Page 1 of Jan 30 1922 Issue of Mitchell Evening Republican in Mitchell, South Dakota

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Mitchell Evening Republican (Newspaper) - January 30, 1922, Mitchell, South Dakota The evening Republican City edition vol. , South Dakota monday january 30, 1922 number 103 Appeal taken in Keiffer Case by Wood Smith supreme court will be asked to decide legality of search and seizure r if we can Only get the washing Home now spa play Sake Pont l=7 things it a raids Are continued Stilt and liquor count in Bottom of w he at Yankton by state Deth to following a ruling by judge Frank p Smith of Mitchell two weeks ago that Deputy state sheriff Wood Smith should return a still and a Quantity of liquor taken As evidence in a Case Aga not toe Keifer of White Lake a re ice of the Appeal of the order was issued today by Lauritz Miller counsel for Smith. It will now be taken to the supreme court. The ruling by judge Smith provi 1-Eri that the St la and liquor should he returned to or. Kiefer and should he suppressed As evidence in the a a. It was judge Smiths Contention that the warrant under which the exarch for the liquor was made did not have a proper basis As it was issued Only on a information and he i Lief and not on absolute fact and knowledge. Will make tet once it was considered by prohibition forces that judge Smiths decision was far reaching As it would affect All further searches for liquor and a he anti Saloon league is hacking the motion for the Appeal to the supreme court. The Appeal is being brought in the Rames of Wood Smith Deputy state sheriff. Who made the search j. F Donegan sheriff of Aurora county and v. K. Barrett states attorney for Aurora county. Under the Law the notice of Appeal would have to he filed by tomorrow so the attorneys issued it today. They also As required by Law. Filed a Bond to secure the costs in the Case. A evidence will be held the evidence will not he returned. As ordered until tile Appeal has been acted upon. Federal authorities have taken up the Case against Kiefer and if the Case is pushed by them it May not he returned Al All. Liquor arrests in the state continue steadily. Adam Hornberger of yank on is in jail under $500 Bond As a result of the finding by the authorities of a unique hiding place for a still and Moonshine lie nor. Or. Hornberger had shelves built near the Bottom of a 20-foot Well. On these shelves were eight quarts and two jugs of liquor with fish lines attached to bring them up easily. When Wood Smith was bringing them up he j became mixed up with another fish line and brought up a still which was j stored at the Bottom of the Well. D try Waif. Of Yankton saw a re prohibition officers coining and broke a. Half dozen bottles of liquor j on the Cement sides of a cesspool death list in capital movie disaster 108 roof of Knickerbocker theater collapses burying hundreds in debris Rescue work is slow three in vesting actions i n Der Way to eix i Neon Siri Litt Fok catastrophe Washington. D. I�?T., Tail. 30�? with Tho March for dead under the wreckage of die in Icker Hokey theatre Subj it ended today in tile belief that Jill bodies Tiad no recovered probability that the dentil toll of i of would be further augmented centers around a dozen in More him it is reported Iii Eritrea a condition at various hospitals. Assurance that an it Ila list Ive investigation will by made of the disaster. Not Only with a View to living the blame hut also of determining whether other Public buildings la Washington Are unsafe was Given today by leaders Iii c of Jfoss As Well As Oftie als Ltd i the District of Columbia. An inquiry already has been undertaken by the commissioners of the District of Columbia. Hogs higher now than for Many months today a quotations reach $8.-25 Ani indications Are Fok even better bids. Back of his House while his Wile broke others in the sink in the House the officers caught him at it. And j ii explained. A Well i was t taking j any Phil Seibl a russian who came to j Winner Only four months ago was 1 also arrested when it was found he was doing wholesale liquor bust Ness. A big still too Gallons of Mash j nod 15 Gallons of Moonshine were confiscated. Seibles brother acted As interpreter for the officers and Zeihl was arrested and hound Over to circuit court under $500 Bonds. Seb Homolka who declared the water at Lake Andes does t i agree with him. Was found to have 12 1-2 Gallons of potato liquor at his Home. Homolka is a Kike Andes merchant hog prices in Mitchell today reached $8.25 a Hundred for Choice Light Stock the highest Price which has been reached for a number of months. Only a week ago the Range of hog prices in the City was $6.50 to $7.95 a Hundred pounds while a month ago the Price was $5.25 to $7.55. Six cents a Pound was practically the lowest prices reached at Mitchell for the Best hogs. This was about six weeks ago. The Price now does not quite reach the figure of a year ago. When the quotations ranged from $8.65 to $9.-40 a Hundred but it is believed the Price May be going higher. Shipment arc heavy. Korge of hogs have been sold in Mitchell during recent weeks and it is expected that heavy shipments will continue until april. Two train loads of hogs Are being and says lie has been ill for some shipped each week from Mitchell to a me. Ile also was bound Over under Seattle. There Are from 25 to 30 Dou-500 Bonds hut will he called into Hie deck cars in each train with 120 court soon for a hearing. Hogs in each car. So that the total William Mcklim or. Of Wagner a shipments to Seattle Are More than was found to have too Gallons of i 6,000 hogs every week. Ash a 30 gallon still and several marts of Moonshine. A Root Ceiler. Lith one room partitioned off with Corm windows was used As the Dis a Wilery. An Oil stove placed in the a a a liar furnished heat and work was progressing Well by the officers. I Rind Over under $500 Bonds. Most go to West Toast. In addition to the coast shipments. Which Are made each monday and thursday there Are from to to 12 carloads of hogs shipped each Day from Mitchell to Kansas pity and when interrupted j Sioux pity. These cars Are single deck. Mcclina was also a with about so head in each car so that the daily shipments amount to 800 to 1.000 hogs. So Long As the present shipments continue there will be from ten to twelve thousand hogs shipped out of Mitchell each week. Mary a divorce is tried Over in \ mix attorney general that Depree from Moore be dissolved. By a a Katimi press i cased Wirt arson City. Nev., Jan. 30.�?oral s rents in a motion by attorney Complete Sull is found in basement of Indiana Church by associated press i ceased win Louisville by. Jan. 30.�?a still it Nej Al Leonard in Fowler to have and a a a scandal were unearthed Sun divorce decree of Mary Bickford j Day in Utica Lark county Indiana it Wen e. Moore dissolved Asil Tea were made Here today before the Ole supreme court by Fowler and miss Bickford attorney. Gavin a a Nab of san Francisco. Briefs had a n submitted by both sides and a <3 on by the court is the next and shia step it in the Case. Fowler attacked the divorce which a granted by judge Frank p. A an a an in the District court at Minden March 2. 1920 a in the interest of the i of Over the find a the of Nevada a on the ground that Moore and miss Pickford were guilty of fraud and collusion Anc that judge cancan had no jurisdiction since the parties were Bona fide residents of los Angeles. He declared the courts a Many states had held the state to a third party in divorce cases. Mcnab replied that the attorney go Mal a Ouid not have appeared in Tho divorce trial on the Side of either plaintiff or defendant nor As an Independent in in Evenor and that the District courts judgment was irrevocably final since neither party to the Case had Ever appealed / 0 when Edmore James went to the Utica Baptist Church to Start a fire. He was going to get the Church warm for his Grandfather s funeral. While searching the basement for kindling he found a Complete Moonshine manufacturing Plant. The equipment was turned Over to the sheriff. There was no evidence of any Moonshine activities under the Church but nevertheless the Little town is greatly disturb weather report weather South Dakota fair and colder tonight tuesday increasing cloudiness possibly followed by Snow in Southwest portion. Local temperature by the official government thermometer from noon yesterday to noon today maximum 3 5. Minimum 6. At noon to. No crime to give worthless Check in payment for liquor i Detroit mich., Jan. 28.�?tendering a worthless Check in payment for liquor is not a violation of the Law. Judge Harry b Keidan told a jury in municipal court in instructing the jurors in the Case of Willard a. Smith of Kalamazoo charged with giving j George Brown a Check for ig40 As a payment for eight cases of liquor. In As much As there Are no property rights in liquor the court held its Sale cannot constitute a Legal transaction and the Exchange of worthless paper for it is not a crime. Smith was acquitted. Russ to seek j loan at Genoa so Kalliroy dec Lares Mostow must Haye Money la Europe is to by Norm Al Lem be will attend papal election by saturday is belief in Rome by associated pre leased wire Washington. D. C., Jan. 30�?with j a total of 108 dead and 133 injured removed from the ruins of the Knickerbocker motion picture theatre at i an Early hour today the rescuers i Are still struggling with the heavy i wreckage left when the Snow Laden roof of the Structure collapsed during the showing of a comedy feature Hill saturday night. Brigadier general Bandholz. Commandant of Federal troops in the District in personal charge of the Rescue work said it might be Twenty four hours before it could be definitely said there were no More dead or injured it the wreckage of twisted steel and Concrete which yesterday remained to be cleared. Re Maui work is slow it was believed however that the j i Section now being explored would i yield few additions to the awful list of dead and injured inasmuch As it is near the rear and under the part of the Balcony which held up when continued on Page three -0 i Smilon. Eng., fan 30�?nikolai Leonine russian soviet Premier lugs Tel com plied the italian foreign office that he will attend tin Genoa economic conference says a Central news <1 from Rome today. Next Pope will be an italian English dignitaries hem even it 4 Apel Keady Rome it ally Jan. 30�?the 26tst pontiff of the roman Catholic Church will be circled by saturday next according to the consensus of opinion As expressed by the prelates arriving Here with the cardinals attached to the conclave. They expect that the decision will be reached on the third or fourth ballot. The conclave opens thursday Nad from present indications the work of electing a new Pope will be carried on expeditiously. American and English Church dignitaries consider it a certainty that the Choice will fall to an italian. A there is no need to indulge in vain conjectures or to count the votes in Advance said Cardinal Mercier primate of Belgium hut one must await the decrees of the Providence and Providence for the past five centuries has ruled that the supreme pontiff should be an agree on forts in Pacific Washington d. C., Jan. 30�?an i agreement has been reached it is understood by tile naval committee of fifteen of the Washington Confer i ence concerning the fortifications in the Pacific islands the Kurile islands and the Aleutian islands will maintain their present statues under the agreement it was said late today. Gamblers break up athletics in congressman gives remarkable account of theater disaster by a a Ciau a pres i s wire Washington. D. Jan. 30.�? n Avalanche of broken a la to a. Bricks Snow splintered wooden Ami twisted Stiel beams catapulting u in it a the a audience while the orchestra placed Aud a comedy film ground out is the description of the Knickerbocker theater disaster Given by representative John la. Smit Hock of Pensa Ola. Ila. I was a i tin beater Balcony when the Rind mid escaped Una led a just How he cannot recall with Mon or in serious hurts. I he orchestra a. Playing beaut it til music and a comedy film was running. My or. Southwick. Lying i Iii and. Bandaged Anil with his Fao and hands covered with cuts. A suddenly there was a Sharp crack. I looked up Anil saw a great fissure running across the Selling. I he plaster began to fall. A while i was looking up. A great piece right Over my head dropped. I ducked Down in 1 is in ii flit seats. The piece struck tilt sent right where i had been silting. Flu Force was broken by the seat. But it pinned me Down. A the noise oms awful. It was a tremendous Roar. It Wax simply indescribable. I never can forget it. I a Iii flu midst of tin roaring were shrieks and cries of women Anil children and a few shouts of men. Then Wen Eric a for help groans and worst of Alk the moans of those in terrible pain it a awful i can to describe it. I Sis it All the thin a those poor children and men and women crying and moaning there. A there were Only a cow of us in the Balcony. The Balcony gave Way and crashed on those on the lower floor. They were caught in flu Wurst. A there was a lapse of May in 20 seconds pm fort the Balcony fell. Tunny hut it spun around kind of twisted As its Kup mgt its gait Way and it swung Down on those below. It did t go straight Down lint Slid sideways and slanting. A i done to know How i got out from where i was crouching under the chunk of plaster that had fallen on me. Anyway. I Craw fist out Liet Weon the seats to where i saw a Small Hole in the Pla Sfer above. I forced my Way up through that Hole wiggling and shoving. Then i crawled out Over the Snow and plaster Over the tangles debris to the Striet. A a it a queer but i was conscious All the time when i was pineal Down. My mind was just As Clear and collected As it is now. I knew i was Hurt some. But i did t know How badly. Ii seemed that my time Hail Conn. I lived a year i a Cli you. Pinned Down Between the seat. A it Wasny to tint ii i got outside that i noticed blood falling from my face and hands. On the Way i saw a Young fellow lying half curled up and moaning and crying for help. I leaned Oer to lift him Anil then everything went Black. The next i remember i was at the door. Wiping the blood from my eyes and Mouth. A my Only thought was to get Home before i should die. My Chest Palm d me. My Hack so Emtil broken my face was dripping with blood. All i wanted to do was to get Home and Tell my wife Ami Little girl what had tiap la ened. I thought i was going to Barr shows but Little emotion Over acquittal defendant receives Freedom stoically but is affected by others tears jury out Short time boys m it. Overcome with Joy. Embr you s Deien d a \ is Vito in a in eos it two weeks i on trial Vav us it on Barr sat Dis Arne Rivails May not arrive on Board the steamship la Lorraine. Jan. 30�?stormy weather is being encountered and it is expected the voyage to Havre will last More i than nine Days thus making it in a probable that Cardinal Dougherty of i Philadelphia and Cardinal begin of a a. A a i Quebec. Who Are on their Way to going to Genoa to discuss facts and. ,. A . A Rome for the conclave will reach their destination before the election 2 universities Townley freed wanted again thanksgiving a a Lark at Carlinville. Ill. Proves costly Tor Grid stars by associated press leased wire Moscow Russia Jan. 28�?-Russia not principles a declared m. Sokolnikov. Acting commissary for finance in an interview today with the foreign newspaper correspondents. Sokolnikov is the Man who in 1917 was allotted the task of nationalizing the private and other Hanks of Russia. A if Russia is not Given a reconstruction loan we cannot pay her debts a he declared. A the problem of stabilizing russians paper rubles is similar to that of All Europe and it is Only possible work of reconstruction. Under favourable conditions Russia May in three to five years reduce the amount of her paper and return to coinage. A it is not True that Russia s Gold Reserve is now Only $30,000,000. It is upwards of 200.000,000 Gold rubles about $ 100.000,000 it. Russia is anxious to reduce her expenses such As maintaining her army which is costing annually the equivalent of 500., Gold rubles. A at Genoa we shall ask that War Cees of this is settled then russian concessions to foreign capital will be Safe. If not then the world situation will be Uncertain for capitalises to invest in famous Polar explorer dead death of sir Ernest Shackleton took Plack on Board has ship 3 weeks ago by associated press leased wire South Bend. Ind., Jan. 30.�?eight notre Dame University athletes today voluntarily admitted to father William Carey chairman of the athletic nonpartisan Leali i head will appear in i Argo feb. Hon forgery charge by associated prom i am a wire Jackson. Mir.n., Jan. 3 a a. For a new Pope is completed. Heaviest Snow of season covers City Mitchell and the surrounding coun try is covered with a Blanket of Snow 1 ,h today following a heavy storm which lasted All Day sunday and late into the night. The precipitation which measured about five inches is the heaviest of the season and in some places the Snow has drifted As High As four and five feet. Street traffic was somewhat congested. The temperature did not fall to Zero during the last Twenty four hours however As predicted. At noon yesterday the government thermometer registered 3 5 degrees above. During the night it dropped 29 degrees. The lowest temperature in the last Twenty four hours being 6 degrees above Zero. At noon today it had risen to to above. Facker cases Are advanced by Taft Washington l. Jan. 30.�?chief ustice Taft announced today that the uses from Chicago brought to test be constitutionality of the packers arid stockyards act of 1921, would he advanced for argument of March 20. I hugs find key owners through Republican want ads. Saturday free with two other issues by associated press leased wire Buenos Aires. Jan. 30�?More than three weeks elapsed Between the death of sir Ernest Shackleton. The British explorer and its announcement to the world made yesterday when the body arrived at Montevideo. The delay. La Nacion s Montevideo correspondent telegraphs was i ascribed by a a Apuin l. Hussey who i accompanied the body As due to a series of wireless mishaps. Air Ernest died aboard the steam a ship guest on which he was making another Antarctic voyage which an a chord off South Georgia Island on january 5. Yes we get bouquets too we receive such encouragement As this from subscribers sending in renewals a in passing i wis to compliment you on publishing the very Best daily for Central South Board and Knut Rockne football Townley president of Tho National coach that they had played in the nonpartisan league was released Semi professional football game at from the Jackson county jail Here Taylorsville. Ii november 27, 1921. Today after serving a 90 Day sen with the Carlinville 111., team. They tence for violation of the state is were immediately disqualified from peonage act. Townley who Imine i further athletic Competition at notre lately left for St. Baul to visit his Dame. The eight men were Eddie an a wife who is ill there said that he Derson. All american end. Chester was eager to return to the Farmers Wynne. Orin Oque Kansas All Western conference fullback selection of Sev a d was announced that Townley eral football writers and Star hurdler j who is under indictment for comply i Roger Riley Chicago varsity end to in the forgery Case of j. A a Hast Lawrence Shaw. Stewart Iowa Var Ings. Missing cashier of the standi sity tackle and Western Champion Navian american Bank of Fargo. N. Shot Putter Harry Mara Huntington a. Will be released on his own recon Indiana sub Center in football and Nize Ance to appear in court in far regular baseball player. Robert rhe go on feb. To to answer to the Lan. Fort Madison. Iowa sub varsity charge. Fullback. Earl Walsh. Adrian Iowa o sub varsity Back. Dick Seifert Carlinville. 111., sub end. Received no Money. The athletes declared they had received no Money for taking part in the game in which it is said nearly $100,000 was bet by citizens of the two towns and which recently resulted in disqualification of nine University of Illinois stars for playing on the Taylorville eleven. They declared they had agreed to play merely a a Lark at the thanksgiving holidays. The confession and disqualifications were said by coach Rockne to have a just about wrecked the notre Dame Basket Ball and track teams this year and to have a torn up the prospects for next years football a we Are nov downcast however said or. Rockne. A we will Start right in to build up new teams and if we can to turn out a winning eleven Rex year Well take our Licking As Good sportsmen after Man who made plot. Father Carey told the associated press today that the University had been conducting a thorough investigation since the first rumours. He said men had been sent to Taylorsville. Carlinville and Urbana Jil but they had not yet returned. A there in one phase of the matter that we will Start to investigate immediately. Hat is. Who arranged with these men t it play who tempted them into professionalism and How it was done if we find the Arranger of this Deal is a notre Dame Man we will Deal with him drastically. Evacuation of Ireland hurried Large numbers of troops however simply Cross Border into Ulster after the Strain of Nea during which he has i for the murder of Ceorl of Wessington Springs. Dale heard the verdict of not guilt Iii Day evening with hardly an play of emotion. James Barr the 73-year-old father of the Young Man. Broke Down and wept when the Foreman of the jury read the Brief verdict and mrs. Jennie Williams aunt of Young Barr. Rushed up and kissed Al g. Giddings. One of the attorneys in charge of the defense Barr finally ius was when the relatives of the to j and court employees crowded up to congratulate Young Barr he smiled and appeared pleased but later emotion overcame him too. And he too started to cry. Barr and his father and Joe arid will Gilfillan uncles of the boy together with his aunt mrs. Williams who were waiting at the rooms of Young Barr and his father at 5at East fifth Avenue hurried Back to the court room when if was reported the jury had reached a verdict. When the jury was brought in. The court re assembled with judge Smith in his place at the Bench Tho jury in their regular seats and attorneys Spangler and Giddings for the defense and states attorney Alden Cutler of Wessington Springs in their places. The other attorneys for the preset ution did not appear. He Ornstrup reads \ or dict Howard Bjodstrup was the Foreman of the jury and he read Tho verdict. A we the jury find the defendant not guilty a ending the Long trial. Young Barr thanked the wiry in in for their action in acquitting him and one after another the members of the jury cautioned him to say away from guns in the future and to see that he did not become involved in any similar Case again. It is reported that Only my ballot was taken by the jurors before they ame to their decision. The it went out at 4 45 p. In., of the conclusion of Tho closing argument of Tho i state by a. A Gardner of Huron. They remained in the jury room for an hour and a half until 6 15 p. I rn., when they were taken to the elks dub for dinner. I in cd lately i upon their return the verdict was reached. J to lice men on jury members of the jury who a j Barr in addition to Howait j trop Tho Foreman includes Shelby Charles strand. Henry Schoenfelder. A Al. Joseph Spielman j. Christ deters. William Ham j. Welland and j Wessington Springs people a dissatisfied with the verdict it a. Learned in word from there today As there was Strong feeding against Young Barr in that Community. Now face damage suit Vav it ii the it lose of the murder trial however Young Bari and his father. James Barr have a $10,000 damage suit to face the suit is being started by the family of George Clifton and is expected to be brought up in circuit court next Spring. Papers in the Case have not been filed however. The Barr ens attracted attention throughout the state As one of the hardest fought in a1 Battles which has occurred in South Dakota for years. The defendant s father James Barr possible defense for him and Jerauld county was lavish in its expenditures spared no Money in securing the Best taking of testimony in the Rase started Friday january 2<h and lasted until last thursday afternoon. Preceding the taking of testimony two Days and a half were consume in selecting a jury and the statements of the attorneys for the two sides a re read. Coach Side was allowed five hours for arguments to the jury after the close of the testimony. And an entire half Flay was consumed in Reading of the judge s instructions to the jury and in hearing the objections to various parts of the instructions. As presented by both sides of the Case. A total of 42 witnesses were called in the Case. 2 2 for the state and 20 for the defense. Many of the witnesses were from Wessington Springs the scene of the killing and several were from Mitchell. Expert testimony As to the defendant s mental condition was Given Gay or. Arthur Sweeney of St. Paul or. F. B. Willhite of Yankton and or. J. Thrall of Sioux Alfr Quot erg inns hash c. Of miffed d by ods j. By. J strand Mel it Oug. Smith a on Wil d Falls. Contract with Unson engravers worthless St. Paul judge says Dublin. Ireland. Jan. So British evacuation of Ireland is proceeding More speedily than was anticipated. Each Day sees Large numbers of troops leave Dublin and other ports. Departure of the Dublin Garrison is due to begin til is week and the newspapers suggested their quarters May be employed to relieve the Boas shortage. Throughout Ireland similar buildings Are falling under it onto of the new Irish government. Although the evacuation Iff British troops is to be Complete. It is Only from Southern Ireland. For the purpose of the treaty in Tine reaped. Northern Ireland counts As though it were England and accordingly larg bodies of troops Are fulfilling the Promise to evacuate simply by marching across the Border into Ulster. The announcement by Premier sir James Craig in Belfast that the British government has promised him it would leave twelve battalions in Northern Ireland is regarded suspiciously in sinn fein quarters. Of St. Paul. Minn., Jan. Tract existing prior to 2 8.�?the Deceron be a engr my 1921 Between nine i firms of the twin Hie and to Union in Pio Yee. Is not Eft re because it a lacks mutuality Ludg b. Lewis Bas ruled 111 i Amsey county District court. The employees brought suit to enjoin the employers from violating the col tract which was to run from january i 1921, to december 3�?T 1 922. The employers served Noli e that Tho contract would be disregarded after december 31. 1921. And that the firms would operate on a 20 per rent reduced wage scale with a minimum of $35 a week. Garment workers strike by Assn cited pre i a it to wire new York. N. A. Jan. 30�?six thousand women and girls employed in shops in the lower fifth Avenue District were ordered on strike today by the ladies Waist and dressmakers Union As a protest Aga ins a pro

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