The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1910-10-22
DEITzS HELD TO CIRCUIT COURT
ATTORNEY RUBIN TO MAKE Eff.
FORTS TO GET RELEASE.
Sheriff Madden Laughed at When He
Says He Feared Dam
Defender.

every effort on the part Of Attorney w.
B. Rubin, of Milwaukee, shrewd, alert
capable, his motion at the close of the
examination in municipal court for the
discharge of John Deitz, Mrs. Deitz
and Leslie, all charged with the MUIR
der Of Deputy Oscar Harp during the
assault made by Sheriff Madden's men
on Deitz' home, Oct. 8, was in each
case denied and the three were bound
over by Judge J. F. Riordan to the cir.
cult court for trial.
The hearing opened at 10 a. M, with
the court room packed almost to suffo.
cation and except for the noon inter-
mission continued SO all day, many
citizens of prominence attending and
every ear strained that no word might
be missed. Breathless interest reigned
supreme. Attorney Rubin alone ap.
peared for the defense and contrary to
expectations District Attorney ]. c.
Davis was also unassisted.
The two younger Detz children were
in court with their parents all day.
Rubin gave assurance that no objec.
ton would be entered and would court
fullest investigation. Eight witnesses
appeared for the state. including the
sheriff, Deputies Wiley and Pomerlo,
who were with Harp when he was shot,
Thorbahn, Van Alstyne, Ackley and
Walter Burk, and DR.. G. A. Grafton.
Port Holes in Barn.
The state was able to show that port
holes in barn loft could be seen over a
lumber pile from where Harp was
killed, that loaded guns which had
been fired were found in the Deitz
cabin after the surrender, that the
fatal shot came from the direction of
the barn, and that the bullet was a
5000, and that other shots were fired
from direction OF house and barn.
From the standpoint of the defense
no definite evidence was presented to
prove illegal resistance by any of the
Deitz family in the attempts to serve
warrants or that any shooting was
done from the house or barn. 1t was
shown that the sheriff, knowing Deitz
was a dangerous man did not consider
it safe to attempt serving the Horel
warrant in person. The state held
that Harp was killed while doing his
duty in attemptinNto enforce the law
and that bullets like the fatal one were
found in used guns in the cabin after
the surrender. ''
An attempt will be made by Rubin
to obtain from Circuit Judge James
Wickham, of Eau Claire, release of
the prisoners on bail. All other hear.
irgs for The Deitzss family. were .ad.
journed until Dec. Is, except that
against John Deitz for murderous as.
sault on Pat McGinn, discharged. Bail
in each case was set at 81 900.
| Crowd Laughs at Sheriff.
When Sheriff Madden was on the
stand three of his statements were
especially startling, one of them bring
Ing a hearty laugh from the entire
Deitz family, and outlaws from the
crowded court room.
Attorney Rubin, in the course oil
Madden's examination, asked the sher
If why he had not served any war
rants on Deitz and the sheriff replied
Because l was afraid of him,
whereupon the Deitx family broke into
laughter.
WELL asked the attorney, "what
did you have deputies for?"
because Deitz was a dangerous
man." was the sheriff's reply, which
caused another laugh.
Madden -e>~litted to Attorney RubiI
he had concealed from the Deitz fam
lily the fact that Thorbahn and Var
Alstyne were deputies. He said he
thought that by doing so he could sur
prise the Cameron dam man.
The sheriff also declared that the
warrant for the shooting of Horel hat
never been served on Deitz and thai
no attempt had been made to serve
that particular warrant or any othel
warrant that he had had in the past
two years.
| The Deitz defense says the lack Of
evidence at the hearing warrants start
| ing habeas corpus proceedings for re
lease of John Deitz, wife and Leslie
on Harp murder charge, which will be
! Of