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POTTER APPEAL FOR
NEW TRIAL IS TAKEN UNDER ADVISEMENT Cameron Claims Evidence Of fered by Witnesses Was Prejudicial to Defendant That Raymond E. Potter, if granted a new trial, might plead guilty to some charge less than first degree murder in order to save Burleigh county expense of a third trial was Intimated by his counsel In district court this morning. Potter is serving a life sentence in the state penitentiary following his conviction for the first degree murder of Oliver Webb in McLean county district court in July. Charging sev eral court errors in the trial, his at torneys have appealed for a new trial. Arguments on the motion were heard this morning by Judge Fred Jansonius, who presided over the trial in which Potter was convicted. Pot ter's arguments were made by Bcott Cameron, Bismarck, and Louis H. Connolly, Mandan, while refutation was made by John Sullivan, who as sisted George s. Register, state’s at torney, in the prosecution. Cameron spent considerable time in discussing why the testimony of Mrs. Anne E. Wolfe was prejudicial against the defendant and incompetent. Mrs. Wolfe testified that while Mrs. Pot ter and her sister were in a Bismarck apartment building the night of the shooting, Potter called at the apart ment in search of Webb. The state proved that this man could not have been Webb. Cameron argued that because this man was not Webb, the state could not conclude from the testimony that Potter was motivated in shooting Webb because of the in cident. Sullivan stated that the mere fact that Potter was looking for Webb might indicate a motive. He argued further that Potter might not have seen the man in the room but might have known a man was there and thought that it was Webb. Sullivan said the testimony was offered merely in a series of various incidents to show that Potter had a motive for the shooting. Cameron stated that Webb and Mrs. Potter did not have any clandestine meetings, that Pot ter did not think they were having secret meetings, and that no evidence was offered to show that they had. He said that Mrs. Potter's character was indicted before she had a chance to testify. Cameron argued that the court also erred in accepting the verdict of the jury despite the fact that the victim's dying statement described the shoot ing as accidental and in entering judgment and passing sentence. With arguments completed at noon, Judge Jansonius took the matter un der consideration and announced that he probably would make no ruling be fore several days. 4 Congressman Visits Fort Lincoln by Air On Post Inspection Congressman James W. Frenk of Michigan of the house military af fairs committee, paid Tort Lincoln an inspection visit Saturday afternoon. Coming in about noon in a Ford trimotor plane, the congressman was the guest of Colonel W. A. Alfonte till about 3 o’clock, when he left for Indianapolis. He flew here from Rapid City, S. D., where he inspected Fort Meade. Shriners to Meet in Minot for Ceremonial Minot. N. D.. Sept. 10.—A Bhrin* ceremonial, attracting hundreds of members, will be held in Minot on Oc tober 18 by Kcm temple of Grand Forks. All uniform bodies of Kcm will make the trip from Grand Forks to Minot and, with several score of can didates who are to be taken over the "burning sands.” it is expected that the city will be host to close to 1,000 visitors. The date was changed from Oct. 25 to bring the ceremonial in line with the Scottish Rite reunion which will be held hi Grand Forks Oct. 15, 18 and 17. This will be the second ceremonial of its kind staged in Minot in recent years. The first, held three years ago. was considered very successful and a large class of candidates was initiated at that time. I. W. W.’s Caught in Police Net at Minot Minot, N. D., Sept. 10. —Charles Barrett, an I. W. W. organizer, charged with vagrancy, was sen tenced'to serve five days in Jail when he pleaded guilty before Police Magis trate Carl N. Cox. Barrett was arrested following the arrival in Minot of a Soo line freight train on which it was said that Bar rett and a large number of other I. W. W. members were riding. A trio of transients complained that the I. W. W. members had kick ed them off the train three times because they would not purchase memberships in the organization. They also accused Barrett of flour ishing a gun, which Barrett denied, saying that all he had in his hands was his gloves. The complainants, who went out to work on a farm near Minot, told po lice that they would return to testify against Barrett on a more serious charge than vagrancy. Harold Hall, another I. W. W. or ganizer, was sentenced to serve 10 days in jail when he pleaded guilty to vagrancy, but the sentence was suspended when he told the court he was ready to shake the dust of Minot off his feet, and go to Butte, Mont Hall told the court that organisers for the I. W. W. organisation receive $1 for each member which they sign, this being one-half of the member ship fee. The organizer also collects at least 50 cents from each member for one month's dues, making a total of 02.50 extracted from each new member. ELEVATORS WILL LOAN Fargo, Sept. 10.—<**)—Announce ment was made here by the National Elevator Co., and the Monarch Eleva tor Co., both of Minneapolis, that the companies will make loans to holders of grain storage certificates issued under the new North Dakota law. The interest rate will be eight per cent with notes running not later than May IS next. ♦ —» ■ ' —♦ | Chicago’s Latest- | i Fountain Stabber \ Chicago, Sept. 10—(/Pi —A person can get stabbed for the silliest things in this town, said Charles McLean with a knife wound in his left arm. McLean was leaning over a Lin coln park drinking fountain last night quenching his thirst. A man stood behind him and told him to hurry. McLean lifted his head to reply and the man stabbed him. The wound proved slight and the stabber escaped. FIVE TAKE EXAMS FOR AIR LICENSES TO GRADE UP PORTS Inspector Longew&y Criticizes City for Slipping Back in Facilities Local and other North Dakota fly ers were taking tests here, today, to determine their fitness for pilots’ li censes of three types. The examinations were held at the Prince hotel this forenoon, with fly ing tests and inspection of planes on the flying field in the afternoon. Four entrants were seated at tables in the hotel sample room when the questionnaire session of the examina tion began this morning, while a fifth was on the way here. The examinations and inspection are being conducted by F. H. Longe way, of Minneapolis, representative of the Department of Commerce, with headquarters at Chicago. He is a former Great Falls, Montana, resi dent. his father being a prominent physician there. He came here from Jamestown this morning. Those Taking Tests Taking the examination for trans port licenses, the highest type of gov ernment flying credentials are Vin cent Cavasino and Frank B. Irvine, local flyers. They already hold Um ited commercial licenses Ipr flying on their home base. The limited commercial licenses permit pilots to carry passengers for hire, but they can not leave their home bases to do this. C. E. Clark, of Wllllston. is taking this examina tion. He pilots the airplane of Mrs. L. V. Westby. who flew in with him and Walter Strom, another WiUiston flyer, this morning, to attend the ex aminations and inspection of ships. Learn Bed Tape of Plane Strom is taking the tests for a pri vate flying license. This wil! permit him to fly anywhere privately, but he can not carry passengers cr ft right. Some airplane owners in the East live in one place and work In another and taxi to their work, Just as car owners do. E. M. Canfield, Williston. was due for an examination on me chanics alon \ Barton Btevens. of Hettinger, and Ed Snyder, of Mott, came in to look the exams over, but did not enter. Snyder recently sold his plane to Harvey Bmlth, of Hettinger, and a little questioning by Inspector Longe way revealed that the sale did not strictly comply with the regulations of the Department of Commerce, nor safeguard the seUer from possible damages that the new owner might cause. Stevens was advised what to do to make the transaction comply fully with the department regulations and thus safeguard himself and the buyer. What Exeats Cover The examination covered air traf fic rules, airplanes, airplane engines, air commerce regulations, meteorol ogy and navigation, the latter two subjects being included only in the papers of Cavasino and Irvine. They had to answer 00 questions. Clark, in his test for a limited license, 40, and Strom, in his private application. 20. All candidates to pass must make a grade of 70. besides giving satisfac tory exhibitions in the stringent fly ing tests on the field. Inspector Longeway said the De partment of Commerce puts its moral backing behind the pilots qualifying for transport licenses and possessing satisfactory planes. Such pilots can fly any time, from any place and to anywhere. The department, said Inspector Longeway, recommends that passen gers do not fly in any but C and NC planes. The former is the commer cial licensed ship, the latter the in ternational type. Any other license types of planes merely are registered by the department. The aim of the examinations is to put flying on the C and NC basis. Scares Local Neglect Speaking of local conditions, In spector Longeway rather sewed Bis marck for neglect in regard to avi ation. Failure to provide an airport, he said, put the city far in the rear in an aviation sense, and this in spite of the evident airmindedness of the people, as shown by the numerous planes located here. If a field were provided, he said, the city would be come the stopping point for the high est types of planes. The safe, com modious trimotors, carrying passen gers and freight would be attracted here and Bismarck would soon take its place In the front ranks of air ports. Air circles, he said, were treaty diaappointod at the failure of the city to provide the landing field for which steps arc under way now. Possibility of losing oven the present field, he sskl, made the situation even more Branding: Irons Used To Identify Hives That the red hot branding iron finds usefulness elsewhere than at the scene of the cattle roundup is well illustrated by Prof. J. A. Munro, ento mologist at the North Dakota Agri cultural collage, who has successfully used this instrument in marking bet hives in North Dakota. The branding of hives, according to Mr. Munro. serves as a means af identification and also os a protection against theft HAS ANTI-SNOftINO DEVICE * Lobenstein, Germany, Sept 10.—OF) —Orest boon to mankind: Johann Oruener, a mechanic, has patented a cure for snoring. Some kind of a pil low compels the mouth to remain closed arl the sleeper to breathe throuM* the nose. COMBINES FOFVLAB Of the l JW combines shipped from the United State* in 1121 Canada bought 3AM and Argentine bought 9411. LAND GRANT DENES RIGHT TO MINE COAL (INSTATE PROPERTY Grant Says ‘Value of Property Must Never Be Diminished,* According to Byerly North Dakota owns in her own right 338.410 acres of coal land, and the fuel beneath the surface of the property can never be mined unless terms of the federal land grant of 1802 can be altered. This statement was made today by W. E. Byerly. state land commissioner Included in the original coal grant together with lands of other classes was a total of 3.101.463 acres. A phrase contained in the papers which trans ferred the property to the state says, as concerns the coal property: “The value of this land mu.t never be diminished.’’ Strict Interpretation of this clause by Mr. Byerly and his predecessors means that coal can never be taken from these state lands, since it would diminish the land's value. Occasion ally. Mr. Byerly says, applications re questing leases on state coal lands ar? received, and after explanations have been made to the prospective lessee-:: they are refused. In the state, however, arc thousan .Is of acres of coal lands that never ha 'o been touched. Mr. Byerly says, and there exists no demand for the leas ing of state coal lands. Federal land grant coal properties of the state may be sold for public use, such as air ports, fair grounds, parks, public roads, schools and churches. Likewise, Rrcen trees cannot be cut from lands held by the state and re ceived in the federal land grant, Mr. Byerly says. "Down timber,” however, may be gathered and put to u.;c. Little marketable timber exists in North Dakota, according to Mr. Byerly. In Cavalier county is 6.000 to 7.000 ceres from which posts and wood for fuel could be taken, lie says. Counties in the state which embrace the largest acreages of coal lands are Williams county. 50,000 acres; Dunn county, 45.000 acres; Morton county. 38.000 acres; McLean and Mercer* counties, 30.000 acres each; Mountrail county. 25,000 acres; and Grant coun ty, 25,000 acres. Supreme Court Starts September Calendar Arguments on appeal before the North Dakota supreme court be;*an this morning with a calendar consist ing of 25 cases. It is expected the session will be completed September 18 or 19. Cases which have been appealed from the district court for Burleigh county are F. F. Burchard versus the state of North Dakota, doing business as the state bonding fund; the Inter national Elevator company versus I. A. Acker as state tax commissioner; and the state of North Dakota ex rel Maurice Kaufman versus J. E. Davis and others as members of the board of administration of North Dakota. Mountain Depression Named ‘Eckener Pass’ Ban Diego. Calif., Sept. 10.—(4’)—A depression in the coast range of mountains east of here, through which the German dirigible Graf Zeppelin flew on its trip from Los Angeles to Lakchurst. today bore the name of Eckener pass, in honor of the commander of the globe-girdling airship. An army plane carrying Major Carl Bpatz, army aviator, and Captain Von Arnauld de la Perier, master of the German cruiser Emden. flew above the pass yesterday and dropped a parachute to which the American and German flags had been attached. This was the ceremony of dedication. High Court Has Cases On Friday, Thirteenth "Friday the Thirteenth," no doubt, will be an unlucky day for some one in the North Dakota supreme court. It may be F. F. Burcliard, those in charge of the state bonding fund. Gottlieb W. Kelm, or C. G. Loiland. These appear as appellants or re spondents in cases which will be ar gued before the North Dakota su preme court that day, reputed to be so unlucky. Burchard's appeal, it is said, in volves the shortage of a Divide county school treasurer. An examination of the treasurer’s books by the state ex aminer revealed a large shortage. Those in charge of the state bonding fund believed the shortage smaller than the figure turned in by the ex aminer. Burchard, an accountant, was hired to make a recheck. He agreed, according to reports, to accept as fee one-half the difference of his find ing and that of the staje examiner. The district court ruled against him on the contingent contract. Burchard is appealing for a balance which he believes is due him. VISITORS TELL SUCCESSSTORIES Among die recent visitors at Da kota Business College, Fargo, waa R. C. Railing, who told of earning 33000 s year with Precision Prod ucts Co., Ann Arbor, Mich. ' He graduated from D.B.C. five yean ago. Anothervisitor,Tlieo. Lybeck, became manager of Chas. R. Had lay Co., Detroit, in even lew time. About23o ‘'Dakotans** are bank offeeni hundreds own or manage big fume. “Follow the luccetf ful”. Take ACTUAL BUSI NESS training (copyrighted—un obtainabl* elsewhere). Fall dan Oct. 1-7. Write F. L. Wetkma, Free., 906 Front St, Fargo. mmmmmmmmmmmemmmesTßassssaaat I PICK YI [I Fee the reMe# f Pel— ley. I II If Mi satisfied, a—ey refunded. II I SeM ExeHntveJy by i ; .. 1 y Cowan’s Drag Store I THE BTSMARCK TRTBITNE TUESDAY, SEPTEMBER 10, 1929 ; Complaining Wife I Ordered to Primp j New York. Sept. 10.—*7Pi—It is Just as important for a wife to keep her self attractive as it is for her to keep the house clean, in the opinion of Jeanette G. Bril!, a Brooklyn magis trate. When Mrs. Bessie Schmlcrer complained of her husband's atten tions in other quarters, the magistrate imposed the following sentence on the complaint: "Go to the nearest drug store, get yourself some rouge, powder and lipstick and make yourself at tractive to your husband." PLANE CRASH PROBE FUNGS UNKNOWN Young to Study Weather and Flying Conditions Over Western Routes Los Angeles, Sept. 10.—</h—lnvesti gators of the aeronautics bureau of the department of commerce today were completing an investigation into the wrecking of transcontinental air transport’s passenger liner City of San Francisco on Mount Taylor. N. M. with loss of eight lives. Major Clarence Young announced he will hold no hearings on the dis aster In this city, but said he planned to make an exhaustive study of weather and flying conditions at all seasons of the year over the western flying routes. His findings in this regard, together with observations he made at the scene of the wreck, will be made public in Washington after the department has assembled all of its reports. Major Young came here by plane from Albuquerque, N. M., Sunday. R. J. Hazen, sent out by Captain Walter Parkin, head of the Las An geles office of the department’s aero nautics bureau as soon as the big transport was reported missing, is conducting an intensive investigation of the wreck from Albuquerque and Gallup. Hazen also will report his findings to Washington. Lieut. George A. Rice, western air express pilot who discovered the wreckage on Mount Taylor, has ex pressed belief that Pilot J. P. Stowe, of the City of San Francisco, blinded by a wind and rain storm, made a mistake in wind and altitude calcula tions. resulting in the storm forcing his ship against the mountainside. ‘•The only possible way the accident could have been avoided, it seems to me,’’ said Rice, "would have been for the plane to have had more altitude, or to have remained in Albuquerque." Sterilization of Unfit Is Urged by Congress London. Sept. 10.—lAV-Sterilization of the unfit as a national policy was urged today at a session of the third international congress of the world, league for sexual reform. Dr. Norman Haire. secretary of the congress, and English delegate to the sixth international birth control con gress in New York in 1925. declared public opinion should be educated so that sterilization of people unfit for parenthood would be as far as poss ible voluntary. IT’S folly to suffer long from neu * ritis, neuralgia, or headaches when relief is swift and sure, with Bayer Aspirin. For 28 years the medical profession has recommended it. It docs not affect the heart. Take it for colds, rheumatism, sciatica, lumbago. Gargle it for a sore throat or tonsilitis. Proven directions for its many uses, in every package. All drug stores have genuine Bayet Aspirin which is readily identified bv the name on the box and the Bayer cross on every tablet. Aspirin U the trade mark at Bum Manufacture of McnoaceUcaddeatar ocialkylkacM I NOTICE Now Is the Time to Have Your Aerials Installed and Repaired If you are installing a new aerial or re pairing your old one, we can do it better for you than when it gets colder. You save your I roofs by doing it now and get a better job I done. We have competent men for this work, and can render first class work. Bismarck Accessory & Tire Ceopiy I Ludvig Quamrmd, Prop. PHONE 944 TWO MAIN HIGHWAYS IN NORTH DAKOTA TO BE FINISHED IN 1930 Little Will Remain Unsurfaced on U. S. No. 2 When Con -9 tractors Quit Nov. 10 Tourists rolling over North Dakota's vast sweep of fertile farming land next season will motor over important links in the state's highway system which are now under construction and w’ill be completed about Novem ber 10. And at the close of the road con struction season of 1930. two of the state’s leading highways. U. S. No. 10 or the National Parks Highway and U. S. 81. known as “The Meridian." will offer the finest of surfaces for the motorist. C. A. Myhre, assistant chief engineer of the state highway department, said today. When contractors pull their crews off the roads about November 10. much of the highway between Bis marck and the Montana state line will be finished with gravel. Remain ing will be a stretch beginning seven miles west of Mandan and extending to a point 10 miles east of Dickinson with the exception of four miles al ready completed, a total of 89 miles; from Southhcart to Belfield. 10 miles; and a strip of 12 miles from a point four miles west of Mcdora to Senti nel Butte. The total to he completed next year over this road is 111 miles. "The Meridian" will be virtually completed this fall as contractors will leave but a stretch of nine miles. Fairmount to the South Dakota state Service Builds Our FUTURE As this agency serves you today so does it build for the future. As you find in this office up-to-the-minute, cour teous insurance experts, so will its business steadily increase. INSURANCE Confidence is a price less asset to any busi ness. Seeking by honest application of sound in surance knowledge to win your unreserved confidence is the aim of this agency. Local Agency of The Hartford Fire Insurance Company MURPHY "The Man Who Knows Insurance" 218 Broadway rhone 577 BISMARCK, N. D. | CHAPki: I I PRIVACY I A chape! In which p—| I ] you can hold a senr- | f U ice entirely to your line, a contract for which will be awarded next season. U. S. 2. the Teddy Roosevelt high way, has been surfaced as far west as Williston. No surfacing has been done from Tioga to the Montana state line, with the exception of a short stretch near Williston. Devel opment on this road, it is expected will begin next year. G. P. PASTOR CALLED Little Falls. Minn., Sept. 10.—<A**— Rev. M. A. Hendrickson. Grand Forks, N. D.. has accepted a call to the Swedish Lutheran churches of Little Falls. Darling. Freedhem and Parker. He will take charge October 1. Stomach Troubles Headache and Dizziness If your stomach is sick, you are sick all over, if you can’t digest your food, you lose strength, get nervous and feel as tired when you get up as when you went to bed. For 10 years Tanlae has restored to health and activity many thou sands who suffered just as you do. Mrs. Bert Dikeman, of 4151 30th Ave., South. Minneapolis, Minn., says: “The flu left me with bad stomach trouble. 00 lbs. was all l weighed. But Tanlae at once began building me up. Now nothing can upset me.” Let Tanlae do for you what it did for this sufferer. It corrects the most obstinate digestive troubles— relieves gas, pains in the stomach and bowels. It restores uppetitc, vigor and sound sleep. Tanlae is made of roots, barks and herbs. The cost is less than 2 cents a dose. (let a bottle from your druggist today. Your money back if it doesn’t help >ou. Tanlae SI MILLION BOTTLES USED *wurcmsmi Gribs" And A '+++*■ m. ■ mdiSi Amnnnraoa Winchester shells are of known quality—made ' by one of the oldest and most reliable manu facturers of shells and firearms. They are V given rigid inspection and tested by ac- (ikfl.Mj tual shooting. Your favorite shell and wfiQEmltTlKft' Gamble savings. \ REPEATS© SHOTGUNS To men who really know gain, gauge. Perfectly tmfnorafl Nickel Winchester mean highest quality steel, light weight. Walnut alack* GAMBLE'S materials, mechanical perfection rubber butt plate*. SHOTGUNS 97»___J3MS Double Barrel . Mo6tl «t 12,16,20,410 dawn, repeater. 12, 16 and 20 •H aM , e r W bS GAMBLE’S # Cleaning Rods % Slagle Barrel A A sGr 12 and 410 M mu ■ I 11 T % n 4 \ |/M/■ jA M jr or a |i puns 12 to 20 n4^VAmr % gauge, wiper, twab and # JJ % broth Sto M \ f \ *22 rifle cleaning J % rod ••• •So % .22 rifle cleaning M % rod with bruehfo M For me on tar s££■£[l fcr c. M JHB gum or cake. *11?* $0.94 «0% p fff \J r«e a#* to 16 .00 .88 rw “■ mm~W‘ wiNCHESTES *!• •** Wl S-in-l oU, S aa. ago REPEATER v. GAMBLE’S FAMOUS U H I ISO 6uo h>« CmUm amaia =====s=^a lizzz 4, :8 "5S 1- & Hk c«.«« 4?X= Si 3? “«*»—»” *° 7l Hh T^tr WINCHESTER RANGER Caas* B.» Cbm i - "... tO :S ,0 :«o 16 .78 .76 * Sportsmen's Boots *' ; hUght and flex- IHR HUNTING COATS WmF ■■■ _ , Katrm Heavy Dmek miMmsESm jhclt saarsagg ▼ S GAMBLE STORES S W apmpw 220 Main Ave. Phone 390 BUmarck, N. a rWfWkw%»aro | Hit-and-Run Driver Is Caught After Pursuit Oxboro Heath. Minn.. Sept. 10.— (JP) —A posse, which pursued by automo bile. a hit and run driver, today had placed Clarence Osmunson, Delavan. Minn., in jail here. The driver, who said his name was Osmunson struck the bicycle on which Douglas Chalmers. 14. Minneapolis, was riding. He failed to stop after the lad was hurled to the pavement and i —m—a—APl S y i I jan ■■ m An Irish boy with a blarney tongue and a golden voice ... a struggling family ... a loyal sweetheart . . . trouble ... a benefactor . . . luck . . . fame . • . the sensation of Broad way! and then . . . You'll want to sec and hear this amazing saga of the world's most enthralling city! All Talking Comedy - “Co Easy, Doctor'* Tuesday and Wednesday Performances: 2:30-7:15-9 p. m. CAPITOL THEATRE suffered scalp lacerations, and automobiles containing about 211 ldonts of this town, gave chase. * A monkey wrench, hurled thm a window of Osmunson’s car by of the pursuers, shattered the g and forced him to stop wh<sn on his tires went flat. He was capita and held on an open chares. SWISS ADHERE TO PACT Berne, Switzerland. Bept. 10. —U A federal decree effective today dared adhesion of Switzerland to Kellogg pact. 7'