davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
BABY CHICKS
SUPREME COURT
From Morton County

From Morton County
Z State of North Dakota, Plaintiff
and Respondent VS.. Herbert Marty,
Defendant and Appellant.
Syllabus:
l. Where the defendant in a
criminal action files an application
for change of place Of trial (Sec-
ton 1876, C. L. 1879 and an affi-
davit of prejudice against the Judge
of the district court in which the
action is then pending '(Section 1O766,
c. L. 1879 and the court to which
such applications are presented grants
the same, and causes an entry to be
made in the minutes of the court to
the effect that the applications are
granted and the place of trial
changed to the district court of an
other named county, and, SUISSE.
quently, makes, signs. and files
written order in the cause changing
the place of trial from the county in
which it is then pending to the dis
trict court of the county named in
the notation made in the minutes of
the court, the court to which the ac-
ton is removed becomes and is vested
with jurisdiction, without regard to
whether the papers in the case have
been transmitted to and filed in the
latter court.
2. Section 106S1, C. L. 1913. which
provides that the states attorney or
person appointed to prosecute shall
indorse or otherwise exhibit on the
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

criminal information in the case "the
names of all witnesses for the prose-
cution known to him to be such at
the time Of the filing of the same,
but other witnesses may testify, in
behalf of the prosecution on the trial
OF said action, the same as if their
names had been Endorsed upon the in
formation" does not inhibit wit
nesses, whose names are not indorsed
On the information from being called
n behalf of the prosecution, where
the states attorney did not know at
the time of the filing of the informa-
ton that the persons so called would
be necessary witnesses for the prose-
cution on the trial of the case,
8. For reasons stated in the opin-
ion it is held that the trial court did
not err in admitting the testimony
OF the sheriff relating to certain adj
missions OF guilt, made by the de-
4. For reasons stated in the opin-
ion it is held that the trial court did
not err in admitting in evidence GER
tain letters written by the prose-
cutrix.
3. In a prosecution for statutory
rape, it was not error to allow the
State to introduce evidence of sex
ual intercourse had on different days,
and to refuse to require it to elect
the occasion on which it would rely
till the close of it's case.
6. Mere failure to instruct the
jury on particular phase of the
evidence cannot be urged as preju-
dicial error in the absence of re-
quest so to do.
Z. For reasons stated in the opin-
ion it is held that the evidence is
to sustain a verdict of
guilty of rape in the first degree. /
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
Tribune Classified Advertisement,
Ell Q n e 2-.1 ~
FOR. SALE

&@@ FOR SALE
FOUR ROOM modern bungalow, two
bed rooms, full basement, hot wa
ter heat. double garage. Price
4 $4,000. Terms. !.
FIVE ROOM modern bungalow, hard
wood floors, fun basement, fur
mace heat. gas water heater, gas
| range. Price $1,000. Terms.
FIVE ROOM modern bungalow, hard
wood floors, fine basement, fur
mace heat, Double garage. Price
$500. Terms.
SEVEN ROOM modern dwelling,
hardwood floors, fulk basement,
east front, A Mol condition, gar
age. Price $500. Terms.
FIVE ROOM modern two story
dwelling, hardwood floors, oak
trim, fire place, lawn, trees, garden
space, garage. Price $500. Terms.
EIGHT ROOM modern house, five
bedrooms, double garage, east
front. trees, garden space. Price
$500. Terms.
LARGE NEW, three-bedroom, two
story dwelling, west end, basement
garage. full basement, hardwood
floors. Price $3.50. Terms.
FIVE ROOM modern bungalow, full
basement, furnace heat, hardwood
floors. Price $4,000. $500 cash,
balance monthly.
FOUR, ROOM bungalow, built 1921,
east front, full complete basement,
furnace heat, hardwood floors,
built-in features, electric stove,
screened porch, near school. Price
$4,000. Good terms.
$3.50 CASH and $45 month including
interest buys a modern six room
house, hardwood floors, hot water
heat, garage. East front. Price
This agency has a most complete
list Of houses, lots and farm lands. |
with new listings coming in every day. |
Insurance of all kinds written in re. |
liable companies.
HEDDEN REAL ESTATE
AGENCY
~Ever.Heady to Give Service"
Money 70 Loan
webb Block. Phone o
411-1w
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
PAGE CONNOLLY

Chicago, April IA one-eycd fish
with apparently normal vision has
been produced in the experimental
laboratories of the University of
Chicago. In the experiment the eyes
of the fish were removed and one
transplantcd in the forehead. The
operation was performed by DR..
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

London, April IT. Many men inl
The north of England become quite
adept at cointossing to Il line. They'll
then travel from village to village,
get the people in game with them,
and walk off with their money.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

Opinion of the Court by Johnson
j.
Reversed.
MCGEE e. Goss, Minot, N. Oak, at
torneys for appellant.
j. f.. Nelson's Garrison, N. Oak,
and Scott Cameron, Bismarck, N. d.,
attorneys for Respondent.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

Appeal from the district court of
Morton County, Berry, J.
Herbert Marty was convicted of
rape in the first degree and appeals.
Affirmed
Opinion of the Court by Christian
son, Oh. j.
Simpson e. Mackoff. of Dickinson.
N. D., attorneys for defendant and
appellant.
Geo. +. Shafer, Attorney General,
Bismarck, N. d., j. p. Cain, States
Attorney Of Stark County, Dickinson,
N. d., and l.. II. Connolly, States
Attorney of Morton County, Mandan,
N: D., attorneys for plaintiff, and
From Mclean County.
Wesley A. Cummings, Plaintiff and
Respondent. VS.. w. V. Deleen, De-
PENDANT and Appellant.
Syllabus:
l. In a suit to recover damages
where IplailSiff sold defendant a
quarter section of land and received.
as part of the purchase price, "a
transfer of notes and real property
mortgage of third party upon the
that such mortgage
was second lien on the premises
with a prior cncumbrance Of only
Sc, 100000, such representation being
untrue and the prior encumbrance
exceeding 100000, and where the
court charges the jury that the plain
tiff must prove that what he re-
ceived was worthless or fail, it is
held, for reasons stated, that the in
struction is erroneous and there
must be new trial.
Appeal from the District Court of
Mclean County, before Hon. ]. A. |
COffey, Judge.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
ross COINS FOR LIVING

Theodor koppyani, famous European9
eye specialist.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Furnished rooms. For
Sale, Monarch range in good condi-
ton. l rug and carpet loom good
as new. i iron bed and springs. 6l6
9th Street. Phone S26R..
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Unfurnishcd 2 room
apartment, very reasonable, close
in. private entrance. Also congo
leum rug and cabinet table for
sale. Call AGAR. 4-13-1w
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

WANTED-To sub-let for summer
months, furnished apartments in
GLIDING dishes and linens. Tribune
Building. Call 1O40. All ST.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
MALE HELP WANTED

WALTZ nEl-f WANTED
WE HAVE A POSITION for three
men, who own an automobile, driv-
ing in the country selling farmers
a good article which every farmer
buys. A forty-five year old COM
pany. You will be protected on
territory and given help to get
started. See or write Mr.. Clcary
at the Grand Pacific Hotel, We'd
nesday evening or Thursday.
Ais st
WANTED-Men and women to learn
barber trade. Great demand; big
wages. Few weeks completes. Cat
alog and special offer free. Moler
Barber College, Fargo, N. D.
3-21-1mo.
MANUFACTURER wants sales man
ayers, open branch offices, man.
age statesmen, $500 to $1,000 neces-
sary. Possibilities unlimited. Sec
rotary. ia W. 4th St., Suite GIT,
Los Angeles, Cal. 4-15 st
WANTED-Young, active, experienc-
ed bookkeeper. Apply Tribune No.
y66: 4-l3-tf
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Two room apartment
ever Cowan Drug Store, furnished
or unfurnished. Apply Cowan
Drug Store. 3.3O.tf
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

IFUK KENT-F0ur room modern flat
Apply Mrs. Mary Burke, 217-l0th
st. d.1k.1w
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Four room house part
ly modern. Call 214-5th Street.
AIN. ~
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Four large modern
rooms and bath with large east
4 porch. furnished for light house
keeping. Phone 357W or call ITO
I Seventh street. All 1wk
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Apartment in Tribune
block available May LIST. Apply
Bismarck Tribune Office. -,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
AGENTS WANTED
FOR SALE OR RENT
HOUSES AND FLATS

FOR SALE-Five room all modern
bungalow with bath room, good To-
cation, trees, lawn. House IS 26x4S
hard maple floor, full basement,
porch in front and behind, front
porch screened in. Also one small
house 12x2O, both houses on Is by
$50 foot lots. Inquire 400 14th
Street. Ais Wk.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Pleasant furnished
room in modern home. Convenient,
location. Also sanitary couch
and large leather seated rocker
for sale cheap. 100 Avenue B.
(. Phone S12M. 4-17.3t
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR RENT-Two furnished rooms in
/ modern home, newly decorated.
d Close in, near the street car line ),
/. 223-2nd St. Phone $3.50. 4-l6.3t
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FUR SALE-At Q bargain, two wood
en- type case stands. fully equipped
With slides. real bargain for print.
er. who needs new equipment.
Sale for cash only. Apply Tri.
hrne 1.2S.tf
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR SALE-High class cafe fine 10.
cation, good business will make.
price right for . straight sals.
Write No. go. cara Bismarck Tri-
I, .bune ' 3-2-tf
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

!; PAPER HANGING, kalsomining. in,
) terror decorating, house painting,
expert mechanics, estimates fur,
nished. city or country. Call at,
SO7-4th St., or Phone 5O4-W.
ArJ 1,,,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
MrsCEI.LANEOr1s

FOR SALE--t'urniture including kit
chenware for one room apartment
kitchenette and bath. Possession
may be had at once and apartment
kept by buyer. No. 90 Hughes.
Phone 1861. w. F. Gettelman.
4.16.3t
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR SALE OR TRADE-FNrnlshed
Hotel located at Zap, N. Oak. Here
is an opportunity to acquire q good
business at q real bargain. Wr;te,
Tribune No. 064. SO Nv
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOR SALE-Well Machipe, the only
machine in town. good buiness, al
SO Gray Tractor 1886. Good shape.
+. J. Appert. Hazelton, N. OAK.
4.13.1w
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17
HELP WANTED-FEMALE

WANTED-Girl or woman for gem
eral housework. Call evenings af-
ter 1900 o'clock. Phone 1851. 400
18th street. Ale Ct
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FUK kENT-LarRe2 room very con-
oies EOS aaa K Issssens 81. near 4l rott
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

Do YOU WANT A NEWSPAPER?
The Mercer County Farmet, of,
Stanton, N. Oak, will be sold at
auction, May LIST, 1925. Mrs. John
L. Cass. 4.ll 2wls
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-17

FOX kENT-Strictly modern apart
F. w. Murphy. Phone $50 4-SO-tfl
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
COMPROMISE REACHED
IN CANADIAN STRIKE
Company Agrees Not to Put Time
Clocks in Mines If workers
Return.
BY the Associated Press

BY the Associated Press.
ST JOHNS, Newfoundland, March
IA compromise settlement was
reached yesterday between repre-
sentatives of the British Empire steer
CORPORATION and 900 striking workmen
at the Bell Island iron mines AS a
result, the company proposed to begin
operations in two additional mines
on Monday, increasing the number or
employed to 1000, and on May 1 70
increase the working force TO 2,ooo.
Ratification of the proposals will come
before a meeting of the workmen TO-
night.
According to the agreement the
mirfers will resume work under the
existing hours while the company
agrees to abandon the proposal to
install time clocks-the immediate
cause of the strike. The company
agreed also to pay the workers by
cash instead of by check The miners,
according to the terms of the agree
ment, will postpone their demand for
higher wages until authentic figures
show the company to be making
ADEQUATE profits on ore exported.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
25,OOO CHILDREN
IN NEAR EAST AIDED
Two Years Activities of Re-
lief Group Are Outlined in
ViCkrey's Report.

An average of one child every 10
minutes of each working day during
the past two years was placed either
In home or in self-supporting en-
ployment by the Near East Relief, in
It's program of de-institutionalizing
its orphanage and child-welfare work,
Charles V. Fickrey, general secretary,
today reported to Congress.
In his annual report, Mr.. Vickrey
explained that during 1928, 14,159
children had been placed in homes,
as apprentices. or otherwise brought
, into Comparatively normal social and
economic relationships" During 1924,
rft was said, an additional 10000 We're
placed. Personal inspection and later
supervision are required in every
lease.
z Total expenditures for the Near East
Relief since it's beginning were said
to have been s9O,337.s20, spent in
Armenia, Turkey. Syria, Palestine,
Mesopotamia, Persia and Greece.
Deficit Is Remaining.
The disbursements during the year
were 1896, 1929, leaving balance on
the years operations of $29S,993,
which has been applied to the deficit
remaining from operations after the
Smyrna disaster The balance sheet.
of the organization at the end of the
year shows a remaining deficit of
S29S.229
THE general policy in our work
during the year" said Mr.. Vickery,
"has been to confine activities, as
largely as practicable, to orphanage
and child welfare work. In war
ravaged. impoverished area, where Is
per cent of the population are refu-
gees and where the wholesale eN-
changes of populations are still inS
progress with an inevitable accom-
paniment of suffering, reduction OF
the relief program has not been easy.
The chain of orphanages that
Near East Relief has built up Is the
most remarkable success of continu-
ing charity that the American people
has ever achieved; for the raising of
money in squirt after some great
catastrophe is child's play compared
with the continuous support, year in
and year out, of children salvaged
from death in such catastrophe.
During the past year the service
of Near East Relief abroad has
reached 554.97S persons, of whom the
great majority were women and
children. This service included food,
medical aid, education. clothing and
personal service such as the release
of Greek military and civil prisoners
and the supervision of refugee emf
grafton Children in orphanages
numbered 41,O62 at the beginning of
the year children supervised and sub
-sidized in families were 1874, and
children in special schools were 1,454.
The institutions supported We're as
follows: Forty-six orphanage centers,
90 hospitals and clinics and % spe-
ciaI schools and other institutions.
Every effort is being made to de-
institutionaliZe the orphanage and
child welfare work and to provide
homes or self-supporting employment
for all the children as rapidly as
possible.
More than a million Americans
contributed s4,265,322 to Near East
Relief during the past year, says the
report. But even more Significant
than this financial response was the
large enlistment of volunteer work
ers throughout the United States.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
FILIPINO SCOUT REBELS
MUST SERVE SENTENCES
Court-Martial Verdicts Confirmed
for Men Engaged in "Peace-
full" Mutiny.

BY the Associated Press.
MANILA, March 1.-THE War De-
partment having approved the verdicts
of the court-martial of the Philippine
Scouts who mutinied at Fort Mckinley
last July, the more than 200 men in
volved will Immediately begin serving
their sentences.
The Is ringleaders. who received SEN
fences Of from to 20 years imprison-
ment on charges of causing a mutny,
will be confined in Bilibid Prison. The
other prisoners, convicted of participat-
ing in mutiny, were given sentences of
five years each at hard labor by the
court-martial, but the commanding Of
ficer has ordered the sentences cut in
half. These men will be sent to Fort
Mills, Corregidor Island.
The "mutiny" to which reference is
made was a sort of peaceful strike by a
group of scouts undertaken in an effort
to force the Government to give them
equal pay and allowances with white
soldiers in the Philippines. The move
ment was checked almost as soon as it
began. Some of the scouts asserted at
the court-martial that they had Joined
the mutiny under duress.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
Fresh Vegetables
Declared Cause of
Trouble With Maid

BY the Associated Press.
LOS ANGELES, March 14.-Fresh
vegetables were the rock on which
the domestic tranquility of Mary
Miles Minter's Pasadena home
crashed and came to grief, the
former screen actress explained in
a deposition read in Superior Court
yesterday in reply to the accusa-
tons of her one-time maid, Kath-
crime Herlihy. who Is suing Miss
Minter for IS. 900 DANA ges, alleging
malicious prosecution.
The argument and subsequent
disturbance which led her to call
in the police and have Miss Her
lihy taken to jail, the former ac-
tress stated. grew out of her
Miss Minter's) insistence on
strictly fresh vegetables for din
ner, an insistence which generated
rage in the soul of the maid. She
caused the woman's arrest on the
advice of justice of the peace,
she said.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14

Rents have decreased Is per cent
in Toxic since the peak was reached,
shortly after the earthquake.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
RATIFIES LIQUOR PACT.
Dutch Chamber Agrees to Treaty
With United States.

chamber of the States General, the
Dutch parliament, yesterday approved
the treaty signed in Washington Au-
gust II last regarding the transport
of alcoholic liquor. On March the
second chamber ratified the agree
ment.
This treaty, intended to aid in cop
ing with rum running, is similar to
the treaties signed with the same
object between the United States and
Great Britain and various other for
eign powers covering the illegal i'm
portation of liquor into the United
States.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
CANTON CANCELS
CARGO BOATS TAX
The Provisional Government
Moves for Peace on Death
of Sun Yat-sen.
By the Associated Press.

CANTON, China, March 1.-THE
provisional government, officially an
nouncing the death of it's head, DR..
Sun Yat-sen, who died Wednesday in
Peking, Cancelled the recently i'm
posed taxes on cargo boats, which
caused strike Of cargo boat and
carriage coolies and threatened to
provoke general strike throughout
the city. There is much jubilation
among the workers, who are resum-
ing work.
There is, however much uneasiness
here owing to military activities in
the city and throughout the province
of kwangtung as a result of the re-
ported ambition of Gen. Chen Chung
ming, an opponent of the government,
to gain control.
AS sign of mourning for DIR. Sun
the government has ordered the
closing for a week of all cinemas and
theaters and the cessation of fire
works displays and other amuse-
ments. All government officials and
employees have been ordered to wear
a band of crepe on the left sleeve.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
FAIL AT INDICTMENT.
Florida Whipping Boss Still Is
Held. However.

CROSS CITY, Fla, March 1.-THE
special grand jury investigating the
death of a negro, parts of whose body
were found in a pile of ashes last De-
cember, adjourned last night without
returning an indictment.
Thomas W. Higginbotham, prison
camp whipping boss" convicted of
second degree murder, in July, 1929
in connection with the death of Mar
tin Tabert, North Dakota youth, and
who is awaiting a new trial on that
charge, still was held in the Dixie
County stockade.
If you want work, read the want
columns of The Star.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
"FAGIN" CASE ALLEGED.
Men Declared to Have Directed
Girl ShoplifterS.

BOSTON. March 14-The operations
of a "shoplifting syndicate" were
brought to light, police said, by the ar
rest of two men who were held yester-
day in bail of $4,000 each for trial. 1t
was said the men headed an organiza-
ton of Is young women who have been
trained to steal from stores.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
S233,243 TAX SUIT FILED.
Government Acts Against Mrs.
w. K. Vanderbilt.

NEW YORK, March 14-Suit
against Mrs. w. X. Vanderbilt to re-
cover $233.243 in taxes and penalty
alleged to be due the Government
from the defunct Morgan Mining
Company. of which she was the prin-
cipal stockholder, was filed yester-
day in District Court by Federal At
torney Buckner
Papers in the action cited that the
company, which had its principal
place of business in San Francisco,
dissolved in 1919 without having paid
or provided for the taxes due for that
year. 1t was alleged that Mrs Van
derbilt, as almost the sole stock
holder, received s550,000 when the
corporation was dissolved.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-03-14
Cant. Mcleod Retired.

Capt. Irving NJ Mcleod, Sth L. S.
Infantry, under treatment at Walter
Reed General Hospital, has been placed
on the retired list of the Army on &C
count of disability incident to the
serXice.
Evening star., 1925-07-14
HEADLEY ISSUE AGAIN
BEFORE CIVIC BODY
Chamber of Commerce Directors to
Confer on Denial of Hearing
by Commissioners.

Immediately following the decision
yesterday of the Washington Board
of Trade to drop the Headley matter
James T. Lloyd. president of the
Washington Chamber of Commerce,
announced his intention of calling a
special meeting of the board of di-
rectors of that organization to consid-
er the reply received from the Com
misSloners to it's request for a hear
ing for Capt. Albert J. Headley.
Following a meeting of the directors
of the chamber last Tuesday a reso-
luton was sent to the Commissioners
requesting a hearing for Headley, and
announcement of the reasons for his
demotion. To this the Commissioners
declared the matter was closed issue
and hoped the chamber would consid-
er the action taken in the interest of
good public policy. A large number
of the directors and officers of the or
ganzation feel that this reply is not
satisfactory. And the board will meet
to consider a reply to the Commits
sionerS' communication.
The civic affairs committee of the
Cosmopolitan Club last night adopted
a resolution asking that the Commits
sioners communicate their reasons for
the demotion of Capt. Headley and
allow him to appear before them or be
allowed to send his reply.