The Alaska daily empire., 1915-12-09
KRAUSF GETS YEAR FOR IMPERSONAT TING 0FFIC GER;
 KIDNAPPING BOND S5OOO


 Edward Krause was this morning sentenced by U. S. Commissioner J. B. Marshall Co one year in the Federal jail hero on the charge of impersonat- ing an officer at the time he served a fake subpoena on William Christie, October 90. at Treadweu. This sen- tence was pronounced immediately aft-r Inc court stated that krouses bail on the charge of Kidnapping, on which he was bound over yesterday, had been fixed at S5,00O.
 The sentence iu the charge or im- peronating an officer had barely been pronounced when Kazis Krauczunas. attorney for Krause. demanded to know by what right the court nao sentenced Q man who had not been tried. After considerable argument nart or which was rather heated. the attorney was assured by Commission or Marshall that since the charge was a misdemeanor. the matter was with in ihe jurisdiction of the Commission er's court and that no preliminary hearing could be had. and that in ac- cordance with the agreement reach ed at the close of the hearing yester- day on tk, Kidnapping charge the testi- mony offered by the witnesses at that time had been considered as tne trial on the charge of impersonating an omcer. and that the court had found Krause guilty and sentenced him accordingly
 Krauczunas then denied that any trial had been had on the charge oi impcrsonating an officer, and Che pro ceedings or yesterday afternoon were rehashed in detail In the enort CO re- fresh the memory Of Krause's attor- ney Although every detail of Che mat ter as it came out yesterday was gone over. Krauczunas still held that there had been no trial and maintained that Krause had right Co a hearing and triai by jury Although the commis- sioner agreed that Krause had the right Co trial by jury. # he SO desired. and that if request had been made tne matter would have been continued to enable Krause to get his witnesses, he stated definitely that th law does not provide for @ preliminary hearing on @ misdemcanor charge. and that since Krause had not demanded 9 Jury the matter had been decided without one.
 Quoting from the record of the pro ceedings yesterday taken by the ste- nographors. the foundation for Che sentence pronounced by the commis- sioner this morning is as follows; At the close of the preliminary hearing of Krause on the charge of Kidnapping Inc court announced that Krause was bound over 10 answer Go the grand inrv. District Attorney J. A. Smiser fhen said. eve are ready. your Hon OF. to take mp the charge ot imperson- ating an officer and our testimony win be exactly the same as In this other matter IT you want Co re-hasn it ail over we will do so but it will hc exactly the same"
 Krauczunas, J understood that we were not going Co take up thls mat ter now did not know that you would take un both charges together.
 Reagan. You don't mean that you wanted them Go be heard at different datesi
 Krauczunas. No Ii he is held to answer to the grand jury ] under stood that that was an you were go- ing Co do about it-
 Smiser; No. we certainly intended Go tafe up the other charge. too.
 Krauczunas. We'll ] don't think that il would be worth while to exam inc these witnesses over again. it would only take up time.
 smiser. I don't think that either eide would gain anything. your Hon or. by re-hashing the case. and sug- rast that the court decide it on the facts.
 Krauczunas: Yes. move that this case be dismissed against krause. There Is on criminal subpoena
 Court. Tn this cose there IS dn- ferent situation from that on the otn- CT charge. This matter comes within my jurisdiction. Do you wish Go have lfr. Krause sworn and put on the stand to testify on the charge or im- personating an ofiicer2
 Krauczunas: No; VIC waive state ment.
 Court: Then in that case [ win take tho matter under advisement and will announce my decision in the morning.
 Smiser. Let the record Show that by agreement it was submitted and that a formal plea of not guilty was entered in behalf of the deefndant
 Court: Yes. the record may so show.
 Holding to his point that Krause had a right Co @ hearing. krauczunai was instructed that the law gives nc such right and Krauses' attorney then filed notice Of appeal to the cisiricl court. He was informed by me court that the bond required for ap peal must be sufficient to cover tns costs oi action.
 A moment later Krause was taken back to his cell under guard or Depn tv Narshais J J. Clarke and w. B Sharp Although he looked little concerned when the sentence of one year was pronounced. Krause conduct ed himself in court this morning with much the same compOsure he showed yesterday.
 Kazis Krauczunas. counsel for Ed ward Krause. said today "Kraus, was not arraigned yesterday on q charge of impersonating an officer neither was he asked to enter a plea and no plea was ever entered W, certainly will protest the action tnker
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