The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1898-07-14
THE JURY DISAGREE
NO VERDICT REACHED IN THE
O'DONNELL BICYCLE:CAS.
BoHMRIcH ARRAIGNs POLICE.
He Portrays the Rottenness of the Police
Department. In a Very Strong
Manner-Case Will Not
Come Up Again.

The first actual battle to test the
validity of the bicycle ordinance has
been fought, and while the opponents
of the ordinance have not won decis
i've victory, their triumph was a signal
one. The case was that of the city of
Kenosha against Thomas ~ODonnell,
the son of the coal dealer. Insignifi
cant in itself, the case had connected
with itself so many outside questions
that seldom in the history of Justice
courts in Kenosha has a case been so
bitterly contested. There was no
doubt of the boys guilt, nor did Mr..
Bohmrich, the attorney for the defense,
at any time deny the fact. The boy
admitted it and competent witnesses
who swore to the facts in the case were
not cross examined. The defense had
it's eye on defeating the city by seeking
TO test the validity of the ordinance,
and as by play to show up the awful
rottenness of the police force of the
city. The attorney for the defense, as
soon as the evidence was in, moved to
have the case dismissed on the grounds
that the city attorney had not proved
that the walk in question was public
sidewalk as alleged in the COM
plant. This technical point was
quickly overruled by the Judge and the
attorney at once began his attack upon
the validity of the ordinance on the
grounds that it was passed in an ir-
regular manner and not according to
the provisions of the ycityacharter or
the State laws pertaining to munich
palities. He introduced as evidence
the minutes of the city council at the
time the ordinance was passed and
showed that the ordinance was twice
amended by the council after its first
reading and was passed 3Iwlthout any
legal reading. The city attorney at
once saw that such a construction OF
the State law in regard to the city or
dinances would invalidate nearly every
ordinance passed in the past few years
and appealed to the Justice with
points of law in support of the action OF
the council and the Judge again de-
cided against the defense.
After another futile appeal for dis
missal of the case the attorney intro
duced a number of witnesses whose
testimony only strengthened the case
made by the city attorney. The evil
dence was all in and the argument be-
gun Every seat in the room was filled
and large crowd stood in the outside
halls anxious to hear the speeches,
which had been predicted to be we'll
worth hearing.
After Attorney Fisher opened the
case Mr.. Bohmrich addressed the jury
with the most terrible arraignment of
the police officers that could be imag-
lined. No words were too strong to
portray the meanness, the littleness
and the utter disregard for law of the
present city police. He charged them
not only with open Partially but also
with open violation of their5 Oaths be-
fore Almighty God. He claimed that
gambling dens, bawdy houses and low
saloons were run wide open, not only
in violation of State and city laws, but
with the silent permission of Barber,
the man who wabbled around in the
chair of the chief of police. His lam
guage in regard to the above named
officer was of very strong nature,
and he characterized him as a rascal
of the lowest and meanest type, and
declared that under his control the
city of Kenosha had become a cesspOO!
compared with which the lowest quar-
ters of our great cities were paradise
on earth.
Mr.. Fisher in showing his case said
that he did not seek to defend Chief
Barber or any of the city officials, but
the fact that they were rascals and
had shown Partially should net in any
way invalidate the law. He declared
that he was in favor of enforcing every
state and city law to the very letter
and asked for only justice. The case
was given to the jury at three o'clock,
and after three hours of balloting they
agreed to disagree, and brought in a
verdict to that effect. In speaking of
the case last night Attorney Fisher
said that it would be dismissed.