The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1915-08-05
CLAIMS FAMILY IS DESTITUTE
State Senator Timothy Burke Of Green
Bay Filed the Application for Par
don Which Will Probably be cppos-
ed by Officials Of This County.

Frank Spina, Kenosha man serving
a term Of eight years in the state pri-
son at Waupun following his convic-
tion in November, 1913, on charges Of
attempt to kill and murder, has made
a formal application to the governor
for a pardon
Spina was taken to the state prison
at Waupun on November End, 1913,
and since that time he is declared to
have been model prisoner. He was
the defendant In one Of the most sem
sational attempted murder cases known
In the history Of the courts Of Kenosha
county and it is pretty certain that
the men who were connected with the
trial Of the case will make no move
to further the application for a par
don. Spina was convicted of an at
tempt to kill Police Officer John Cyzak.
The crime was committed at. the home
of Spina on Jenne street and in a re-
volver duel between Spina and mem
bers of the police department more
than forty shots were fred. Cyzak
was very seriously wouned and he
spent many weeks in the hospital.
His personal bravery in battling with
spina was the only thing that saved
Cyzak from being shot to death in the
performance of duty. Cyzak is now
serving on the police force, but he still
bears the marks of the bullets Of spina
and members Of the police department
are strongly opposed to the issuance of
any pardon or parole to Spina.
Spina had a reputation as a bad man
and when the police heard shooting in
his home they went to the place to ar
rest him. Then the pistol duel began
Cyzak led the way up narrow stair
way leading to the Spina apartments
and as he reached the door Spina open
ed fire on him and he fell IN his tracks
terribly wounded Billy Maher, form
erly member Of the department, went
to the aid Of his fellow officer and he
was shot in the neck It is declared
that the injury to Maher at this time
brought to him serious mental malady
and for a time he was confined in the
state hospital at Mendoza. Spina
was captured after he had exhausted
his ammunition.
At the trial he had a big array of
legal talent, consisting Of Attorneys
Norman L. Baker and Robert McMynn
Of Milwaukee, and r. v. Baker Of
Kenosha. A bitter fight was made to
save him from prison, the defense Of
Spina being that he did not know that
Cyzak was a police officer and that he
had been warned that some one was
going to kill him. After ths convic
tion of Spina an effort was made to Sc
cure a new trial for him but this was
denied.
State Senator Timothy Burke Of
Green Bay, has interested himself in
the Spina case and he has presented
the request for a pardon to the GOV
er1ior. In letter to Judge Belden,
Senator Burke declares that he has
taken up the case Of Spina on account
of the fact that his wife and children
are destitute and that he feels that If
Spina were released he would be able
to contribute to their support.
The application for the pardon is to
be heard by Governor Philip on the
9Th of September and it is expected
that several Kenosha people will 90 to
Madison to appear and protest against
the release Of Snina