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Bismarck daily tribune. (Bismarck, Dakota [N.D.]) 1881-1916, January 24, 1911, Image 5

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Tuesday, January 24, 1911.
We' Announce
.An early arrival of new
Kjnojc Hats
For spring. The latest block from
the leaders in men's headwear. Will
be pleated to show you
Our store open Wednesday and Sat
urday evenings closed all other
nights at 6:30.
Che "Clever Clothe*" Shop
ft^OTBlUA A A I 1ft 3*
Ship Your
Butter & Eggs
Dressed Meats
and Poultry
To me for quick solos
and good pricos
All foods handled on
Cayou Commission
Bismarck N. Oak.
OfficiiWinfttni. Mailft2iiSt.
First 'work was done by the house A petition was received from aev
esterday as a committee" of the eral voters of Mountrail! county pro
./hole H. B. No. 1, ratifying the in-Resting against the creation of one
come tax amendment to the consti* legislative district out of Mountraill
tution, of the United States, being up and MeKensie counties.
for consideration. W»e committee,) Senate bill No. 40, involving tech
with George Homnes aa chairman,
amendments were agreed to.
On general orders for today there
are three bills, No.'s 9, 77 and 79. It
is expected that work in the com
mittee of the whole will be done
every day during the present week,
and with such work being done rapid
progress may be expected.
**was in session only a few minutes as given its first and second reading
1 the income bill was the only one up
4ftV and the amendments proposed to it ittee.
by the committee to» which, It was,
m,' Vbriginally referred, were slight. The tak
Speaker Hanley stated that practl- offices,
cally all of the bills would be on the
changes in the probate law, was
referred to the judiciary com-
N a 2 6 a
he a a
committee and sent to the committee
on drainage.
The new bills introduced follow:
H. B. No. 165, Nestos, creating de
partment for the installation of uni
form system of accounting in insti
tutional, state, county end municipal
desks of the members by Wednesday! charitable institutions and county
evening and that he noped to see work
progress quite rapidly in view rt that
Ways* and means.
No. 166, Hoge, excepting
a aBS
ocIatlons from taxation. Tax-
167, Fraine, increasing
of the county Judges.
H. B. Jo.
tihe salaries
State aiairs.
H. B. No. 168, Homnes, creating
commission to codify probate laws
and appropriating $1,500 .therefore.
H. B. No. 169, Scott, requiring pay
ment of road taxes in cash. Taxes
and tax laws.
H. B. No. 170, Hyland, making
three members of the pardon board
a quorum instead of four. Judi
H. B. No. 171, Fraine, increasing
cost of maintenance for patients at
state institute for feeble minded to
$15 monthly. Appropriations.
H. B. No. 172, Moen of Benson,
providing for Amendments to the law
relating to proof of planting trees
for bounty. Forestry.
H. B. No. 173, Hoge, relating to
by-laws of private corporations. Cor
porations other than municipal.
H. B. No. 174, DeNault, increasing
cost of maintenance for patients at
state asylum from $10 to $15 a month.
H. B. No. 175, Doyle, of Mcintosh.
Initiative and referendum. Judici
H. B. No. 176, Fraine, appropriat
ing $30,000 to allow for the construc
tion of six new armories in the next
two years. Military affairs.
most^clever and progressive women
have learned it's to their advantage to
carefully read the advertisements.
The up-to-date woman of today sits down
and takes her paper and reads the advertise
ments carefully before she goes "shopping."
In fact, the sale is usually made before she
leaves the house.
She has learned by experience that the
merchant who is up-to-date and has the best
offerings, is the one who makes his influence
felt through constant advertising.
If he did not do this he would not be an
up-to-date merchant. Neither would bis goods.
The back number merchant never adver
Shopping at home, looking through the ads
before you start out, saves time and annoy
ance and Is sure to result in both economy
and satisfaction.
You'll save by reading the advertisements.
the institution from Walsh county for
murder, to be discharged from the
trary at the time of the hearing,
the warden and the order of the
court was immediately obeyed. Thus
ended one of the greatest criminal
cases in the history of the northwest.
On January 3, 1901, Barry killed
hie hired man, Andrew Mellem, in
the barn on the former's homestead,
by stabbing him in the neck with a
knife, severing the jugular vein
the caiv.ac aitery. Barry claimed
that Mellem had wronged his sister
who was a mental defective. The
girl afterwards died in the state asy
lum for the insane at Jamestown.
Barry immediately betook himself to
Langdon where he told the authori
ties that he had killed Mellem and
gave himself up. He said that he
had tried to hang Mellem but was
unable to do so and finished him with
a knife. He was seen by several
parties who thought that he was act
ing queer or mentally unbalanced at
the time.
The information was filed Febru
ary 11, 1901. charging him with mur
der in the first degree, and the first
trial commenced July 16 of, the same
year in the district court at Lang
don, Cavalier county. On August 19
the jury returned a verdict, findings
the defendant guilty as charged in
the information and fixed the penalty
at life imprisonment. At this trial
Barry was defended by: Tracy Bangs
of Grand Forks, and "Bill" Erwin, the
famous criminal lawyer of Minnesota,
and two other attorneys. The state
was represented by State's Attorney
W. B. Dixon, and by John M. Coch
rane of the firm of Cochrane ft Cor
lies of Grand Forks. Mr. Cochrane
was afterward justice of the supreme
court of North Dakota. On August
27, 1901, the court pronounced sen
tence in accordance with the verdict
rendered and sentenced Barry to hard
labor at the penitentiary at Bismarck
for the rest of his natural life. He
was taken by the sheriff of Cavalier
county to Bismarck and delivered to
the warden and commenced to serve
his sentence.
Barry then prosecuted an appeal to
the (supreme court from the judgment
delivered by the court and that body
sustained the appeal, set aside the
William Barry, Serving Sentence for
Murder, is Granted His Liberty
Hon. W. H. Winchester, Judge of served from August
the district court of the Sixth Judi- March 23. 1903.
cial district, after listening to argu- The second trial
menu on the returns made by Ward
en F. O. Hellstrom of the state peni
tentiary to a writ of habeas corpus,
and nothing appearing to the con
wih. The prisoner was in attend
ance at the hearing in the custody of
penitentiary and set at liberty forth
ordered William Barry, sentenced to of Grafton, while the state was a»
27, 1901, to
commenced at
Langdon November 3V 190?, Judge
Cowan of the Second! Judicial district
sitting upon the case upon the writ
ten reqarest of Judge Kneeshaw of
the Seventh judicial district. The
defendant was represented by Attor
ney Tracy Bangs of Grand Forks, W.
E. Pnrcell of Wahpeton, and Myers
sisted by Frank M. Nye, now United
States congressman from Minnesota.
On November 28, 1903, the Jury re
turned a verdict finding the defend
ant guilty of murder in the second
degree and fixing the penalty there
fore at seven years in the peniten
tiary. The court, however, refused
to accept this verdict and returned it
to the Jury, ordering them to care-
The state then took a change of 2 5
venue from Cavalier county to Walsh' fhnf S
county over the objection of the de-
fendant. The third trial commenced
again sentenced to the-state peniten
tiary at Bismarck for the rest of
his natural life, and immediately con
veyed to the penitentiary by the sher
iff of Walsh county and delivered to
the warden, and commenced to serve
his sentence.
in the second degree, tot-wit, ten
judgment oT the 'districT cTurt a verdict, the defendant had been march Monday evening
fled its Judgment March 23. 1903 sol1'* Judgment so that the time of B. G. Skeelr., E. W. Miller,
that under the first sentence Barry
service by the defendant would be
the same as if sentence had been
pronounced upon the verdict returned
November 28, 1903.
The district court, however, failed
and refused to so modify its judg
ment, and in the spring of 1907 the
defendant took out a writ of habeas
corpus in the supreme court, alleg
ing that he was restrained from his
liberty by F. O. Hellstrom, warden
of the state penitentiary, contrary
to law and to the constitution of the
state of North Dakota and the con
stitution of the United States, and
attacked the judgment as illegal and
void. Ex-Attorney General McCue
acted as attorney for the state. But
the supreme court held that the mat
ter complained of could not be raised
on a writ of habeas corpus, and.'
quashed the writ and remanded the
prisoner to the custody of the ward
habeas corpus. On January 19, 1911,,
then, petitioned the district court of
county for a writ which was
ir.sued on that day against F. O. Hell
strom. warden of the state peniten
tiary, respondent, and returnable be
fore Hon. W. H. Winchester Jan
uary 23. 1911.
Wardon Hellstrom made returns on
^!d day to the writ, brinerlng the
rrlroner, William Barry, before the
court. The respondent was repre
sented by cue of the assistant at
torneys general, and after hearing the
.irjtuipents in the case, the judge
handed dovn a decision as noted in
a preceding paragraph and set the
prisoner free.
Barry and his brother will remain
in the city for a day or so and will
•h«n go east. Messrs. Niles and
Koffel Tvho .have conducted the case
for Mr. Barry feel highly elated that
through their eoffrts the man hav
gained his liberty and that Barry
himself appreciated their work was
shown in the manner in which he
expressed his thanks after he was
told by the judge and the warden
that he was a free man. Tears
came to the eyes of the former pris
oner when he realized that not again
would the prison doors close behind
him and that henceforth he was to
be allowed to come and go of his
own free will In expressing his
thanks to the judge and others he
said: "I thank God, and you, judge,
and all of the rest of the gentlemen
for what they have done for me." At
the close of the hearing Judge Win
chester remarked: "I have always
had my doubts about the justice of
the imprisonment of Mr. Barry and
am pleaded that he has at last gained:
his liberty.''
Body Was Shipped to St. Paul Last
Evening Where It Will Be Buried
Beside That of His Mother.
The funeral of Dr. C. A. Bentley
who died recently at the home of
his si'Bter, Mrs. E. L. Faunce, was*
heltti from the Presbyterian church
Monday afternoon at half past two
o'clock. The ceremonies were under
the auspices of St. Elmo lodge, No. 4,
Knights of Pythias, of which society
Dr. Bentley was a member.
The church services were preceded
by a brief service at the house. Rev.
Ellsworth of St. George's Episcopal
church, in compliance with the re
quest of the deceased preached the
funeral sermon. Music was furnished
fully consider the instructions given1 5»a,e W consisting of
by him as to the law in the ca*e and Messrs Chase^ Hahrorson, Vandever
to return a verdict accordingly, and
that they should not. find or agree
upon any other verdict. Thirty-nine
hours after the court had refused to
accept the first verdict returned by
them the jury again returned to court
and stated that they were unable to
agree upon a verdict
thereupon discharged, fchem, remand
ed the prisoner to jai[ without bail
and ordered a new trial.
and Humphreys, and by Mrs. J. A.
Graham and Miss Alma Marcellus.
The body was shipped to St. Paul
Monday evening on No. 2 where it
win be laid to rest this morning be
side Jihat of the doctor's mother.
Judge M. J. McKenzie represented
a as e8Cort to
and accompanied the remains. The
members of the St. Paul lodges of
Knights of Pythias were notified by
at Grafton at the May term of the
district court of said county, 1904.
Attorney Frank M. Nye again as
sisted the state in the prosecution
and Attorneys Bangs, Pureed and
Meyers appeared for the defendant.
The jury returned a verdict of guilty
of murder in the first degree and
fixed the penalty a^Me imprison*]•f++++++»+*++**»*»++»»**»—»+—++
ment. On June 18/1«04, Barry was
1 1 1
the buriat services
sisters the deceased also accom
panied the remains and will be pres
I ent at the last rites.
services. The
The local lodge of the Modern
Woodmen of America will meet this
evening at Baker's hall at 8 o'clock.
There will be initiation and import
ant business to transact. A large
attendance of members is requested.
There will be a regular practice of
the Company A basket ball team at
the Armory this evening and all
He again prosecuted an appeal to
the supreme court from his third
conviction and sentence, the supreme
court sustaining the appeal. It held
that the proceedings of the district members are requested to"be present
court were without authority of law,'as "there will be a game with the
and found that the only valid verdict famous Hamilton team of Two Riv
rendered In the several trials was the ere. Wis., in the city Saturday of
one of November 28, 1903, and furth- this week.
er held that the district court should
have accepted that verdict and rend-( SLEIGHING PARTY.
ered judgment for the minimum sen- mm~~Z ..• .
tence provided by law for murder,
I M*nJ?an
years. It also held that although A number of the residents of Man
dan enjoyed a sleighing trip to Bis
no judgment had been entered on dan enjoyed a
awarded him a new trial. It also Vestrained of his liberty under it and Ing Bupper at the Grand Pacific they
ordered the district court to modify therefore the time for his legal lm- attended one of the local theaters
its judgment In conformity with the prlsonment should date from Novem- after which they drove back across
decision of the supreme court. This!°er 28, 1903, and modified the judg-.tae river Among those who com
Sedsion was handed down December jwnt of the district court according-, prised the party^^ were Messrs and
30. 1902, and the district court modM
S the dlstrct court to mod- Mesdames S L. Nuchols F. Ellis,
,. ,•••?*"*•
City Trip Monday,
Skeelr. E W
Thomas Barry of Langdon. a broth- Report of School No. 3, District No.
er of the prisoner, then came to Bis- 53, Crofte Township,
marck and engaged the law firm of Owing to the frequent storms the
Niles & Koffel to represent the pris-' attendance has fallen off somewhat,
oner and do what they could for him. The pupils not absent during the
The law firm after looking Into the! month were Alma, Willie. Lydia and
details of the case thoroughly, de- Ernest Fricke.
cided that the proper way to bring. Wm. Fricke. director, made the
the question was by a writ of school a pleasant call last week.
J. L.
Bowers and Mrs. J. M. Hanley.
Force at Bismarck Steam Laundry
I Remember Former Manager Couch.
W. B. Couch who recently disposed
of his stock in the Bismarck Steam
laundry to A. F. Marquett and others
was the recipient of a lasting memor
ial from the many employes of that
I establishment Monday noon. For
the past year Mr. Couch has been
the president and manager of the
laundry and has been associated with
the laundry business of the city for
the past twenty-three years. To show
their appreciation of his management
the employes purchased a handsome
desk and chair which they presented
I to him during the noon hour Mon
day. Mr. Couch was deeply affected
by this token of their esteem and
will always prize his gift highly.
Wholesale and Retail
Dealers In
Coal. Wood, lee and Grain.
Corner Third and Broadway
Sec: •_'. Duty of State Examiner.)
The state examiner, through said bu
reau, shall formulate, prescribe and
install a system of accounting and re
porting in conformity with the provi
sions of this act, that shall be uniform,
for every state officer and everv state
educational, benevolent, penal and re
formatory institution. miMic institution
and every public office and every public
iccount of the same class, and which
i'mll exhibit true accounts and detailed
statements of funds collected', received
md expended for account of the pub
for any purpose whatever, and by
all public- ©ffk-ers,. employes or other
•icrsons, such accounts to show the rc
:eipt, use and disposition of all public
property, and the income, if any, de
rived therefrom, and of all sources of
tjublic income and the accounts due
and received' from each source, all re
ceipts, vouchers and other documents
kept, or that may be required to be
!ept, necessary to isolate and prove
the validity of every transaction, and
all statements and reports made or re
quired to be made, for the internal ad
ministration of the office to which they
pertain, and all reports published or
that may be required to be published
for the information of the people, re
garding any and all details of the fin
ancial administration of public affairs.
Sec. 3. Separate Accounts.) Sep
arate accounts shall be kept for every
Do you feel all tired out Do you sometimes
think yoir prat can't work away at your prefer
sion or trade any longer Do you have a poor ape
tite, and lay awake at nights unable to steep? Are
your nerves oil gone, and your stomach too Has am
bition to forge ahead, in the world left you IC so, you
might as well put a step to your misery. You can do it if
you will. Dr. Pierce'& Golden Medical' Discovery will
make you a different individual. It will' set your lazy Ever
to work. It will set things right in your stomach, and
your appetite will come- back. It will purify your blood.
there is any tendency in.your family toward consumption,
it will keep that dread' destroyer away. Even after con*
sumption has almost gained a. foothold iff the form of
lingering cough, bronchitis, or bleeding at tiic lungs, it will bring about a
cure in 96 per cent, of all cases. It is a renraiy- prepared byDr R. V.. Pierce,
of Buffalo, N. Y., whose advice is g::cn free to. elli who wish' to write himv His
great success has come from his wioe experience.-and varied practice
Don't be wheedled by a penny-grabbing dealer into taking inferior substi
tutes for Dr. Pierce's medicines, reoom-nended to be "just as good." Dr.
Pierce's medicines are OP KNOWN COMPOSITION. Their every ingredient printed
ev their wrappers. Made from roots without alcohol. Contain no habit*
forming drugs. World's Dispensary Medical Association, Buffalo, N. Y.
Be i) Enacted by the- Legislative- Assemr- oral or special taxation for service ren
by of the State of North Dakota: dered therefor.
Section 1. There is hereby estab-l Sec., ff.. Comparative Statistics.) The
lished in the department of the state
examiner a bureau to be known as
the bureau of inspection and: super
vision of public offices the principal
officer of said' bureau shall be known
as. the chief inspector and supervisor
of public offices the state examiner
shall be, ex-officio, chief inspector and
supervisor of public offices, and as
such chief inspector and supervisor,
shall appoint not exceeding two depu
ties-, who' shall receive a salary not ex
ceeding $1,800 per annum, and a clerk
who shall receive a salary not exceed
ing $1,200 per annum, and in addition
thereto an allowance for all necessary
traveling and hotel expenses while alW
,sent fromi their places of residence in
the discharge of their official duties.
appropriation or fund made by a tax- shall be the duty of every public officer
mg body, showing date and manner of and employe to keep all accounts of
each payment made out of the funds his office in the form prescribed and
provided by such apprcoriation, J.he to make alt reports required by the
name, address and vocation of each state examiner. Refusal or neglect to
person, organization, corporation or perform these duties shall be deemed
association to whom paid, and for an offense against the efficiency of
what purpose paid. Separate accounts public administration nvd the welfare
shall be kept for each department, pub- nf the people, and shall be punished
he improvement, undertaking, institu- by removal from office, after trial and
tton or public service industry under conviction by a court of competent jur
the jurisdiction of every taxing body, isdiction. Every public officer and em
and of the state, and all service ren- ptoye whose dutv it is to collect or re
dered by, or property transferred from ceive payments due to the public, shall
one department, public improvement, deposit all public moneys collected or
undertaking, institution or public scr- received by him with the treasurer of
vice industry to another, shall be paid the taxing district within three days
for ai its true value by the department, after the receipt of the same.
pi'bltc improvement, undertaking, in-! Sec. 7. In formulating, prescribing
Mitution or public service industry re- and installing a uniform system of ac
ceiving the same, and no department. counting, the state examiner, together
ni'blir improvement, undertaking, in
stitution or public service industry
shall benefit in any financial manner
whatever by an appropriation or fund
made for the support of another lc
nnrtment. public improvement, under
taking, institution or public service in
dustry. All unexpended balances orj
appropriations shall be transferred to I
the fund from which appropriated A ^^'Tmf\ 1 3 I A
whenever the account with an appro- I
!?!t ,. ,- For Infanta and Children.
Make No Mistake
To Our Patrons:—
We are the only firm in the city of Bismarck,
who sell the famous Montana Red Lodge coal
Well screened, cleaned, an excellent heat
producer and even burning coal, making it an
ideal range and furnace fuel. We stand back
of every pound we sell. Have also Hard Coal
of all kinds.
North Star Lumber Co.
Sole Bismarck Agents for Montana Red Lodge Goal
W. E. GLEAS0N, Manager
Phone One-seven—17
^r—r **-"^***—*--•-*••»-•**—-^r—Trrrrnrrrarf*r-rr rarer**v*mmsmm9*j
Do You Feel This Way
state examiner, through said bureau,
shall require from every taxing district,
state educational, penal, benevolent
and reformatory institution and public
institution financial reports covering
the full period of each fiscal year, in
accordance with the forms and methods
prescribed by him, which shall be uni
form for all accounts of the same class,
which said reports shall be prepared,
certified and filed with said bureau
within thirty days after the close of
each fiscal year by the auditing board
of said taxing district. Such reports
shall contain accurate statements in
summarized form of all collections
made by or receipts received by the of
ficers from all sources, all accounts due
the public treasury but not collected,
and of all expenditures for every pur
pose and by what authority authorized,
and also:
(a) A statement of all costs of own
ership and operation and of all income
of each and every public service indus
try owned and operated by a munici
(b) A statement ot the entire pub
lie debt of every taxing district to
which power has been delegated by the
state to create .a public debt, showing
the purpose for each item of the debt
was made for the payment of the debt
a classified statement of all' receipts and
expenditures by any state office, state
educational, penal, benevolent and re
formatory institution and all public in
stitutions, together with such other in
formation as- may lie required by the
state examiner. Such reports shall be
certified as to their correctness by said
state examiner, his deputies, the^ chief
inspector and' supervisor of public of
fices, or other persons legally author
ized to make such certificate. Their
substance shall be published in an an
nual volume of comparative statistics
that shall be issued for each class of
accounts at the expense of the state as
a public document, and shall be sub
mitted by the state examiner to the
governor for transmittal to the legis
lature at the next regular sussion, be
ginning with the session of 1913.
Sec. 6. Duty of Public Officers.) It
with the governor, state auditor and
attorney general, may employ one or
more expert assistants at a reasonable
compensation to be by them determined
and such compensation shall be paid
(Continued on page 8.)
^ei'tion -1. Public Service Indus- »«—v» VIUDUW.
•rirs.) Separate accounts shall be kept 1110 Kind Yflll HaVt AllMM RAMM
for every public service industry which I
•ihall show the true and entire cost of, Bears the
the ownership and operat-'on thereof,
the amount collected annually by gen-
w»«»««»«»w»»»» ,Mtt#t, ,„t|MMM,
I a 1
5 1
1 W 1

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