South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-01-23
TONY BARRETT
AND KING WURZ
ARE NOT GUILTY
Judge GiImer Holds State
Fails to Make Out Cases
Against Men.

Tony Barrett and Charles king
Wurz. taken hy the police in a raid
on the owl saloon the night Of Jan.
IL were found not guilty in city
court Tuesday morning on the
charges OF operating and maintain
ing a gambling house and frequent
ing a milling house respectively
Judge Gilmer ruled that the state
had failed 90 make out a sufficient
case against the two men, and con-
sequently ne found them not guilty.
Roy Carrier, the third man taken i'm
the raid which was made single
handed by PatrOlman b. II. Roberts,
failed 10 appear in court for trial.
and his cash bond OF $50 was for
feited By the court.
Police officers were the only wit
nesses examined by the state Pa
trolman Roberts testified that he
walked into the rear of the saloon
and found men sitting around three
tables IN one Of the rooms. He tes-
titled that the men appeared 10 be
playing cards, and that there was
money on the table at which Wurz
and Carrier We're sitting. He said
that he was alone and was unable 20
place more than Barrett and two
others under arrest.
The witness was also asked TO tes-
tify as 10 the reputation of the Bar
rett saloon as a place where gam
bling had been conducted. He said
that the reputation of the place was
bad in this respect.
Patrolman William HOzinski and
Detective Horace Hamilton were eX-
amined by the state Ina regard 20 the
reputation OF the owl saloon in re-
gard TO gambling having been OPP
Grated there. and they both said
that il was bad. Upon cross exam
ination they were unable 70 name
any one who had given voice TO such
reputation.
Second Story Bad"
Asst. Chief of Police Cassidy was
asked by the state as TO the reputa-
ton Of the saloon, and ne said that
the second story OF the building had
such a reputation. He could not tes-
tify as 10 the reputation of the room
in which the men were found on the
night of the arrest OF Barrett and
Wurz.
The defense. represented by Attys.
George sands and y. ID. Kenneth,
placed Barrett and Wurz on the
stand. Both denied that gambling
had been going on at the Owl on
the night OF the raid by Parolman
Roberts. Wurz said that the money
seen by the patrolman on the night
of the arrest was change from a $40
bill that he had given i'm payment
for "a Is cent cigar. Barrett testified
that he does not permit gambling
I'm his saloon and did not believe
that il could have been carried on
there without his knowledge. He
said. however. that at one time in
the distant past gambling had been
conducted in his place.
Sums up Evidence.
Judge Gilmer. i'm summing up
the evidence said that the state had
failed TO establish the bad reputa-
ton of the Owl saloon, and that IT
had also failed to establish the al
legged fact that Wurz is a profes-
sionaI gambler He discredited the
statement of Pros. Samuel Swartz
that the failure of Carrier 20 appear
for trial reflected discredit upon the
other two defendants.
Mayor Carson and Chief of PO-
lice Kline severely criticized the
ruins Of Judge Gilmer in finding
the men not guilty.
.'I don't see what better evidence
a..yone would want" said the mayor
after the men had been found not
guilty. we are going ahead just
the same" ne ended.
The hearing OF the eisht men ar
rested i'm the raid on Koehler and
Schafer's cigar store ON the night of
Jan. IA on charges Of gambling -
being held this afternoon.