The Baraboo news. [volume] (Baraboo, Wis.) 1884-1911, 1909-04-15
WELK CASE HAS
BEEN DISMISSED
LICENSE WOULD EXPIRE BEFORE
rIATTER COULD BE
HEARD.
TWO Many TECHNICALITIES
Rev. Goddard Moved to Dismiss the
Action After Three Hours of Try
ing to Get Started.
TWO MANY TECHNICALITlES

"Mr. Mayor, L would like to ask a
question"
.'An right, go ahead"
"Before doing, that, would like to
know this"
''If no objection we will proceed"
HFirst, I would like to ask few
questions"
"Have you not done so and so?"
"Does that question pertain to! this
case?"
s'Let me read the law"
"I would like to hear from the city
attorney"
"Are you ready for the question:"
"One thing further"
81 will leave it TO the council"
E'I want to be fair"
''The law says so and Sc"
That is ABOUT what happened ON
Wednesday night at the special meet
ing of the city council which met to
receive the evidence as to whether or
not Herman Welk, proprietor of the
Farmers Home saloon on Third avenue,
was guilty of selling intoxicating
liquors to minors on February 22, 1909,
Rev. Louis A. Goddard being the COM
planning witness. After spending
three hours over legal technicalities
and after the attorney for the defend
ant stated that he would take the mat
ter out of the hands of the city council
and into the circuit court, thus delay
ing the case until the license should
expire by limitation, Rev. Goddard
moved to dismiss the action.
All of the available space in the
council chamber was filled with spec
tators, the crowd extending far down
the stairway, Mayor Hull presided.
F. r. Bentley acted as city attorney in
the absence of J. M. Kelley. j. F.
Baker IF Madison was the attorney for
the plaintiff and FL. FL. Thomas ap-
peared for the defendant. Etfinger
was not present as he is on Welk's
bond.
Inc IrIa1.
Before an attempt to call the first wit
ness was made several aldermen de-
sired to ask certain questions in order
to be clear as to future meetings in
case the matter was continued. The
most important pertained to Alder
man Hofstatter. He is now mem
Der of the council but will not be after
his successor has qualified. The ques-
ton was whether or not he would re-
main with the case if continued. The
city attorney thought he would be
considered as a member of the council
until the case was finished, even
though continued.
At this juncture an attempt was
made to call the first witness when
Alderman McFetridge asked permis-
sion to ask a Jew questions directed to
Rev. Goddard as to some things that
might or might not have been said.
Rev. Goddard replied that he was
not on trial but that when the proper
time came he would go upon the stand
to answersany questions the council
saw fit to ask.
After this had been settled Attorney
Thomas moved that the case be dis
missed because the bond was not suf-
ficient to cover all the costs. He
wanted bond to protect the saloon
keeper as we'll as the city.
1t developed that the acting city
I attorney had drawn the bond and
that it had been approved by the
council. Attorney Thomas insisted
that there should be bond to protect
Welk. After considerable discussion
the acting city attorney said that the
bond was all right, Alderman Risley
said that the council was not jury
and il was not their business to de-
termine such matters. When it came
to vote upon the motion to dismiss the
action on account of the bond not pro
tecting Welk, Aldermen Altpeter anC
Welk voted yes and Alderman HOf
statter, Jacobs, McFetridge, Risley
and Thuerer voted no.
Another TechniCaIitY,
After 1T was decided that the bono
was all right, the attorney for the
defendant moved that t1e action b.
dismissed because the council had nj
jurisdiction in the matter. The pein
was on the proof of service. The at