The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1902-01-02
Superintendent of the KnickerboCker
Company at Burlington Charged
With Violating the Law.
CASE TO BE TRIED BY JURY.
Attorneys Will Hurry ;ne Case to the su-
prene Court to Make Test Of the
Obnoxious Law
(From Mondays Daily0

Saturday afternoon Deputy Sheriff
Fred Donald, of Racine, arrested
Henry Rossmi1ler, of Burlington,
superintendent of the Knickerbocker
Ice company of Chicago, on complaint
of Chief of Police Phster, the COM
plant charging that Mr. Rossm1ller,
on Dec. Goth, cut from Browns lake,
near Bur1iug ton, and shipped to Chi
cago, one car load of ice. The com
plant was sworn out before Court
Commissioner John T. Wentworth, Of
Racine, and Mr.. Rossmiller came to
the city on agreement and was arrest
ed as he stepped from the train. The
complaint is as follows:
Erred Pfster, of Racine county, be-
ing duly sworn and examined on oath
by and before John T. Wentworth,
Court Commissioner of said county,
makes complaint and says that Henry
Rossmiller, of Burlington, in said
county, did on the 10th day of Decem-
Der. A. D. 1901, at the town of Bur
ington, in said county, he, the said
Henry Rossmi1ler, being then and
there an agent and employee, towit, the
superintendent of the Knickerbocker
Ice company, a corporation, did then
and there as such agent, employe and
superintendent, wil1fully and wrong
fully and un1awfully, cut and take
from Browns lake, the same being a
meandered lake within said town,
county and State, quantity OF ice,
towit. one car load, and did then and
there deliver and cause TO be delivered
said ice to the Chicago, Milwaukee
and st. Paul Railway company, com
mon carrier, for shipment out of the
State of Wisconsin, and did then and
there ship said ice out of the State of
Wisconsin and to the Hagell Ice COM
pany at the city OF Chicago, IN the
State Of Illinois; said Henry Rossn11l-
Ter and his employer, said kn1cker-
booker Ice company, having done the
acts aforesaid without having first APP
piled for or secured the license so TO do
required by chapter 40 of the laws of
Wisconsin for the year 1901, and with
out having in any manner complied
with the requirements of said chapter
40, contrary to the statute in such
case made and provided, and against
. the peace and dignity of the State of
Wisconsin, and prays that the Henry
Rossmiller may be arrested and dealt
with according to law"
Rossmiller was taken before the
Commissioner. He was represented
by Attorney Thomas Kearney, ex-
Attorney General O'Connor and At
torney Amos Miller, of Chicago. AS
sistant Attorney General Warner and
District Attorney Lukes appeared for
the State. Examination was waived
and Mr.. Rossmi1ler was held to the
municipal court, bonds being fixed in
the sum of 5000. The case was called
before Judge Flett, of the municipal
court, in the afternoon.
Attorney Kearney stated to the
court that he wished to file written
waiver to jury trial and expressed
wish that the judge hear, try and de-
tern1ine the case as soon as possible, as
it was important, and that all parties
were anxious to carry it to the SUI
preme Court as rapidly as possible.
Judge F1ett doubted if a jury could
be waived, but Mr.. Kearney thought it
could, as the offense charged was only
a misdemeanor.
Finally, Mr.. Kearney withdrew his
application that jury be waived and
the case went over to the January
term Of court, when it will come up in
regular order. The court convenes
one week from next Monday.
During the course of the argument
Attorney O'Connor said that there
was no question in regard to the facts
alleged in the complaint; it was only
question as to the validity of the ice
tax law.