South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-08
Superior Judge Rules
On Petition of Chief
CONTINUED PROM PAGE ON.

OF Indiana. that It is his function TO
prosecute violations or the law Of
the state. and to take all such steps
and process as may Doe necessary to-
ward effective prosecutions. where
under the facts and circumstances
he IL reasonably certain that the ac-
cused - guilty Of a criminal o6ense.
THAT IN the case herein the de-
PENDANTS are charged with the pos
session Of intoxlcatine liquors FOR
anlawfu purposes The police Of
ficers who found said liquor upon
the premises and in the possession
OF said defendants have neglected
and refused 90 make any charges
against said defendants. and the
chief Of police under whose control
said POLICE officers act. mas neglect
ed and refused 20 fic charges
against said defendants that said
chief Of police evaded tho making Of
the charge upon the preteXt that he
was Investigating the question OF
the ownership 81 said liquor. not
withdrawing that ne WAS informed
by the prosecuting attorney that re-
CARELESS OF the ownership Of the
property the defendants herein are
nevertheless guilty and should be
brought 10 trial hy virtue OF their
being in possession OF said intoxicat-
ing liquor
Elements Of Proof
said prosecuting attorney repre-
sents TO the court that possession.
not title 10 ownership. .s thc stand
ard OF responsibility. in deciding the
question Of guilt or innocence of the
defendants herein. and iJ is the law
of this state as well as In other states
that in "a cause OF this nature possess
sion. and not ownership Is the fund
amental element To Doe proved by the
state. and I'm this case possession is
proof by reason Of the intoxicating
liquor being found upon the prem
ises and in the custody ot the de-
PENDANTS at the time 10 was seized
By said police officers
said motion OF the chics of police
herein points out that original ne
tition does not state with sufficient
positivencss That any Intoxicating Ii
qLOr p,lced in the custody uf Peter
Kline. chief Of police. for erldentary
purposes has been mislaid etc
Wherefore said prosecutor now pos
itively and unqualihcdIy states that
in the case OF the State Of Indiana
against Thomas Ward certain evil
dence placed with the chief of po-
lee by police officers was mislaid
and could not. and was not produced
at the trial held "a few months age
IN St Joseph circuit court. that GER
tain intoxicating liquor seized by
police officers in November. 1919, In
the case of the state OF Indiana
against Tony Barrett and placed IN
the custody Of said Peter Kline sub
sequently thereto and before the
trial in the ST Joseph superior court
had become colored water and was
such cOlored water when introduced
at said trial that certain liquors
seized by certain police officers I'm
the month Of February 1919. in the
case Of the state of Indiana against
John Barrett which liquor was
Kline, had also subsequently and be-
fore trial lost its indemnity as intoxi-
eating liquor and become colOred wa
ter. That certain other similar cases
have occurred in the city court of
South Bend the particular deScrip-
ton OF which The prosecutor at this
time cannot present 10y reason of his
not having sufficient time TO investi-
gate the records for the purpose Of
acquiring the names and titles of
said cases
Authorities May Act
said prosecuting attorney further
represents that notwithstanding
what action may be taken locally
with reference TO the cause herein,
such action viii not ana cannot i'm
tcrfere with any action which the
federal authorities may determine 20
take. that said prosecuting attorney
has In his possession 90 telegram
from l.. Ert Slack. United States dis
trict attorney written ON July 5th.
1919. wherein said United States dis
trict attorney states that he would
require bat one tl gallon of said
liquor for use In evidence I'm the
United states courts. and directs said
prosecutor 10 proceed locally in his
own way. which said telegram reads
as follows.
Indianapolis. Ind July 9. 1918.
"Hon. sam p. Schwartz
Prosecuting Atty. So. Bend. Ind
Request you locate and consult
with Agent Green now i'm South
Bend liquor mentioned your letter
in Legal custody OF state authorities.
Request however, YOU and Green
take out one gallon properly labeled
for use i'm evidence in T.. : court.
Proceed with case in your own way.