The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1904-12-15
Jury in Justice sturges' Court
Disposes Of State Barber
Law in Short Order.
EVIDENCE TOO CONFLICTING.
German Said He Didn't, and Whitaker
Said He Did and the Jury Took Cor
mans Word for It-Action inlthe
Other Cases is Dropped.

It took jury in Justice Sturges'
court just forty minutes Tuesday af-
ternoon to decide on the worth of the
state law pertaining. to the registra-
ton Of BARRIERS, and in the same short
space of time Mayor James German
was acquitted of the charge of work
ing at his trade without first going
through the formality Of securing a
license from the state board
In his address on the opening of
the case the district attorney stated
that this case was in no way test of
the law but the attorney for the mayor
took exception to this statement and
stated to the jury that he was going
to show that the law was unreasonable
and for this reason 1t could not be
constitutional. The statement of At
torney Slater who represented the
mayor was little far fetched but it
stuck with the jury and they evident
1y used itin determining the outcome
of the case.
The mayor never made anysefort to
deny the fact that he was1pra cticing
the trade of the barber without GER
tifcate from the state board and most
of the time of the court and jury was
given up to bringing forward the ex-
tenuating circumstances in the case.
When jury was finally secured af-
ter some four hours of trying, the
state presented it's side of the case
by placing Secretary Whitaker on the
stand. Whitaker told the jury that
the mayor was not registered and
produced the books of the board to
show that his statements were true.
He declared that he had issued a per-
init to the mayor and that at the time
he had told him that he would have to
take an examination before he could
secure a license.
He insisted that he had made his
statements plain to the mayor and
that to jog his memory he had sent
the mayor a notice that the examina-
ton would be held in Milwaukee.
Whitaker was the only witness for the
Estate and then the mayor took the
stand. Mr.. German stated that he
had little dealing with Mr.. Whita-
ker and that he had given MIN per-
nit which was good for a year. He
insisted that he had never received
any notice from the state board of the
time for the holding of the examina-
ton, and further showed that he was
too i'll to attend if he had known that
it was to have come off. His state
ments in regard to his illness were
certified to by Doctors Farr and
Lansdowne, and the defendant case
was done with.
There wasn't much in the evidence.
It was simply the fact that Whitaker
had said that he did certain things
and the mayor had stated just as
surely that Mr.. Whitaker did not do
| the self-same things, and about the
only thing that the evidence agreed
on was the point at issue-that the
mayorswas working without a license.
When it came time to argue the
case the district attorney opened up
for state and it was decided to tear
loose some oratory from Evansville and
Milwaukee in defence of the state law
but Justice Sturges put his foot down
and insisted that the district attorney
alone represent the state.
| Then the matter went to the jury
and in a short time they returned with
a verdict freeing the mayor.
| AS soon as the verdict had been
rendered the mayor was re-arrested
on charge of hiring barber with
out license and he and his attorney
demanded an immediate trial On
the advice4of the district attorney this
action was dropped as we're the actions
started against Walter B. Parker an
employee of German and that against
| Frank Roe11er.
It is understood that the men charg-
ed consented to apply for registration
and this will be the end of the case.
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