Newspaper Page Text
SR&w? •?U\ i3F-4i- •v LEITER RELEASED FROM GAMBLING DEBT OE $250,000 Chicago, May 26—United States Cir cuit Court of Appeals today upheld the lower court holding that Joseph Letter could not be compelled to pay notes for $257,390. /I, because they were under the statute, gambling debts. The'decision was given by Judges Mack and Alfechuler, and the lower court's decision was given by Judge Sanborn, about two years ago. One was a note for $58,035.92, and the oth er for $199,351.79, and they were giv en to the Monarch Elevator Co., of Minneapolis, and the Interior Eleva tor Co:, of" Minneapolis, respectively. BULL MQ0SE1S MAY CHARTER BOAT Chifcago, May 26—Arrangements were made by the local committee on arrangements for the Progressive National Convention today to charter the steamship Theodore Roosevelt and convert it into a floating hotel for the accommodation of delegates and alternates. The steamer is to be an chored in Lake Michigan at the foot "of Congress street, and will cruise be tween 2 a. m. and 8 a. m. The boat will accommodate several hundred Bull Moose visitors. .. ... GOLD MINE YIELDS TUNGSTEN Billings, Mont., May 25.—An appar ent discovery of highgrade tungsten ore is reported,in the J. J. Crowley mine at Madison Dam in Madison county. Crowley found bits of dark metal which would not separate from the fold. Local assayerfc pronounced it -tungsten, but samples have been sent to Washington for definite deter mination. Tungsten has risen rapidly in value. It is used in hardening »teeL». £$?*.£$**. SELECTED TO IEET GAVIRA Plans for Closer Co-operation Will Be Worked Out at Chihuahua. GENERALS ARRANGE CONFERENCE THEMSELVES More Complications Arise to Hainper Punitive Expedition Into Mexico. Washington, May 2G—Another con ference, of Mexican and American military commanders was arranged today. Secretary Baker announced that General Pershing, heading the American expedition in Mexico, would meet Gen. Gavira, Carranza's com niander in Chihuahua, at the latter's request, to work out plans for closer co-operation in the military opera tions. Gen.Funston has approved the proposal. It is believed that (Jen. Gavira will so immediately to Gen. Pershing's headquarters at -Namiq'uipa. for the epnforence. Gen. Funston advised Secretary Maker late today that Geri. Pershing and Gen, Gavira had them selves arranged the conferences with his approval and upon specific re quest from the Carranza commander. The secretary said authorization for .such a meeting lay entirely within (ion. Fiuiston's discretion. Oflicials were not advised* whether Gen. Car ranza or Gen. Obregon had approved Gavira's -request, and it was believed lie probably acted upon liis own in jUiJkjtivo, aa 'Vftwrane-.' 'WWMnaf mantlet* of the state oi Chihuahua. .While arrangements for the confer ence Wele being made by Gen. Fdns ton, the state department received to day. its first official information as to the probable enor of the new note ftfy^.p^.^arranga, on its way hero, jjgpeclal^iiiesKtinge. Special Agent Rni'lora "fiK" lW/vi«ri f'itv rennrioil ttiCLt. sf."^'Mexico Cit reported that wlui«' tie' luid been unable to oblain fcfliu ^arranaa oflicials any hint ag(^t#,jtnc contents of the message, newspapers in the capital, closely cen sored by the oflicials there, said it would demand immediate withdrawal of the expedition. Officials here be lieve the phraseology of the note will be largely for tiie Mexican consump tion, designed to appease popular in dignation over the presence of Unit ed States forces in Mexico. fx ft." fe.-' ..t{f ..... $ The Weather THIRTY-SIXTH YEAR, NO. 127 i^,.A (NEWS OF THE WORLD) Witness Indicted Minneapolis, May 26—A perjury in dictment against Ellen Martinson, who testified for the defense at the first trial of Joseph W. Bragdon, was voted by the Hennepin county grand jury today. On tile stand, the Martinson Kirl repudiated information she had pre viously given to the grand jury. No other indictments. were return ed Fort Rice Postmaster Is Found Guilty of Fraudulent Use of Money Orders. WILL BE SENTENCED NEXT MONDAY MORNING Several Other Cases Are Disposed of in United Stages Dist rict Court- One of th«} most interesting,- and al so the hardest, fought case, that has ever been tried in this city in the yjiited Stages federal cohri, yKitf brought to a close on the opening of .court, yesterday nnrning at 10 o'clock when the jury in ffie case of Fred W. Schmidt, postmaster at Fort Rice, N. D., who was indicted on a charge of fraudulent use of postoflice money or ders, was brought to a close. At the opening „of court, the jury, who had been siting in judgment on the case since Thursday afternoon, returned a verdict of "guilty as charged." Will Be Sentenced Monday. Schmidt is at. presenet, in the custo dy of the United States marshal and he will be sentenced by Judge Lewis at the opening of c^urt at 10 o'clock Monday morning. Schmidt was indicted at. the last term of federal court, on the charge he was convicted of by the jury yes terday, but the jury trying the case at that time disagreed and on motion of Attorney Andrew Miller, for the defendant, the indictment was thrown out. The remaining three cases against Schmidt, on charges of conspiracy and ijsing money order funds without a settlement on his part, have been con ntinued over this term of court. Other Cases of Interest. The case of the United States against Morris Brodahl, on a charge of introducing whiskey into Fort Be r thold Indian reservation, was taken up yesterday and the defendant was found guilty as charged and he will also be sentenced Monday morning. The case of the United States against Harvey Orsbon, charging him (Continued on page Three.) A third panel was tendered by the state, but two of the members were challenged for cause by the defense. The two talesmen tentatively ac cepted by both sides, are W. E. 'Beck er, a garage man, formerly of Minne apolis, and William Wright, a bank er.. •W Kisses Her $on. Judge Charles H. Donnelly sustain ed an objection by the prosecution Vv,' -i /v -t 3. Entente Powers Notified to Cease Tampering With United States Mail. MUST RESTORE RIGHTS OF NEUTRALS AT ONCE State Department Preparing to Place Claims Against Allies. Ij Washington. May 26.—The United States, denouncing interference with neutral mails, has notified Great Brit ain and France that it can no longer tolerate the wrongs which Americans have suffered and continue to suffer through the "lawless practices thoso governments have indulged in, and only a radical change in policy, re storing the United States to its full rights as a neutral power will be- sat isfactory. This notification is given in the lat est American communication to tha two governments, the text of which was made public by the state depart ment tonight. The time in which the change must be effected is no? specified, but the United States ex pects prompt action. "Onerous and vexatious" abuses, which have been perpetrated by the Itritish and French governments in seizing and censoring neutral mails are cited in the communications, and answers are made to the legal argu ments contained in the reply of the Entente governments to the lirst Am erican note on the subject. It is vigorously set forth that not only have American commercial in terests been injured, but. that the rights of property have been violat ed and rules of international law and custom palpably disregarded. 'Notice is served that, the United states sewn, will Place claims against ihe British nnd French governments for the losses already sustained. The text of the communication ad dressed to the British and French am bassadors was delivered Wednesday. IBBONS LAKE BY FARMER St. Peter, May 26—'That P. J. Gib bous, who escaped several da's aeo Irom the hospital for tlu insa'ie in this city has gone west, is now the belief of officials since the report the fugitive was seen Sunday night at Lake Madison, 12 miles from here. George Farreil, farmer, living at that place, has reported to Sheriff Ol son that a man answering Gibbons' description called at his house and asked directions to Madison Lake. Farreil asserts he made every ef fort to keep out of the light, but that from what he saw he was sat: isfied it was Gibbons. Sheriff Olson has notified the hos pital authorities, who have stnt a par ty of searchers to Lake Madison. A telephone report today was to .the effect that the clue they have picked up indicate .tney ,soon Wil cap ture Gibbonp. All Hope Abandoned of Securing Orpet Jury Until Late Next Week Waukegan, 111., May 26.—Hope of obtaining a jury before the week ends was bright today, when the court told the attorneys he wished they would agree" on the third panel by tomor row noon. Orpet, a University of Wisconsiit student, is on trial, charg ed with the murder of a former sweet heart, Marian Lambert. The second panel was sworn in shortly before nooh. To obtain the eight jurors in the box, 691 venire men have been examined, consuming 11 days. Comprising the new panel are: J. J. Brand, a wall paper and paint man of Highland Park E. J. Bock of High land Park, formerly superintendent of the Chicago & Milwaukee Electric railroad, James CShea of Waukegan. a music dealer, and Sam Bradbury, a printer, of Lake Bluff. to Mrs. E. O. Orpet, mother of the youth, -coming into the court after it had convened in the morning and kissing her son in view of the jurors and kiSsing him again in the after noon when she leaves, shortly before court adjourns. This was done, the state contend ed, to unduly influence the jurors. Young Orpet is not kept in the dock, as most prisoners are, being permitted to be seated at the coun sel table, and his mother and other members of the families allowed to sit with him. Warn Newspaper Men. An affidavit was made by Mrs. Mary IE. -Merwin, mother of L. B. Merwin, formerly of Bloomington. 111., that her son had told members of the family he believed Orpet w?« guilty. Yesterday,, while Merwin was being examined as a venireman, he said he had not expressed an opinion as to the prisoner's guilt and was ex cused by the defense on a peremptory challenge. The court again warned newspaper men against writing fictitious stories on the trial that would tend to inflit ncg_,the_ opinio!) .of veniremen •.*V, s~3r j&^3 -xty WITHOUT A SOUL Courtroom scene ill trial of Dr. Arthur the Bismarck Dnily Tribune. Left to ri^'h pUTi)ts-iti-la\vr, juid Mrs. Wiii1 BY IDA M'GLONE GIBSON New York, May 2U--A man without, a soul! That is my iuiiiih for Dr. Arthur Warren Wailo, tln young dentist, on trial Iwi* .en-a..4-ii^4itf!i«»watttvllL..tU^- young man who, lias confessed that he poisoned his father-in-law, John E. Peck of Grand Rapids, Mich, and his mother-in-law, Mrs. Peck, a be nign old man and a sweet old lady who loved him, and that his young wife, who loved liim, would have been next—his object being to do away with the persons who stood between himself and inheritance of part of tlio Peck fortune. We have in the year l!)t(J, being tried, for his iil'c in the most mod ern city in the world, a medieval mon ster. In the courtroom 1 have looked upon a youthful "Dr. Jekyl" and felt that "Mr. Hyde" was lurking beneath ready to torture or kill if the mood was on him. All through court sessions, in looks and bearing, this man, on trial for his life, is apparently not different, from any of the reporters who sit just behind him. There is utter lack of sophistication in his face and his bearing is always that of a younK man who has been made much of. "He 1s utterly irresponsible," said his attorney, vvalter Rogers Deuel, to me. "You know we sometimes say this of people who are careless or selfish, but we do not mean, it absolutely. In the case of Waite he is as irrespon sible and unaware of sin as a good natured puppy, who would tear a beautiful pliunaged bird to pieces, then bring the poor manm creature to his master, expecting commenda tion." Again I looked at Waite, trying to make this judgment coincide with what 1 saw before me, for not a hint of this was shown in his counten ance or bearing. When jurymen were selected Waite rose to his feet jauntily, buttoned his double-breasted coat as though it were an instinctive (Continued on Page Four) OUR CARTOONET iOOKS DARK FOR THE PARK H05S "r»-- ',-1 ".Jfc'vfclS 11 iK f^®*f BISMARCK, NORTH DAKOTA, SATURDAY MORNING. MAY 27, 1916. (BY ASSOCIATED PRISS) DR. WAITE A MAN 11DAH *,*&.v\\ *r «. Waite's wife was in the court room again this afternoon and heard the medical witnesses for her husband testify that he had told thenr he mar r^m V, N,a,0NE IE I New York, May 2(1—While District Attorney Swann was continuing to day his .John Doe inquiry into tht tap ping of the telephone wire of Sey mour & Seymour, lawyers, with per mission of the police, and the activi tits of Detective William J. Burns, employed by J. P. Morgan & Co., the legislative committee, headrff by State Senator Geortfe S. Thompson, brought out from witnesses for the The attack was a strong one, but. Paris reports that under the fire of the infantry and rapid firera it was completely repulsed, the Germans suf fering heavy casualties. The British and French have con fined their fighting mainly to bom bardment and sapping operations. Comparative calm prevails along along the Russian front. In fhe Cau casus region the situation is report ported unchanged. Eighteen persons have hoon killed and a score injured in an Austrian raid on Berai, Italy. HOUSE ON MISS!ON. Eerlin, May 26.—Another visit by Col IS. M. House to Europe would in JU. 1 :v ®BS0N gives I HFR IMPRESSIONS OF THE YOUNG DENTIST CHARGED WITH MURDER Vt *1 Warren Waile in New York, sketched especially for are shown Dr. Wuile, who has confessed lie poisoned his niln and Mrs. Peek of (»rand Rapids, Mich.vPercy Peek, brother-in-law of Waite, wile of the prisoner, who was to have beerr'llis third victim, according to his con fession- Mrs. Waite and her brother seldom take their,,eyes off Waile during court sessions. Alienists Declare Dr. Waite Is a Mated Imbecile and Irresponsible Monster New York, May 26.—Alienists sworn in by the defense in behalf of Dr. Arthur Warren Waite, testified today at. his trial for Ihe murder of John 10. Pcclc, his father-iu-law, that, the young dentist was a "moral im becile" and an "immoral' monster," who had only an insane knowledge of right and wrong. The defense rested its case upon the testimony of the mental experts. The alienists of the prosecution will appear tomorrow in rebuttal. ried her only for lior money. The prisoner himself appeared to doze while a long hypothetical question, designed to show that he w^s insane at the time he killed his wife's par ents, was read to the alienists. Jury Bored. The jurymen seemed bored by the testimony of the experts. Dr. Morris J. Karas and Dr. Allen Rose Diefendorf testified that Waite was a moral imbecile, and declared they had arrived at their conclusion without consultation together. Both admitted Waie knew what he was doing when he was plotting the death of Mr. Peck, but they declared he had no moral sense. first time the methods employed by the police "wire-tapping squad." Mr. Egan, representing the Morgan firm, said the trail led to the offices of Seymour & Seymour, and asserted the city police knew also that the Burns agency had been retained. Mr. Egen denied that the inquiry had revealed "an international plot" as charged by Mayor Mitchell, al though he admitted informatin had been obtained concerning a shipment of cartridges to Mexico. In this connection, he mentioned the flame of a man known to him as a representative of Captain Boy-Ed, recalled naval attache of the Germaq embassy. Heavy Fighting About Verdun Still Continues House on Peace Trip London, May 26.—Heavy fighting in the region of Verdun continues with the Germans still the aggressors, but according to the latest French offi cial communication, no new changes in positions have taken place.' Following up their recapture of Fort Douaumotit, northeast of Verdun, the Germans have striven, but inef fectively, to drive out. the Freuch from the approaches to the fort, where they drew lines when forced to vacate the fort itself. come a,s no surprise to official quar ters herefl The Aemricau juniors to this effect are regarded as having a: certain basis in fact, although the opinion prevails that the trip would naturally be postponed until after the national convention. It is hoped here that should Col. House pay such a visit, he will come this time as a harbinger of peace, or at any rate to prepare, if possible, the foundations for a peace proposal, difficult as this task is recognized to be. During his previous visit to Europe Col. -House made no effort and con ducted no investigations in the direc tion of peace—in Berlin, at any rate —having perhaps found absolutely adverse conditions nthe capitals of the nations hostile to Germany. DENIES RUMOR. New York, May 56.—Col. E. M. House said tonight that he had no plans for returning to Europe. When told of press dispatches indicating that he would be welcomed there as a harbinger of peace, his only com ment was that he was very much flattered. He and President Wilsofa had a conference here Wednesday, r* .. Lut Edition $?*$'»* rnmomi Special Train Brings Physician to Mat Paul, EMPIRE BUILDER SICK 8IN0E HAY 16 Local Physician Says He 8ho«ld Be About in a Few D»y« St. Paul, -Minn., May 2G.—The con dition tonight of JameB J. Hill uraa reported as "satisfactory" by Dr. James S. Gilflllan of St. Paul, who, with Dr. William James tMayo of Rochester, Minn., made a careful ex amination of the aged railroad huild erer, at Mr. Hill's Summit avenue residence late today. (Declines Interview. As a result of the consultation be tween Dr. Mayo and Dr. GUfUlan, it was decided not to operate upon lir. Hill, and tonight Dr. Mayo, who ar rived in St. Paul aboard a special train late this afternoon, returned to Rochester. Dr. Mayo declined to dis cuss Mr. Hill's condition, saying any information regarding the case would have to come from Dr. Gilflllan. Louis Hill Present. Every possible precaution was tak en at the residence to secure & max imum of quiet and privacy for the sick man. Louis W. Hill, president of the Great Northern railroad, ^'ho personally brought Dr. Mayo -from Rochester fQr consultation, was with his fattier tonight. Louis W. Hill left here on a spe cial train at 8:00 a. m. 'today and re turned from Rochester at 4:4 |. lb.. accompanied by Dr. Mayo, Who was driven to the Hill home, where hp entered into consultation with? Dr. s-C Gilflllan. V/ Became III'May 10. ,Mr. \iiU became a 'since that time has biSfen confined to his home. Dr. Ma*0 Hfifs in 9|t 'Plttl four days ago and examined Mr. Uill. At that time he said it would be only a few days before the aged railroad president would be able to be at his office. It. is believed that Mr. Hill's condi tion became worse early today, which caused the hurried trip to Rochester and return by his son Tonight, Dr. Gilflllan said that Mr. Hill's complaint is common ambng persons of his age and he Should 'be able to go about in a week's time. Thomas Montgomery Who Ran Over Dickinson Child, Held on Serious Charge. Dickinson, May 26—A warrant is sued out of the office of the state's attorney's office, charging Thomas Montgomery with manslaughter in the second degree, has been served. De fendant waived examination and is bound over to the September term of Stark county district court. W.. 8. Mclntyre, Northern Pacific engineer, uhose two-year-old daughter was hit and killed by the Montgomery automo bile on the principal street of Dick inson. swore to the complaint. Thos. Montgomery, district agent for the Northwestern National Life Insurance Co., testified at the coroner's inquest that he was running at- a speAd of 30 mWes per hour when he hit the child. The speed limit for Dickinson is 10 miles. Several eye witnesses testified that they believed the car was going at a speed of full 40 iqlles per hour. A complaint has also been served by the city for the appear ance of defendant on May 27, to an swer to violation of the city ordin ance regulating speed limiU in Dick inson. POSED AS AGENTS OF ENTENTE POWERS Chicago, May 26—Major George H. Avondale and John B. Wetteiajeen. said to be his secretary, are mtder arrest today, charged with frantf fa connection with the sale of war mu nitions to the British government. The men were arrested nndar the di rection of the Division ot The complaint was lhaia Lewis S. Bernays, British Ties eesTsI la Chicago..^, -ft wj. "H 'i wf I JI '•J 1 I -9»| Jtul -51 51 ,*• t, U* fS, ri chieb of the Department of Justice. '1' It was said that Avondale and Iris associates represented the—elvni as agents of the British had obtained money from Tartan ynpm desiring to obtain contracts.