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=, | —~#.- — : North Dakota’s Oldest Newspaper THE BISMARCK TRIBUNE Increasin, Pri The Weather Apes ag ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, THURSDAY, DECEMBER 5, 1935 12 Jurors Selected in Perjury Case PRICE FIVE CENTS - FOREIGN SECRETARY ~ ASSERTS THEY MUST BE GOOD, HOWEVER Says It Is Unfortunate Events in China Indicate Nippon- ese Aggression WOULD KEEP STATUS QUO Asserts British Have No Desire to Interfere With Italy’s Internal Affairs (By the Associated Press) Great Britain’s foreign secretary, Sir Samuel Hoare, put his govern- ment on record Thursday as a friend of Italy and Japan but as opposed to military moves by either of those na- tions. Speaking in the house of commons, he said it was unfortunate that events had taken place in China which “lend color to the belief that Japanese in- fluence is exerted to shape Chinese internal political developments and administrative arrangements.” He called on Japan to clarify its attitude toward China. At the same time he declared the British had no desire to interfere with the internal affairs of Italy and asked: Seek Amicable Settlement “Can we not lay aside suspicions and concentrate in the immediate fu- ture upon finding a basis for settle- ment, making it possible for the world to return to normal life?” As the foreign secretary made these assurances, two of Great Britain's most formidable battle cruisers, HMS. Hood and Renown, were steaming out of the Mediterranean “for maneuvers in the Atlantic.” Authorities said these “maneuvers” had no political significance although the Italian government for the last two months has regarded their pres- ence in the Mediterranean as little less than a hostile act —.-0ermn—— Military action on the scale some- what larger than skirmishes was re- ported from Addis Ababa. Italian airplanes were said to have attacked an Ethiopian army marching north- ward near Lake Tana, the great natural reservoir which is the main source of the Nile. Offer New Suggestions Great Britain and France have giv- en Italy a “set of suggestions” for ending the Italo-Ethiopian war in East Africa with an appended com- ment which said in effect, “take it or leave it.” Diplomatic sources said Thursday it represented the last word of London and Paris before an oil embargo is applied against the government of Premier Benito Mussulini, In the face of assurances by Fas- cist sources that such an embargo would mean “fight,” Premier Pierre Laval of France was reported author- itatively to have given the “sugges- |@nces. tions” to Italian Ambassador Vittorio Cerruti late Wednesday. The conference at which the pro- posals were advanced was called pre-g Clyde Snyder acted as master of) Record smashing attendance Wed- sumably, said a spokesman for diplo- matic circles, to discuss French sires that Mussolini make some move toward peace before the December 12 League of Nations meeting to consid- er oil sanctions. Still Utter War Threat No change in the attitude of the Italian government was apparent. Fascist sources asserted extension of the League penalties—applied as pun- ishment for Italy's having started its campaign of occupation in Ethiopia —to include a ban on the fuel vital to the nation might spread the Afri- can hostilities to new, broader sectors. Only cold silence has greeted Pre- mier Laval’s efforts to have Rome in- dicate on what basis it would nego- tiate—or even whether it would nego- tiate at all. ‘ i Emperor Haile Selassie of Ethiopla already has been reported as having applied to a high authority of the Coptic Christian church to intervene with Italy in behalf of Bence. The Franco-! Proposals were not, it was said in diplomatic circles, fixed plans for. peace, but merely were “suggestions” to forestall any possi- bility of complete rejection by Musso- Four Major Points ‘The suggestions were reported to have included: 1, Cession of a seaport in Italy's East African colony of Eritrea to Ethiopia. 2. A slight change in the frontier orthern ‘Tigre province and Eritrea, leaving Ethio- pla in control of the Holy City of 3. Acquisition by‘ Italy of Ethio- pian territory south of eight degrees north latitude, including Ogaden pro- ‘gasoline consumption and by ment of substitutes and for oll to forestall any motor fuel shortage arising fronr further League Champion Steer __ Brings $3 Pound OPENING OF ANNUAL: cS ae VETERANS CARNIVAL; SEW vork Few ts suver Big Audience Thrilled and Amused by Legion Show Here All This Week i \ |King of Meat Animals for 1935 / Will Go to ‘Luxurious Restaurant Tables Chicago, Dec. 5.—(#)—Three dollars @ pound, which would make ordering Playing to a large and enthusiastic 9 sirioin a big business deal, was the audience, the American Legion’s an- Thursday for “Pat’s Blue nual show and carnival got off to a [sie Yaa ge eee steer of | good start Wednesday night at the 1935 an Aberdeen Angus. | ‘World War Memorial building. ‘The king steer, put on auction at | The attraction will continue ail the International Livestock Exposi- this week, with the doors opening at tion after one day's reign in the royal/ 1:15 each evening and matinees stall, brought 19-year-old Cleo E.| scheduled at 2:30 p. m., today and yoder of Wellman, Iowa, a check for Saturday. $3,150. The program, designed to thrill as © Weighing 1,065 pounds when he well as amuse, was divided into two won the exposition’s biggest award on} parts. Between them the crowd en- Tuesday, “Pat’s Blue Ribbon” had | tertained itself at the various booths lost 15 pounds in the king’s job. The ‘and concessions operated by Legion- official weight, after the sale, was naires at the sides of the big room. 1,050 pounds. The high spots of the program were; The auctioneer's cry of “all in, all the acrobatic acts which gave the per- done?” found the champ’s purchaser formances a circus atmosphere. {to be an Armour and Company bid- Children will get a thrill from the der, buying for the Nathan Schweitzer ; pony drill, performed by four Shet- Meat Products company, New York.) lands of the Kelly circus and from the That means the steer will end up, the intelligence test given Cupid, a brown, bidder said, as fancy beef for New| pony which tells the days of the Rais cage toca restaurants supplied | i selects colors and performs ae Total Reward ts $3200 | : When the judge hung the crown Sheeey SE, \Aaiity. !on “Pat's Blue Ribbon” Tuesday, it But the adults were most impressed carried $750 in cash awards. Thurs-| by the feats of agility and skill per- gays sale price gives the steer’s young! formed by Miss Bernice Kelly of the owner a total reward of $3,900. Hl Kelly circus troupe on the swinging, with part of this windfall, Yoder CONTROVERSY OVER! PROHIBITION RAGES ON REPEAL BIRTHDAY i Anti-Saloon League Begins New Crusade With Attack on White House FDR IS ALMOST TEETOTALER Alcohol Deaths, Bootlegging on Steady Decline, Foes of * Drys Contend Washington, Dec. 5.—(#)—The his- toric controversy over prohibition raged again Thursday, the second an- niversary of the repeal of the 18th amendment. One side praised repeal as a suc- cess. The other, disagreeing sharply, predicted a comeback for prohibition. While W. H. Stayton, executive di- rector of repeal associates, and others contended there has been a marked decline in lawlessness, the Anti- Saloon League of America began a “new crusade” for prohibition. Saying President Roosevelt should condemn “violation” of his “pledge” that the saloon would never return, the league convention in St. Louis Morgenthau Gives His OK to Repeal Washington, Dec. 5.—()—Secre- tary Morgenthau, who bosses the government's liquor enforcement agencies, said Thursday that “re- peal has worked out satisfactorily.” Commenting at his press con- ference on repeal’s second anni- versary, Morgenthau said the col- ladder and the tight wire and the seid he would help improve the 120-| daring acrobatics of the Moreen acre farm where he lives with his troupe, three men and a woman. _| father and two younger brothers. | The high lights of the latter act' “He's going to use some of. it to swete the-balancing of Mae ant Edéte ‘pay the” good ’dottors Who tried ‘to! Moreen on the high trapeze and the save his mother,” Auctioneer Royd backward somersault of Eddie from Johnson of Kansas City told the auc- | the teeterboard into a chair 15 feet tion crowd. Yoder's mother died last | @bove the stage level, held by his summer. | brother William. | Pat Donohoe, Willamsburg, Iowa,! Gus and Al Sjolin performed some stockman, told the audience this was | marvelous feats of hand-to-hand bal- the best steer that “ever stood in Chi-| ancing, the latter demonstrating par- cago.” Cleo bought “Pat's Blue Rib-| ticular strength and agility. ; bon” from Donohoe at an auction in Miss Kell’s dance on the tight wire September of 1934. was as skillful and graceful as any- thing ever seen in Bismarck. A novelty divertissement was that offered by Nita and Bernille, a dance team, first in a beautiful ballroom waltz and later in a comedy act and Herd Worth $4,590 | The show's champion carload of; ‘cattle, 15 Hereford steers raised by; Harry Harmsen, Teeds Grove, Iowa, brought $30 a hundredweight in the second sale at the big stock yards lection of liquor taxes had pro- ceeded in a satisfactory manner while the suppression of bootleg- ging also had been c: | on with, consideral fe Said over- seas smuggling of liquor was now “practically nil.” Morgenthau observed that li- quor prices had declined steadily during the two years and forecast that, in another two years, the warehouse stocks of bonded liquor would be adequate for domestic England Declares Friendship for ‘lta won the intercollegiate judging contest at the International Livestock expvsition Itc members, shown above, are, left to right: Homer Spencer Bakan, Robert Kaye, Claude Willett Named winners of the 4-H club na- tional leadership trophies for boys | and girls respectively were Viley Johnson, 19, of McAlester, Okla. and Betty Brown, 19, of Emporia, Kas., shown at left. The announce ment was made at the annual na. tional conference of 4-H club mem bers held in conjunction with the Livestock exposition. Press Photos) ly and Japan FOUR-H LEADERS AND JUDGING CHAMPIONS NAMED The University of Missouri team livestock in Chicago. Coach H. C. Moffett, Thiemen, Vernon Jelley, and Jewett Fulkerson. (Associated Increases 2,000,000 consumption, also demanded abolition of the “use of intoxicants at all White House and public functions.” No Immediate Comment In the absence of President Roose- progress in cutting down the jobless de-|eral notable dance specialties, despite the show’s $2,000,000 amphitheatre, the best adagio dance seen in Bis- 4,590, the steers averaging 1,020 marek for many seasons. \pounds. Pfaelzer Brothers, Chicago, | Singing Proves Popular hotel and restaurant meat sestere| bought the load and announced the; Music was’ provided by the Three eh Voices, 8 male trio, who also injected Prize beef would be sold for the holl-| @ bit of comedy into their appear- day trade. “Miss Mickey Carlisle lent a note of Thirty-five purebred Shorthorns sold yesterday at an average price of grace and agility with a toe-dance specialty. $317, up 78 per cent from last year. | Most expensive of them was a bull which brought $900. ceremonies and also contributed sev- nesday, when 57.000 persons jammed his 240 pounds. ‘was called evidence of a farm come- Music for the show was provided back by B. H. Heide, exposition man- by.a 30-piece band under the direc- ager. tion of Curtis F, Dirlam. The show! A pair of yearlings exhibited by the is under the stage management of Hanna stock farm of Bordulac, N. D., Ralph Edwards, who also appeare:i placed sixth in breeding Aberdeen- in comedy bits between the other Angus. “po D.A.V. Names Brophy Following the regular anor, an: afterpiece was presented in the lower Commander for 1936 Walter J. Brophy, Bismarck, was gy! lum of the ‘Memorial building etn Mss named commander of the Bismarck- Carlisle and Rickey Dale Mandan chapter, Disabled American as the featured entertainers. Fortenberry Named Veterans of the World War, at the annual meeting held in the Memorial Census Supervisor, ‘dmiaeee |building at Mandan Tuesday night. John F. Fortenberry, 521 Thirteenth Brophy succeeds Roy F. Dow, Man- St., was notified Thursday of his ap-/ 4%: pointment as field supervisor for the Serving on the new commander's staff will be: C. E. Jorde, Mandan, 1935 business and manufacturers’|/senior vice commander; John Degg, census in district three of North.Da-| Bismarck, junior vice commander; kota. The appointments were an-|Charles Gray, Bismarck, adjutant; 8. nounced by Secret Other}. Nelson, Bismarck, sergeant-at- tary Roper. appointments in the state included:|/arms; John Bozak, Bismarck, officer Miss Gertrude Dwire, Minot, district of the day, and Rev. Ellis L. Jackson, two, and for Montana, Olaf N. Hatlle,| Bismarck, chaplain. Fargo, fener ris kes re- ais ald cently compl work farm es census supervisor in this district. | Thriving Cheese Firm Monument to Priest Marshal Rests Well, " Little Change Noted |, orn veo tactory was reeardea Little change was noted in the con- Thursday by this community as its dition of 8. J, Doyle, U. 8. Marshal | Father Eli Theillon, 77-year old busi- for North Dakota, who is seriously ll}nessman priest who died Wednesday at» local hospital, according to hos- pital attendants. Doyle spent.a rest- each year but one since viding work for a number new souves| Mexican Teachers to were. watching the|dent Lazaro Cardenas promise? ‘and financial ald to'the. church. product, winning prizes in scores competitions, made the community sues pen. The total price Was! vejt, there was no immediate com- principal monument to the Rev.|. ment here. It was recalled that ac- counts of formal White House func- tions have told ’* the serving of light American vintage wines. Beer has been served at some informal gath- erings. Friends: of President and Mrs. Roosevelt said they are known almost as teetotalers, and that they never drink or serve strong liquor. In an interview, Stayton looked back over the past year, which saw 14 states join the ranks of those which permit legal sale. The number now stands at 41, as compared with 19 before prohibition. Bootlegging Diminishes “In the states where local control of the traffic has been established, Stayton said, “poison alcohol deaths are now practically unknown, boot- legging is diminishing, and the states are receiving a large part of the rev- enue which, during national prohibi-| (Continue on Page Two) lconcedes this may be low. Washington, Dec. 5—()—Unem- ployment estimates widely used in government departments indicate that rolls has been comparatively slow dur- ing the past two years, after a sen-} sational spurt early in the adminis- tration, The figures, assembled originally for President Roosevelt's committee on economic security, estimate that, unemployment decreased almost 4.- 000,000 during the first seven months of the New Deal, but change little in the subsequent two years. They place the peak of unemploy- ment at 15,071,000 in March, 1933, and estimate that by October, 1933, it had fallen to 11,176,000. Since then the figures show sharp fluctuations with @ net decrease of 261,000 from Octo- ber, 1933, to September, 1935. September's total of 10,915,000 was higher than the New Deal low of 10,- 743,000 in June, 1934. Although the final figure for October has not been determined, preliminary calculations indicate it will be materially less than the September total. For the seven-year period from January, 1929, Nathan estimates a total increase in the employable popu- lation of almost 2,000,000 persons, and By Antics of famous. Tuberculosis Costs $75,000,000 Yearly Chicago, Dec, §,—()—The Amer!- can Medical association Thursday credited the nation with a yearly ex- treating Fight Brutal Rebels City, Dec. 5.—(#)—Presi- ety agains:|in that 589 per cent of all patients who have killed and mutilated | who entered institutions had Improved. of their number recently. 1 at least to some extent. many The br ing field of activity proved its merit /~ Film Troupé Distracted Quintuplets Movie Folk More Disturbed by Babies Than They Are by Invaders Callander, Ont., Dec. 5.—()—The Dionne quintuplets took absolute com- mand of this moving picture business Thursday. Making their first full-length fea- ture film, it had been feared they; might be disturbed by the invasion | of a small.army of movie men into their hospital. “But apparently the movie people were more distracted than the five little sisters. ment quietly and await 18-months- and Marie. “BEING CUT SLOWLY’ Employable Population of U. s.! | Since 1929 ‘whenever there were any new de- JOBLESS ROLLS ARE 'New Jersey Governor Hoffman Reported “to Have New Information That Will Cheat Chair ' | ELLSWORTH SEARCH New York, Dec. 5.—(?)—Gov. Har- day disclosed that he had visited Bruno Richard Hauptmann in_ his death cell at Trenton, N. J. This disclosure follows reports pub- lished in the New York Evening Jour- nal that the governor had obtained new information which might save the convicted slayer of the Lind- bergh baby from the electric chair, or “at least delay his execution indefi- nitely.” Governor Hoffman said his visit to Hauptmann occurred about a month ago. \ “Just a casual visit,” the governor said, adding: “Some people have been working in! the matter, but I am not at liberty! to discuss it.” Issues Statement Earlier, the governor, in a state- ment issued through the Trenton, N. J., office of Ellis Parker, Burling- ton county chief of detectives, said: “When I went into office, the first thing Mr. Parker did was to come in and talk over the matier with me.! I am interested in it, naturally, be- cause I am a member of the court of pardons, which is a court of mercy.” The New Jersey court of pardons is the final tribunal to which Haupt- mann may bring his case should he fail in his fight before the U. S. su- preme court. Discussed Case Often The governor said that while he did not direct Parker to investigate the Lindbergh kidnaping case, “all along, since I have been in office, hej (Parker) has discussed the matter velopments.” Later, William S. Conklin, the gov- ernor’s press aide, revealed the gov-,; ernor also had urged all other mem- bers of the court of pardons to visit Hauptmann. “The governor has suggested and urged that all members of the court of pardons visit Hauptmann at prison and learn his side of the case first hand,” Conklin said. “The governor says he visited ber unaccompanied and talked to him for about an hour. The governor re- fused to give any indication of his or Hauptmann’s reaction.” : May Cause Expose The Journal said it was reported the information in the governor's pos- supreme court the New Jersey appellate court up- held the trial court. ui Governor Hoffman, the paper initiated a private investigation last “I don't know just what the inves- tigation turned” up,” the Journal ay Save Hauptmann) ‘AUSTRALIA 10 HELP old G. Hoffman of New Jersey Thurs-; Hauptmann one night early in Octo-| | Prime Minister Orders Two Planes to Antarctic as Friend of America Canberra, Australia, Dec. 5.—(P)— The Australian government announced Thursday it was equipping two air force planes with wireless, floats and skis to be used in an Antarctic search for Lincoln Ellsworth and his pilot, Herbert Hollick-Kenyon. Prime Minister Joseph A. Lyons telegraphed President Roosevelt that this act was a gesture of friendship} for America. Ellsworth and Hollick-Kenyon have not been heard from since their radio failed on a transantarctic flight | Nov. 23. The New York Times and the North American Newspaper Alliance in a copyrighted article said F. Trubee Davison, president of the American Museum of Natural History, an-j nounced plans to rush emergency ra- tions to Antarctica for the explorer and his pilot. Davison said a sister ship of Ells- worth’s plane, “Polar Star,” has been acquired to leave for Magallanes, Chile, Friday or Saturday and then sail for the Antarctic aboard the sup- ply ship Wyatt Earp to drop sup- plies at pre-arranged depots. “These preparations are not based! upon any definite belief that Mr. Ellsworth and Mr. Hollick-Kenyon are in serious difficulties,” Davison was quoted. “It is the consensus among those who are familiar with Polar explora- tion that, for all we know, Ellsworth may have succeeded in crossing Ant- arctica and may now be sitting snug on the Ross sea, or that, in the event of a forced landing, he may now be pushing his way toward the nearest China Clipper Points Nose Towards ’Frisco Honolulu, Dec. 5.—(?)—The China GOVERNMENT READY 10 OFFER EVIDENCE BEARING ON CHARGE 60 Witnesses Expected to Tell of Happenings at First Conspiracy Trial EIGHT FARMERS ON JURY Judge Refuses to Let Prosecu- tor Reconsider and Chal- lenge Banker A jury of 12 men was completed at 11:50 a. m. Thursday in the federal perjury trial of former Gov. William Langer and three associates in United States district court, The jury was completed after de- fense attorneys had exhausted all but one of its 40 peremptory challenges. The government had four of its 2¢ peremptory challenges remaining. The trial of Langer, Frank Vogel, former state highway chief, R. A. Kinzer, former state relief adminis- tration secretary, and O. B. Erickson, chairman of the Republican state central committee, opened last Tues- day. First testimony from government witnesses was to be heard at the opening of the afternoon session of the court. Three Score Witnesses More than three score witnesses are expected to be called in the case by government and defense. United States District Attorney P. W. Lanier, prosecutor, said he expected “30 or 40” witnesses would be sum- moned by him, while defense counsel revealed they plan to call approxi- mately 25 witnesses in addition to the four defendants. Eight farmers, a banker, nursery manager, packing company employe, and a building contractor, compose the jury. Chosen to hear the evidence after two and one-half days of examination of talesmen are: H. J. Evenson, Plaza, farmer; Wal- ter Maercklein, Oakes, farmer; Thomas Hughes, McKenzie, farmer; George Allen, Pleasant Lake, farmer; B. E. Ketchum. farmer, Linton; John F. Keenan, packing company employe, Minot; J. G. McClintock, Rugby, banker; Albert Bjork, Montpelier, farmer; Robert Paton, Neche, farm- er; Olaf Wick, building contractor, Valley City; C. A. Johnson, nursery manager, Valley City; Charles Wal- loch, Forman, farmer. One Served on Former Jury Hughes was the only one of the 12 who served on the jury in the second conspiracy trial of Langer which ended Nov. 15 in a disagreement. Vogel, Kinzer and Erickson were triec with Langer at that time. The perjury charges grow out o1 allegations made by the four in an affidavit of prejudice filed against {Federal Judge Andrew Miller, who presided at the first federal con- spiracy trial of Langer, and other defendants in 1934. Erickson was not tried at that time. The trial ended in conviction but the decision was later reversed by the U. 8. circuit court of appeals, which orderedya new trial. ‘ Federal Judge A. Lee Wyman, sit- ting in the perjury case, was named to replace Judge Miller in the sec- ond conspiracy trial. The four defendants are alleged to have made false statements in their affidavit of prejudice. Said Miller Was Unfair They claimed in their affidavit that Judge Miller made prejudicial state- ments to the jury panel prior to trial of the first conspiracy case and that he ordered committments prepared Prior to the return of the jury's ver- dict. The government contends these allegations were false. A pressing crowd, gaping through the tiny courtroom-door windows, watched conclusion of the jury selec- tion Thursday. The courtroom was packed with those on the jury panel. Chief Defense Counsel Francis Murphy waived his right to peremp- tory challenge thrice, after he had ex- hausted 39 challenges. On his third waiver, Lanier studied the list for several minutes, then an- nounced “that’s the jury.” The jury was sworn. Wyman Addresses Jury “You are sworn to try this case, your responsibility is equal if not greater than that of the court’s,” Judge Wyman told the jury. “It is highly important that you do nothing that will result in a miscar- riage of justice or a mistrial of this case.” He cautioned them against «Continued on Page 2wo) GHoReING DAYS TLL LARIST ARS