The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1913-11-06
DRAWS SENTENCE OF 8 YEARS
Defendant gets Impatient after Verdict
is Returned by the Jury and Asks to
have His Medicine at Once-At-
torney Asks Arrest in Judgment.

Frank Spina, the Italian who fought
a pistol duel with members-of the Ke-
nosha police department and shot j ohm
Cyzak, was convicted on charges of as
sault with intent to murder in the cir
cult court this morning and before the
close of the session of the court he had
been sentenced to term of eight years
at hard labor in the state prison at
Waupun. He will be taken to prison
late this afternoon to begin his sent
ence, but his attorneys promise to re-
new the battle to secure his freedom
within few days. After the return
of the verdict Attorney Norman l..
Baker, who represented the defendant
in the final chapter Of the case, filed a
motion in arrest of judgment and noti-
fed the court that the formal motion
for new trial would be made later
Spina was impatient after the verdict
had been returned and it was at his
own request that immediate sentence
was imposed. Under the law enacted
at the last legislature the crime of at
tempted murder is punishable with a
term of from one to thirty years in the
state prison. Judge Belden took into
consideration all the facts in the case
and fixed the term at eight years.
The verdict of the jury was reached
on xr of faT ct1,
case went to the jury at three clock
Friday afternoon and when the Jurors
retired early this morning to get lit
tie sleep the balloting showed that
nine Of them favored conviction while
the other three were favorable either
to the discharge of the defendant on
the ground that he feared assassination
or the return of verdict finding him
guilty on one Of the minor charges sub
mitted by the court. In the early
hours of the morning the jurors sought
to reach a verdict, but there seemed to
be misunderstanding of the instruc-
tions of the court and with the opening
Of the session this morning the jurors
asked for further instructions.
Judge Belden re-read to the jury the
entire instructions in the case and sent
them back to the jury room without
further comment. On the first ballot
after the reading Of the Instructions
one of the jurors Joined the majority
and in an hour and half the verdict
was reached. After the jury had been
discharged the members of it refused
to discuss the deliberations in the Jury
room, but it is reported that they did
not consider the alleged feud story
worthy Of serious consideration.
Judge Belden was busy instructing a
jury in another case when the verdict
was reached, but the defendant was
brought into court and as soon as the
other jury had been sent out the mem
bers of the spina jury filed in. Spina
evidently expected a conviction and
there was no hope in his eyes as he
watched the jury take their seats. His
wife was not in the court room at the
time, but his step-daughter and her
husband who had waited at the court
room since early morning were inter
ested spectators. After the verdict had
been read Spina was almost in rage
and he snarled at his attorney when
he sought to converse with him in re-
gard to what motions should be made
for future consideration. He informed
his attorney that he was ready for i'm
mediate sentence and the attorney in
formed Judge Belden. While the mo-
lions in the case We're prepared Spina
remained in the court room and Judge
Belden sentenced him just before court
adjourned for the noon hour. After
sentence had been imposed Spina de-
clared to the deputies in charge Of him
that Harry Copen was to blame for the
whole trouble, but he made nc state
ments to the court when he was sent
enced.
1t is possible that the case will be
taken to the supreme court, but the
friends of Spina were pretty well sat
isfed with the sentence imposed by
the court, The police officers and es-
pecially John Cyzak, the officer who
had been shot by spina, were elated
over his conviction as they hold that
it is a distinct victory and secures bet
ter recognition of the rights of the of
ficials Of the law.