The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-10-10
Sykes Case to be Taken to the
Supreme Court on a Novel
Plan Of District Attorney
DETECTIVE TO PLAY BURGLAR
Baker Will Also Lay the
Facts Before the Attorney General
of Wisconsin and Ask Court
For Ruling.

District Attorney Robert Verne
Baker, of this county, has determined
to make the case of the State of Wis
consin VS.. George r. Sykes, the Mil
waukee Railway conductor, who was
tried in the Circuit Court here early
ceny, one of the great cases in Wis
consin courts and he is planning to
take heroic measures to get the case
into the Supreme Court of the state.
Sykes was discharged by Judge Bel
den on the grounds that this court had
no jurisdiction to try the case, but
the district attorney has taken an ex-
ception to the ruling and he is going
to make novel test of the case In
the Supreme Court which he holds
will eventually result in Sykes
being brought to trial either in this
county or in Racine county.
In order to bring the point at issue
| to the attention of the SUPREME Court
of the state the district attorney plans
L the. commission of a r1imic crime
which will have in i I'll the points at
! issue in the Sykes case. He plans to
| have man commit the crime of petty
larceny on railway train operating
between Kenosha and Milwaukee and
| then he will arrest him in this county
on charge Of petit larceny. The &C
cused man will go into the Justice
Court and waive examination and be
held to the Circuit Court. When ar
raigned in the higher conrt he will
boldly declare to the court that he
robbed the car and demand sentence.
Here is where the real test Of the
case will come, for as soon as the man
is sentenced to fine or jail sentence
attorneys in the employEof the District
Attorney will begin an action for the
release Of the dummy prisoner on
writ of habeas corpus, alleging the
same point that the attorneys for
Sykes alleged, and then the case will
go to the Supreme Court and the
District Attorney will have chance
to fight out the question before the
higher court.
The Chief of the Railway Detec-
tives Of the North Western Railway
company will come to Kenosha on
Tuesday, and at that time the ar
engagements for the mimic crime,
probably the most remarkable court
procedure in the history of the state,
will be arranged. 1t is thought that a
railway official from the detective bu.
reau Of the road will be asked to stand
as the prisoner in the case. The dis
trict attorney declares that this man
| will finally be forced to pay fine or
bear Imprisonment, but that some man
will be found who will be martyr"
to the cause in this way.
/ In the meantime the district attor-
ney is also pla n aing to brief the
Sykes case and have the attorney gem
eral of the state lay the facts in the
case before the Supreme Court for a
ruling. It is claimed that the point
at issue is vital one for the trial of
railway criminals in Wisconsin in the
future.
The law, under which the attempt
to try Sykes In this county was made,
was passed way back in 1849 and nm
der this law the district attorney in
any county through which a railway
runs is given the right to inform
against railway man or another al
legged to have committed crime on a
train while it was in transit. The
point raised was the constituticna1ity
of this law, the attorneys for Sykes
holding that their man had a right to
trial ia the county where the crime
was committed and it was alleged
that the larceny took place near the
station ofTIves in Racine county.
The Illinois Supreme Court has up
held similar law and District Attor-
ney Baker IS determined to get a ruiz
ing from the Wisconsin Supreme
/ Court.
Should the Supreme Court finally
hold on the mimic case that the law
is constitutional, the railway detec-
tives will make an effort to have Sykes
Irearrested in this county and if 1t is
declared unconstitutional Sykes will
be arrested in Racine county, the at
torneys claiming that in that event he
could not claim that he had been put
In jeopardy by the trial recently held
here on account Of the fact that there
was no law that would warrant his
arrest. District Attorney Baker has
declared that he will secure decision
from the Supreme Court at his own
expense.
DR.. and Mrs. Frank B. Lansdowne
are rejoicing over the birth Of a
daughter. The happy event occurred