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Friday, Marc 34, 1W1. THE $ The Famous Double Quartet The Palms ^l&i TUPLE WAS A TBURSOAY AFTERNOON PROSECUTION FAILED Tl BUB- MIT SUFFICIENT EVIDENCE TO WARRANT. Jury Entered Court Room for Infor mation and Suggest That all Sunday Closing Laws bo Enforced. At &05 p. m.,« Thursday, the jury in the case of the State vs. C. W. Tem ple, manager of the Grand theatre, -which was tried before Justice Olson, returned a verdict of not guilty.'Tem ple was charged with violating the new Sunday theatre closing statute, enacted by the Twelfth legislative assembly. The case went to the "Jury at 3:12 p. m. After they had taken several ballots they returned to the count room at b. p. m. The foreman stated that they had taken several ballots and were unable to agree.. It was said that the first ballot had^Btood 10 to 2 for acquittal. The foreman also stated that the jury desired to ask a •question for their information, as It might assist them in agreeing upon a verdict. That they had noticed In murder trials that verdicts were brought in with recommendations of mercy and other requests, and they desired to ask whether or not a ver dict in the following form would be accepted: "We, the jury, find the defendant. C. W. Temple, guilty as charged and recommend that the minimum -fine be imposed and said fine be suspended until such time as the state's attor ney, sheriff, chief of police, and po lice commissioner, and all other offic er* whose duty it is to enforce the laws of.the state and city,'shall have enforced all laws upon the statute books of the state and all city ordi nances regulating the enforcement of the so-called "Sunday closing laws, ef fecting pool rooms, cigar stores and stands, bawdy houses,- or houses of ill-fame, candy stores, livery stables, public garages, laundries, and of ball games, cock fighting, horse racing and other outdoor sports, and all other lines of business and entertainment in conflict with the above mentioned law* and ordinances." They were instructed by the court that while the verdict would be ac cepted, the request would be disre garded. Thereupon the Jury returned to the jury room, and within a few moments entered the court room and brought in the following verdict: "We, the jury, find the defendant, C. W.. Temple, not guilty in accor dance with the testimony introduced." The following prominent business men. of the city constituted the panel of the jury. G. W. Wolbert, foreman—Deputy secretary of agriculture and general agent of the. Equitable Life Assur ance company. A. B. Welch—Secretary of Bismarck Commercial club. J. A. Haney—Of the firm of Know les and Haney, Jewelers. F. E. Young—City Auditor and Secretary of the Bismarck Develop ment company. P. A. Copelain—President of Cope lin Candy company. A. J. Arnot—Assistant cashier First National oank. SPRIN MILLINERY OPENING SATURDA MARCH 25th,. 191 1 CHARMING NEW SPRING STYLES For months we have been gathering in the Newest Creations in Spring Millinery. The woman who ad mires individuality and exclus ivenessin handsome millinery will find our beautiful, largoassortment much to her liking A. W. LUCA S CO BIJOU SATURDAY NIGHT PENMA N THOMPSON' S fll A TWENTY-FIFT SEASO 2 0 PEOPLE-20 TRICES'"First five rows $1.50, next ten rows $1.00, last four rows 75 cents. Seats on sale at Knowles & Haney. Frank Feeney—Burleigh Co. Ab stract company. J. D. Wakeman—City assessor. H. T. Murphy—Insurance. J. A. Graham—Cashier City National bank. T. B. Cayou—President, Cayou mission company. W. A, Falconer, member Board of Education. JAMES HXWUHCK HOST PAY COSTS CASE IN MORTON COUNTY COURT GOES AGAINST ALLEGED VIOLATOR. Over $189 Costs Rolled Up in Civil Case—Sentences Will Be Pronoun ced This Afternoon. A verdict was found in two cases against James McCprmick of Mandan in connection with violation of the prohibition law and the costs have been attached to the defendant. The attorney fees alone in the cases come to $185 and with the costs of the court will probably run to more than $300. There has been a number of convic tions obtained in the courts in Mor ton, county against violators of the prohibition law and it appears that •there is a considerable more cleaning due when the court reconvenes. OPEN AGAIN. Carl Juhnke is again open for shoe repairing with better equipment than ever. BUMARQK DAIL IftipmUf ATTORNEYS BANQUET AT MANDAN FRIDAY E E I O N I S E N E E JUDGE8 NUCHOLS AND CRAW- FORD BY TWELFTH. About 25 Attorneys from Twelfth Dis trict Were Present and Number of Speeches Made. The attorneys of the Twelfth judi cial district were hosts at a banquet given last evening in the Paine cafe at Mandan at which function Judge Nuchola and Crawford were the guests of honor. The meeting was rather on the ofder of a combined hail and farewell reception, as Judge Crawford has been presiding judge in Morton county before the new Twelfth was organised and now Judge Nuchola has been appointed by Gov ernor Burke to. fill the term until the next election rolls around. There were about 25 present at the banquet and it is stated that about everyone made a little talk and that the meeting did not break up until the small hours of the morning. DEST MEATS Established in Business in 1883. I have fattened a large number of cattle this year having them on full feed for four months and grain fatten ed as much as they dare be fed for five and one-haif months so that the beef is properly aged and as tender as can be got in any market. The people here must learn that beef needs to be aged and seasoned to make it tender so it is better than fresh killed in quality. When you eat Gussner beef^you will find that is the case as -we-have made it our strongest feature to give people noth ing but the best ever since being es tablished in 1883. We have made our reputation on this fact of'always giving the best of everything. By fat tening a very large supply of stock here, feeding great supplies of hay and corn with the men needed to care for same keeps thousands of dollars in the country, instead of sending the money away. We kill steers that dress 650 to 900 lb- ao there is little waste and does not cost you more or contain more bone than poor and light ALBOSSARD WANTS TO MEET LOCALWRESTLERS HAS A LONG STRING OF VICTOR- IES TO HIS CREDIT IN THE EAST. Is Playing at Present at Grand Thea ter But will Be Back Here on Re turn Trip Shortly. Bismarck is entertaining one of the best little wrestlers in the United States this week Ja the person of Al Bossard who claims the bantam weight championship of the world on The Great Church Choir Superior Scenic Production Alfred Bossard, Champion bantam we ight wrestler of the world. the mat. Bossard, who is appearing at the Grand Theater the latter half of the week, has a remarkable record as a wrestler. He is at present appear ing in vaudeville to fill up the interim MARCH 25th N weight meat sometimes offered. This makes the customer gainer both in quality and quantity by buying our specially fattened choice beef. Guss ner fattens more cattle than any one man'in South Dakota, North Dakota, Minnesota or Montana and kill only the best that have been corn fed to the finest shape and condition, leaving the others to feeding until fattened right for tender meats. Gussner also keeps fine fresh lard all the time and the finest bacon in town or anywthere. They save you 15 per cent to 20 per cent on all kinds of sausages and make it with the great est care. At Gussners you will find the best mutton and young lamb there is on any market. We make it a point to have only the finest of mutton and will ask you to try it and be convinced. In canned goods too, we have the well known Hiawatha brand which is superior to any canned line sold. In the Hiawatha we carry out the model to sell nothing but the best to our customers. When you want satisfac tion and the best of everything al ways buy at Gussners. One of the leading characters in "The Old Homestead," at the Bijou Sat urday evening. #»#»#»»##^##»»»##i»»»#i#*^»i»#i»##^#ir»»##^######i#i»i»##i»*»#»»#i######*^##^#i«»# between his last bouts and several oth ers he has scheduled in the future. He will be on the stage only six or seven weeks longer and will then re turn east where he has several match es arranged. Bosard is well known in wrestling centers, such as Chicago, the Twin Cities, Duluth and other points. He has never had bis shoulders pinned to the mat by any wrestler in his class, and Frank Gotch says he has no equal in this country at his weight. He made one tour of the country meeting men thirty and forty pounds heavier than himself and left behind a large string of victories and only a few de feats. The wise ones who keep an eye on the game predict a great future for him. At the close of his present theatri cal engagement he will return through North Dakota on his way east, and would like to. take on any bantam weight wrestler in this section of the state. Any communications may be ad dressed to him in care of the sporting, editor of the Tribune. "THE OLD HOMESTEAD" HAS HAD A LONG RUN PLAY TO BE 8EEN AT THE BIJOU 3ATURDAY NIGHT MADE A HIT FOR YEARS. Capable Company has Been Engaged For Bismarck Production-Old Home Quartet a Feature. For nearly a quarter of a century Denman Thompson's "The Old Home stead,' which comes to the Bijou the ater Saturday evening, has been seen in the various cities throughout the country and the desire to witness it does not seem to show any aabate ment. It may well be called a prob lem play, the problem being how to account for the really phenomenal success which it has enjoyed through all the theatrical seasons that have intervened since Mr. Tompson first presented it to the public at the Bos ton Theatre in the spring of 1886. In speaking of the success of his play re cently, Mr. Thompson said he had never doubted what the ultimate re sult would be if only he could suc ceed in convincing the theatre-going public that he was presenting on the mimic stage real live people and ndt the venerable pictures which our fa thers knew in the days of John Owen's "Solon Shingle" with his "bar! of ap ple sass." And when people began to realize after a while that way back in boyhood days they had known char acters like Uncle Josh, Cy Prime, Seth Perkins, Aunt Matilda and the rest they were not slow to come to the conclusion that at last the real Yan kee farmer had been transplanted from the New England farm to the stage. "The Old Homestead" become a success from the start, and the rea son it is so successful in this its twenty-fifth season Is due to a great eitent to the fact that the same at tention is paid to detail as at the be ginning. CHILD ACROBAT HAS LEFT STAGE FOREVER UNCLE OF MARGUERITE COWLES SECURES CUSTODY OF LITTLE GIRL. Has Been in Bismarck Several Times and also Appeared at Mandan Fair Last Year. Marguerite Cowles, 11-year-old child acrobat, will never again appear on the stage. With Her uncle, Herbert Welch, of Salem, Mo., the girl left Minneapolis last night. She is to be adopted by Mr. Welch and will live with her uncle and her grandfather, F. B. Welch, at Salem. Taken secretly by her uncle from Mr. and Mrs. A. W. Cowles. her foster parents, who had trained her as an acrobat and who had appeared with her on the stage in an acrobatic act, the girl yesterday told Judge Wilbur F. Booth in district court that she wished to live with her uncle. Mr. and Mrs. Cowles, who had adopted the child, withdrew their objections to a change in the* chlM'B'custocfy' and signed papers waiving their claim of legal adoption and agreeing that the girl go with her uncle. It was agreed that the girl assume her own name, Mamie Abigail Johns. Little Marguerite has been seen in Bismarck several times by local thea ter-goers, once at the Bijou when that theater was running motion pictures and vaudeville, and again at the Gem. The Marvelous Cowles Family, it will be remembered, were engaged by the directors of the Mandan Fair associa tion last year and give out-of-door per formnces before the grand stand twice each day. BROUGHT TO PEN. William Dittes Brought Down from MeClusky to Serve Two Years. Sheriff J. J. Callahan of MeClusky, and Deputy Sheriff John Doherty, were arrivals in the city Thursday evening, having in custody William Dittes, who wag sentenced to serve two years in the penitentiary for al leged selling of whiskey. He was tak en to the institution Friday morning to commence his sentence. SHOES LESS THAN COST. Carl Juhnke's fire sale opens today. See his ad. Fresh Tomatoes Cucumbers ... Asparagus Cauliflower ... Radishes Onions Parsley Head Lettuce ... Leaf Lettuce Celery Puled Figs Grape Fruit Hallowi Dates Cocoanuts. flTT CCrwrtl The Gordon #at$3 The Triple Ring $4.00 All members and their friends of the Homesteaders' lodge should not forget the card party at Baker's hall Friday evening, March 24. The en tertainment committee promises you a splendid time. Mrs. G. Schnceker, Aug. Martin, J. I. Whitted, Committee. SHOES LESS THAN COST. Carl Juhnke's fire sale opens today. See 'bis ad. OPE N FOR BUSINESS I am again open for business and will ap preciate Suit Pressing and Cleaning from both old and new cus tomers. You will receive my very best attention and may be assured all work will be satis factory. Come and See Me ED. GUNDERS0N TAILOR 1st Door South Palladium Office Fifth Street iullltWi., DoYou Get Pure Clean Milk You get nothing else from us. Pasteurization makes it as clean and pure as deep spring water. Did you ever stop to think about the old cans and half-washed hot* ties in which milk is often deliv ered? Not here, though, because every bottle is sterilized before leaving our building. Pasteurized Milk and Cream. Hess Creamery Co. 722 Front St. Phone 355 Strawberries, Vegetables Extra Fancy Fruits 15c 20c 20c 20c 10c .05c 05c .:... 15c 05c 10c 15c ... 10c 2 for 25c SPECIALS AT 5 Cents. Lighthouse Clear.ser Capitol Brand Soda. Hoosier Brand Starch. 1 lb Corn Argo Brand 1 lb. Gloss Starch Tomi Glycerine'Soap. EXTRA FANCY BEEF, PORK, VEAL, MUTTON CHICKENS.