The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1908-10-01
The REEDSVILLE CASE.
Discharge of Alex Zeleske on writ of
Habeas Corpus. Extracts from the de-
cision Of Judge Anderson.

Discharge of Alex Zeleske on writ of
Habeas Corpus Extracts from the de-
cision Of Judge Anderson.
One Of the most far reaching legal
proceedings that lave occurred in thi.
county for many ears, and the first of
its kinds as applied to the case, was
brought before Judge j. S. Anderson as
court commissioner by Atty. G. A. For
rest as the attorney for Alex Zeleske,
formerly of the village of Reedsville.
Zeleske had been charged before the
municipal court of this county with
having taken $39 in money out Of the
cash registers or one of them at the
boarding house and business place of
Gustav j. Olm of said village, and upon
examination held before County Judge
John Chloupek, acting as municipal
judge in the place and stead of Judge
Albert Schmidt, then absent from the
county, was bound over for his appear
ance for trial at the circuit court for
this county in January 1909, under $500
bail.
In the application for the writ of
Habeas Corpus the petitioner Alex
Zeleske alleges in part as follows:
That he is not committed or detained
by virtue of any process, Judgment
order or execution specified in section
340S Wis, Statues That the cause and
pretense of his confinement and restraint
i'll the County Jail is pretended COM
mitment issued by the Municipal Court
of Manitowoc County to the Sheriff of
said County by whom he is detained.
| That such commitment is the result of
an examination held before the said
Municipal Court upon the charge of the
crime of grand larceny. The petitioner
further alleges as u reason for the allow
ance of the writ that there were no facts
produced upon the examination to show
or indicate In any way that the otfense
of grand larceny was committed by any
that no testimony was shown upon the
examination connecting the petitioner
| with the charge contained in the com
plaint or warrant or with the taking of
the money or any part thereof alleged
in the complaint and warrant to have
been stolen. That the examining mag
istrate was without jurisdiction to bind
the petitioner over for trial in the
Circuit Court in the County of Manito-
woo, or to issne any such commitment
A copy of all the testimony taken upon
such examination was annexed TO the
petition. Upon the petition and exhi-
bits the writ of Habeas Corpus was al.
lowed to be issued on the 24th. day of
Sept A. d, 1908 and the writ was is
sued accordingly. Upon the hearing
which by consent was held on the Goth
day of Sept, 1908, the original files and
proceedings including the testimony
taken upon such examination as requir.
ed by law, was presented to the Court
No other or further testimony was of
fered by either party and the cause for
the said petitioner AID the Sheriff was
rested upon the said original proceedings
and testimony and the cause was there
upon fully argued by the Attorney for
the petitioner G. A Forrest and the
District Attorney for the answering re.
spondent. An examination of the testi
mony discloses the fact that the com
planning witness upon such proceeding,
Gustav J. Olm, left his business place in
the village of Reedsville on Friday Aug
ust Goth and did not return until the fol
lowing Tuesday night AT that time he
examined his cash register in the butch
er shop and claims to have discovered
that there was $4,000 missing. During
all the time of his absence his business
seems to have been in charge of the
butcher Fred Young. Mr.. Young is
the principal witness in the case, his
testimony is to the effect that the &C
cused person came to the place of Mr..
Ohm, who conducted kind of a board
ing house, hotel, saloon and butcher
shop and remained there from SATURDAY.
eve until the Monday following. On the
Monday following early in the morning
he came to the saloon and opened the
same finding all the doors locked as he
had left them the evening previous. Mr..
Ieleske had Informed him the day be
fore that he intended to leave and paid
up his bill until Monday morning. 1t
seems Zeleske had "a parcel in the saloon
and when Young came down early on
Monday morning he came into this
saloon and got this parcel, he drank
some pop and whiskey which WAS serv.
ed to him by Young.
The testimony clearly dscloses the
fact that from the time the owner Gus.
tave J. Ohm left on Friday until his re.
turn on the following Tuesday no &C
count was taken Of the money in the
cash register at any intervening time.
Even after the alleged missing of the
money on Monday morning the business
Of the butcher shop was carried on az
n