South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-06-27
JUNE 27. 1919.
THE BARRETT CASE AND POLICE CAM
OUTAGE"

The verdict in the Tony" Barrett blnd-tiger case.
rendered Thursday in the superior court, was exact
IL the verdict 10 be expected under the evidence.
Neither was it the fault OF save the police
department. and men high in the police depart
rnent at that that there better evidence. To
begin with the raid Of Feb T. Of which the trial
grew was intended by the high police officials only
as 'camouhsge" and no effort made 20 get or
preserve testimony upon which conviction could
be had Even what they did have was allowed 10
minimize into nsignidcance.
The nevvspa pers about that time dsputng
the freedom Of the city from bnd-tgers, boot
iegrers bavdy-houses. and gambling bells: never
mind which newspapers-of course il not
Only the organ of Gods own Party"
Main St. ever complains OF a lack OF law enforce
ment under the present city administration of its
political faith: its gift brought down from above
20 bless this people Consequently kind OF
showing had TO made when it comes TO MAX
ing a showing and stopping there Tony" Barrett
always makes bright and shining star. So they
raided Tony" raided him again" The idea
10 Just raid him get something in the papers. and
letting it go at that little anticipating the
would ever be forced trial Chief OF Police Klines
appeal 20 Pros. Schwartz to drop the cases and
start all over again" is as much evidence one
needs TO establish the departments lack of good
faith.
then what happens the trial? Onicers
Barnhart, Polio. Koczcrowski and Cutting 30
the stand testify. They took a number OF con-
tainers OF liquor. liquid that looked liquor
from Barretts owl saloon. Barnhart, Polio and
Koczorowski say they sampled it and it was whisky.
but they sampled only container, and that
tanned less than a gallon Cutting can't remember
anyone sampled it; indeed inclined TO
remember that they didn't That is the evidence
that to the jury the only evidence that could
go 20 the jury with any effect since the contents
OF all the containers have turned 70 be only
colored water, after sojourn at police head
quarters.
Get the point OF aoquttal right there and the
with which il he sharIened The department
had managed have less than a gallon Of the liquor
tested at the time Of arrest, though by three men
with then a fourth one doubling if there was any
sampling done az all. This supplied no direct evil
dence OF liquor in the other containers which would
have brought the supply up to several gallons in
excess OF the legal exemption There was nothing for
Judse Montgomery do but instruct the jury
that under the act possession less than gallon
Of whisky carried presumption Of an intent 10
violate the law by selling IL, while possession OF
more than a gallon did carry such presumption
and the evidence was conclusive when un-
coupled from the reputation OF the "OwI" saloon
not in evidence. that more than one containe- and
that less than a gallon had whisky in them
One can hardly criucise the jury for this verdict
The courts instructions were an within the law
The jury could have guessed there was liquor in
the other containers but the proof was not before
them Pros Schwartz never heard of the testing OF
the liquor being limited 20 one container until the
trial The jury Is eNonerated the court is justified
the prosecutor did his best and Barrett was ac-
quilted. but the police department stands convicted
OF absolute void OF g., ercse Of brains or Of
moral or legal purpose in making the raid. or in
bringing the alleged offender to justice. a police
chief with enough brains 10 pound sand would have
instructed his men If really meant business 10
be sure 20 get more than gallon OF liquor and 20
tes, an containers until they had tested more than
gallon Tony Barrett ought TO bring suit for dam
ages against Chief Kline FOR messing up his bust
ness and for taking from his place under that
seareh-warrant liquor. as found by a jury 10 he Of
less quantity than that which he was permitted bv
law possess
We believe that the police got more than a gallon
Of liquor and that real intoxicating whisky al
that time. Perhaps 10 would not be eood sports
manshiP on the part of Barrett TO turn against a
man who has helped him ont or trouble so nicely.
as Chief Kline has done whether through brain
lossness or Intelligent purpose. bur damage suit
To- misuse Of search-warrant ss the records now
show mas been done in This case would perhaps
and Doe distinct public service Il is Mr. Rarretts
chance 10 redeem himself
It would oncourase cessation OF oamouna-e ar
rests for the moilycoddling Of The superhnc with
out carrying along with them the evidence TO back