The daily progressive-miner., 1915-12-13
KASIS KRAUCZUNAS
 TAKES APPEAL
CLAIMS THAT KRAUSE HAS HAD NO TRIAL TO WHICH
 HE IS ENTITLED
(From Juneau Empire)

i Edward krause was this morn- ing sentenced by U. S. Commission CT J. B. Marshall to one year in the Federal jail here on the charge of impersonating an officer at the time he served fake subpoena on William Christie, October 30, at Treadwell. This sentence was pronounced immediately after the court stated that Krause's bai on the charge of kidnapping, on which he was bound over yesterday, had been fixed at $5,000.
 The sentence in the charge of impersonating an officer had bar l ely been pronounced when Kazis Krauczunas, attorney for Krause, demanded to know by what right the court had sentenced a man who l had not been tried. After consid- erable argument, part of which was rather heated, the attorney was assured by Commissioner Marshall that since the charge was mis- demeanor, the matter was within the Jurisdiction of the Commis- sioner's court and that no prelim- mary hearing could be had, and that in accordance with the agree ment reached at the close of the hearing yesterday on the kidnap- ping charge the testimony offer cd by the witnesses at that time had been considered as the trial on the charge of impersonating an officer, and that the court had found Krause guilty and sentenc- ed him accordingly.
 Krauczunas then denied that any trial had been had on the charge of impersonating an officer, and the proceedings of yesterday after noon were rehashed in detail in the effort to refresh the memory of Krause's attorney. Although every detail of the matter as it Tame out yesterday was gone over, Krauczunas still held that there had been no trial and maintained that Krause had a right to a hear ing and trial by jury. Although the commissioner agreed that Krause had the right to trial by jury, if he so desired, and that if request had been made the mat ter would have been continued to enable Krause to get his witness es. he stated definitely that the law does not provide for a pre- liminary hearing on a misdemean- or charge, and that since Krause had not demanded a jury the mat ter had been decided without one.
 Holding to his point that krause had a right to a hearing, Krauezunas was instructed that the law gives no such right and Krauses' attorney then filed notice ofs appeal to the district court. He was informed by the court that the bond required for appeal must be sufficient to cover the costs of action.
 A moment later Krause was taken back to his cell under guard of Deputy Marshals J. J. Clark and W. B. Sharpe. Although he looked a little concerned when the sentence of one year was pronounc- ed, Krause conducted himself in court his morning with much the svmr oomposure he showed yester day.
 Kazis Krauczunas councel for Ed ward Krause, said yesterday: "Krause was not arraigned yester- day on a charge of impersonating an officer, neither was he asked to enter a plea and no plea was ever entered. We certainly will protest the action taken today in sentencing Krause."
 Only once yesterday, did Krause look at Mrs. William Christie, for love of which the authorities say, Krause made away with William Christie. That was when he was led into Judge Marhall's court room, with wrists manacled togeth- CT. As he sat down in front of the commissioners desk, Krausc urned and looked at Mrs. Christie. The latter gave him no sign of recognition. Mrs. Christie made a very favorable impression on those. who attended the hearing. The anxiety and suffering that she probably has endured since her husband was taken away, was writ ten on her face and she was an at- tentive listener to every bit of evi. dence offered by the witnesses. When Nick King looked at Krause and identified him as Miller" Krause met the mill foreman's gaze steadily, but as he turned his head away he swallowed hard and droop- |