South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-08

NJ @ VIII 90 the same. but one EalLDn
must not be interfered with by local
authorities. SHOW this wire 20 chief
Kline. Request his cooperation "a
20 the one gallon mentioned
"slack. T.. s. Atty"
THAT said prosecutor immediate
ly upon receipt OF said telegram
sought 20 locate Federal Agen;
Green. mentioned therein. and found
that he had been registered at the
Jefferson hotel South Bend but had
left before said prosecutor got into
communication with him
Agents To Investigate.
That the cause herein does no.
On any way. and cannot in any way
interfere with any investigation that
the federal agents may make. That
said cause herein viii not interfere
in any way. nor hinder in any way.
the chief OF police in his investiga-
ton with reference 10 who purchased
the liquor In Chicago. etc. And said
prosecutor states that ne will well
come any information that said Pet
or Kline may obtain toward throw
ing further light upon the transac-
ti0ns of the defendants herein. and
that he viii be glad to assist in any
manner that he can toward assisting
said Peter Kline in securing such
Information.
said motion Of Peter Kline fur,
Their intimates that il is the intent
OF said Peter Kline 10 bring civil
suit for the purpose Of obtaining an
order 20 have said liquors destroyed: :
said prosecutor comedies that while
such procedure may be authorized
under the laws OF the state. yet that
is The very thing which said prose-
cutor seeks 20 avoid. namely: the
destruction Of said liquor before the
trial OF the defendants herein.
said prosecutor further points
out that such "a proceeding contem-
plated by said Peter Kline Is wholly
unnecessary, that after the trial Of
the cause herein. said court has the
right 20 make an order destroying
said liquor without the filing of any
suit
Affidavit OF Barlow.
said prosecuting attorney further
represents 10 the court that some Of
the intoxicating liquor i'm question
has already been i'm some manner
mis.aid. according 10 the affidavit Of
William l.. Barlow. which is also
uied herewith. and that said prose-
cutor does fear that unless the court
relieves said chief OF police from the
custody OF said liquor and places il
i'm the custody of tine sheriff. or some
other officer of the court. damage
viii be done TO thu states case as
against the defendants herein. by
reason of the facts set forth.
That after said court had made
the order directing the sheriff 10 Sc
cure from said said chief or police
said Intoxicating liquor. said prose
cutor had a conversation with Will
liam Cassidy. assistant chief OF po-
lice Of the city OF South Benz. IN
which said William Cassidy positive
ly and emphatically stated that said
intoxicating liquor would never be
delivered int o the hands OF the sher-
in; that he intended to keep said in
tONicating liquor for the federal Of
hcers and that under no circum-
stances would the local courts get
control Of said Intoxicating liquor
Said prosecutor called the atten-
tion of said William Cassidy TO the
fact that the order OF the superior
court was directed against Peter
Kline. chief OF police. and not Will.
liam Cassidy wherupon said wiz
liam Cassidy replied that it all
10 the same thing. in view
Of the fact that ne was regarded as
the actual executive head of the po-
lice department. and that therefore
ne personally assumed the RESPONSE
bility for the statements he was
making 20 said prosecutor.
Fails To Get Liquor.
That al the time the sheriff went
10 the city haH for the purpose Of
executing the order made 10y this
court. said William Cassidy stated to
said sheriff that he. said sheriff
would not get said liquor. and that
he. said sheriff. would never know
where said liquor was being kept,
and said sheriff was unable TO pro-
coed at said time with the execution
of said order
That under all Of the circum-
stances. said prosecutor represents
20 the court that said Peter Kline in
Lis motion has failed 10 indicate in
any manner wherein said court has
not the legal power TO make such
order and said prosecutor contends
that said order is in accordance with
the laws Of this state and that said
court for the protection OF the
states case should Immediately di-
rect the sheriff 10 execute the ordef
heretofore made by said court and
that said Peter Kline be compelled
Go deliver over 20 said sheriff said
intoxicating UOuOr i'm com pliance