Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1910-10-21
ATTORNEY RUBIN TO MAKE Eff
FORTS TO GET
RELEASE.
VERY LITTLE EVIDENCE
Says He Feared Dam Defender
Was Too Much For
Him.

Hayward. - Notwithstanding 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. s, 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 J. C.
Davis was also unassisted.
The two younger Deitz 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
I fatal shot came from the direction of
the barn, and that the bullet was a
1920, 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 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 attempting to enforce the law
| and that bullets like the fatal one were
| found in used guns in the cabin after
| the surrender.
vii h IL Nv, lis
| to obtain from Circuit Judge James
| Wickham, Of Eau Claire, a release of
| the prisoners on bail All other hear
| ings for the Deitz' family were adj
journed until Dec. Is, except that
against John Deitz for murderous as
sault on Pat McGinn, discharged Bail
in each case was set at $1,000.
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 of
| Madden's examination, asked the sher-
| if why he had not served any war
rants on Deitz and the sheriff replied:
Because | was afraid Of him."
whereupon the Deitz family broke into
| laughter.
Well" asked the attorney, what
did you have deputies for?"
Because DeitZ was a dangerous
man." was the sheriffs reply, which
caused another laugh.
| Madden admitted to Attorney Rubin
| he had concealed from the DeitZ fam
lily the fact that Thorbabn and Van
Alstyne were deputies. He said he
thought that by doing so he could SUI
prise the Cameron dam man.
The sheriff also declared that the
warrant for the shooting of Horel had
never been served on Deitz and that
no attempt had been made to serve
| that particular warrant or any other
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
| done at once.
| Badgers BaIk on Candidate.
| Milwaukee. - The Wisconsin Repub-
|