davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-22
IT, From Gsisrs County s
Bertha Ouren, ct. al,
: Z b Plaintiffs and Appellants

Bertha Ouren, ct, al.
sE Plaintiffs and Appellants.
Seval Friswold, Executor of
the Estate Of L. O. Stat, also
known as Lauritx o. Stat, ct al.
Defendants and Respondents.
]. In o proceeding brought to con-
test the probate of a will on the
grounds. first of improper execu-
ton, and second, Of undue. influence.
the evidence is examined and held to
establish the due execution of the
will; Also, that it does not tend SUBJ
stantially to prove that undue in
fluence was brought to bear upon
the testator to the point where his
act in executing the will could be
said not to be his free and voluntary
act.
2. Under Section. 56A9, Compiled
Laws Of 1918, a will is properly ex-
ecuted If il is subscribed in the
presence Of the attesting witnesses
or acknowledged by the testator to
them to have been made by him or
by his authority. the tcstator at the
time declaring to the attesting wit
nesses that the instrument is his
will and the witnesses signing in his
presence and at his request.
3. Where at the close of the plains
tiffs' testimony q proceeding is dis
missed on motion, of the defendants
attorney and not submitted. to the
jury, under Chapter 1873, Laws. Of
1921; Section, 7643, Supple mcnt to the
Compiled Laws Of 1918. the error, ii
any, is without prejudice where the
evidence is such as to require judg-
ment for the defendants.
Appeal from the District Court Of
Griggs County, Hon. A. T. Cole,
AFFIRMED.
Opinion Of the court by Birdzcll,
Bad & Duffy, Cooperstown, N. Dak..
Attorneys for Appellants.
Benjamin Tufte, Cooperstown. N.
OAK, Attorneys for Respondents.
From McHenry County
Albert Weber, plaintiff and appel
liant, W.. D. J. O'Connell, defendant
and respondent.
Syllabus:
/. Section 1905, Compiled Laws
1913, providing I'm the canvass Of
the votes. any, official ballot which
is not indorsedl as provided in this
chartef by the official stamp and ini-
tials shall be void and shall not be
counted" applies to absent voter bal
lots deposited in a ballot box pursu-
ant to section 1901, Compiled Laws
1918; and where such absent voter
ballots are not so Endorsed they are
void and cannot be counted.
AplS6l from the district court of
McHlAfy county. Hon. w. J. Knee
shaw judge. Election contest From
a judgment for defendant, plaintiff
appeals. ass
Rsysssed and remanded with direc-
Opinion Of the court BY Nuessle.
Clftp9tsnson and Burr, judges, did
not s1&rticfpates Hon. Geo. H..,MOell.
ring ,eAd Hon. n. ]. Eneleft, district
Judge, sitting III their stead.
Mk6~es ~ Gass Of 4inoE attorneys
forS0aAlnttM and appellant.
~ =. &C onpell Of r6wnlr, attorney
ford fAnd6At and respoHdent.r
sFrom M01htrall Ccanty
H. p. Carlson, pl1intfff &tld re-
spohdeist, W. ]. 8. Chaie, a. adminis-
traitor Of the estate Of. George ].
Snitbs deceased, defendant and ap-
pellant.
SyllAbus: .ss
Section sT44 az the Compiled Laws
ofsslol8. to .lf&e effect that, Il any
action To- pending against II deceased
person 1t the tins of klSi d3dth. the
plaintiff must pf6oont AlG %clnin "a
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-22

Paul Campbell, of Minot, Atxor-
ney for Petitioners.
u. W.. Iwif0rd and F.. J. Funke, Of
Minot, Attorneys for Respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-22

RETURNS FROM MINNEAPOLIS
Miss Ruth Hunke has returned
from Minneapolis, where she spent
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-22
MQndQn NeuS>

Trainers. The training school got 10
hits to six for Center.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-22

some time as the guest Of Miss Agnes
Jones, former physical instructor in
the Mandan high school. Miss Jones
returned with Miss Hunke to visit
here for a few days.
HAVE A SON
A son was born Friday to Mr.. and
Mrs. Albert Chester of this city.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-22
S0IA , GEnnta Cealky

Cedar Rapids Istioaal Bsj,k. = li cer.
poration; plaintiff and appellant. IS.
=. II. 9noosy and Ed Sn1ozy, a..
PENDANTS and resopndsnts.
Sy1labus: Il. q u ~ .sis
4. where promissery notes 81. *
seuted il series. and lAt fispt 81 ~
Douglas daily dispatch., 1927-08-26
Prince Of Wales Acts
Lord BountifuF Role
To Proctor Children

SIRDAR, B. c., Aug. 25 t0-Children
OF Proctor, B. c., remember the Prince
of Wales as some new father bounti-
full. They gathered in force about his
car during transfer of the royal train
to barges for the trip down Kootenay
lake to Kootenay landing yesterday
and they were so curious they were
not content with one prince.
Where's your brother?"l shouted one
little fellow.
would you like to see him?" Wales
replied. wait a minute and I'll get
him for you. He disappeared and
was back in moment with Prince
George. The brothers talked with the
children for minute or two and the
Prince of Wales disappeared again
"I've got something else here,' he
said as he came back with box. It
contained pieces of refined silver given
him as souvenirs earlier in the day at
Tadanac. The children held out eager
hands. The prince broke the silver to
make it go around but there was still
one disappointed tot, who held out an
empty hand, Whimpering. But the last
piece of silver was gone. A third time
the prince disappeared within the car.
He was back in a moment pressing q
plum into the tiny hand and all was
smiles again.
Douglas daily dispatch., 1927-08-26
Paul Redfern Leaves GeOr-
gia On Record Breaking
Voyage.
OVER ATLANTIC
First Land He Will Sight
Is Porto Rico, 1900 Miles
Away. Ai

BRUNSWICK, Ga, Aug. 25 up -
Alone in his monoplane, Paul Red
fern was roaring south over the At
Ilantic tonight on the first nonstop
PAN American flight ever attempted.
Taking off from Glynn Isle beach
at 12:46 o'clock, eastern standard time,
this afternoon, the sport of BRUINS
wick" went winging toward the West
Indies. Porto Rico, 1900 miles away,
is the first land on the route.
Beyond Wind-swept seas and inn
penetrable jungle masses, the leAle
flier hopes to reach his goal Rio De
Janeiro-on flight that, If attained,
will mean new world records for en-
durance and distance.
God willing, I am going to Rio,"
said the son of president of Benedict
college, as he waved his hand In fare
well. After a first false start the
plane was hauled higher on the beach
and Strengthened out.
For more than half q mile it taxied
down the beach. Then the heavily
laden ship rose slowly and with roar
turned seaward- South America bound.
To the thrOng their Ambassador to
Brazil" was on his way But to the
sobbing young wife, her husband had
gone down to sea and long and
anxious vigil had begun. She had
fought back her tears but now that he
could not see them, what did it mat
ter if she cried.
Vivibility was not good over the
ocean and the some three Thousand
spectators strained their eyes as the
silvery plane became fleek on the
horizon, then disappeared.
Paul Warner, chairman of the flight
committee, said Redfern had been Civ
en- definite instructions.
IF you find conditions bad after
striking the South American mainland,
follow the coast to Para" Warner told
the pilot. eff moderate conditions
prevail and you think It advisable,
swing inland and try for Pernambuco.
Or, If everything is fine and you are
still confident you can make it, God
be with YOU"
just prior to his departure, Red
fern again expressed confidence in the
success of his 4,60O-nile venture.
''If should be forced down in the
Amazon valley" he said, Il believe I
can live almost indefinitely with what
equipment 1 am carrying / have
emergency food rations to subsist for
at least two weeks, and after that 1
will have found means by which to
carry on.
with N.Y. collapsible rifle, which
also shoots .410 calibre shotgun shells,
1 can bring down enough small game
to satisfy my needs for quite period
and also understand that tropical
fruits and vegetables abound through
out the territory Therefore, unless /
come down before passing into the in
terror Of South America, don't lose
hope of my return for at least six
months or more"
Douglas daily dispatch., 1927-08-26
COL. l.INDBEE;RC
is GREETED BY
MDHOME TOWN
Boyhood Friends OF Noted
Aviator Turn Out To Do
Him Honor

LITTLE FALLS, Mimi, Aug. 20 w
Greeted with genuine home town
enthusiasm, Col. Charles A. Lindbergh
today was welcomed by the folk OF
the environment which moulded him
into one of the great world figures
of all time.
A huge crowd, many times. the size
OF the % Tulation of this little central
Minnesota city, demonstrated in a
manner peculiarly its own its feeling
of alteration and affection toward
''Iindy"
Perhaps it was due to the energetic
efforts made to make it a perfect
home coming, but it is a fact never
theless that the occasion was one
exemplified by a remarkable display
of plain old fashioned appreciation
1or the feat of native son.
And Col. Lindbergh, himself, tired
and harried but still carrying an
infectious, boyish smile, caught the
spirit of the day and showed deep
seated gratefulness.
"Lindy" enjoyed that parade. He
enjoyed it from the time he stepped
quickly from the cabin of his "Spirit
of ST. Louis" to his automobile until
he was carried back to his hotel
following formal festivities at tho
Morrison county fair grounds.
He never missed an opportunity tc
greet an old acquaintance before, dur
ing or after the parade. He waved
unrestrainedly. he almost shouted a
times at the familiar faces of boy
hood and young manhood appeared
in the lines of happy thousands that
followed his every move.
Douglas daily dispatch., 1927-08-26
Navy Burns $125, 900 Worth
of Fuel in Hunt for Air
planes.
5, 900 EMPLOYED
$6O,OOO,OOO Naval Equip
ment Used in Humanitar-
ian Mission.

SAN FRANCISCO, Aug. 25 Q9-Un-
der second extension of time the
United States navy continued its
search today for the six men and one
woman missing in the $4,000 James
D. Dole air race from Oakland, Calf,
to Hawaii.
Searching was to have concluded to-
night but under a new plan devised
for covering q section of the Pacific
from a point 800 miles off the Cali
fornia coast to the islands the light
cruiser Omaha and six destroyers were
proceeding from Puget Sound, Wash,
where they refueled and reproyisio
to spend the next four or five days
looking for the lost fliers.
Hope was still alive today that Miss
Mildred Doran of Flint, Mich, John
Auggy Pedlar, Lieut.. Villas r. Knope,
Jack Frost and Gordon Scott, Dole air
racers, might be alive after nine days
missing The extended search was
also to cross the spot where Capt.
William Erwin and A. H. EichWaldt
were believed to have fallen into the
sea- after telling by radio last Friday
night of going into dreaded tail
spin. Erwin and Eichwaldt went out
in search of the other filters.
Officials of naval headquarters here
estimated today that by the time the
Omaha and her destroyer fleet con-
cluded their search the navy will have
burned $125,9J0 worth of fuel in the
hunt; that 5000 men employed will
have consumed $4,000 worth of pro-
visions and that $6O,0O0,O0O in naval
equipment will have been used in the
humanitarian mission.
The officials declared that as high
as So naval vessels were in the search
at single time, exclusive of the air.
planes, about 80, dispatched by the
tender ArOostook
Douglas daily dispatch., 1927-08-26
TRIP
PROVES TOBE
REAL VACATION
president and Wife Thor
Oughly Enjoy Yellow
stone Park Sights

YELLOWSTONE NATIONAL PARK,
Aug. 25, P)@The trip of President
and Mrs. Coolidge through Yellow
stone national park is turning out
to be real vacation for them both as
well as their son John.
Caught in the atmosphere OF the
place which lends itself readily to
rest and pleasure in the various
forms of recreation which park IA
cilitieS offer, the president seems to
be entirely unconcerned about the
formal sightseeing program arranged
for him, and content only to fish
as much as he can and go where he
pleaseS and when he pleases.
Mr.. Coolidge spent a whole day on
the waters of the Lake Yellowstone
region today fishing for cut-throat
trout, accompanied only by some
park rangers and few secret SER
vice men, including Richard Jervis
chief of the detail.
|. Perfect weather graced the morn
ing fishing trip to Squaw Lake, a
fish preserve, and the president re-
turned at noon with 10 trout and
traces of a Sunsurn In the afternoon
he fished .under an overcast sky
which looked as it it might SEND
down a heavy rain. at any time.
Mrs. Coolidge also is on the &c
all day long, taking a long motor
"trip to surrounding mountains on 9
trail which led outside the park tc
the TETON mountain range.
The formality which OF necessity
hedges in a presidential family hac
been dropped as much as possible
Mrs. Coolidge shows an inexhaust-
sihle interest in the scenery of this
natures wonderland, and in the eve
ming she and Jonn usually attend
the entertainment put on by the
sboys and girls who work in the
park during the summer
f, YELLOWSTONE NATIONAL PARK
Aug. 25 tA1--Mountain trout literally
Continued on Page Eight)
Douglas daily dispatch., 1927-08-26
AMERICAN WOMAN, WHO WAS SHOT
BY MEXICAN BANDITS, is DEAD

WASHINGTON, Aug. 25 R-A
terse telegram advising the state
department that Miss Florence
Anderson, of Los Angeles, had died
from a bullet wound sustained
Tuesday when bandits attacked q
train near Acap0neta, Mexico,
reached Washington today from
Vice Consul j. WinsOr Ives, at
MaZatlan.
Later, the department was in
formed by the American embassy
in Mexico City that appropriate
representation" had been made to
the Mexican government for the
capture and punishment of the
brigands.
Neither message gave details, and
until more is learned as to what
is being done by Mexican federal
and local authorities with regard
to the incident, no action is con-
templated by the state depart
ment.
Miss Anderson, a school teacher
who was returning to the United
States after summers study in
Mexico City, was the only one of q
Douglas daily dispatch., 1927-08-26

group of Americans aboard the
train who was wounded. The at
tack occurred early Tuesday, and
later in the day ON the trains
arrival at Mazatlsll she was taken
to hospital. ives reported yes
terday that an Immediate opera
ton had been deemed necessary,
but his message did not disclose
whether one had been performed.
1t simply said her wound had
proved fatal last night.
Miss AndersOn's death raises to
three the established number of
Americans killed by Mexican
bandits during the last two years.
State department files show that
Joseph ROsenthal was seized by
bandits near Mexico City and kill
ed on September is, 1926. Il. M.
wilkins, an American resident of
Guadala jara, is listed as having
been killed by brigands last
March.
Other eases of American dead
exist, but their perpetratiOn by
bandits has not been established.
Continued on Page Eight)
Douglas daily dispatch., 1927-08-26
HIGHWAY FUNDS
BY
BUDGET OF 1877
SIS, ,576,209.54 is Made Avail
able in Following 10
Months

+ PHOENIX, Ariz., Aug. 25 yR-With
a grand total of $5,576, ,209.54 to be
available for highway work of all
descriptions during the remaining ten
months of the fiscal year 1927-28,
the newly formed Arizona highway
commission this afternoon adopted
the most. comprehensive road budget
in the states history.
The commission actually today sue.
ceeded in getting a total of $4,704,-
G08.55 approved and certified by the
state tax commission to the state
auditor and treasurer, the same to
be deposited to the credit of the state
highway fund A synopsis of avail
able funds follows:
State highway fund 81, ,704 4,008.55
Special state appropriations 587 1892
Federal funds .........t.......... 200,00000
County funds ................ 85,000.00
Total SIS, ste, ,20954
Significant among the figures COM
piled by the commission is that OF
So. .367 ,581 so to be earned by federal
aid with gasoline receipts anticipated
and on hand figured at $1,050,00o.
The construction programs total
So .297, 1888, of which sum $3,O67 627
is allotted to federal aid projects;
$143, ,972 goes to projects outside the
federal air system, and $85,77899
available from the prison labor fund
has not yet been distributed.
Following is the apportionment OF
moneys among the IA counties and
the list of major projects approved
Maricopa Yuma project
Hassayampa bridge, 100000; surveys
Tor Aqua Fria bridge, $500; 81 miles
on PhoeniX-Prescott highway from
| Wickenburg north, $4,000; repairs
| to Wickenburg bridge $26,498.
total of $3.50, 1885 was budgeted fol
Maricopa county
: Apache Holdbrook-S Johns prof.
ect $4,000; Holbrook-Lupton survey
$4,000, Total for county, $4,000.
! Cochise - Benson-Douglas project
| $4,000; New Mexico line to point 26G
miles east of Benson, $215O00; ST.
David bridge, $4,000. Cochise total
$333,000.
COMMUNICATING through Williams
| $4,000; Ash Fork -Kingman project
$4,000. Total, $4,000.
Yuma-Welton overpass crossing oi
Southern Pacific tracks, $36,000 Gila
Bend overpass crossing, $4,000; Yuma
Welton project, $4,000; Yuma Gilf
Bend, three-nile stretch, $85, 5000 Tota
for Yuma county, $221,000.
Continued on Page Eight
Douglas daily dispatch., 1927-08-26
BLUE EYED GIRL, AGED 3, TAKEN
FROM GYPSIES, is IDENTIFIED

OAKLAND, Neb., Aug. 25 R-
The little blue eyed girl, scarcely
3, who was found Tuesday among
a band of gypsies here, has been
tentatively identified as Lucille
Davenport, who disappeared from
her home in Eureka, Calf, about
eight weeks ago. B. N. Barnhart,
of CanOva, S. D., whose wife is
the sister on the missing girls
mother, said he thought he could
see a resemblance between the
girl the gypsies call "Rachele" and
the dim snapshot he had of the
daughter of his sister, -in-law.
EUREKA, Calf, Aug. Is GA
trail OF blood and hair, identified
as human, and a long futile hunt
for the missing S year old Lucille
Davenport, who disappeared from
her parents camp near here July
3, convinced searching parties that
the baby was a victim of wild
animals.
The baby dropped from sight
Douglas daily dispatch., 1927-08-26
NONSTOP FLIGHT TO RIO De JANET 10
Navy Extends Search for Dole Race Auiators
SUMMARY OF
FLIGHTS
By The Assoeiated Press

Undeterred by the advent of late
summer with increasing hazard
of seasonal storms, aviation piO-
neers continued today their ef-
forts to ''tie in" air lines between
various far separated points.
Paul r. Redfern, yeuthful
Georgian, was believed to be In
the vicinity of Porto Rico at mid
night, on his almost arrow
straight 4,6OO mile jump to Rio
De Janeiro. "GOd willing, I'm
going to Rio" was his thrilling
promise as he left ground at
Glynn Island, Georgia.
At AID Orchard, Naive, Edward
r. SchIee and William Brock
regrOOmed their mOn0pIane 'Pride
Of Detroit" preparatory to con-
tinuine TO HarbOr Grace, New
FOundIand, whence they viii
step off" for a world flight, with
London as the first port of cali.
Deserted by the wind needed to
raise its great bulk, the huge
Fokker "Old Glory" lay on her
runway at Curtiss field, N. r.,
ready sfueled for a journey 10
Rome today, weather permitting.
'Duke" Schiller and Phil Wood.
Of Detroit, also are at Curtiss field
preparing for a Windsor, Canada
Windsor, l1ngland, trip.
The Stinson monoplane Sir
John CARING returning last night
to London, Ont, TO complete
preparations for a flight from
that point to London, England.
Although not engaged at pres
ent in further long distance
flights, Commander Richard f.
. Byrd landed at Toronto yesterday
with M. Maurice B0kanOwskT,
French cabinet minister, cOnapIet-
ing a flight began at New YORK
late Wednesday.
On the other side of the At
lantic, Capt. Frank T. Courtney
worked late last night getting his
flying boat Whale in shape for
take off at dawn. Repeated
efforts TO rise from the water
falling, Courtney ordered the gas
cline supply drasticaIly reduced
to tighten the craft. Other for
eign fliers at half dozen points
scanned weather reports as a
basis for new and renewed plans.
Douglas daily dispatch., 1927-08-26

while playing near her fathers
hCNle at Bull Creek Flat, south of
Eureka. For many nights and
days scores of men familiar with
surrounding peaks and canyons
prObed into undergrOwth receSSeS
for tangible clues.
Samples of the blood and hair
were taken to San Francisco and
there DIR. BennO LOwy, scientist,
inspected them micrOscOpicalIy and
with chemical tests and proclaim
ed them to be human and that
they could have come from child
of five.
MRS. PeO Davenport, mother of
the girl, declared today that pri-
vate adviceS received from Omaha
gave the description of the child
found there but did not tally
with her baby'S appearance. She
was TO receive by air mail tOmOr-
row a photograph of the girl
found in the Nebraska camp. 1t
was expected the matter would be
cleared up then.
Douglas daily dispatch., 1927-08-26
4 4 y = !. ~ = y s. 81 * + y * y
Married For Spite,
Movie Actress Gets
Divorce From Hubby

* LOS ANGELES, Aug. 25 P)-
T Hazel Deane, motion picture
:* actress, today obtained an annul-
* ment of marriage from Hugh
y Anderson on the grounds that he
81 married her to spite another
X woman to whom he was engaged.
* Miss Deane testified that An
~ derson spent the weekend with
* this woman in the San Bern
* ardino mountains three days be-
t* fore The marriage. Mrs. Mar
* garet Kimble, said to be for
81 mer sweetheart of Anderson's
I* testified that she followed him on
!. -s weekend trip to find out
* what he was doing with the
N other girl. Anderson's compan-
* ion on the mountain jaunt was
I*Y not named N the court room.
.*
.:x 81 s. * * * * # * * y * * *
Douglas daily dispatch., 1927-08-26
TAILSPIN
TAKES Z MORE
LIVES THURSDAY

INDIANAPOLIS, Ind, Aug. 25
R)-Sergeant Ralph A. Gordon,
113 aviation squadron Indiana ma
tiOnaI guard, and Miss Vivian
jackson, 20, of Indianapolis, were
killed late today when the air.
plane Gordon was plotting crash
ed to the ground after going into
a tail spin at 1000 feet. 1t was
believed the plane ran out of gasO-
line.
The accident occurred over Stout
airport, municipal field, and the
plane crashed near the field.
Douglas daily dispatch., 1927-08-26
BAND OF AUTO THIEVES
POSE AS REP AIR CREW

PARIS, Aug. 25 R-Police report
that broken down motors are whisked
away by thieves disguised as repair
men before the legitimate wrecking
crews can get to them.
The thieves are believed to have a
garage and to receive much of their
information as to the location of
broken down cars from accomplices
working with bona fide repair gangs.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-01-14
Sh01oer for
Bride-tO-Be

Miss Faye Sherman entertained
Thursday evening with a charming
card party and miscellaneous shower
at her home, 1880 College Ave-, in
honor of Miss Ethel Wells of
Birmingham, Ala, whose marriage
to r. T. Tripeer OF this city will take
place in the early spring.
The decorations and appointments
were in white and the bridal designs.
Miniature wedding bells were. given
as favors.
The hostess was assisted by her
mother, Mrs. David Sherman, and
Mrs. G. w. Stewart Guests were
Messrs and Mesdames Ed A. Miller,
Russell Richie. Frank Boxman,
James Koehler, Forest Van Blaricum,
Frank Kelley, Walter Wagner, Junot
Clark, r. Tripeer, L. o. Smith, c. A.
Stats, Charles Clark, j. A. Sackrin,
George Hiss of Penn, Ind, the
Misses Beverly Miller, Hilda thinner,
Faye Koehler, Mary Boxman,
Katherine Burgas, Rosemary Zim.
mer, Elizabeth Keller and the Messrs
George Stewart, Dick Tripee, Carl
Courtney, Dona Massa and Dick
Waeker
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-01-14
GUEST ARTIST SECURED

Kappa chapter Of Mu Phi Epsilon,
national honorary musical sorority Of
the Metropolitan School of Music,
has secured Willard MacGregor, ar
tist-pianist Of the Metropolitan fac
ulty, as the guest artist for the
second musical tea of the 1926-1927
series to be held Jan. &c at p. m.
at the Chamber of Commerce. Mem
bers Of the sorority who will assist
are: Mrs. Irene Heppner, soprano;
list; Miss Martha Rundell, violinist,
and an instrumental quartet COM
posed of Mrs. Alma Miller Lentz and
Miss Berenice Reagan, violins; Mrs.
Dixie Lieber, cello, and Miss Helen
Quig, piano.