; and that at the time the application for a change of before a federal grand jury here Monday. lSupreme Court Order in Moodie Case prior thereto; that addresses have been broadcast over the radio, purporting to discuss not only the facts in the case but the procedure adopted, in many instances in such manner as to tend to discredit the decision that may ultimately be reached in this case; | that in certain instances, somewhat similar discussions have appeared in j the press; that according to the press the house of representatives has dis- cussed and passed resolutions look- ing toward the impeachment of Gov- ernor Moodie for the same basic rea- | Sons and grounds that are involved in this action; that according to state- ments in the press, communications have been sent to the members of the legislative assembly from practically every section of the state expressing opinions on the very issues involved in the case; that there has been de- veloped such an intense feeling of dis- sension and turmoil as to render it difficult, if not impossible, to obtain a fair and impartial jury in any coun- ty in the state; that in his opinion there is the greatest likelihood that no jury would agree upon a verdict; that the great probability is that if the issue of fact submitted to this court is tried to a jury that a disagreement will result; that it is his judgment that the conditions which have been brought about in this state since Jan- uary 14, 1935, make it highly probable that an attempt to try the case to a jury would be wholly futile and mere- ly involve needless expense and tend to prolong the present state of uncer- tainty and turmoil; and that in his judgment the ends of justice CONTINUE Prosecutor Says State Will Rest D 4 Case Wednesday print was taken,” Sisk said, but add- ed: “There is no positive connection between that and the man who took the ransom. It was taken on a fresh grave near a retaining wail about ; 15 to 20 feet from the point Dr. (John F.) Condon said he turned the money over in St, Raymond's cemetery.” Ladder Evidence Admitted ‘The ladder, down which the state charges Hauptmann carried Baby Charles A. Lindbergh, Jr. to his death on March 1, 1932, was admit- ted to evidence with New Jersey Trooper Lewis J. Bornmann recalled to the stand. Twice before the state offered the ladder and the defense succeeded in barring it on the ground it had not been sufficiently identified, or suf- ficently connected to Hauptmann. The defense was just as vigorous in its objections Tuesday, but Justice Thomas W. Trenchard decided to ac- cept it, nevertheless. In the state's charges against Hauptmann the ladder is named vir- tually as the instrument of the Lind- bergh baby’s death. It is charged that Hauptmann used the ladder to reach the window of the nursery of the Lindbergh home on March 1, 1932, that he stole the baby from its crib, and that the lad- der broke as he descended with the baby in his arms, hurling the two to the ground and killing the baby. Hochmuth Testimony Cited Justice Trenchard indicated in ad- More witnesses were to appear be fore the jury Tuesday, after which it was expected that the body would! return secret indictments. | Alvin Karpis, believed to be fleeing through Pennsylvania following his escape from authorities at Atlantic City, was named before the jury Mon- day by Mrs. Florence Humphrey, a local department store employe, as the man who bought three flashlights said by federal agents to have been used for signaling when the ransom money was paid. Karpis has been mamed by authorities as one of the abductors. The flashlights and other objects, including gasoline cans, were said by suthorities to have yielded valuable fingerprints. Barker is held in the county jail here under special guard. PAY LAST RESPECTS 10 NELLIE EVARTS Large Concourse of Friends At- tends Funeral for Burleigh County Educator Funeral services for Mrs, Nellie Evarts, deputy county superintendent of schools, who died at her home, 217 First St., Friday evening, were held at 2 o'clock Monday afternoon from the First Baptist church. The church was filled with county officials, members of various organ-} izations with which the late Mrs.! Evarts was affiliated and of the| congregation in which she had served Jong and faithfully, and other friends. | Instructors of the Will junior high school and Will Annex accompanied | Miss Gertrude Evarts, daughter of) Mrs. Evarts, who is a junior high} school instructor. There were reserved sections for court house officials andj) employes and members of the Re- bekah lodge, Business and Profcs-! sional Women's and Current Events) clubs. Shortly before 2 o'clock the body ‘was brought to the church and the many sheaths and wreaths of flow- ers were atranged over the casket and placed on stands at either side. There also were numerous bouquets. A program of appropriate music was played by Miss Marguerite Ken- nedy who also accompanied Mrs. J. A. Larson, Mrs. W. J. Targart, Mrs. J.| A. Solien, Miss Ruby Wilmot and I. A. Esko in singing a trio arrange- ment of “Abide With Me” and Mr. Esko, who sang “The Nearer the Sweeter” by Ackley. Rev. Ellis L. Jackson pointed to ‘Mrs, Evarts’ singular devotion to duty, faithful accomplishment of her daily tasks and the breadth of her com- munity interests in his sermon, based on Timothy II, 4:7-8, “I have fought @ good fight, I have finished my course, I have kept the faith. Hence- forth there is laid up for me a crown of righteousness which the Lord, the righteous judge, shall give me at that day and not to me only but all them that love his appearing.” At the close of the service, Rebekah lodge members filed past the bier and placed on it evergreen boughs, ac- rnue was made he was of the opin- fon that a fair and impartial jury might be secured and that Ramsey county 1s probably as impartial as any county in the state; that since January 14, 1935, the date of the ap- Plication for change of venue, a con- dition has been developed in the state wholly unlike any which existed Calendar Senate Bills introducei: S. B. 42—McDonald: Fixes qual- ifications for public works employes; provides for minimum wages and maximum hours; prohibits deductions from wages. State affairs. S. B. 43—Brostuen: Provides for registration and labeling of livestock remedies under state regulatory de- partment. Livestock. S. B. 44—Miklethun: Provides alternate exemptions under mortgages or liens for persons engaged in farm- ing, dairy, stock-raising. Judiciary. S. B. 45—Provides life insurance companies operating in this state in- vest in North Dakota securities and real estate at least 75 per cent of the| aggregate amount of legal reserve and an occupation tax ranging from 2% to 2 per cent. Insurance. Concurrent resolution — Erickson: Proposes constitutional amendment allowing the legislature to divide all property, both real and personal, and including franchise privileges and licenses, into classes and to prescribe a uniform tax for each class but the tax in one class may vary from that of another. Tax and tax laws. cording to the ritual or the order. Pallbearers were Ernest Elness, I. C. Davies, Joseph L. Kelley, A. J. Arnot, George F. Will and Charles Fisher. Pioneer of McLean County Is Stricken Mrs. Ole Vedo, 83, a resident of the ©oleharbor district in McLean coun- ty for more than 30 years, died there Monday of pneumonia, according to ‘mformation received by Bismarck friends. She had been ill for the last two weeks. Mrs. Vedo was the mother of Ole ind John Vedo, prominent farmers the Coleharbor district, Ole Vedo House 29.96). Light to mod i ‘ Bills introduced: tion has occurred tree the Powe" | “We will finish the case by Wed~ H. B, 53—Saumur: Authorizing|gion northwestward to the coast, with |nesday. even if we have to cut it cities and incorporated villages to ety, enya cbereieata tion: ores. porous es Attorney General David caarge Public service ,cornorations [peratures have risen, except for the| So strong did Wilentz consider his streets and alleys, and giving the ool ogre) i ue northwest, | evidence, after expressing belief that state the right to supervise and reg-| falling. peratures are again) the state had traced the entire sae ulate business methods and manage-| Bismarck station barometer, inches: | Lindbergh ransom to Hauptmann, ment of any public service corpora-{28.51. Reduced to sea level 30.47, | that he said: tion. Cities and municipal corpora- —— ‘To prolong the case beyond ‘Wed- tions. PRECIPITATION nesday would be an injustice.” Bismarck > rosecut cal | ter Boging Wppropriations commitr lyotal this month to date . 2] piste Whateley, widow of the Lind- mal school. sie pact Perr ca ateae Mo 28! bergh butler, to come back to the H. B. 55—Appropriations commit-|Normal, January Ist to date ga ant #0 cea, ietenbe JOEISat Ons pa ee: $221,279.23 for Valley City Nor-|Accumulated deficiency to date .26 a Pee vet wos ne Che anc mn mal. — haired H. B. 56—Appropriations commit- TEMPERATURES baby. y 464 inson Normal. Low- High- Portrayed in Three Roles oat Aarons am est est Pct.| Hauptmann was portrayed in three tee: $63,638 for State School of|Rimarck, N. D. snow -15 2 00 contrasting roles in the testimony Science at Wahpeton. Boise, Idaho, cldy. .-.. 18 22 ‘to | Monday in the superheated little H, B. 58—Appropriations commit-|Calgary, Alta., cldy. 0g | CoucErOSen tee: $197,658 for Grafton state school.| Chicago, Ill, clear ‘00| The first portrait was of a respect- aoa Ba Aprons ations commit- Hagel oa cldy, a # plead in Wall Street broker- tee: $75,1 ndale Normal and Moines, Towa, clear bees S70,}15 for Benin ond| Devils Lake, N.D.. snow -26 12 00| ‘The second was more obscure, a H. B. 60—Appropriations commit- | Dodge City, Kans. clear 14 20 .00|carpenter working on the Majestic tee: $216,495 for Mandi Edmonton, Alta. clear -36 -24 04/apartments in midtown New York. Ke Soon” {or Mandan state train-|/Grand Forks, eldy. .... -25, -I .00/He was doing work not assigned to H. B. 61—Appropriations commit-|Helena, Mont, clay... 28, 46 [90/fitst-rate carpenters and, reading tee: $107,369 for Mayville Normal. |Huron, 8. D., clear .... -2 4 .00|between the lines of @ timekeeper’s H. B, 62—Appropriations commit-| Jamestown, N. D., cldy.-27 -3 .00|testimony, he was a self-effacing tee: $62,897 for State School of For-|Kamloops, B. C., cldy.. 10 14 .24| person, going silently and efficient- estry, Bottineau. Keres mye Me, clear u F Pa x about his work int Ane 4, 1932, Bills passed by the house: Medicine aa ee 00) two days after the $50,000 ransom » A. cidy. -22 -10 54 H. B. 11—Appropriating $190 for re- Minot, N. D.. clay. v: 4 00 eg third part given Hexptmane in lease of insane patients. Modena, Utah, peldy. 2 18 .00|the state's testimony was a ve H. B. 12—Appropriating $2,000 for Minn. snow -16 -8 .00)0ne. Hat turned down and coat col- payments of premiums for bonds of See ee Nebr., peldy. 4 2 2 ue, turned up, a mines mi he pass- tate a . G la., clear @ ransom at a Greenwich se a tec appropriating 9800 for|PF., Albert, Sask, cldy, -48 -30 00/ Village theater—a $5 bill for a 40- glanders and dourine indemnity fund.|QUADPelle, Sask., cldy. -34 -28 02 |cent theater ticket. It was late Nov- H. B, 15—Appropri Feo for | Rapid Clty, 8. D.. cldy. 12 38 00) ember, 1933, and although the night care ot eo een Geant alee ore, Gidy. -. 38 50 .90/ was cold he wore no overcoat. Such large. : Salt Lake City, U., cldy. 14 24 [00|testimony offered @ queer twist, for H. B. 17—Appropriating $10,000 for |S. 8. ie, .. snow -4 28 _.00|1933 was Hauptmann’s most success- North Dakota Children’s Home and|Seattle, Wash. raining 44 46 2.10|ful year in Wall Street. Aid Society, Fargo. Sheridan, Wyo. cldy. . 14 42 .00 H. B. 18 Appropriating $10,000 for Sioux City, dove, el . S é 0 ——_—_—_—_—__--- || North Dakota House of Merey, .| Swift Current, &. snow -26.-12 16, TOO LATE TO CLASSIFY . B. 19—Appropriating $10,000 for |The Pas, clear .. -46 -34 .00 St. John’s Orphanage, Fargo. Toledo, Ohio, cldy. ... 12 40, .08|THE California Wave Nook, 104%-3rd H. B. 20—A\ ting $10,000 for | Williston, N. 22 «-4" 12| ‘Street, Bismarck, specializes in oil Florence Crittenton Home. Winnem' Nev. cldy. 12 34 00 its, natural waves net ; Winnipeg, Man., cldy. . -36 -24 .00/ with ringlet ends, $5.00 wave now Tri-State’ Gangster “8 00 Locates Weiss’ a Philadelphia, Jan. 22—(}—The eg eer New York || BUSINESS body of William Weiss, kidnaped and Sinin night Mie SURE, ate PASS ‘CONTRABAND’ OIL, BILL OPPORTUNITIES Ne one evening last October. would best be served by returning the | mitting the ladder that he considered case to the supreme court for final the testimony of the aged Amandus disposition. Hochmuth sufficient to connect it ‘The court, after careful considera-| with the defendant. Hochmuth had tion of the statements of Judge Buttz, | testified that he saw Hauptmann in the trial judge, is of the opinion that/ the forenoon of the day of the crime the reasons stated by him for the re-| with a ladder in a dirty green auto- manding of the case to the supreme / mobile. This, he testified, was on a Legislative | court are good and sufficient reasons. mond jail had prevented the schea- uled electrocution November 1, he was setting February 2. — ¢—__—_. Weather Report | FORECAST For Bismarck ae Aer oe der tonight; Wedne: rob= pment ably fair and not so cold. For North Da- kota: , Cloudy colder south por- tion tonight; Wednesday prob- ay fair, not so cold west and north portions. For Svuuth Da- kota: Cloudy and much colder, se- vere cold wave tbat and central ions, snow cLouby southwest portion tonight; partly clout and colder south portion Wednesday. For Montana: Snow tonight and lay; colder west and south Portions, Severe cold wave west por- tion. For Minnesota: Cloudy and much colder Tuesday night; Wednesday probably fair, colder in south portion, GENERAL CONDITIONS The weather map has changed little in the last 24 hours, with HIGHS over Canada (Edmonton, and Pr. Albert, 30.86) and the Southwest (Modena, 30.64; while the Low forms a narrow trough from the North Pa- cific Coast into Wyoming Mais and Walter Legensa, two of| “STOMACH PAINS SO BAD & I COULD HARDLY WORK” taking pains Says C. 8. ‘Gross: “. Dr. road leading to the Lindbergh home. Attorney General David T. Wilentz also submitted the contention the state had proved the ladder was in the condition in which it was found on the night of the kidnaping. Frederick A. Pope of defense coun- sel argued in vain against the evi- dence, Hauptmann’s automobile — the car which state testimony has placed at the Lindbergh estate the day of the | kidnaping—was used Tuesday to give silent evidence against its owner. ‘The state brought the car to dem- onstrate, in the closing hours of its case, how the kidnap ladder was de- signed for transportation in just such @ vehicle, The demonstration, a preliminary to the state's final drive to introduce the ladder as evidence, called for the jurors to leave the crowded courtroom for the nearby alley where the auto- mobile was parked. Case Virtually Complete After 14 days of hammering in its charge that Hauptmann murdered the kidnaped Lindbergh baby, the state considered its case virtually complete. Through direct and circumstantial ey l He Calls the Roll WALTER P. MARTIN When the roll call is called in the house of representatives the man on the spot is Walter P. Martin, chief clerk. It is he who must hear and properly record the votes of members on all impor- tant subjects, His home is. at n. CANBLE WEN HERE FOR BiG. NETING Executives of Concern Meet With Representatives From Bismarck Are: Representatives from 23 Gamble Stores and 150 agency stores in the Bismarck area assembled at the Pat- with executive officers of the con- cern and attend the 10th annual convention of Gamble Stores. Among executives of the institu- tion here for the sessions were Bert Gamble, president; Phil Skogmo, vice president; Max Welby, secretary; Frank Dreblow, supervisor of agency store department; Lloyd Jensvold, manager of display departmen Mills, merchai and Lyle Johnson, supervisor of tire and radio sales, In addition to the Gamble execu- tives were representatives from 18 of the largest manufacturers supplying Gamble merchandise, who conducted merchandise exhibits at the hotel for the benefit of the Gamble men, displaying raw materials, manufac- turing processes and explaining the selling features of their merchandise. ‘The meeting here was one of seven similar sessions being held through- out the north and middlewest. It was announced at the meeting that during 1935 Gamble Stores will increase their newspaper advertising evidence, the prosecutors said they have linked Hauptmann to: 1. The ladder up which they contend the kidnaper climbed and down which he fell, carry- ing the child to death. 2. The ransom notes, the first left in the empty nursery and the others delivered during the negotiations. 3. The payment of the ransom. 4. The disposal of the $50,000. Want to market an idea? Want an energetic partner? The road to business profits is not hard to find if you read and use the WANT ADS budget considerably. The institution has been carrying advertising in nearly 1, newspapers in the terri- tory it serves. Having established 480 agency stores in 1934, Gambles brought their total agency stores to 860, executives said. Coupled with 229 Gi stores, these agency stores, which are independently owned and terson hotel here Tuesday to meet; de-loovery of wages in a civil action if \e | | 2089. $4,292 the minimum wage ‘The Gamble executives came here/ partment to $3,992. from 8 similar meeting at Cedar] ‘The committee recommended @ cut Rapids, Iowa. of $10,000 in the proposed appropria- tion of $40,000 for the coyote, wolf on their, impeachment proposal, rest- will be the subject of the sermon to in their home counties flooded be given Tuesday night at the GOs-ltne ‘house with telegrams of protest Del Tabernacle by Rev. Stanley Com-|ana support of the move. with citisens this state under a sore ne’wit’ talc about "The dew), Zrom “citizens of Zeeland” oame| Ooty Wc terred to the commit~ dare'| ® telegram against the ee was to f Past, Present and Future.” ‘Comstock is assisting her husband and special music and singing mark] joe» te aise’ jan JOhNson,+" A telegram from Charles Hein, &r., ior ial to the general public 10) matter with county representatives? NTINUE CoOnNTINvVED Moodie Impeachment Laid Aside Pending Court Developments Into the hopper for first reading Tuesday were nine other bills ap- Ppropriating a total of $1,271,797 for state normal schools, school for the feeble minded, state training school, and school of forestry. The bills fol- lowed exactly the budget requests as. submitted by the budget board to the legislature. In the hopper also was a bill in- troduced by George H. Saumur auth- orizing cities and incorporated vil- lages to charge public service corpor- ations a “reasonable compensation” for use of alleys ahd streets. The bill also provides the state “Taxpayers disgusted,” Harry K. Peyton of Williston. and small boy stuff. Give us rem- edial legislation without delay. Let the courts decide executive qualifi- cations, We need and demand ac- From other sections of the state came five petitions, all similar, to “save the constitution” signed by groups of citizens urging investigation [As aad of the qualifications of ao Senate Considers Erickson Proposal ’ For Utilities Tax IN ASSEMBLY MONDAY (By the — Presse) Passed nine appropriations bills Frith d oa s vVeaisia ane soy in for a total of $45,680. Introduced ||Gowntown BI nine other appropriations bills to- ‘William Watt of Cass and taling $1,271,797 for state institu- |/Gus Wog of Billings signed the min- demi bill hd benioed les and incorporated villages Peterson said if salar- charge public service corporations |/1es enforced two years aos equit- a pemerien: for |Jable, the suggested use ets and alleys. out of line, Uy tear from Representa be via declaring that living ve ‘Traynor t! ists ||two years ago. He added it was de- were receiving courtesy cards ||sirable to have the salaries entitling them to floor privileges, |/in the two assemblies and that the Sat as a committee of the whole, |/house already has voted the increase. approving two amended appropri- ‘The proposed increase would aver- ation measures for a minimum |jage about 50 cents per employe, Pe- ‘wage department and coyote, wolf |/terson explained. and magple bounty. ‘Watt asserted the senate should Adjourned until 2 p. m., Tues- {/not be governed by what the house day. of representatives » Pointing out Senate he had been attending for Introduced four bills. the last 20 years, he declared he did Received resolution for consti- ||not believe living costs any higher. tutional amen¢ment to allow gross Aliso favoring the increase was Sen- earnings tax on public service |/ator 8. 8. McDonald of Burleigh who said living expenses Debated proposed increase for ||from 15 to 25 per cent. He was fol- senate employes; re-referred it to |/lowed by Senator G. F. Drew of Ram- committee. sey who said the wage scale Adjourned to 2 p. m., Tuesday. ae than the statutes hall have “at all times the rlghtlyygentiors” John Miklethun. of to supervise business methods and/parnes county and G. A. Jones of management of any public service |ward county, a broader ree d lating to employes engaged on public To be acted upon Tuesday, are two |work was introduced by Senator Mc- appropriations bills for the minimum |ponald and referred to the committee wage department and wolf, coyote!on state affairs. and magpie bounty. Propose Labor Wage Scale The two bills, House Bill 13, and} McDonald proposes a minimum House Bill 27, were for | wage of 50 cents an hour for unskill- Passage by committee of the whole, /ed labor and a maximum of 30 hours with amendments by the appropria-|a week in addition to provisions in the Jones-Miklethun bill limiting em- ployment on public work to residents appropriations committee |of the state and citizens of the Unit- MR. MICAWBER ~“* beautiful budget “My other piece of advice, Copperfield,” said Mr. Micawber, “you know. Annual income twenty pounds, annual expenditure nineteen nineteen six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds, aught and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and— and in short you are forever floored. As I am!” Take it from Mr. Micawber, or from any one of thousands who know it for the truth, there’s no friend like cash! And there’s no way to be so of cash as to spend within your budget. - Begin today! Say to yourself—eo much will go for food, so much for rent, #0 much for fuel, so much for charity. Stick within your budget and find it bountiful enough to leave you something over! : One of the very best ways to budget as you go is to read the advertise- ments in this newspaper. Daily, as in a parade, the good values of the good stores march before you. Roast beef or chops for Sunday dinners, a special style in men’s shirts, new drapes for the living-room ... the ad- vertisements will help you choose them all, and often at a saving! leach company “pay annually an 0c- ditions too serious for petty politics bes ‘livestock 4 Senator John Brostuen of McKen- - le. tabernacle pastor, has extended an from Hankinson asked “what is the | al! per cent of gross premium re- provides for re-" troduced in an effort to keep North ‘Dakota money within the state. A oe MES? 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