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Father Resents Pants Kicking Suggestion. Story on Page 3. The Weather Mostly cloudy tonight and Tuesday; not so cold tonight. THE BISMARCK TRIBUNE North Dakota’s Oldest Newspaper ESTABLISHED 1873 BISMARCK, N. D., MONDAY, DECEMBER 20, 1937 Japan Offers New Version of Bombing REPORT AT VARIANCE PRICE FIVE CENTS Supreme Court Frowns on Wire-Tapping Evidence Charity Folk See ‘Skimpy’ Baskets + SPROHIBITS USE OF SUCH INFORMATION _INCRIMINAL TRIALS Decision Upsetting Circuit), Court’s Ruling May Give New Trial to 4 , TWO JUSTICES DISSENT “Gutherland, MoReynolds, Say ~ Majority ‘Lose All Sense In Monday's opinion the court ma- Jority, through Justice Roberts, as- serted that the 1934 communications act barred use of wire-tapping evi- FDR’s Christmas Card Simplicity marks this modest card selected by President Christmas and Mrs. Roosevelt for mailing to their friends this season. #22 <|Mack Case Limns Relief Dilemma by Influx of persons on | Relief Lists necessary without use of the evidence, obtained by wire-tepping. What to do with them? Langer. MAN SHOT WHEN HE CAN'T OBEY ORDER Policeman Kills Holdup Victim) by Mistake; Couldn’t Raise Manacled Hands Rockford, Tl, Dec. 20.—()—Ben- jamin Mullen of Chicago, a gold sgles- man, was fatally wounded Monday by ®@ policeman who mistook him for a robber because he was unable to re- THEFT AND HOLDUP OF HEIL MERCHANT Willard Eikamp and Albert Hoff- man, Burt, to Be Arraigned Here Today Two Burt, N. D., youths who Sat- urday confessed to stealing a car in Bismarck and to holding up a Heil, N. D., merchant at pistol-point, will be before Police Magistrate E. 8. Allen for their preliminary hear- ing sometime today, according to Bur- leigh county Sheriff Fred Anstrom. The youths, Willard Eikamp, 20, and Albert Hoffman, 21, snared with grand larceny, Anstrom rey In their signed confession they ad- George C. Myel Oct. 7 and driving it to Lemmon, &. D., where they abandoned it, and holding up a Mr. Silver, Heil merchant, Dec. will be |© YOUTHS ADMIT CAR |ROUSING BILL SPED TO SENATE ARTER APPROVAL INHOUSE Congress Striving to Pass One Major Measure Before Adjournment More Money Needed If Tables of Poor Are to Be Well Filled Says Dahien Washington, Dec. 30.—UP)—Congres- sional leaders rushed the housing bill to the senate Monday in an attempt to 10., Anstrom said the youths’ took |tesid $10 or $15 from Silver in the stickup. | a hy, Arrested at Burt ‘The youths were arrested by An-|80 similiar, leaders said, that com- strofh and Frank Yeater, former Bis- | Promising the differences should take marck deputy, at Burt last Friday night after the officers cornered them in a@ pool-hall there, Anstrom said. They were then taken to Mott, Hettinger policeman acting as a special | Virtually no time. The only I control program. ate bills are s0 greatly at. variance, ty seat, where Sheriff Jack Black | however, that an agreement cannot be of Hettinger county helped secure the confessions. Anstrom said Monday he was cer- tain the arrests had solved a series of petty crimes which have puzsied Burleigh and Hettinger county peace officers for several weeks. Both he|,, and Black had been working together on the case for some time, he said. ed until next month. called the color of a Wild West drama a8] ticcess, Anstrom described it. eithér of the youths was there. When the pair saw the Bismarck officer enter, one made @ dash for the back door, throwing his away as he dashed out into the dark with Yeater hard on his heels. Meanwhile Anstrom saw the other youth bolt through the front door, round a corner between two buildings and duck low as though concealing something. Later this “something” turned out to be a revolver, Anstrom said, Anstrom made short work of catching this one. Taken to Mott for questioning, the pair denied all knowledge of any ‘NOONAN SLAYER IS GIVEN LIFE crimes until one of them broke down! Judge Gronna Sentences Mike after several hours of grilling and ad- mitted his part. The other's confes- sion followed, Anstrom sai RHODES CANDIDATES NAMED Mitchell, 8. D., Dec. 20.—(#)—Ger- Len, Who Slew Aged Neighbor Dec. 10 Crosby, N. D., Dec. 20.—VP)—Mike ffort. Sunday a squad of Legionnaires and suxiliary members and other volun- teers worked throughout the Open Heart Fund Now Is at $646.76 Aare of $125.66, Monday, have lifted the ‘aah aval able to the Open York Heart cam- paign to $666.76. Included in the ‘amount is $28.66, the proceeds of the silver collection taken Sunday afternoon at the ‘annual Open concert. The position of the fund Monday was a8 follows: Mother Asks News Of Son as Present Bismarck police Monday heed to a mother’s tearful plea with @ broadcast request that her son notify her of his whereabouts. mother, Mrs. James Fe- D. ©. postmark. Distraught and anxious, she has been “worried sick” over the long silence that has clothed Steve's movements in mystery since then, @ daughter told Chief of Police MA R. Ebeling. Steve is 25 years The daughter, Miss Geneva Fe- dora, now works in Bismarck. And she’s hoping that somewhere, somehow, her brother will “write home now.” “It would be the most wonderful Christmas present mother could receive,” said Geneva, with a trace of @ sob in her voice. U.S, ANBASSADOR | TO GREAT BRITAIN DIES IN BALTIMORE Robert W. Bingham, Louisville Publisher, Is Victim of WITH STORIES TOLD BY U. 8. SURVIVORS Military Attache Says Gunboat Was Moving, Flags Were Not Visible NEW OFFENSIVE IMMINENT 3 American Warships at North China Port; Japanese May Strike at Canton (By the Associated Press) The Japanese military attache Mon- day issued a report on the sinking o! the United States gunboat Panay which contradicted virtually every statement previously made by Ameri- can naval officers and British, Ite- lian and American survivors. The report by Major Gen. Kumaki- chi Harada was “the sum total of staff officers’ investigation” of the bomb- ing of the Panay and three Standard OL company vessels Dec. 12. In conflict with the stories of sur- vivors, Harada’s statement: 1... Denied that Japanese army boats had fired on the Panay as it was sinking. 2. . . Asserted the gunboat was mov- ing at the time of the incident when officially it had been reported anchor- ed for more than two hours in the Yangtze river 27 miles above Nanking. After the statement was completed, Harada answered a barrage of ques- tions by reporters, who included three eye-witnesses: Colin MacDonald, Lon- don Times; Weldon James, United Press, and Luigi Barzini, Italian corre- spondent. Statements at Variince Because the statement wis at such variance with previously reported ac- counts, one of the correspondents ask- ed whether the Japanese, the survivors and the correspondents were discuss- ing the same incident. Generi regrets on betialf of the. depensee army. (The Japanese foreign office spokes« man at Tokyo reversed a previous statement in which he had denied categorically that the Panay had been fired upon by Japanese river vessels); Harada told questioners his inves- tigation still wag in progress and = .|2ew report might be made if Tokya were dissatisfied with the first one. | Asked whether he believed any army unit was at fault in any way, Harada replied: Says Distance Too Great “The company believe he bed at fault.” The war made it impossible, he ex- plained, to have the officers and men allegedly involved brought to Shang- FRANK B. KELLOGG ald Brown, of the University of South- |Len, 48, Noonan, pleaded guilty Mon- hai for investigation. ern California and William Armstrong |day to the first degree murder of Oaes of Harvard university, were |Amandus Moline, his aged neighbor, spond to the officer's command to raise his hands. Holdup men a short time before had The Macks, contend Burleigh coun- ty authorities, are legal residents of Kidder county and therefore the ex- i gs sioned and that the others were under IS CRITICALLY ILL present, ery of Famous Statesman, ie il i ve by Kidder weit is E i Ha il Eg g f : } | i renga H! ui | $ & 3 Fe Et i § i i e » fel | ie f E zB id a elt & 3 F a i iG F é iH g : BE Hi arrangement they are resid "Virtually No Hope’ for Recov. |i3s,18 Burlelgh county and ine i as He i i § 3 g HAE ig qe RAL : i fee 5 + F Gite § if ai fe & 3 taped Mullen’s mouth shut and manacied him’ with police handcuffs to # stairpost on the third floor of a building. sembled that of a robber. He said the hallway was dimly lighted. Temperature Climbs From Low of Minus 11 4 Stocks Up; Leaders Post 4-Point Gains New York, Dec. 20—(P)—A brisk demand for steels, Santa Claus Is Getting Rushed selected as the two Rhodes scholar- ship contestants from South Dakota, to compete in the regional contest at Des Moines. on Dec. 10, and was sehtenced by Dis- trict Judge A. J. Gronna, Williston, to life imprisonment at hard labor in the state penitentiary. Rail Receiverships Called Great ‘Racket’ Truman Washington, Dec. 20.—(#)—Sen- ator Truman (Dem.-Mo.) told the senate Monday that railroad re- Delivering orally a report from the senate railrosd finance Hig A § = Originator of Mae West's ‘Adam and Eve’ Broadcast ‘The North Carolinian who became publisher of Louisville's two news- papers—the Courier-Journal and the Louisville Times—and one of the first New Deal diplomatic appointees died disclose the nature of the illness which defied diagnosis in European medical centers last summer. Death came efter the diplomat had been unconscious three days, following ition. in November and entered the Practiced Law Bingham, born in county, North Carolina in 1871, was educated at the Bingham Military academy, founded by his great-great-grand- father in 1793, and taught there for two years. Then he turned to law and entered practice after being grad- uated from the University of Louis- ville law school. survivors have claimed it would: have been impossible for them we fired at Japanese troops ashore. 4 ‘The report also conflicted with a Japanese foreign office statement from Tokyo and quoted by Domei (Japanese) news agency to the effect that Japanese army boats machine- gunned the Panay by mistake. Offensive Imminent Meanwhile, an imminent Japanese offensive in Chekiang and Anwhei, rich central Chinese provinces, was disclosed by General Iwane Matsui, Japanese commander. The pressure of Japan’s campaign, however, was felt the whole length metropolis of the south. Three United States warships stood by at Tsingtao to evacuate about 300 Americans if necessary. A Japanese naval attack on the port, highly de- veloped by Japanese industry, was feared because of the destruction of ‘Through law and as mayor of Louis- | 000 ville, where it was met by-a special military guard. Private funeral serv- fees and burial in Louisville were scheduled for Monday afternoon. 2 Policemen Killed; 5 Youths Are Held tch Factory Fire “Takes 2 More Lives