The Bismarck Tribune Newspaper, June 17, 1935, Page 3

THE BISMARCK TRIBUNE. MONDAY, JUNE 17, 1935 NEW YORK BANKER WILL DIRECT WORK OF STOP-GAP NRA Plans Selling Campaign on ‘Ed- ucational Basis’ to Con- vince Public Washington, June 17.—(#)—The three key men of the midget NRA get out Monday on an attempt to “sell” its principles to the public, business and labor. " These men—headed by James L. O'Neill, vice president of the Guar- enty Trust company of New York— planned a selling campaign on what ‘was termed an on Lave mot a high pressure ¢! such as characterized the birth of the orig- {nal blue eagle as their emblem. The old NRA expired Sunday at midnight. A few hours before that President Roosevelt, in an executive order, formally created the new “stopgap” NRA enacted by congress Jast week and named O'Neill as act- {ng administrator. A “possibility of further legisla- tion” was held forth by the president. Just what its form would be was not Gisclosed, but cbservers believed it would depend largely upon the pub- Jic reaction to economic data gath- ered by the new organization between mow and next April 1, when its life expires, Non-Stop Flight Is _ Planned by Mexican Minot, N. D., June 17.—(#)—From Col. Roberto Fierro, chief of the (Mexican army aviation corps, Col. Irving “Speed” Wallace, Minot, Mon- Gay received a letter saying that it is impossible for him either to lead a i & FORECAST For Bismarck and vicinity: Un- gettled and cooler tonight; Tuesday partly cloudy. For Ni Da- Weather Report rf northeast and ex- dy tonight Tuesday; cooler tonight and south- east portion Tues- ie a rr Montana: Generally fair to- . night and chil cooler southwest n For Minnesota: Unsettled, possibly showers in northwest, cooler in west ‘and south portions tonight; Tuesday partly cloudy. GENERAL CONDITIONS -, A low pressure area is centered over Missouri (Kansas City 29.52) while high pressure areas overlie Saskatche- wan (Prince Albert 30.08) and tne north Pacific coast (Roseburg 30.12). Precipitation has occurred at most paige in the Canadian Provinces and the eastern .Rocky Mountain slope to the Great Lakes region. vy showers fell in the Great Lakes agents Upper ppt Valley 0 parts o! ming, Colorado, Ne- braska and Oxia », The weather is gene: fair the Far West. ‘Moderate peratures prevail in all sections. Bismarck station barometer, inches: 28.04. Reduced to sea level, 29.79. Missouri river stage at 7 a. m. 10.9 %t. 24 hour change, +0.5 ft. PRECIPITATION BISMARCK, cldy. Squadron of ships to North Dakots on @ goodwill flight or make a non-stop trip with one plane accompanied by three officials of the air corps, The Minot man replied that a non- stop flight is preferred as he believes that is what Col Fierro wishes to at- tempt. Wallace is urging the Mexican air chief to come to the state the first week in July, during the golden jub- ilee celebration here and to make Minot the first point of stop. PLAN RECIPROCITY PACT ON LICENSES Out-of-State Business Men to Be Granted Concession by North Dakota Salesmen and other non-resident business men operating in North Da- kota will be issued special permits for operation of their automobiles if reciprocal agreements, ordered by Acting Governor Walter Welford, are entered into between this and other states. State Motor Vehicle Registrar L. H. McCoy was directed by Welford Mon- day to enter into the agreements, following conferences with the attor- ney general's office. Under the proposed plan, outlined following the conferences, permits would be granted for one calendar month—at a cost of one-twelfth of the required automobile license fee for the salesman or other business man’s car. Such special license could not be obtained for less than one month, under the proposal. Permits will be obtainable for longer periods of time, with the fee worked out on the same basis; the licensee to pay one-twelfth of the fee for each additional month. McCoy pointed out that, in cases where a salesman @ other traveling business man from another state de- sires to remain in North Dakota longer than the calendar month, he must pay a fee for the months he is in the state. Vehicles with commercial bodies '@| would not be included in the agree- ment and issuance of permits to com- mercial men would be based entirely on any satisfactory reciprocal agree- ments with the other states, McCoy said. ‘The agreements “should include re- funds to those who have paid a full fee since January 1, 1935,” the acting governor’s order said. CONTINUE trom page one- Minot Man Killed By Machine Gun at Guard Encampment represented the 164th Infantry against national guard regiments from the entire United States and the Hawai- jan Islands. The presentation was made by Governor Welford. Welford Receives Gift A sabre and scabbard was present- ed to Welford by Colonel Leroy Baird on behalf of the officers of the regi- ment. Preceding the review and parade, church services were held in the re- creation hall at which Welford also spole. He made an appeal to the regiment for assistance in helping the people of North Dakota start rebuild- ing the commonwealth. “This is a state day for North Dakota. We need the assistance of every person in North Dakota to help us heal the marks the depression has left.” He complimented the regiment and urged it to continue the traditions of the 164th Infantry. “While we do not desire war and stress the fact that the National Guard is a peace- time unit, nevertheless the regiment stands ready to answer the nation’s call,” he said. At 1 o'clock balloon shooting com- petition by machine gun units of the regiment was conducted after which a military demonstration was staged on the parade field. This consisted of various companies simulating a bat- tle in which blank ammunition was used by rifles, machine guns and light artillery. Speaks at Lakewood Following the parade Welford was ct the principal speaker at a program at Low: est est Pct. Devils Lake, cldy. ..... 542 Grand Forks, rain . 57 40 . cldy. ‘i 59 1.62 Lisbon, cldy. 58 1.82 gal cldy. A des es, cldy. . A Wishek, clear 52 110 Minneapolis, rain Moorhead, rain .. SOUTH PARROTS. EET. Huron, cldy. Rapid City, WEATHER AT OTHER POINTS High- Low- est est Pet. Amarillo, Tex., cldy. .. 100 64 .00 Boise, Idaho, clear 76 50 Boston - = ~ BRiRBBRESBRSESSEeS RBeBReRESEL SS SSSRSSSSSSSSTERSRE SSSVSS SSSTLESS Lakewood aud:iorium. He urged that the retail sales tax be kept by North Dakota, stating that revenue from this source was essential to the wel- fare of the state, for the continuance of North Dakota rural and city schools, and to supply a fund to match federal moneys coming into the state. Appearing also on the program were State Senator A. J. Bonzer, Jr., man- ager of the state mill, who also urged that the sales tax be retained. North Dakota made the greatest drastic cut in its biennial appropriation of any .| state in the Union and for that rea- 236 /son additional revenue must be brought in to keep our educational facilities operating, he said. Di ARTHUR E. NGAREY DIES AT WILLISTON Former Bismarck Resident Was Old-Time Stockman and Horse Trader Arthur E. McGaney, 67, pioneer settler, stockman and one time horse trader of Crazy Man coulee near Willison and also a former Bismarck resident, died Wednesday, June 12, at the home of Mr. and Mrs. W. G. Jarvis, Williston, according to word received here, Death came as the result of dia- betes, complicated by heart trouble, from which he had suffered since an attack of influenza in 1918. He had been an invalid since four years ago when it became necessary to ampu- tate both his legs. He was preparing to go on a fishing trip up the Little Muddy and was stricken suddenly, death coming in half an hour. Puneral services were held Satur- day from St. Peter’s Episcopal church with Rev. Alexander MacBeth offi- ciating. He was laid to rest in River- view cemetery overlooking the ground on which he farmed and dealt, with horse buyers years ago, He leaves his sister, Mrs. Samuel Mount of Fredonia, Kans. McGahey served as police chief of ‘Williston in 1909-1910. He was born in Iowa March 22, 1868, and when a small child moved with his parents to Fredonia, Kans., where he grew to manhood. Settled at Devils Lake While still a youth, he went with his father to Devils Lake, where the elder McGahey took up a homestead on the townsite. The lure of the vanishing frontier sent the young man into western -North Dakota and Montana. He visited Williston when it was little more than a tent city and returned there a few years later as a horse trader, buying and selling ani- mals for North Dakota farmers. His work took him throughout the state and he is known by a host of vet- erans of the range and ranch days. For many years he operated a farm and horse ranch on a 160-acre tract which now is Williston’s Westlawn. Later he operated the Crazy Man coulee ranch, supplying animals for migrating homesteaders who filed their claims throughout the upper ‘Missouri country. After that he lived in Bismarck until shortly before 1918, when he returned to Williston. Re- turning here in the twenties, he lived in Bismarck until about five years McGahey was at one time a mem- ber of the Bismarck Elks lodge. He also was affiliated with the Independ- ent Order of Odd Fellows, the Willis- ton Moose lodge of which he was a charter member, and the Knights of Pythias lodge. Huge Clipper Plane Begins ‘Blind’ Flight Midway Island, (Via Pan American Radio)—June 17.—(?)—Flying “blind” the Pan American clipper seaplane hopped off Monday for Honolulu on its return flight to the United States mainland. Immediately after the giant ship rose into the air all curtains were drawn and pilots were compelled to rely solely on instruments for direc- tion, speed and altitude. TO BALLOT ON SCHOOL Cavalier, N.“D., June 17.—(#)—Vot- ers here will ballot July 2 on a pro- posal to float bonds of $41,00C for the construction of a new school. If the measure succeeds it is proposed te ask for a federal loan and grant. TOMMY ARMOUR Who Has Won the U.S. Open, P.G. A. and British Open George Moris, head of the regulatory depart- | ment, also spoke. 06 spo! In addition to Welford’s plea, the sales tax act was bolstered by a peti- tion of 35 legislators, representing all political factions, who were here for | the celebration. Welford, asserting that “this is not ® political gesture or an attempt to solidify the present administration,” expressed satisfaction at the unanim- ity of the legislators’ action. War Profiteers Are Rapped in Nye Talk Madison, Wis., June 18.—(7)—"“War profiteers” were attacked Sunday by Senator Nye, North Dakota Republi- can, in te armament activities the “maddest ever witnessed in peace time.” Senator Nye, chairman of the muni- tions investigating committee, pleaded for the peace principles upheld by the late Senator Robert M. LaFollette, the tenth anniversary of whose death was observed Thursday. “It is enought to remember,” Nye said, “that after we were in the war (world war), the bankers got what the allies owed them but the Ameri- can government never got back what it loaned the same allies through the sale of Liberty bonds. “And we know as well that great American merchants refused to re- spond to the needs of their govern- ments in time of war until they could be guaranteed profits for their ser- vices. @ Follow the sthletes in your search for cigarette mildness. Tommy Armour says: “Camels never bother my nerves or shorten my wind—convinc- ing evidence that Camels are mild.” Mel Ott, heavy-hitting outfielder of the New York Giants, reports: “My experience is that Camels are so mild they never get my wind.” And Stubby Kruger, Amy Lou Oliver, and Lester Stoefen agree without jittery nerves or cutting down my wind.” CONTINUE from page one: D Cries as Witness .Tells About Donis And Her Daughter “At that time,” Kellogg continued, “an attempt had been made by coun- sel to marry off her (Mrs, Gibson’s) daughter—” Starke halted the witness and ob- jected to the reference to himself. Judge McKenna told the court re- porter to strike out the statement, Resumes His Story Kellogg resumed his testimony with, “I talked to her (Mrs. Gibson) about marrying Joe Donis. I said I objected to it especially if he was involved in the shooting. She said she didn’t see any reason why they shouldn’t. I said I felt he was implicated in the shooting of her husband. She said, in substance, no one was implicated in the killing but herself. “I questioned her further. I said I wanted the truth. She said she didn’t know how to make it plainer. I inquired if she had talked to an attorney and told him § She told me she had told Keohane. She said she had told Keohane more of the details than Mr. Starke. I asked her. to telleMr. Starke all of the details and she said she would.” At this point, Assistant State’s At- torney H. A. Mackoff, conducting the examination, turned the witness over to the defense. Starke inquired if the state's attor- ney had not, following the inquest, been entirely satisfied that Mr. Gib- son had committed suicide. Kellogg said he had not. Wrote to Insurance Company The defense attorney asked Kellogg if he had not written the insurance company, with which Gibson had life insurance totaling $8,000, that the d. ppet Kellogg testified, “I wrote the in- surance company and told them that the circumstances looked suspicious to me and that if they looked the ssme to them (the company) they might cooperate in putting a special inves- tigator on the case.” Kellogg denied that his firm had acted as attorneys for Mrs. Gibson until the special investigator entered the case. “Didn't you advise her that it would be quite all right to take Harris in (as @ roomer)?” “I did not.” “Didn't she say she was suspicious of him?” In answer, Kellogg testified he had told Mrs. Gibson that if she knew that Harris was engaged in anything unlawful it might get her into trouble and that it might be advisable for her to “make a further check.” Objection Is Sustained “Do you consider it a part of your duties to set up @ trap to inveigle a woman’ into a situation without any protection—" Starke’s question was interrupted by the state’s objection on the grounds that it was prejudicial. The court sustained the objection. The defense attorney continued his hammering with questions intended to show that the alleged admission made by Mrs. Gibson at Jamestown was forced from her by threats, He asked if Kellogg had not kept Mrs. Gibson from communicating with her attorneys. While Mrs. Gibson was held in jail at Mandan, Kellogg admitted she had asked for an attorney located at Beach. “Did you get him?” “Yes.” “But you didn’t get him until the following Sunday?” “No.” Starke asked Kellogg if he had not given the sheriff at Mandan orders not to allow Mrs. Gibson to see any- one. Kellogg replied that one of the reasons he took her to Washburn, from Mandan, was to keep Starke from seeing her, Levels Shaft at Opponent Kellogg charged, “I knew you were trying to inject yourself into the case and I didn’t want you to advise her.” “Did you urge her to plead guilty?” Starke inquired. “No, I asked her.” Starke again demanded to know if Kellogg's purpose in seeking addition- al admissions was not “because you knew the evidence you already had was weak?” Kellogg replied, “No, I didn’t know it was weak. I knew that she had re- Pudiated it after talking to you.” Questioned further regarding his objections to the marriage of Mrs. Gibson’s daughter and Joseph Donis, Kellogg explained, “We had Joe un- der arrest and we knew the girl wouldn't be able to testify against him if they were married, and another thing, out of common decency, I didn’t like to see the daughter marry e ee her mother had been intimate As this statement was brought out, aie Gibson dropped her head and Presentation of more alleged ad- missions by Mrs. Gladys Gibson were indicated in her trial for the murder of her husband Monday as the state prepared to rest its case, probably te- fore court adjourns this afternoon. Saturday the state succeeded in Placing in evidence her written state- ment of guilt which the defense con- tends was forced from her at the point of a gun at Jamestown early in the morning of Dec. 19, 1934, The statement was one of the ad- missions which State's Attorney ‘Theodore Kellogg, in his opening: statement to the jury, said was one of several which the state would offer. Attorneys for both sides were hard at work durng the week-end recess, the state preparing to play its trump card while the defense waded through. the maze of evidence already pres- ented and mustered its approximately 20 witnesses who will be placed on the stand in an effort to break down the state's allegations. Two Testify Saturday Deputy Sheriff Irving Gerlich and @ court reporter, Edwin Bothne of Jamestown, were called by the state Saturday afternoon to collaborate earlier testimony of a detective as to the conversation which took place in & Jamestown cabin where Mrs. Gibson allegedly admitted the shooting of Ee husband, @ Dickinson mail car- er. The two witnesses told of being at the receiving end of a dictograph connected with the cabin in which Jim Harris, alias Kullis, the special investigator employed by Stark coun- ty, and Mrs. Gibson talked over the circumstances of the shooting. Their testimony completed the most sensational session of the trial since it began a week ago. Holding the transcript of the con- versation in his hand and only once referring to his notes, Bothne re- cited from memory the substance of that talk. He was preceded on the stand by the deputy sheriff who was called by the state only as a found- ation witness for Bothne’s testimony but was held there for an exhaustive cross-examination by the defense, ificial’s Memory Tested Gerlich also was required to tell from memory what he heard over the dictograph. The conversation began, he said, with a reference to himself. “Mrs. Gibson,” he said, “talked of seeing me on the train (on which she had traveled to Jamestown). She said when she got on the train I was already on it.” (Harris testified in the morning that Mrs. Gibson's suspicions had been aroused when she saw a sheriff look- ing through the train.) “Then they talked about some other man who had been talking BASEBALL Metin Ort Home-Run Hitter of the N.Y. Giants '?. ower es be In Legion Show il WANDA WAINRIGHT One of the beauties who will appear here all this week in the American Legion’s St. Louis Revue and carni- val is Wanda Wainright, comely miss who dances and sings as a member of & hot-cha ensemble. about her (at Dickinson). Mr. Kullis said he thought it would be a risky Proposition for her to go back to Dickinson. He said he had obtained @ letter for her from Katherine Donis and she said ‘for heaven's sake, let me see that letter” He said ‘all right’ and she started to read. It was Katherine writing to her mother and saying she was worried a great deal and upset because she testified false- ly at the coroner's inquest and that she had to tell somebody so she was writing her mother saying she wished she could come home.’” Suspicious of Writing While she was reading the letter aloud, Gerlich testified, Mrs. Gibson said she didn’t think it was Kath- erine’s handwriting and they argued about it, but she finally said it might be but it looked larger. ‘The detective, Gerlich said, then told Mrs. Gibson he wanted to help her but that it was foolish for her to take the blame for someone else. In reply, Mrs. Gibson denied she knew hae had done the shooting, Gerlich ‘Finally, he accused her of doing it,” Gerlich testified, “and she finally said, ‘I shot him.’” ‘ Mrs. Gibson asked, Gerlich went on, what Harris was going to do with her and “he said he wasn’t going to do anything but that he could ar- Tange to take her to Minneapolis or Chicago.” Gerlich testified further: “Then ‘Kullis asked her how many times she in the right place,’ he said. ‘Yes, she gaid, ‘that was enough. If I had on it again I wouldn’t have been able’ Wanted No ‘Double-cross’ Regarding the conversation which Preceded the writing of the alleged admission, Gerlich’s account was as follows: “He said she knew what his business was. He said he was a gangster. And he wanted some kind of assurance that she wouldn't double-cross him.” Starke then asked if Gerlich had heard Mrs, Gibson say ‘don’t shoot me’ and ‘you're not going to kill me?’ and ‘you're not going to kill my daughters?’ more than once. Gerlich was not certain whether or not there had been any repetitions. The defense attorney then brought out that it had been a number of || $10,000 Damage Suit had shot him. She said once. ‘But|- days after Gerlich had arrested the defendant before he took her before a magistrate and inquired, “don’t you know that it is a crime not to bring her immediately before a magistrate?” Gerlich replied that he was not aware of such a statute. Bothne’s Story the Same Bothne’s testimony of listening to the dictograph conversation was sub- stantially the same as Gerlich’s, In his examination of the court re- porter, Kellogg inquired whether he had noticed any indication of fear. Bothne said he had not. Under cross-examination, Bothne testified that the conversation was sometimes inaudible, that he knew little about dictographs and their use and that he had heard Mrs. Gibson Tepeat several times ‘don’t shoot me’, ‘you are not going to kill me?’ ‘you are not going to kill my daughters?’, and ‘don’t point that gun at m On re-direct examination Kellogg brought from Bothne that Kullis, in reply to Mrs, Gibson’s pleas, had said he would not harm her, that he wanted to help her out. Jury in Disagreement After 20 hours of deliberation, the jury in the $10,000 damage suit brought by Ruth M. Bauer of Elgin against Mrs. Christie Nielson, opera- tor of the Christie Beauty salon, fail- ed to reach an agreement and was dismissed by Judge Fred Jansonius at noon Sunday. Miss Bauer sought to recover $10,- 000 for physical and mental injuries which she alleged were received while getting a permanent wave at the lo- cal beauty parlor. Whether or not the case would be re-tried had not been decided Mon- day. Re-convening Monday morning, the court dismissed the case of the West- ern Surety Agency against L. R. Co- Ashley Man Will Be Buried on Tuesday John J. Nagel, prominent McIntosh county man, who died here Saturday, was taken to Ashley for burial. Pun: eral services will be held Tuesday. Mr. Nagel was 52 years old. Besides his widow he leaves a daughter, Lillian, Railroads to Offer Testimony on Rates Application of the North Dakota railroads for emergency freight rates increases was scheduled for final hearing by the state board of railroad commissioners late Monday. Oral testimony will be taken from representatives of the railroads and those opposing the increases, The increases are asked in intrastate rates in line with the recent decision by the federal interstate commerce commis- sion which allowed the increased freight rates in interstate traffic. State Corporation Reports Due July 31 Calls for annual reports from ap- Proximately 2,800 corporations and cooperatives operating in North Da- kota have been sent out from the of- fice of Secretary of State James D. Gronna. The reports, with a fee of $2.50, must be filed with the secretary of state not later than July 31. If re- Ports are filed between August 1 and September 30, an additional fee of one dollar is necessary, Gronna ex- plained, while if corporations delay their permits are cancelled, October 1. A $5 fee is charged for re-instate- ment. Gronna said approximately 1,900 domestic corporations are now oper- ating in the state; 500 foreign cor- porations, and approximately 300 co- operatives and cooperative marketing groups, man and recessed until afternoon when the paneling of a jury in the case of the First National bank ver- sus Mr. and Mrs. Adrain R. Asbridge ‘was begun. Masons Gathering For Forks Session Pneumonia Fatal to Dunn County Rancher! Carl Kyseth, Dunn county ranch- er, died at 11 p. m., Sunday at a lo- Grand Forks, N. dune 17.—(P)— Members of the Masonic order from all parts of North Dakota began ar- riving here Monday for the 46th an- nual communication of the grand lodge opening Tuesday. The credentials committee and the cal hospital from pneumonia. Heltrustees of the North Dakota Ma- was 54 years old and single. The body ‘will be taken to Marshall, N. D., Tues- day, and funeral services will be held there Wednesday afternoon. sonic foundation will meet Monday night. Tuesday night six North Da- kota high school students, winners of district contests, will compete for cash awards in an oratorical contest. THREE FIGHT FOR TITLE Minot, N. D., June 17.—(P)—As the ‘The subject will be “America’s Ideal result of Sunday’s opening matches, the title of Northwest North Dakota golf champion will be possessed by one of a trio of Minoters, Herman Dahl, Winfred Lee and Dr. A. E. Pierce. exceptionally good outlet you. and twine. NEW WOOL BAGS . SECONDS TWINE ... WOOL Before selling your wool be sure to see us person- ally and discuss the matter. We were lucky to get an Therefore, if you have already clipped, bring in your woo! immediately and we will share our good sale with We can also furnish you with new and second hand wool bags Northern Hide & Fur Co. BISMARCK, N. DAK. The brick building at 900 Front St. in Free Government.” Contestants are Bonnie Carlson of ‘Mandan, Everett Nygaard of James- town, Lowell O'Grady of Watford City, Hugo Presnall of Washi Albert Selke of Mayville and H Hall Grimson of Milton. for immediate delivery. BRONCHO RIDER PETE KNIGHT Broncho Riding Champion 1932 ond 1933 ATHLETES SAY: “THEY DONT GET “YOUR WIND!” Read below what these famous athletes say about their experiences in smoking Camels wish. with Pete Knight, who says: “Camels—there’s a smoke so mild it never cuts down your wind, never gets you out of condition.” A mildness that will please you too! Camels are made from costlier tobaccos. They sre mild, cool, gentle on the throat. Smoke them all you Camsels don’t upset your nerves . . . or tire your taste. And athletes find that Camels do not get their wind. (©106, B. J. Reynolds Tob. Co. Lester R. STOEFEN U.S. Doubles Tennis Champion YOU'LL LIKE THEIR MILDNESS TOO! WATER POLO ‘Stussy KruGer ‘Water Polo and Olympic Swimming Stor CONSIOER THAT LIPE IS MORE WORTH WHILE when you feel physi- cally fit,"ia condition.” Think of your nerves, and turn to Camels. Athletes say, “They doa’t get your wind.” COSTLIER TOBACCOS ! Camels are made from finer, MORE EXPENSIVE TOBACCO$—Turkish and Domestic—than any other popular brand. {Signed} 8. J. REYNOLDS TOBACCO CO., WiagtoaGalem, N.C.