The Superior times. [volume] (Superior, Wis.) 1870-1912, 1888-01-21
GROTTKAIJ SENTENCED.
The PIatant anarchist to Serve His Tern
in Jail.

in Jail.
MADISON, Wis, Jan. l0.-To-day, the
Wisconsin supreme count, through
Justice Cassoday, in the case OF faul
Grottkau, Milwaukee, appealed on
writ of error, affirmed the Judgment OF
the Milwaukee municipal court and dl-
raeted the execution of the sentence.
rFba several errors assigned in the eX-
reptions are all based upon the refusal
ot the trial court to set aside the verdict
and ant new trial. The grounds for
the request Of such new trial were the
generality OF the verdict and the mis-
conduct 0! the jury.
70 the exception taken that error
had been made in the court OF the
indictment on which the trial was made,
tile supreme court held that tie mere
inadverlence of the district attorney in
reading the last count of the indictment
instead OF tie first, III connection with
his statement to the jury, that Grottkau
was not To- be tried for riot and unlaw-
ful assembly only, since it was followed
lit a correction and direction of the
court tia. the trial would be on The first
count which WAS a count for riot and
unl fv iul assembly only, could and did
not nisleal anyone, and therefore is no
ground Tor reversal.
Asto the error alleged, that the fore
man gfthe Jury. Geo. G. Brigham, on
lla first day Of tile trial. and after he
lad been sworn as such iuryman, had
stated that "Grottkau was going 10 be
tgurd guilty anyhow" the supreme
gour. found that it was question of fact
on wlich the lower court lad justly
rnlpd and such ruling would not be dis
tarhei
Asto the alleged error Of misconduct
3 Two 81 the iurymenin the matter OF
drinks and treats, the supreme court
fHds th8t the charge that the jurymen
drank. .iJUor,at the expense Of counsel
s1r the STATE is not squarely met and de-
rlIcd that it is to be regretted that any
treating Of the jurymcn should have
been INDUCED in that if such jurymen
we're iii fact invited in the saloon and,
there treated as claimed by the
accused. tucn, they rs Well as the others
impiicsteI might and should have been
eeusgred and punished bv the court
That on tine other hand, the iurymen
Heut into tire saloon first and OF their
sWn notion, anu the meeting thus was
surely incidental, then the treating un-
der tuc circumstances admitted was not
IS aad but nevertheless an impropriety
Nl.gu should have met with a prompt
refusal, il not rebuke from the iurymen
,Iap court holds, from the evidence,
taat Notwithstanding such improprietv,
il does not necessarily follow that tie
verdict should have been set aside
However, wherever the guilt as to the
matter IF treating lies, since such treat
tHg took place three davs beo the
case was submitted to the jury, and since
Grottkau having knowledge of the same
remained silent on the matter for four
days after or in all seven days after he
WAS possessed of such knowledge, and
whatever might have been his mo-
eiye ior delay in alleging error, the
court holds that in such delay he waived
all night to secure setting aside OF the
verdIct-and reversal of Judgment.
BY the Judgment OF the supreme
court Grottkau will be forced to 90 to
jail for one year, according to the de-
cision of the trial court.