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SNOW AND COLDER TONIGHT. BANK AND POST OFFICE SAFES After Securing Thousands of :f! Running FightBetween Crim inals and a Few Citizens of Calif. Escaped Men are Believed To Be Headed for Los Angeles (By Associated Press.) NEWPORT BEACH, Cal., Jan. 13.— Burglars blew open the safe of the State Bank of Newport early today and ar-3 said to have obtained several thousand dollars. They also blew open the postoffice safe. Both buildings are partially wrecked. The robbers escaped atfer a running revolver fight with a few residents and are said to be headed toward Los Angeles. COLDEST IN EIGHT YEARS IN NEWYORK (By Associated Press.) NEW YORK, Jan. 13.—This is the coldest day New York has experienced in eight years. From 5 degrees above zero at midnight, the mercury climbed steadily down until 6:30 this morn ing it was 3 below. Then a rise set In and at 8 a. m. the temperature was 1 below, with indications of a grad uail rise throughout the day. Ab sence of wind minimized suffering. VOLUMNIOOS VOUCHERS SHOW TRANSFER GAME (By Associated Press.) CHICAGO, Jan. 13.—H. A. Tim mins, chief accountant of Morris & Conriany resumed the witness stand at the opening of court today in the trial of the ten Chicago packers. Timmlns continued testimony re garding details of the accounting sys tem used. The witness described each book and enumerated the ac counts kept in it. Voluminous vouchers were read, Showing the transfer of byproduct credits from one department to an other. ESTATE OF BAILEY FULLER PROBATED (Special to the Tribune) JAMESTOWN, Jan. 13.—The pro bate of the estate in Stutsman coun ty of the late Bailey W. Fuller, esti mated at a quarter of a million dol lars or more was commenced here today wihen attorneys Thorp & Chase of Jamestown, on behalf of the heirs of deceased presented a petition to the county court asking for the ap pointment of John F. Henderson, a son-in-law of Mr. Fuller as adminis trator of the estate. A large bulk of the valuable es tate consists of farm lands and city property in Stutsman and Foster counties, one of the areas of land including a strip five miles in length south of Jamestown, in the James River valley, the same being one of the most valuable pieces of farming property in the middle portion of the state. Mrs. Sarah Fuller, widow of de ceased, Mrs. John F. Henderson, a daughter, and Fred Fuller of Glover Vermont are the heirs who are enti tled to the property, and at the hear ing in county court held this even ing consented to the immediate issu ance of letters of administration of Mr. Henderson, a prominent local business man. The active work of probating th estate will commence at once, and will probably extend ov er a long period of time owing to the diversity of the interests of deceased and the extent of his property hold ings. It is understood that a valuable asbestos mine, and extensive timber lands in the state of Vermont will cause the total of Mr. Fuller's estate to be increased several thousand dollars. The hearing on the petition in county court was held quietly this evening at about five o'clock, only the heirs of deceased, their attorney George Thorp, and the adminis trator being present The estate is the largest ever probated in this county, and probably one of the larg est ever probated in the state of North Dakota. POINCARE ACCEPTS THE PREIMERSHIP (By Associated Press.) PARIS. Jan. 13.—M. Poincare, who was tendered the premiers/hip yester day, called upon President Fallieres early today and announced his accept ance of invitation to form a new cabinet. 0LDT1NE MISSIONARY PASSEHO BEYOND (By Associated Press.) M'MINNEVILLE, Ore., Jan. 13.— Rev. John C. Baker, the first mission* ary for the Pacific coast in behalf of the American Publication society, and founder of the Pacific Baptist, published at McMinville, died here today, aged 84. WARD COUNTY TO HAVE EXPERIMENTAL FARM (Special to the Tribune) MINOT, N. D., Jan. 13.—The Minot Commercial club in cooperation with the Better Farming association today decided to raise $5,000 a year for three years to cover the cost of ex perimental farm work in Ward coun ty under the supervision of Thomas Cooper, secretary o. the association who explained this plan of action at a mass meeting of Minot business men at the commercial club. Mr. Cooper will appoint two expert farm superintendents Who will carry the work into eighteen townships estab lishing experimental plats to show the value of crop rotation diversifica tion and the like. ANOTHER SPANISH SWINDLE CASE F. W. MURPHY OF BOTTLING WORKS HAS AN OFFER TO CONTRIBUTE. Many Letters of Same Character Have Been Received in State Re cently—No Suckers Bit as Yet. Once again the old time and over worked Spanish prison swindle has been tried upon one of the people of Bismarck. As this is the only case reported to this office lately it can not be stated how many have re ceived the same communications from the same source. A short time ago, F. M. Murphy, manager of the Bismarck Bottling Works received a letter from a man in the bastile in Madrid telling him of the great amount of wealth in —e United States that was awaiting him if he should come in possession of a certain paper. To give an idea of the order of the work carried on a copy of the letter is appended Madrid, 2-1-11. My Dear Sir, I am imprisoned in this city and I beg to beseech you herewith wheth er you want to come here to take away my equipages seizure in order to seize upon a trunk containing a secret in which I have hidden on document indispensable to you to come in possession of $330,000 that I have in the United States. As reward! I 'will yield you the third part of the aforesaid sum. Fearful that this letter don't ar rive at your hands, I will wait your answer and then I will say you my secret with every detail to to sus cribe with my name. As here, is a newspaper that pub lish all the cablegrams whose ad dresses are unknown, which it is al lowed to me to read and as I cannot receive here in the gao: your reply, you must send a cablegram to the address indicated at the end. Notwithstanding, your cable not reach to me, this will be the suffi cient to know that you accept my proposition. Awaiting eagerly to read your mis sive, I only suscribe, Vex Banker cable, but not by letter, as follow ing: Ourelio Merino, Don Felipe 15, Madrid, Well Murphy, The envelope contains the water mark of "P. E." and is a light blue regular postal size, of English man ufacture, and of the kind used for regular government envelopes. The paper on which the. letter is written is of a German ledger type and simi lar to the description of the paper used in perpetrating the swindle up on the German people a few months ago when several of the prominent merchants of Prussia were duped out of thirty seven hundred dollars each on purchase of revenue stamps. BACK FROM TRIP EAST. F. W. Murphy of the Bismarck Bot tling Works returned home the latter part of this week from a trip east, in which he called upon a large num ber of his customers. He reports things as fair along the line and so soon as the cold weather lets up a little will ship considerable quantities of his bottled goods. LEPER COLONY FIRE VICTIM (By Associated Press.) POINT JUDITH. R. I., Jan. 13.— A message was received' from the wireless station on Penikese island, which is used as the Massachusetts leper colony, stating the buildings are on fire and asking for aid, was picked up by a wireless operator here at 1 o'clock this atfernoon. The wireless operator on the island is trying to communicate with one of the revenue cutters. Penikese island lies Just in side the entrance to Buzzards bay. NORTH DAKOTAN IN TRAGEDY CHICAGO, Jan. 13.—His proffer of love shunned, Sylvester E. Adams, 50 years old, residing at 717 Winches ter avenue, yesterday shot and killed his wife's friend, Miss Edith Smith, 32 years old a teacher in a corpora tion school near AVarrenville, 111. Then he turned the revolver on himself and when belated aid came, summoned by the children of the school, the two bodies were found lying side by side at the entranse to the lonely little school house. Miss Smith was an old friend of Mrs. Adams, and she had repulsed Adams' advances, knowing he was married. Adams came from Jamestown, N. D., ten years ago. SP0KA1PUNS (Special to the Tribune) SPOKANE, Jan. 13—A huge aud itorium, with seating capacity of at least 10,000 and so constructed as to be available for all public gath erings, will undoubtedly be erected in Spokane this year. The initial slteps toward such an undertaking have been made and the proposition will soon be placed before the citi zen? in the form of a municipal bond issue or by public subscription The necessity for such a building fans been strongly in evidence during the four National Apple shows held annually in the city since 1908 and also the crying need of such a build ing to house the ever increasing number of national conventions which are being secured for the city. In addition to these calls Spokane has no large auditorium where mass meetings, festivals, automobile shows, poultry shows, dances, cele brations and spectacles can be held. It is believed such an institution can be made self supporting through the constantly increased patronage which will follow the permanent housing of annual events here. A municipal bond issue to provide $500,000 is receiving more encour agement than a public subscription preposition. At a banquet tendered by over 100 of the leading financial industrial and business men of the city, it was unanimous'y voted to have such a building and without a dissenting voice the bond issue was favored. The chairman of the meet ing, E. F. Cartier Van Dissel, who has been identified with the Nation al Apple show and other public en terprises for several years, was au thorized to name a committee of 10 who shall formulate a form of bond to place before the electorate. The flexible type of auditorium, such as is in use in Denver, St. Paul and a few other cities, is favored. In these auditoriums there is suffi cient room to seat 10,000 people in an immense convention hall and by an ingenious mechanism operated by hvdraulic pressure the inner walls of the building are made to close in and a temporary stage is lowered from the loft, reducing the size of the building to a theater accommo dating 3,000 to 5,000 persons. The temporary walls can also be used to form a number of smaller halls at the same time, thereby accommodat ing three or four medium sized con ventions at once. Such a building, it is estimated, can be erected at a cost of $400,000, exclusive of the site. THE OLD DEADWOOD TRAIL. Route May Be Made Part of a State Highway. PIERRE. Jan. 13—The county commissioners of Stanley county have filed with the state engineer a map of the legal highway following the old Deadwood trail across that county, by way of Hayes and Ottum wal Philip and Cottonwood, to thej west line of the county. They state) that it is a regularly established highway and now in good shape, and that it is made a part of a cross] road from the east to the west line of the state, the county will keep he, road in good shape for travel at all! times. I pidtnardt Pailij tribune. Thirty-second Year, No. 12 BISMARCK, NORTH DAKOTA, SATURDAY JANUARY 13, 1912. FIVE CENTS INTERESTING HISTORY OF NEARLY EXTINCT TRIBE OF INDIANS (Special to tt?e Tribune) SPOKANE, Jan. 13.—Father Tael man, president of Gonzaga college,' Spokane, has just returned from a1 visit to the Calispel Indians at taeir, reservation. He carried a supply of' bread and apples to the Indians and these were gratefully received. There are but 99 Indians remaining on the reserve. Only two members of the tribe speak English. The conditions of the tribe are to be changed, as in structions from Washington have or dered that the territory be allotted and schools provided. Having spent practically all his life among the In dians of the Northwest, Father Tael man speaks their language and has often acted as interpreter. An im provised altar was arranged in a cab in on the reservation and confessions were heard. The services' were con cluded with a feast of apples and bread and a supply of coffee pre pared by the squaws. As it was yet early in the night the college pres ident talked to the members as they sat on their blankets about the fire. Alter he had finished his instruction work he heaped fuel on the fire for tbe remainder of the A'ight, while the members of the tribe slept on their blankets. PRESIDENT ACCEPTS BACON RESIGNATION WASHINGTON. Jan. 13.—Presi dent Taft today accepted the resig nation of Robert Bason, as ambassa dor to France to take effect upon &ie appointment -and qualification of his successor. WEATHER IMPROVES IN WINDY CITY (By Associated Press) CHICAGO, Jan. 13—After two weeks of the coldest weather experi enced in years, the temperature in 1 the middle lakes region and north west is gradually rising today. Cold wave is passing eastward and south ward, but according.to local weather bureau the respite is to be short. An other cold wave *s believed to be forming in the British northwest, and by Monday, after two days of moder ate temperature stinging winds will be back. The coming cold spell may not be so s-svere as tbe one which is I passing, it is said, but it will not fall tar short of it. For many years past Mr. Anson Bartlett has served the chapter in the capacity of High Priest, and "Jas given much time to the work. He has also been faithful in represent ing this lodge at the grand chapter meetings, and he as well as the Man dan chapter has been signally hon ored by being elected to the office of Grand High Priest of the state. At the last chapter meeting Col. I. N. Steen was elected to the leading of fice in Missouri Chapter and last evening in recognition of his faith ful service the members of this chapter presented Mr. Bartlett with a beautiful and costly emblematic ring. The presentation address was made by Col. Steen, and Mr. Bartlett responded assuring the members of his great appreciation of the gift. IT KEPT GETTING LATER. Linton Record: Mrs. Frank Bell, to whom a daughter was born in Bis marck about three weeks ago, which event the Record did not hear of un til a couple or days ago, returned home Tuesday by the Northern Pa cific. Mother and girl are doing well but. if the little lady could express herself, she would probably have something to say about her first ex perience as a traveler. Mrs. Bell went over to the Northern Pacific station in Bismarck to start for home. Soon, a man approached the bulletin board and marked tbe train an hour late. Then, for a good part of the day, just as Mrs. Bell began to gather up her wraps and other traveling paraphernalia and prepare to take the train, the man would come out of his den and mark up the train another hour late. This program was carried out for many hours, until the mother was consid erably discouraged and the daught er^—probably—expressed herself in strong terms, although in a language capable of interpretation only mothers. TWO ARE DEAD (By Associated Press.) LITTLE ROCK, Ark.. Jan. 13.— The steamer Nettie Johnson, Marian Ark, to Helena, today struck heavy ice in Lake L'anguille and sank in 25 feet of water. Two passengers drowned. Fourteen others were res cued. COW PUNCHER'S (Special to the Tribune) SPOKANE, Jan. 13.—A race track romance with "Battlesnake Pete" as one of the leading actors has re ceived an unexpected and disheart ening setback. In short "B'attlesake Pete," cow puncher and roughrider, has become separated from the girl he loves. He drifted into Spokane in October, about the time of the Spokane Interstate fair, where he met Nellie Lane and fell deeply in love with her. His story follows: "I was a cowpuncher and have made quite a name for myseif in the west. I met Miss Lane at the Spokane In terstate fair grounds in October, where I aid roughriding. I wrote to Miss Lane at 725 Sherman street, Spokane, and she replied, telling me I could call on her, but I got hurt at the fair grounds and was laid up with a bum ankle. While I was laid up she went away. Now I don't know where she went and I don't know where to find her. "Pete" is staying at 713 1-2 Third avenue and is hoping to learn something per taining to his lost sweetheart. SOCIALISTS MAKE (By Associated Press.) BERLIN, Jan. 13.—Today with re turns from yesterday's eletckras prac tically complete it was apparent that reballots mus be awaited before the charatcer of the new reichstag would be definitely known. The results, with only 17 districts missing, are: Socialists—Seats won, 62 a net gain of 24. Reballots, 113. CHICAGO, Jan. 13.—Weather pre-j Centerists—Seats won, 82 net loss dictions today promised relief from wintry blasts which have held the National Liberals—Seats won, 4 city in its grasp. Starting out at mid-' net loss of 13. Reballots. 59. night with a temperature of 1 degree Radical—Seats won, 0 net loss of below zero, there came a moderation until at 6 o'clock this morning the mercury had ascended to 2 below. SHOW APPRECIATION OF RETIRING OFFICIAL Mandan Pioneer: At the regular meeting of Missouri Chapter, No. 1, Royal Arch Masons held on Wednes day evening, there occurred a very pleasant event that was not on the program of the regular order of bus iness. Conservatives—Seats won, 32 net loss of 18. Reballots, 65. 0f 6. Beballots, 35. 12. Reballots, 51. The socialist, gains, it appears, are mainly at the expense of the radicals, who are greatly disappointed at their showing. They will return to the reichstag with hardly more than three-fifths of their former strength. BERLIN, Jan. 13.—Unofficial re turns of the result of polling for elec tions to the Reichstag have been re ceived from all of the 397 constitu encies, but owing to discrepancies in records, tabulations are still too difficult to make any definite state ment regarding the complexion of the new Reichstag. A second ballot will be necessary in 189 of the con stituencies. The conservative, clerical coalition which has had domination of imper ial parliaments since th»* fall of Prince Von Buelow, has been badly shaken though, the combination of two of the powerful parties still must be reckoned with as the strongest factor in the Reichstag. The social ists have run up the number of their elected members already to 64, of which 28 seats were wrested from members of the other parties, and the socialists are also concerned in 122 second ballots. Socialists cap tured 8 seats from radicals, 9 from national liberals, and 2 from center ists and 9 from conservatives. The latest unofficial figures of the result of the ballots is as follows: Conservatives, 35 elected compared with 59 first ballots in 1907 and 103 at dissolution, and second ballots 82 Centerists 102 elected.d compare with 108 in 1907. 104 at dissolution, and at the reballots 43. National liberals, 5 elected, com pared with eghteen first ballots 1907, and* 51 at dssolution, and at re ballots 64. Radicals, none elected against nine in 1907 and 49 at dissolution, rebal lots 56. Socialists, 64 elected, compared with thirty in 1907, and 53 at dissolu tion, and reballots 122. Two independents were also elect ed. FATHER KILLED, SON IS INJURED Man and Boy Inspecting Soo Track Near Loma Did Not Hear Train. LOMA, N. D., Jan. U.—While en gaged in inspecting the Soo track near here, George Brown and his son, Warren, were run down by a freight train, the former being killed instantly The boy was not hurt seriously. Be cause of their heavy wraps to pro .tect them from the cold they did not hear the train until it was upon them. (By Associated Press.) WINCHESTER, Va.. Jan. 13.— Northern Virginia is buried under a foot of snow. Twelve degrees below zero and the coldest weather in fif teen years. SOUTHERN STATES ARE COVERED WITH SNOW (By* Associated Press.) ATLANTA, G,., Jan. 13.—Snow cov ers the greater part of Georgia and southern and western portions of the Carolinas. Business is practically sus pended so people may witness tbe unusual spectacle. MANDAN BANK HAS ELECTED OFFICERS Mandan Pioneer: The annual meet ing of the stockholders and directors of the First National bank took place on Tuesday of this week. The fol lowing were elected directors for the ensuing year: H. R. Lyon,. C. L. Tim merman. C. A. Heegaard, R. 13. O'Rourke and Joseph P. Hess. The directors elected the following offi cers: President, H. R. Lyon vice president, C. L. Timmerman cashier, Joseph P. Hess assistant cashiers, J. B. Racek and J. H. Noakes. The affairs of the bank were gone over and discussed and were found to be in a prosperous condition. As a proof of this fact the directors trans ferred $10,000 to the surplus fund, making the capital $50,000 and the surplus $60,000. RECALL PETITITON WILL HAVE RECIRCULATE INSUFFICIENCY OF PETITION IS NOTED BY THE CITY ATTORNEY. City Auditor Asks for Legal Advise in Matter—Ten Days Allowed for Cor i.-ectioti of Petition. It appears that tbe petition circu lated, signed and then presented to the city commission asking that an election be held for the recall of Commissioners Patterson and Tatley was not presented to the commission in proper form and will be returned to those who presented it. The fol lowing copy of correspondence be tween the city auditor and the city attorney Is self-explanatory Bismarck, N. D., January 11, 1912. R. H. Thistlethwaite, City Auditor, Bismarck. North Dakota. Dear Sir: You ask for my opinion as to the sufficiency of the petition for the recall of Commissioners E. G. Patter son and Henry Tatley, filed in your office on the 8th, inst. In answer to your inquiry I have to state that it is my opinion that section 1 and 4 of Chapter 67, 1911 Session Laws, per taining to recall in cities under the commission form of government, should be construed together and as parts of the act contained in said Chapter 67. Said section 4 provides in part: "Each petition (referring to the recall, initiative and referendum) shall contain, in addition to the names of the petitioners, the street and house number in which the petitioner resides, his age and length of resi dence in the city." Since the petition for recall above referred to does not contain either the age or length of residence of the respective signers thereto, it is my opinion, on account of the defects in the petition above stated, insufficient under the law as a basis for recall. (Signed) F. H. REGISTER, City Attorney. City Auditor's Certificate. State of North Dakota,) County of Burleigh, )ss. City of Bismarck THIS IS TO CERTIFY, That I have examined the petition to which this certificate is attached, being a peti tion demanding the election of suc cessors in office to City Commission ers Henry Tatley and E. G. Patterson, and find that it is insufficient under the law as a basis for recall, for the reason that it fails to comply with the provisions of Section 4, Chapter 67, Session Laws of 1911, which pro-j vides in part as follows: "Each petition shall contain, in ad dition to the names of the petitioners, the street and house number in whicia the petitioner resides, his age and length of residence in the city." Dated this 13th day of January. A. D. 1912. R. H. THISTLETHWAITE. City Auditor. MORNARD TAKES JOB. TEHERAN, Jan. 13.—Acting under the instruction of the cabinet. M. Mornard, Belgian, former director of. the Persian customs today, summar-j ily took possession of the treasury office, refusing to recognize the stat-, ug of F. E. Cairns, the American left in charge'by W. Morgan Shuster' deposed treasurer general. I LAS7 EDITION NORTHERN VIRGINIA IFJVF KIII Ffl UNDER 2 FEET SNOWI ..." WHEN AN AUTO GOES IN RIVER Driver of Machine Has a Narrow Escape From Death Names of Women Who Were Drowned are Not Known Son of of Former Judge Supreme Court is Victim (By Associated Press.) TRENTON, N. J.. Jan. 13—Two men and three women were drowned early today when an automobile in which they were riding ran on the ice cover ing an artificial stream of water used by a power plant outside this city. The men were Donald Reed, son of former Supreme Court Justice Alfred Reed, and Chester A. VanCleef, an au tomobile salesman. Two of the girls bodies were soon gotten out and brought to the morgue here. One of them ia Margaret Lindall and the other Helen Mulvey, said to be from New Haven, Conn. The third is Anna Hazel. Frederick M. Foster, the third man in the party, who was running tbe au tomobile, escaped drowning, but is suffering from exposure. Foster managed to escape from the machine after it had broken through the ice and ran nearly a mile to get help. The accident happened at a sharp bend in the road. It is believed Foster was numbed by the cold and was unable to control the machine. Foster, who is at a road house about a mile from the scene of the accident, refused to give the names of the women. EFFORTTOBREAKWILLOF THEOSOPHICAL LEADER (By Associated Press.) SAN DIEGO, Jan. 13.—Letters in tended to show that Mrs. Harriet H. Thurston was easily influenced along religious lines were admitted in evi dence today in a suit brought by Mrs. Thurston's son. George L. Patterson, to break a will by which she left $240,000 to Madame Katherine Ting ley, head of the Universal Brotherhood and Theosophical society. The let ters were written to Theodore H. Leake, an architect. CHINESE EMPEROR IS TO ABDICATE (By Associated Press.) PEKING, Jan. 13—The abdication of the Chinese throne has practically been decided on and retirement to Jehol will take place almost immedi ately. A prolonged meeting of the principal members of the government this afternoon partly arranged the details of abdication. Owing to the growing disorders in the provinces, the Mandhu princes of the imperial clan, Manchu officials and soldiery agree this is the only course left open for the throne. HUNTERS FROM HEBRON ARE FINED Mercer County Republican: Sheriff Heinemeyer and his able deputy, Julius Krecklow, went to Hebron last week and arrested three of the promi nent citizens of tlia„ ehy on a charge of trespassing, sworn out by A. Isaac of Mannhaven. The parties, namely, Robert Derring, Walter Shultz and E. H. Mann, were brought before Jus tice Young's court last Wednesday, and were found guilty and fined $10 each and costs amounting to nearly $200. The defense was represented by Attorney Brainerd of Hebron, and State's Attorney H. L. Berry prose cuted the case. We understand the case has been appealed to the district court. It appears that the trespass ing was done last fall during the hunt ing season, and that after Mr. Isaac had ordered them off his place they refused to go and used Mr. Isaac rather roughly. It is contended that he asked settlement ofr damages sus tained and they gave him a check for $25 upon which payment was pro tested. It seems that outside hunters have thought they could hunt any place they desired in Mercer county, but this will undoubtedly put the neces sary "crimp" in it.