Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1918-03-06
MUSCODA MEN FREED
CIRCUIT JURY FIND PFEISTER
AND WHEELER NOT GUILTY
OF BLACKMAIL.
AFFAIR LONG MINDED.

The jury in the case of the state
VS. Frank r. Wheeler and Geo. S.
Pfiester, Muscoda men charged with
blackmail, brought in a verdict at
2:15 Friday of "Not Guilty" The
jury had deliberated on the matter
since morning and at noon returned
saying they could not agree. The
court then gave them new instructions
stating specifically that no verdict
could be found against Wheeler and
that the jury should be convinced
beyond a question of doubt of Pfeis-
ter's guilt before finding him guilty.
This was the big case of the term
and in substance consisted as follows
Evidence by the defense was sub
mitted to prove that Mrs Pfeister had
ordered two suits from the Marcus
store in December 1916. The defense
alleged that Jake Marcus brought
these suits to the Hotel Pfeister and
delivered the suits for tryon. The
defense claimed that Jake Marcus had
embraced Mrs. Pfeister but was or
dered from the place. The defense
contended that Pfeister in January
took the matter up with Wheeler, a
local justice. The latter advised him
to settle the matter out of court and
steps were then taken to have this
done. The Marcus brothers at first
refused to make any payment but lat
er offered the sum of $500 providing
the two men would sign a release.
This Wheeler and Pfeister did re-
ceiving check which was stopped at
the bank. Pfeister never got the mon
ey and claims that he has not tried
to. His arrest with Wheeler followed
the next day.
The Marcus side claimed that the
entire affair was a frameup to extort
money from them. They swore that
they had lured the hotel man and the
justice along until they got a release
which was in fact a document prepar-
ed by H. E. c. Kemp, a Boscobel law
yer, to railroad them to the pen. This
document stated that Pfeister intend
ed to prosecute Marcus for assault
with intent to commit rape" Pay
ment of money for release of prose
cution would constitute blackmail.
The court held that the two men GER
tainly had no knowledge Of the dam
gerOus nature of the release in sign
ing it. That Wheeler had indeed act
ed as a go-between but simply to ad-
just matters. That Pfeister must be
proven a blackmailer before a YER
dict of guilt could be rendered
Much laughter ensued in court
during Levi Bancroft's cross examina-
ton Of witnesses and his subsequent
plea to the jury. Bancroft was un-
mincing in his denunciation of Kemp
for preparing the document. He went
into the whole case in a manner con-
vulsing to the spectators.
District Attorney Meyer based his
prosecution on blackmail and con-
tended that the guilt or innocence of
Marcus had nothing to do with the
case. Bancroft demurred and the
court sustained him holding that the
testimony governed subsequent ac-
ton by Pfeister and was vitality i'm
pOrtant. The defense claimed that no
charge of assault with intent to COM
NIT rape" was intended by Pfeister.
That he in fact intended to bring ac-
ton for simple assault and battery
only. A settlement Of the last would
not constitute blackmail.
The matter is of considerable in
terest to people in the northern part
Of the county where a feud exists be-
tween two factions.