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The Pioneer Abstract Office of the County Abstracts guaranteed by Surety Bond of $10,000 filed In the office ol the County Auditor. THE CIT DULL LEASING. There was not much of a contest for the leasing of school lands in this county at the leasing held yes terday at the court house. There is an abundance of pasture in the county so that there is not much of a rush for school lands. AFTER MORE STOCK .1. B. Taylor left Tuesday afternoon for Iowa where he will purchase a carload of Jersey cows and some good horses for shipment to this city. He and Mr. Hinckley recently Jfcceived a shipment from the same place and they had such good success in dis posing of them that they decided to try it again. They expect the next shipment to arrive in the city in about ten days and the #ate of the sale will be announced in the Trib une. TREE PLANTING DAY. Everything is in readiness for the planting of trees in Bismarck's new park. State, county and city officials have been invited to assist, the pub lic and parochial schools will send committees to plant a tree for each class. All citizens who wish to as sist are requested to meet at tlbe Com mercial club rooms at 3 o'clock this afternoon and conveyances will be provided to take them to the park. The holes are already dug and sev eral of Bismarck's pioneer tree plant ers will be on hand to superintend operations. Livery References Bismarck Bank First National Bank P/E. BYRNE Official Abstracter of Titles for Burleigh County BISMARCK, N. D. Taxes Paid for Non-residents Byrne's Abstract Reports issued twice a week, contain the current real estate transfers of the county. YOUR OPPORTUNITY IS NOW The Company, product, rate of growth, market demand and margin of profit will never be found in happier combination for prudent investing than in the NYBORG QUICK-THREADING NEEDLE COMPANY:. Stock is now at par. In one year you will not get any at treble. Exceptional earnings ire assured— Just drop a postal saying—Show me. GEORGE H. PAUL At All Hours Day and Night Funerals Given Special Attention A. C.HINCKLEY & CO. Phone 6. After 11 p. m. 30 208-210 Fourth Street Shirts Shirts HAVE YOU SEEN OUR SHIRTS? Any County Official of Burleigh County Bismarck, N. D. HAS A NEW WASHMAN W. A. Jacobson-, formerly with the Star laundry at Watertown, S. U., has arrived in the city and taken the po sition as washman at the Bismarck Steam Laundry. Mr. Jacobson will move his family here in the near future. GIVE A DIME SOCIAL The seventh and eighth grades of St. Mary's school will give a dime social at the school hall this after noon at 3:30, lasting until 6, and a cordial invitation is extended to ev eryone to attend. ALTAR BOYS VS. ST. MARY There will be a ball game this af ternoon at the St. Mary's schoool grounds between the Altar boys of St. Mary's church and the team from St. Mary's school. There is always intense rivalry between these two teams and a close and exciting game is looked for. MEET WITH MRS. SMYTH The Fortnightly club will meet at the home of Mrs. F. R. Smyth this (Wednesday) afternoon. ROBT. MORRIS IMPROVING News was received in the city on Tuesday afternoon stating that Rob ert Morris, city ticket agent of the N. P.. is geartly improved and that now there are great hopes of his ulti mate recovery. FOR MORE AUTOMOBILES. Chris. Henzler left for Minneapolis on No. 8 Tuesday afternoon to secure more automobiles. He cannot get hold of enough to keep, up with the demand. They are made by Wilson Bro's. We have shirts to sell at $1.00. We have shirts to sell at $1.25. We have shirts with cuffs to sell at $1.50 We have shirts made of imported Scotch shirtings to sell at $2.00 We also have them with soft cuffs and with soft collars and cuffs, in fact most any thing that you want if you will only call and see them. "The Boston" R. L.. E S Prop Shirts Shirts FT. LINCOLN, N. D. FOLEY IN DEMAND. Is Making Great Success on the Lec ture Platform. Since his first appearance on the lecture platform a couple of weeks ago at Grand Forks, James W. Foley has received a large number of in vitations from different parts of the state to give his readings, and Mon day evening he appeared before an enthusiastic audience at Valley City and last evening gave a return data at Grand Forks where he met with another enthusiastic reception. Mr. Foley's readings consist of original remarks and the reading of a number of his well known and exceedingly popular poems. He will probably do considerable of this work during the present summer and fall. BREEN A CANDIDATE IS PROMOTED Syllabus by the court. Appeal from the district court of Stutsman county, Burke. J. Action to quiet title. Judgment for plaintiff, defendants appeal. Affirmed. John Knauf for appellant. George W. Thorpe and Rickel and Dennis, for respondent. Opinion of the court by Morgan. C. J., all concurring. Ellsworth, J., being disqualified, did not participate. W. C. Crawford, judge of the Tenth judicial district, sitting in his place by request. Sand Swept Atia. In the arid lands of central Asia the •ir is reported as often laden with fine detritus, which drifts like snow around conspicuous objects and tends to bury them in a dust drift Even when there is no apparent wind the air is described as thick with fine dust, and a yellow sediment covers every thing. In Khotau this dust sometimes so obscures the sun that at midday one cannot see to read fine print with out a lamp. It Really Happens. The Woman—Here's a wonderful thing. I've just been reading of a man who reached the age of forty without learning how to read or write. He met a woman, and for her sake he made a scholar of himself in two years. The Mau—That's nothing. I know a man who was a profound scholar at forty. Then he meta wo man and for her sake made a fool of himself in two days.—Cleveland Lead er. BISMARCK DAILY TAI1UNI, WEDNESDAY MORNING, MAY 4, 1910. Will Run For Nomination for Office Of Sheriff. William Breen, formerly in the clothing business in this city, and now giving his attention to his farm ing interests near the city, has an-ises nounced himself as candidate or the democratic nomination for sheriff, and his petition will be circulated to day for the first time. Mr. Breen is one of the old residents'1 of */ie coun ty and is a democrat from the ground up, His many friends will undoubt edly rally to his support. Joseph Wright, who has been in the employment of the First National bank for several years, //ill be trans ferred to Wilton to the McLean Coun ty bank, to take the place of G. A.was Hubbel, who has resigned as assis tant cashier. Joe's friends will re gret his removal from the city but congratulate him on his promotion. GOOD BARGAIN. John Homan has purchased the old Louis Bureau property on the corner of Broadway and Fifth street. He wiii improve it when he gets his plans matured. HELP THE COUNT. The census of the first ward has I been completed and if any one hashas not been enumerated or knows of any one who has not been counted, if they call up 313 and give the name and address the matter will he promptly attended to. REGULAR SES8ION. The county commissioners are now holding their regular session and are transacting routine busineis. In the Supreme Court C. L. Miller, respondent, vs. Gussie R. Smith, et al.. appellants. 1. A deed to real estate, absolute in terms will not be declared a mort gage unless the evidence is clear, specific, satisfactory and convincing,, that such was the intention of the parties when the conveyance was ex ecuted. 2. One of the most decisive tests to determine what the intention of the parties was is whether there ex ists a debt from the grantor to thehis grantee, as there can be no mortgage without a debt or liability to be se-be cured. 3. The form of the conveyance is not controlling, and parol evidence is admissible to show what the real agreement was. 4. The declarations of the parties at the time and subsequently are also admissible to determine what the real intention was. 54. A contract to convey on fixed terms does not necessarily show that the transaction was for security pur poses, although the sum to be paid on a reconveyance is a sum equal in amount to the sum secured, by a for mer mortgage. 6. A security contract may be changed to be an absolute convey ance subject to an option to repurch ase under fixed terms. On such is sues the intention will be scrutinized to see that the act was not influenced by financial circumstances of the debt or or the oppression of the creditor. 7. Evidence considered, and held, not to show that a deed and accom panying contract are a mortgage, but an absolute deed with the privilege of a re-conveyance on payment of a definite sum on or before a day cer tain. CARL OLSON TELLS HIS SIDE OF STORY INSISTS THAT HE I S INNOCENT OF THE MURDER OF PAUL PETTER80N. Has Been Confined ini the Peniten tiary for Five Year* Was Sent Up On Circumstantial Evidence. There is being considerable inter est aroused here over the case of Carl Olson, who is servinig a life term in the penitentiary for the mur der of Carl Petterson, who was kill ed six years ago this sprinig, near Towner, McHenry county. Petterson was murdered on his ciaim where he was living alone, the deed being committed with a small axe, which was found on the prem covered with blood and. human hair. The murder was not discover ed until at least two weeks after it was done, and soon after that Olson was arrested on suspicion, as the personal property of the murdered man. consisting of three horses and a wagon and double harness, was found in the possession of Olson, he claiming that he had purchased them from a man he met on the road and who was an entire stranger to him. Olso was living on his claim at the time and was alone and had no way of proving an alibi, and he claims he railroaded to the pen. Through the courtesy of Warden Hellstrom a Tribune representative was allowed to interview Olson yesterday, and got his side of the story. Olson is a rather tall, light com plected Scandinavian and has the prison pallor to a marked degree, having been confined in the institu tion since June 9 1905. He is em ployed in the machine shop and the officials say has been a model prison er all the time. He was visibly affected when the reporter was introduced to him, and been considerably excited since receiving the news of the finding of a coat on the N. P. bridge near this place, and in which a note was found which contained, among other thinigs, a statement of the determiniation of the owner to commit suicide, and a confession that he was the man that killed Petterson and then sold the property to a man unknown to him. Olson states that he met the man on the road and then and there purchas ed the oufit as it was just what he needed to do the work with on his claim, which he had just taken up that spring. He states that he was slightly sus picious of the man, but that he told a straight forward story about the ownership of the team and finally sold them for $45. This was not such a small price then, as the horses were in poor condition and horses were not bringing much in the mark et at that time. He states that he was acquainited with Petterson but that he had never bad any trouble with him, and he stated to the reporter with tears in eyes, that his history could be traced from the cradle and it would found that he had never had a fight in his life or even a serious dis agreement with any of his fellow men. He thinks there were people in McHenry county who were anxious to get rid of him and that he was rail roaded to the penitentiary. When asked if he had anything to say to the press, he stated that he was not used to saying much, but that he was innocent and that he would appreciate anything that could be done to get him out of the pen and that he was entirely innocent of any complicity in the crime with which he was charged. He told with tears in his eyes of how his imprisonment was wearinig on him and stated that at times he was afraid he was going to lose his mind, but now a ray of hope has come he would take on renewed courage. He says that he had a wife and two children, but that they had not come to his claim to live has he had not proper quarters fixed up for them. His wife has secured a divorce and remarried since his imprisonment in the penitentiary. The man's brother has been in the city since the finding of the note which seemingly exhonorates Olson from all connection with the crime, and he suggested searching the river for signs of the man who is supposed to have committed suicide, but this has been abandoned, as the Mis souri river never gives up its dead at this point as the shifting sands at the bottom of the river quickly cover any object thrown into it, and there has never been known an instance where the body of a drowneded man has been recovered. Just what steps will be taken by the state or county officials to in vestigate the matter cannot be said, but there will probably ite •some ac tion, "'^fil At the last June meeting of the state board of pardons Olson had an application in, but it was not acted upon. When the interview with the re porter was ended and the guard came to take Olson back to the machine shop, the man stood with bowed head and dejected mein and with tears streaming from his eyes while he waited for the turnkey to swing back the big steel barred door which would again shut him out from communica tion with his fellow men, and the re porter could not help feeling, after the conversation with them man, that an innocent party was being confined behind the bars of the North Dakota state penitentiary. Nothing More tt sray. "Sir," said the candidate, "you prom lsed to vote for me!" "Veil," said his Dutch friend, "and Tat if I did?" "Well, sir, you voted against me!" "Veil, vat if I did?" "Then, sir, you lied!" "Veil, vat If I did?" Yoiio THIS HAS OFTEN HAPPENED I BE GOOD C. B. UTTLK. Pr«idso*. F. D. KKNDBICK. Vic. Irj-t. J. L. 8KIA. Ce.bi.t H. M. WM8KH. AHiitent CMhler. S E O S I O FIRST NATIONAL BANK I S A N Established in 1879 Capital and Surplus $130,000.00 General Banking Business re O A N S A E O N A A N S Safet Deposit Boxes for Rent BETTER HAVEall \&UR \5VLUABLE55ECURE In our "CAFETY DEPOSIT ~m Have you not many things—jewels, heirlooms, valuable papers, notes, and perhaps YOUR WILL—which you would like kept in an absolutely safe place? Our vaults are strictly fire and burglar-proof. We shall gladly show them to you if you will call. We will rent you a box in our safety vaults for a whole year. Then your valuables will be safe. FIRST NATIONAL BANK Automobile Tire Treads Mr Motorist, do you realize that two-thirds of your troubles and expense are caused by your tires? Why not eliminate all of your tire trouble and over half the expense by equipping your machine with Brictson Detachable Treads, the only Tread that pives absolute pro tection against water, dirt and consequent wear. The cost of a set of four of these treads, 34x4, other sizes in proportion, is $80 as against about $200 for anew outfit of rubber tires. Send for price list and descriptive matter. 615 Tenth St. O E Bismarck, N. D. E. J. t. A MUMN, StaMger T.J. BISMARCK ELECTRIC CO. Eleotrioa Wirin and Supplies I S A N D. Phone 108 Third Street "The Daylight Store" To your feet for they are your best friends. We emphasize the comfort qualit ies of our footwear built on lines that give absolute free dom to the foot, and yet combine all the style and wearing qualities required of a high class shoe. Just now our shoe stock is very complete, we're showing double the number of styles in new Oxfords that we've ever shown before, would be a pleasure for us to show you. All Leathers—Tans and Black. Stetson and Ralston Health, We close each evening at 6:30 except Saturday S. E. BERQESON & SON MONEY T[0 LOAN I want $25,000 worth of First Mortgage Farm Loans at once. None but applications on improved farm lands will be accepted. Call or write D. O W E N S Tribune Bldg., Bismarck. St Bismarck, N. D.