South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-11-24
HOSLER CASE
IS REFILED IN
HIGHER COURT
GiImer Asks More Evidence
From Police When Gambling
COSeS are Brought UP
Before City.

Efforts of the police department
and Deputy Pros. Samuel p.
schwartz to gain convictions in city
court saturday in important gam
bling cases before Julge Gilmer
proved unsuccessful
Frank Radzwell and FIVE other
men, charged with gambling on S.
Brookfeld ST., were found not guilty
by the judge, and in discharging the
defendants the court roundly scored
the police for bringing q case of that
kind into court.
The police know where there is
real gambling going on, gambling
should get such places instead of
bringing in cases of this kind where
those who are alleged to have gam
bled had only 80 cents among them
.angrily declared the judge.
Judge Hammerschmidt viii sub
stantiate what I say about men los
ing money in gambling houses he
continued. "and the police should so
aft. places of this kind.
schwartz Disagrees.
N"I do not agree with the court in
regard to the evidence in this case. q"
answered Deputy Pros. Schwartz.
we are not trying other places in
the city at this particular instant,
and neither are we trying these de-
PENDANTS for what money they hap
pened 10 have
The evidence of the police was that
they entered Radzwells former sa-
loon on the nieht OF Nov. 10, and
after arresting him for the unlaw-
full possession of liquor. Detective
Hamilton followed Radzwell back t.
rear room. As they reached the
door, Radzwell knocked. and when
the door was opened there was con-
sidera ble confusion inside the room
Cards were strcwn over an Ice box
and the floor. and as the officer en-
tered, one of the men grabbed up a
dollar bill, quarter and a hve-cen-
piece and succeeded i'm getting away
before the officer could get at him.
Admit Gambling.
Later at the station. according 10
the testimony OF the officers, Radz-
we'll and the ether men under ar
rest, admitted that they had been
gambling
RadzweI testified that he had no
control over the room in the rear,
that it was not a pau of the build
ing rented by him. He denied that
he warned the FIVE men of the ap-
prOach OF police officer.
The other five defendants testified
that they had simply wandered into
the room TO get out of the ram. and
that they were merely playing for
fun. The judge apparently believed
their testimony for he found them
not guilty.
we have three other gamblins
cases in which the evidence is not SO
strong as that in the cases just tried.
but in which we expected TO get con-
victions,' declared Pros schwartz.
But from what the court has just
said. there does not seem TO be
much use in trying tnem.'
No. not if the evidence IS as weak
as il was in the cases just tried, - ans
wered Judge Gumer.
The deputy prosecutor then dis
missed the charges OF gambling
against Thomas I<rol, Anthony and
Henry Niegodski, arrested on tho
night Of Nov. Is.
George Hosler. proprietor or the
Avenue Hotel Lincoln Way f, who
gave his name at police headquar-
ters as Arthur James. charged with
conducting a gambling house al the
hotel on Lincoln way E. Charles
Mark, William Johnson, w Werncz.
c. l.. Fink, John Brown, Christ Lal-
Sis. and II NJ Harris. charged with
freQuenting. all arrested on the
night of Nov Is, demanded a jury
trial Immediately pros. Scnwartz
informed the court that the cases
against these defendants would De
dismissed there and would be re-
/ |hled in the circuit court.
No City Court jury.
Wen not Try any gam bling cases
I by jury in the city court was his
comment
The case against Edward 3. COT
fey. charging him with the unlawful
. possession Of LIQUOR for sale. grow
ing out OF the tearine out Of his bar
+ fixtures by the police Nov. IA. was
continued 10 Nov. %.
Upon the thing OF an affidavit 20
+ the effect that Mrs. Matte Brown
I CONTINUED OK PAGE FOUR)