The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1914-04-02
COURT REFUSES ANY STAY
Chief Justice Winslow Holds That Pre-
sentation of Case Does Not Warrant
ANY Action on Part of Court Until
All Evidence in Case Is Before 1t.

George Koscak, the central figure in
the famous Kenosha dynamite case,
will join the list of the men "who
seek to forget" in the state prison at
Waupun before the day is over, as on
Saturday afternoon the supreme court
of the state to whom the attorneys for
Koscak had appealed as a last resort
to save him from prison, refused to
grant a stay of execution and Sheriff
Achen took Koscak to the state insti-
tuition today. The hour of the depart
ure OF Koscak was not made public as
on Sunday many of his friends had
been advised that he had been refus-
ed the stay Of execution and they
sought to be on hand when he left to
serve the term of five years. He was
taken out early this morning.
Chief Justice Winslow heard the ar
gument for the stay on Saturday af
ternoon and all of the facts in the case
were pretty thoroughly presented to
the court. Norman l.. Baker appeared
for the defendant and he argued along
the same lines that he had presented
the case to Judge Belden at the time
of the sentence of Koscak. He declar-
ed to Chief Justice Winslow that he
was satisfied in his own mind that
Koscak had been wrongfully convicted
and that he was an innocent man. He
declared that if bail were granted by
the court he would be willing if neces-
sary to mortgage his own home in or
der to secure freedom for Koscak.
Judge Winslow held that he did not
believe that an attorney was expected
tc go to such lengths in fulfilling his
full duty to a client.
District Attorney Drury appeared
for the state in the case and spent con-
siderable time discussing the trial and
the instructions of the court to the
jury At the close of the arguments
Justice Winslow, in refusing to issue
writ for stay of execution, declared
that the stay of execution in such
cases could be issued only under ex-
traordinary circumstances and that in
Koscak case did not meet with the
measure which the supreme court had
set. He asserted that the whole ques
ton in the case was as to the weight
to be given to the evidence of the de-
tectives who had testified in the case
and that no ruling could be made with
out this evidence before the court
He asserted his willingness to see that
an effort for hearing for Koscak on
an appeal was taken up at the earliest
possible moment and declared that if
a formal rehearing was sought he would
make an effort to get it on the calen-
der of the supreme court for late
in May.
Sheriff Achen was advised of the ac-
tion Of the chief justice early Sunday
morning and he at once began to make
preparations to take Kosca'k to Wau-
pun. Koscak himself in the last few
days chafed at the delay in beginning
his sentence and to one of the men at
the jail he had asked the cause of the
delay in executing the sentence of the
court and had intimated that he pre-
ferred to be in prison serving his time
aud securing credit for serving rather
than spending time in the county Jail.
Sunday afternoon Koscak s wife and
daughter spent considerable time with
aim at the jail They had been advis-
ed that the last resort to secure his
liberty had failed and they came to
say farewell to him.
Under good behavior provisions Kos
cak may be released from prison in a
little over three years and he may be
admitted to parole any time after he
has served two years.
At the hearing in Madison on Satur.
day Attorney Baker declared that there
would be arrests for perjury in connec-
ton with the case. He spent consid-
cradle time discussing the evidence of
Detective Poppie and it was under
stood from his remarks that the attor-
neys for the defendant still plans to
seek the prosecution of some of the de-
tectives on a perjury charge.