South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-11-22
FAILURE To OFFER
EVIDENCE FREES
TWO Defendants
Liquor Cases Fail For Want
of SubStantiatiOn by
Prosecution.

erly examine witnesses for the state
IN the trial OF Louis Delfosse. ZIG
W Washington av., charged with
the unlawful sale OF liquor. resulted
in the acquital Of the defendant IN
the city court Thursday morning
The prohibition law makes the
possession Of a government retail.
liquor license prima facie evidence
Of the possession OF liquor for sale
Delfosse was arrested on warrant.
charging him with the sale Of liq-
uor.
Henry Wilson. 613 IL p. Ohio
st.. testified for the state that he
bought a drink Of whisky in Del
fosse's place for which ne paid -
cents. The witness declared that
ne did not know from whom he
bought the drink but he was posi-
tive that Il was not from Delfosse \
himself
This testimony. however. was
only contrihutory 20 the main basis
for the prosecution. The prosecution
was brought under the section of the
law making the having Of a gov
eminent retail liquor license prima
facie evidence Of the guilt OF the
holder
Samuel Kosczorowski. a detective,
testified that Delfosse himself show
&c him government license.
Ncmeth failed either 10 have the
1icense- introduced FIN court or 20
have the witness testify as 90 the
date OF the license. The witnesses
apparently had all these facts ami
was ready 20 testify TO them had the
acting deputy prosecutor asked him
the prOps- question.
Nitus G.. Jones represented Del
fosse. and Mr.: Jones legal knowl-
edge appeared 10 be too much fo~
Nemeth 20 combat. Kenneth asked
question after question without ask
ing one that would bring out the
evidence necessary TO establish even
prima facie Evidence against the
defendant
The testimony Of Henry Wilson
was toe vague 90 carry sufficient
weight. and anyway the state was
attempting to base its prosecution
on the prima facie clause in the
prohibition law. Judge Gilmer was
forced TO find Delfosse not guilty.
Iyza Also Freed.
Failure of the state 20 produce
sufficient evidence also resulted i'm
the acquittal OF Bert Pyza, 1926 w.
Ford St, charged with the unlawful
possession OF liquor.
Pyza was charged with having the
unlawful possession of about % gal
Ions Of whisky on the night of Nov
T. William Miller, a farmer living
near New Carlisle. testified that
about $3.50 O'Clock on the afternoon
OF Nov 1 an automobile broke down
in front OF his house. and that two
men asked him permission TO leave
some jugs in his barn until they
could get another machine 20 take
them 10 South Bend. He said the
mer told him they had been run out
OF IapOrte
The farmer testified that he saw
the jugs but he failed 90 identity
the one submitted in evidence. The
farmer said that later two men I'm
an automobile went Co his place and
took some OF the JUGS
Sheriff Bailey testified that he had
been notified that the whisky was
at the farm near New Carlisle, and
that he started out there but ne was
passed by an automobile i'm which
be believed were the men who own
cd the whisky left at the farm.
The sheriff turned and followed
the automobile. and at Arnold ~
overnauled the machine. finding
two jugs in the machine. one of the
jugs ne said. had been overturned
and part Of the contents had run
out The whisky and the two men In
the machine were taken To police
headquarters.
Marcellus and Nicholas Sczuczk. /
] eos W. Durham ST. the two men
I'm the machine claimed that they
had merely been hired by Bert
Pyza 90 go with him and his broth
or 90 New Carlisle 90 set sometbius
They said they did not know what
Later Pyza was arrested, charged
with having the unlawful possession
OF liquor ON the witness stand
Thursday morning Pyza testified
that he had worked at the Stude-
baker plant an day Nov 2. and eek
hibited his time card duly punched
for that day. The man who owueo
the whisky was supposed 90 have
left 10 at the farmers about $3.50
o'clock that afternoon.
Pyza testified that about $3.50
O'Clock on the evening Of Nov :
his brother. Alex. came 10 the house
and said that ne and another man
had breakdown and wanted him
(Bert Pyza) 20 get them another
machine so that they could so after
something they had left az New
Carlisle. The witnesses testified thar
ne procured the automobile for
chem from the Sczuczk brothers.
and that they went to New Carlisle
where some sacks containing UNI
known objects 70 him were placed
in toe automobile by his brother
Alex. and then they drove 20 South
BEND. He said that when they
/ reached Arnold ST.. DE GOT out OF tho
machine and it went on. TIE denied
having any knowledge Of the whis-
~
Judge GImer held that the state
had failed 90 establish beyond rea