The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-04-23
Death ofLsts Charles Qusrlss May
Result in mistriaI in Long
Contested Railway Suit
COURT WAITING FOR BRIEFS
Late Milwaukee Attorney Has Had En-
tire Charge of Case for Defen-
dants and Survivors Are
at Loss What to Do

The death Of the late Charles Quarles
may cause a great deal of trouble in re-
gard to the suit Of Gustav L. Claussen
and Patrick L. Haynes against B. J..
Arnold and the Kenosha Street Railway
Company. The case is now in the court
for a decision and Judge Belden has
been awaiting the filing of briefs before
making his decision It is learned that
a half written brief is the only thing
that Mr.. Quarles left in regard to the
suit and there is some doubt if the
other members Of the firm Of Quarles,
Spence and Quarles will be able to piece
together these scattered notes and pre-
sent the case to the court. Mr.. Arnold
had retained Mr.. Quarles as his personal
attorney in the case and the entire work
of the case had been done by the dead
attorney. One Of his last appearances in
court was when he came to Kenosha to
try this case for Arnold. At the time
the evidence was taken, the court stated
that he would hear the argument in the
case later and then suggested to the
attorneys that they submit briefs to him
to use in the decision Of the case. Mr..
Quarles returned to Milwaukee that
'evening and began the work on his brief.
He had written only a few pages of it
when his sudden death came. None of
his associates in the firm Of Quarles,
Spence and Quarles had worked with
him in the preparation of the defense
in the case and for that reason they
know absolutely nothing of the line of
defense that Mr.. Quarles had mapped
out and followed in the hearing in the
Kenosha court. John G. Slater of this
city was attorney of counsel with Mr..
Quarles, but he long ago turned the en-
ney and it would be a hard matter for
him to build up the brief to present to
the court.
The condition is an unusual one.
their case to the court and their attor
neys are ready to present brief on
which to base decision in the case and
the only delay is now caused by the
defense
An effort is being MADE to communi-
cate with Mr.. Arnold who is now in
New York and it is POSSIBLE that he
will decide to ask the court for an
order directing new trial of the cause
on account of the extraordinary condi-
tions. The transcript Of the evidence
in the case will of course be in the
hands of the attorneys for the defen-
dant, but the keen insight of the master
mind of Mr. Quarles has been forever
lost through the visit of the grim
reaper
The suit has been in the courts of the
county for many years 1t was the out
growth Of the so-called "boodle" ordi-
nance and the two Chicago promoters
brought suit to have mortgage and
trust deed foreclosed in order that they
might collect to the amount Of $4,000
which they claimed for services in Sc
curing the franchise through the streets
Of Kenosha. 1t is just possible that
the attorneys for Haynes and Claussen
would contest a re-hearing of the case
and should such be the fact, the Arnold
interests would be forced to submit the
case for desicion on the evidence and
such arguments as could be prepared for
it.