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THIRTIETH YEAR BISMARCK. NORTH DAKOTA, WEDNESDAY MORNING, AUGUST 17, 1910. PRICE FIVE CENTb

"I DO NOT M

SAYS CHIEF CHICKASAW LEADER CAN'T RE­

CALL DEPOSITING OF

$75,000 IN BANK.

WAS M'MURRAY'S FRIEND WAS INSTRUMENTAL IN INDUC­

ING OTHER INDIANS TO

SIGN CONTRACTS.

PRESIDENT BURIAL OF OF CHILE

IS DEAD CHILEAN EXECUTIVE SUCCUMBS IN BREMEN SAME DAY HE COM­PLETES OCEAN VOYAGE — DEATH WAS DUE TO HEART FAILURE, BROUGHT ON BY SHOOTING OF MAYOR GAYNOR OF NEW YORK.

Chief Johnson Says that McMurray Saved the Tribe Over Sixteen Mil­lions of Dollars and that he Would have been Will ing to Let him have Eight Millions Attorney's Fees.

By Associated Press.

Sulphur, Okla., Aug. 16.—Douglas H. Johnson, a Chickasaw Indian and chief of the 80,000 members of that tribe, answered, "i don't remember," before the special congressional in­vestigating committee today, when ask­ed how it was that he was able to deposit the $75,000 to his personal credit a few days after McMurray had received $750,000 as attorney's fees.

Johnson had testified that he always had approved of what are known as the present McMurray contracts, which provide for the sale of $30,000,000 worth of land belonging to the In­dians and which would allow McMur­ray 10 per cent or $3,000,000 in fees. He also has urgeo other Indians to sign hem.

He testified in what are known as the citizenship caBeB several years ago. taht he approved of a contract in which McMurray got a salary of $5,000 a year and $2,700 a year expenses. A short time afterward he approved of another contract of which McMur­ray obtained for doing the same work a contingent fee off $750,000. The lat­ter fee was to have been $1,500,000, but was cut down one-half by the governor.

"Why was it you were willing to give McMurray $750,000 for doing that for which he already was paid a 'Salary?" asked Representative C. B. Miller of Minnesota.

"Because we thought he earned it," replied Chief Johnson. "He kept off the rolls 3,200 claimants to our prop­erty and thus saved us $5,000 for each person kept off, or a total of $16,000,-000. I would have been willing to have paid him fifty per cent, or $8,000,-000."

By Associated Press.

London, Aug. 16.—President Pedro Montt of Chile arrived at Bremen on the steamship Kaiser Wilhelm Der Grosse this morning. His death oc­curred at 11:50 o'clock tonight. It was due to recurrence of heart fail­ure, following the recent attack of angina pectoris from which he suf­fered.

j New York, Aug. 16.—President I Montt left New York just a week ago today after one of the most stirring experiences in his caieer. That same morning he had seen Mayor Gaynor shot down on the deck of the Kaiser

'Wilhelm Der Grosse, had witnessed the struggle with James J. Gallagher, the would-be assassin, and had de­parted on the Kaiser feverishly excit­ed over the occurrences, as were most of the other passengers aboard. A sufferer from heart trouble, it is not improbable that bis sudden death may in some measure be attributed to the strain of that occurrence.

ANGEL OF THE CRIMEA

REMAINS OF FLORENCE NIGHTIN­GALE WILL BE LAID TO REST BESIDE HER PARENTS SATUR­DAY—CEREMONIES TO BE SIM­PLE IN THE EXTREME—KING'S REPRESENTATIVE TO ATTEND MEMORIAL SERVICES.

PARIS-LONDON A E R O P L A N E RACE By Associated Press.

Amiens, France, Aug. 16.—An aero­plane race between Paris and London started today, when Hubert Latham and Molssant left Issy in the suburbs of Paris, and announced that they intended flying to London. Latham ascended first and drove through the air at great speed, but motor trouble forced him to land near LaFaloise. He expects to resume his flight tomor­row.

By Associated Press.

London, Aug. 16.—Florence Nightin­gale will be buried with the simplest ceremony Saturday at Willow, Hamp­shire, where her parents are buried. A memorial service will be held at St. Paul's cathedral at noon, at which time the king will be represented. Tiiere will be a very large gathering of military men. The war ottice is ar­ranging the details of this service. Some of the newspapers have sug­gested that the body be borne through London on a gun carriage to the rail­way station, to enable the public to testify to their respect for the "Angel ol the Crimea."

MATINEE IDOL WILL | MARRY AN HEIRESS I WILL SHOOT

OLOEST INDIAN PREDICTS M

New York, Aug^l6.—Now that John Barrymore Blythtj the actor, who is known of the sojge as Jack Barry-more, and Miss Katherine Corre Har­ris, the young heiress, -have obtained a license to west their friends are speculating just when the event will take place. The announcement of their engagement was iiade while the fath­er of the bride t o t e was on his return voyage from abroad

TEMPERATURE, PULSE AND RES­PIRATION PERFECTLY NORMAL TUESDAY, AND SECRETARY AD-AMSON SETS UP TEMPORARY OFFICE AT THE HOBOKEN HOS­PITAL TO ATTEND TO CORRES­PONDENCE.

By Associated Press. New York, Aug. 16.—.Mayor Gay-

nor's progress toward recovery from .ne wound inflicted on him a weeic ago today is still unbroken. Although Mrs. Gaynor spent most of the day at the mayor's bedside, Robert Adamson, his secretary, felt free enough from worry to set up a temporary office in the hospital, and much of his time was given to accumulated correspond­ence. Dr. William J. Arlitz said to­night that the mayor's average tem­perature today had been 99, his pulse 70 and his respiration 17. The fig­ures were so nearly normal, he added, that for practical purposes they might be considered quite so.

POLICE ARE

GLENN H. CURTISS WILL TAKE UP ARMY SHARPSHOOTER WHO WILL ATTEMPT TO TRY HIS MARKMANSHIP FROM ON HIGH —SIGNAL CORPS COMMANDER WILL ALSO MAKE FLIGHT.

EROM CARS MAYOR REFUSED TO POST GUARD

ON CARS RUN DURING

THE NIGHT.

TRI-STATE WEATHER North Dakota: Fair in west;

showers, followed by fair in east portion Wednesday; cool­er In extreme east portion on Thursday; fair; warmer.

South Dakota: Local show­ers and cooler Wednesday; Thursday fair; slightly warmer.

Minnesota: Local showers and cooler Wednesday; Thurs­day fair; warmer in west por­tion; light to moderate north­west winds Wednesday.

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t ROOSEVELT IS DEFEATED '• DY OLD GUARD IN N. Y.

REPUBLICAN STATE COMMITTEE REFUSES TO RECOMMEND HIM

FOR TEMPORARY CHAIRMAN OF STATE CONVENTION, WHICH

MEETS AT SARATOGA IN SEPT EMBER — ROOSEVELT ENROLLS

HIMSELF AS A PROGRESSIVE SO FAR AS THE NEW YORK SITU­

ATION IS CONCERNED.

By Associated Press. New York, N. Y., Aug. 16—Theo­

dore Roosevelt matched strength with the "old guard" of the republican par­ty in New York state and met decisive defeat. The republican state commit­tee in session here, by a vote of 20 to 15, refused to recommend him for temporary chairman of the state con­vention, which meets at Saratoga, on September 27. Instead, Vice-president James S. Sherman was selected.

This is Col. Roosevelt's second de­feat at the hands of the "old guard," the first having been the legislature's refusal to pass the Cobb direct pri­mary bill, although Mr. Roosevelt es­

pecial ly endorsed it. With his setback today, plans for

harmony wthin the party in the state received a severe jolt, and as soon as Col. Roosevelt heard the news he is­sued a statement in which he enrolled himself as a progressive so far as the New York situation goes. It was his most pointed political statement since his return, and those who saw him were convinced that he had deter­mined to begin an open fight on the "old guard."

Although repudiated today, it does not necessarily mean that Col Roose­velt will not be temporary chairman. After all, the convention delegates themselves will decide who is to open the meeting and deliver the keynote speech, and the state committee's rec­ommendation of Mr. Sherman for the place- served notice on the former president and his supporters that the "old guard" would give him a fight to the end. > •"••

In the interval between now and September 27, it is expected that the struggle between the organization and the Roosevelt-Hughes forces will be carried into every corner of the state and that the chief issue will be at the primary for the election of Roosevelt or anti-Roosevelt delegates to the con­vention.

Whether Mr. Sherman lent his sup­port to the movement which resulted in Col. Roosevelt's defeat has not been established definitely.

Lloyd C. Griscom, chairman of the New York republican county commit­tee, who presented the colonel's name today, said this evening: "I do not know whether today's action by the committee will have any effect on Mr. Roosevelt's attitude during the state campaign. Mr. Roosevelt is to be a delegate to the state convention. U seems to me that as the only living ex-president of the United States, the party in his state owes him at least the temporary chairmanship."

Col. Roosevelt issued the following statement this afternoon: "To the various persons who asked me wheth­er I would accept the position of tem­porary chairman of the state conven­tion, I said that I would do so only if they were sure, after knowing my attitude, that they desired me; be­cause my speech would be of such a character that i t might help if the convention nominated the right kind of a man on a clear-cut, progressive platform, but that i t would hurt if neither the right kind of a man were nominated, nor the right kind of plat­form adopted." . .'•-;•„•'••~j^

Devils Lake, N. D., Aug. 16.—Chief Clitnb-a-Tree, probably one of the old­est living Indians of the Sioux tribe, who makes his home' on the reserva­tion, whose real age is unknown, but from incidents of the past it is com­puted he must have lived at least 115 years, is the weather prophet of the Indians of this section of the country. It is said he remembers well the incident of Halley's comet 75 years ago, and he predicted the drouth this year. According to Climb-a-Tree, the drouth will be broken August 19tb, after which date we will have "heaps" of rain.

If the weather predictions of the old Indian are to come true, farmers should hurry their threshing this week, or the rain will spoil their grain.

However, as this i s the year when all signs and predictions concerning the weather have failed, and the weather prophets have come to grief, one after another, it is Bafe to say that Climb-a-Tree i s simply making a guess, and he may hit it and may not—probably not.

AT ENERGY Fargo, N. D., Aug. 16.—Congressman

Hanna has been notified that the post-office department has announced the establishment of an office at Energy and named R. C. <>!r.on, the druggist, as the- first stamp pounder.

Energy is the new town recently es­tablished on the banks of the Missouri south of Underwood. It is eight miles from Underwood and a new town is rapidly being built. It is planned to make it a center for power genera­tion. N.

The name is rather unique and de­cidedly fitting. The town should go some with that kind of a designation.

The first application for a postoffice was turned down on the ground that the country was well supplied with mail facilities, but when the facts re­garding the new town were presented by Congressman Hanna everything went through smoothly.

COAL PATENTS TO BE ISSUED

Washington, Aug. 16.—Settlers on lands in North and South Dakota which have been withdrawn by the president, because they are said to contain coal deposits, will be able to get limited patents in a short time. Assistant Secretary Pierce of the in­terior department said today that W. B. Newman, a clerk in he general land offices here, has been sent to the Lemmon land office to assist the lo­cal officers in getting out patents for lands on which proof has been offered.

Telegrams exchanged between the department and congressmen from the Dakotas indicate that the settlers will be allowed to take patents under the act passed in June of this year cov­ering only the surface of the land and leaving the coal for future disposi­tion.

It was said here that eevry effort will be made to see that the settlers receive their patents as expeditiously as possible and that there is no in­

dention to hamper the homesteaders I in any way.

By Associated l-rcss.

New York, Aug. 16.—Major Samuel Reber, in command of the United

.States signal corps of the department 'of the east, will be a passenger with Glenn H. Curtiss during the aeroplane flights which the latter will make during the aviation meet to be held at the Sheepshead Bay race track on Friday, Saturday and Sunday next. Major Reber said today that he hopes to gain experience in the value of the aeroplane in scouting and field obser­vation.

In other flights a sharpshooter will be carried, to try his marksmanship while in motion. Curtiss has received many requests from women to be tak­en up, and some of them he says he will grant. One of the features of the meet will be a half-mile dash, in which Curtiss, Willard, Mars, Eugene Ely and J. A. D. McCurdy will start from a set mark at the same instant. Heretofore aeroplanes have always been raced against time, and the com­petitive excitement of horse racing has been absent.

COMPANY WANTS PROTECTION STATE OFFICIALS DECLINE TO

ASSUME THE RESPON­

SIBILITY.

Governor Harmon Says He Has Not for One Moment Considered the Sjgv pension of Mayor Marshall Although Many Citizens Claim the Latter Has Not Handled Situation Properly.

CAN SHOW FIGHT PICTURES. East St. Louis, 111., Aug. 16—City

Judge Millard informed Mayor Cook and Chief of Police Purdy that there is no law prohibiting the showing of the JeffriesJohnson fight pictures. He said any interference on their part would be trespassing.

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Cowboys and Indians Plan Big Entertainment for Colonel Roosevelt Cheyenne, Wyo., Aug. 16.—Within a '"frontier days" celebration whics com- gest attraction of the gathering willj

week this typical western city will be mences August 24, but is preceded by °e the presence of former President J .. . ... „!_!*„..„ ,„,,„, „ „ . . „ ' « „ o„f„m«Kti„ .»,,.„• „# „ „„„i „„„« Theodore Roosevelt, who will deliver, thronged with visitors from every an automobile meet of several says. h i g flrst s p e e c h I n t'he w e s t s l n c e h l 8 ! clime and nation to attend the moaster Besides the celebration itself, the big- return from Africa.

• • < • • • • • • • •> • *

ARRESTED BY DAIRY COMMISSIONER

Forman, N. D., Aug. ^.Der­rick Larson, who operates a cream station at Brampton, was arrested today on a com­plaint sworn to by Assistant Dairy Commissioner E. H. Pierce. His station was being operated under very unsanitary conditions. Larson I as taken before Justice Kurth, where he was given a fine and ordered to clean up his place thoroughly. The dairy commission of the state is determined to wage a relentless war against unsani­tary cream stations.

< • < . * * « * « * * • • •

By Associated Press.

Columbus, O., Aug. 16.—Before 8 o'clock all police guards had been withdrawn from cars. Mayor Mar­shall stood by his declaration made at noon today not to be responsible for operations during the night, although shortly after the announcement of his intention was made known be was summoned to a conference in the state house by Adjutant General Weybrecht.

The mayor put it up to the state troops to guard the cars tonight if the company persisted in operating them.

General Manager Stewart refused to accede to Mayor Marshall's request that the cars be withdrawn. In a let­ter to the mayor he said:

"We demand protection from you." The state officials declined to as­

sume the responsibility which the mayor sought to shift. After confer­ring with Mayor Marshall, it was an­nounced that the state would continue to. handle troops as planned, not to permit them to patrol streets or to ride on cars, but to hold them in readiness to respond to calls for aid.

Replying to a much discussed report that he was about to suspend Mayor Marshall, Governor Harmon tonight declared he was not even considering the action. Considerable pressure nas been brought to bear upon the gover­nor to remove the mayor because of a belief that he has shown favoritism to­ward union sympathizers. The gover­nor tomorrow will ask the state emer­gency board to appropriate $100,000 for the expense of maintaining troops here. Three weeks ago the board ap­propriated $60,000 for the purpose.

LEE O'NEIL BROWNE TRIAL IS TRAVESTY ON JUSTICE

CHARGES AND COUNTERCHARGES BY DEFENSE AND PROSECUTION

THAT VENIREMEN WERE OFF ERED BRIBES—PANEL OF SEVEN­

TY-FIVE WHO HAD BEEN SUBPOENAED WAS DISMISSED IN A

BODY—INTIMATED THAT THE RE MAY BE A THIRD PARTY IN

THE CASE.

THROWS BALL 187 FEET. Iowa City, la., Aug. 16.—Ada Pain-

tin, aged 15, threw a league baseball 187 feet at a baseball game here Sun­day in striving to break the record, alleged to be a world mark, set by Myrtle McCarroU of. Oak Park, 111., in July, when 180 feet were covered.

By Associated Press.

Chicago, Aug. 16.—Declaring all of them had been "approached" in con­nection with the retrial of Lee O'Nell Browne, Judge Kersten today dis­missed a panel of seventy-five venir-men who had been subpoenaed.

In the work of selecting a jury, Jurge Kersten pronounced the situa­tion deplorable." The verinemen were immediately taken to the office of States Attorney Wayman, where Judge Kersten asked each man by name if he had been called upon by any one in connection with his possible serv­ices as a juror. Nearly all answered in the affirmative. Mr. Wyman made the assertion in court that he could prove by a detective employed by the defense that the latter had systemat­ically sought out every prospective veniremen either by direct approach or through members of their respective families or households.

P. H. O'Donnell of the counsel for Browne asserted that the veniremen

I had been "seen" by agents of a third i interest—neither defense nor prosecu-j tion—interested for political reasons in the downfall of Browne.

The first stir in this development of the case occurred during the fore­noon, when Emil Wennerberg,a venire­man, stated that he had been called into the office of one Dr. Kelly. While Wennerberg did not go into details In court his intimations caused Judge Kersten to order the production of the physician in court

The situation reached a crisis later

when Swan Dahlberg, another mem­ber of the panel, stated that he had been "seen" by some agent, whose real purpose he did not know. When he told his story Judge Kersten leaned over his deck and said solemnly, "The court wants to know if this is going to be a fair trial or a travesty upon justice. The situation has reach­ed a point where an investigation i s necessary. I don't want to blame either the state or the defense, but some one is doing crooked work, and I am loath to go on with the case."

At this point Attorney O'Donnell made bis accusaton against some third party, at which Mr. Wayman jumped !P h is feet .

"1 can prove that the defense has been systematically calling on all ve­niremen," he said. "Man after man has been excused from service on this jury and has been taken to my office, where they told me they haa been approached, directly or through mem­bers of their various households."

Attorney Erbstein of the defense told reporters that the defense ha* nothing to fear, and that they would show that the agents seeing venire­men were working for the prosecu­tion.

One venirman, whose name was not disclosed, created a further sensation when the panel had been taken to the states attorney's office. There was a hurry call for a stenographer. A mem­ber of Mr. Wayman's staff said the veniremen had been asked by an agent to "stick it out for Browne till bell freeses over."

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