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TWELVE MASON CITY GLOBE-GAZETTE, MARCH 13 1936 ASKED TO KEEP PLEAS SEPARATE Attorney for Maley Places Motion Before State High Court. DES MOINES, UB--The state supreme court was asked Friday to keep its consideration of the appeals of Walter Maley, Joe Gagen and Ray Harrison separate from those of T. L. Taggart and nearly 30 other Woodbury county "graft" grand jury defendants. Lou Salinger, attorney for Maley, first assistant attorney general, and Harrison and Gagcn, filed the motion with the court. He recently asked that Harrison and Gagcn be permitted to adopt Maley's argument as their own. The defendants, indicted by the Woodbury grand jury in its investigation of charges of gambling conspiracy, graft and corruption, are asking a review of Judge Earl Peters' refusal to quash the indictments aga.inst them. Salinger asked today that the abstracts and arguments filed by George Gorder, Sioux City attorney for Taggart and some of the other defendants, be transferred to the cases to which they apply. He contended that intervention had not been granted and that the argument in behalf of Maley, Gagen and Harrison should not be required to take into consideration the abstracts filed by others. SUPERIOR MARKET 122 South Federal in A. and P. Store QUALITY MEATS AND FISH PURE LARD . . . . Ib.l3c CUBE STEAK . . . lb.l?c Longhom CHEESE . Ib.l9c . Ib.l2Â» 2 c Corn Fed DA ACT* BEEF KUA5T t DEL MONTE Sale! DEL MONTE HALVES or SLICED Peaches 3 K Â£i*45c DEL MONTE CRUSHED or SLICED Pineapple 3 SiJ DEL MONTE SLICED Pineapple . .' . . . . N Â« n ' DEL MONTE Coffee . . . . cat 25c I'm DEL MONTE Crosby Corn . . . . . *Â£Â£ DEL MONTE Peas . . . . . . . 2 N o 3 DEL 31QXTE Grapefruit 2 ^ 23c DEL MONTE TOMATO Juice . . . 2 IS: 15c DEL MONTE WHOLE GREEN Beans ... 2 *Â£J 29c 25c 49c IOc 27c BUTTER-NUT COUPONS REDEEMED HERE Extra Special Butter-Nut COFFEE 1 IB. Â«*AJ. 2-lb. Can 29C Can Fresh Fruits and Vegetables Oranges 3Â£ . . 2 doz. 39c Carrots, bunch 5c Radishes, 3 bunches IOc WINESAP ' Apples, 4 Ibs 25c Celery, Ige. bunch . lOc .32c BUTTER VIGOROUS AND WINEY BOKAR COFFEE . . 2 FINEST I*fTÂ£ 8 T GVffAR 'Â°- |b - iifili 9UlyAll . 9 Cloth Bag! SULTANA PEANUT BUTTER. 2 I; 23c FRESH COUNTRY EGGS . . . . . dozen 17c RAJAH SALAD f* Â· 3 jj, g. _ Dressing . . ?// 27c Crisco ' Â· Â· Ca Â° 55c BAJAH SANDWICH WALDORF Spread . . Â£ 19c 'issue .. 6 rolls 25c GORTON'S . .SCOT Codfish . . Vn 13c Tissue . . 4 rolls 29c Coming-.' March 15! ... Mammoth radio show ... 133 artists. Presented by A P Food Stores ... WCCO, 7 P. M. Food Stores BiEIER Formerly A. P. Market QUALITY MARKET 201 North Federal Ave. DECKER'S CERRO SLICED BACON, '2-lb. pkg... 13'zc Decker's Pork CUTLETS Â· Â· Sliced Pork LIVER ... 12c BREESE EXPLAINS POSITION IN CASE Mrs. Brewer Gave Approval to Disputed Paragraph 6, He Testifies. Defense for Garfield E. Breese, Mason City attorney who Mrs. Helen M. Brewer is seeking to have disbarred, was well under way here Friday. Pour witnesses, the defendant, his business partner, Attorney Charlea E. Cornwell; Mrs. Grace Bush, Clear Lake, secretary employed by the partnership, and Willis G. C. Bagley, president of the First National bank, had testified when corut was adjourned for the noon recess. . Mr. Breese took the stand lat Thursday afternoon after Harr Garrett, assistant attorney genera who is appearing for the state closed his evidence. Came to Office. Mr. Breese's testimony, support ed by office records and shorthan; notes entered in evidence, disclosei that his first contact with eithe Mrs. Brewer or her husband, Don was on June 1,1933, when Don cam to his office to consult him concern ing the sale of a contract Then, on June 22, 1933, both Mr and Mrs. Brewer came into his of fice to see him, Mr. Breese contin ued, concerning the five year lease under which she rented a garag building from A. W. Harroun. After some discussion as to fee for his services, Mr. Breese Â·said tha he agreed to represent her in th matter. Several months later, the defen dant testified, on Dec. 27, 1933, h dictated an answer to a. rent claim which had been filed by Mr. Har roun for the five months from Feb 1 to July 1 during which the Brewe Tire and Battery company had oc cupied the Harroun building bu paid no rent. Admitted Owing Kent. On Dec. 28, Mrs. Brewer was in his office to read the answer ani verify it, Mr. Breese continued, am at that time he called her attention to paragraph No. 6 in the answer in which it was admitted that she owe rent at ?350 a month for the fivi months just previous to July 1 1933. Mr. Breese continued, stating tha ! he had explained to Mrs. Brewer that, in view of the fact that she had recently called Judge T. A' Beardmore several insulting names after he had ruled against her in the Firestone case, and also in consideration of the fact that in bringing independent suit against Mr. Harroun in order to recover damages from him on the grounds that he had failed to keep an elevator in the building in a suitable state of repair, it-would be best for her to avoid any questionable or unsound pleadings, because she would eventually have to pay the rent for those five months no matter what happened. Allowed to Stand. She took a copy of this answer home with her in order to study it, according to Mr. Breese, and returned with it with her husband and their small daughter on the morning of Dec. 28. At that time, Mr. Breese testified, Mrs. Brewer stated she didn't like paragraph No. 6 in the answer very well, but that she supposed it was the best thing,- and allowed it to stand as originally written. The first 15 paragraphs were left unchanged, but, due to some errors in the facts in some subsequent paragraphs, Mr. Breese, in Mrs. Brewer's presence and in accordance with her directions, dictated some changes, he asserted. Mrs. Bush, his secretary, took this dictation and made the alterations, it was revealed in her testimony. Mr. Brewer's testimony had maintained that neither Mr. Brewer nor his wife were in the attorney's office on Dec. 28, stating that they were in Webster City for New Year's day. Sent Letter. Then, a few days later, a letter to Mrs. Brewer informing her that judgment had been entered against her in favor of Mr. Harroun, was dictated by Mr. Breese and mailed to Mrs. Brewer, Mr. Breese's testimony and office records revealed. Continuing his testimony, Mr. Breese said that he neither saw nor heard from Mrs. Brewer or her husband from the time that he dictated that letter until about 10 o'clock the night of Feb. 9, 1934, when she called him by telephone at his home and said, "You're a fine lawyer, just like all the rest. If you don't have those files in Fred Ontjes' office by noon tomorrow I'll get them myself." He made no reply to this, Mr. Breese said, and replaced the receiver on the hook. Iowa WPA Allowed to Spend $153,400 on Flood Prevention WASHINGTON, UP)--The Iowa Works Progress administration waa Friday authorized by Harry L. Hopkins to spend $153,100 for flood prevention. The WPA administrator's action followed his blanket Invitation to state WPA administrators to submit projects for combatting floods resulting from spring thaws. Officials explained this did not represent new money, but that funds must come from each state's existing allotment. Infant Son of Mr., Mrs. Daniel Lyburger Dies Joseph Andrew Lyburger. infant son of Mr. and Mrs. Daniel Lyburger, 944 Ninth street southeast, died at 11:45 o'clock Thursday evening at the home of his parents. The child was born Dec. 1, 1935 in Mason City and was the only child. Funeral services will be held at 2 o'clock Saturday afternoon at the Patterson funeral home. The Rev. Wiliam Galbreth, pastor of the Olivet M. E. church, in charge. Burial will be at Elmwood cemetery. Get Prizes at Benefit. LAKE MILLS--Mrs. O. R. Gunderson and Mrs. C. A. Burdick entertained at a bridge party for the benefit of the American Legion auxiliary Tuesday evening. Bridge was played at eight tables. Miss Ora Brue received first prize for women and Alvin Saxerud received first for the men. NELLIE LONG, 66, DIES AT HOME Funeral Services to Be Held Monday Afternoon; Burial at Elmwood Cemetery. Nellie O. Long, 66, died at her home, 1422 North Federal avenue, at 12 o'clock Thursday night following an illness. She had resided in Mason City for the past 40 years. Miss Long was born March 11, 1870, in Ulinois, her parents being Mr. and Mrs. John W. Long. Her father was born in England, 1848, and her mother at Apple River, Wis. Miss Long is survived by her mother, Elizabeth, who has resided with her daughter in Mason City since the death of Mr. Long. Miss Long's mother has been an invalid for many years. Mrs. Eva Comstock, niece, and Evelyn Nelson, great grand niece, of Paul, Idaho, also survive. Funeral services will be held at the McAuley funeral home Monday afternoon with the Rev. C. E. Flynn, pastor of the First M. E. church, in charge of services. Burial will be at Elmwood cemetery. The body was taken to the McAuley funeral home. All we know about the groundhog is that if he doesn't sleep until after the third of November next he's a darned fool.--Manchester Herald. SEEK RETURN OF PROCESSING TAX 50 Iowa Farmers Band to - Lead Fight Against Packer Claims. DES MOINES. UP)--Fifty Iowa farmers, organized as the Farmers Processing Tax Recovery associa tion, will lead a fight to gain return of the tax to -farmers rather than to packers. The farmers formed the organization at a meeting here and said they would enlist all farmers including both those who signed AAA contracts and those who didn't. Pointing out that such organizations are being formed in other states. A, J. Johnson of Moorhead president of the Iowa Farmers union, read a telegram from Elmer A Benson, United States senator from Minnesota, which said: "Authorities in department of agriculture say positively packers die deduct processing tax from price of bogs and have admitted it repeated- Iv to farmers and at public hearings Triple A chief has research man collecting substantiating testimony. He says that without doubt non-contract farmers can force payment anc contract signers may also have case in court." The Iowa group was formed into a non-profit corporation with $2 dues. The meeting agreed that a suit probably would have to be carried to the United States supreme court to definitely settle the issue. D. W. Van Vleet, Greenfield, la., hog producer, was elected president. Peter Anderson Is Witness at Hearing Peter Anderson, secretary of the Northwestern States Portland Cement company, was again on the witness stand Friday, testifying .as ,o records of the corporation in response to queries by the attorneys or the plaintiff in the case of F. A. Ontjes and others against the estate if C. H. McNider. 'Stomach Trouble" Does respond to chiropractic -- when the ehiroprqc- tic principle is correctly applied. Drs. Alberts Alberts CHIROPRACTORS 316-17 Adams Bldg. ' Corner Federal and First N. W. WEEK-END SAVINGS AT FEDERAL Fruit and Vegetable Market Opposite Hotel Hanford 223 North Federal FREE DELIVERY -- PHONE 42 Fresh SPINACH, Ib.. 5c Large Head CAULIFLOWER Fresh, Lge. Bunch ASPARAGUS.... Fresh Green BEANS, 2 Ibs. ldaho u. s. No. 1 Bakers. .. Large Size, Sweet, Juicy ORANGES, dozen Large Seedless GRAPEFRUIT, Â«Â»_ 5 for 25C BANANAS, 5 Ibs 25c 10-lb. Cloth Bag SUGAR 4Sc Butter-Nut Coffee DRIP AND REGULAR GRIND Redeem Your Butter-Nut Coffee Coupons Here 29 JUST HITS THE SPOT! Folger's Coffeejb. 29 FREE SILVERWARE Packed with HASH'S Toasted COFFEE A Knife with 4 f-lb. jars, per (b. A Spoon attached to each 2-lb, jar/ A Fork attached te each 3-lb. jar, Hearing on Appeal of Price Continued to May Court Term DES MOINES, (/P)--The state supreme court Thursday ordered continuance until its May term of hearing on the appeal of Clarence Price of Pacific Junction from his first degree murder conviction and life imprisonment sentence. The lower court found Price guilty of charges of slaying his niece, Edith Kuhl, who, with he r sister, Helen, was beaten with a blunt instrument in a home where they lived at Pacific Junction March 20. 1935. The supreme court also deferred consideration of the appeal of George Murray from an habitual criminal conviction in the breaking and entering of a highway commission warehouse at Avoca May 7, 1934. ADMITS ENTERING LUMBER OFFICE Somers Confesses to Stealing Shotgun and $10 From Webster Company. Joe Somers, transient, arrested at Austin, Minn., Thursday on a charge of breaking and entering, admitted breaking into three lumber yards here recently, according to Chief Harold Wolfe of the jjolice department, who with Capt. Leo Risacher and Sheriff J. M. Robertson and Deputy John Wallace talked to Somers Thursday at Austin. Somers admitted breaking into HOW CAN YOU T U R N H A R D W A T E R I N T O R A I N W A T I R -- AND T H E N C L E A N E V E R Y T H I N G W A S H E D IN THIS WATER? with WYANDOTTE n r^ 1 LEANER I LEANSER the Webster lumber yard Nov. 15. 1935. and stealing a shotgun and 510 in cash; and also breaking into the same yard Dec. 2 and stealing a camera and table model radio and jacket. He also said he broke into the Chapin-ONell coal company and stole three bottles of beer and a thermostat. The Crystal Lake Ice and Fuel company was the last place broken into here, where he obtained a belt. All of the merchandise has been located and Somers is facing a term of from two to ten years at Stillwater, Minn., on a breaking and entering charge.' At The Garner Theater GARNER--The sea, man's last unconquered frontier. Is once more the background for the vital beauty of Jean Harlow. With Spencer Tracy as her leading man. she appears in Metro-Gold- Â·.vyn-Mayer's "Riffraff" opening a three day engagement at the Avery theater at Garner, Sunday. It is a story of the primitive emotions of men and women who go down to the sea in ships, wresting an existence from the constant struggle with the deep. Present for Funeral. DOUGHERTY--Mrs. Mary Condon of Minneapolis came Thursday to attend the funeral of her brother, William Carney. At Your Favorite Grocers 2 POUNDS FOR ONLY 15c to GENE and GLENN MILLIONS of new listeners are now laughing over the humorous doings of this favorite radio pair--on the air every morning at 8. as a presentation of the Kellogg Company. Their popularity has spread through the Corn Belt like a" prairie fire! Tune in the sides p l i t t i n g d a i l y comedy of ''Jake and Lena" and you'll Every week-day morning 8 to 8:30 OVER STATIONS WHO, KOIL, KFAB, KMBC and WOC findoutwhy! Don'tmissthem! And don't'miss the pleasure of eating Kellogg's crisp cereals--Kellogg's Corn Flakes, Rice Krispies, ALL-BRAN, PEP Bran Flakes, Wheat Krispies, WHOLE WHEAT Biscuit. Let Â·your'family enjoy them, oven- fresh, flavor-perfect. Made by K e l l o g g in Battle Creek. Nothing takes the place of CORN FLAKES Wieners pound 15c DECKER'S Sugar Cured Bacon. Ib. 20c YOUNG BABY BONELESS BIB BOLLED CORN FED ib. 18c Pot Roast . . . Ib. 12c Short Ribs . . . Ib. IOc Boil ib. 8c Ring Bologna pound 121/2C T-Bone Steaks. Ib. lÂ§c YOUNG TENDER Spore Ribs . . Ib. 15c Shoulder Roost . . Ib. 18c Chops, End Cuts . ib. 20c Side Meat . . . Ib. 18c PURE GROUND BEEF and SAUSAGE Ib.IOc 100% PURE BULK LARD' 12 E= OLEO-18 MILK FED TENDER Shoulder . . . . Ib. 8c Leg o' Mutton . Sb. lie Chops . . . 3 Ibs. 2Se Stew Ib. 6c Round Roost Breast . , Boil . . . Round Steak FED lb.15c Ib. IOc ib. Sc ib. 25c FRESH DRESSED For Stewing ff_ %fk M Â· a e Baking Â· Â· IPe 4UC SMOKED COUNTRY STYLE SAUSAGE, pound MINCED HAM, Chunk, pound . .