South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-05-27
CALL DETECTIVE
TO TESTIFY IN
BOLSHEVIK CASE
Barber Accused of Over
throwing Government in
Circuit Court.


Detective Sam Koczorowski Of the
city police force. was the first wit
ness called by the state late
Wednesday afternoon after the jury
in the Circuit court was accepted
by both sides in the trial of Joseph
MihaleC, under grand jury indict-
ment for having in his possession
and distributing certain papers.
books and documents advocating
the overthrow of the government of
the United States"
The plain clothes man testified to
making a search Of the barber shop
AT 1862 :. Chaplin St. which the
defendant owned and where it is al
legged he kept the literature. Asst.
Chief Cassidy also testified to find
ing and then identified a subscrip-
tion list, which he said Mihalec
claimed was the list OF subscribers
10 the alleged seditious publication.
Verbal Tilt.
a spirited verbal tilt between on
posing counsel resulted when Asst.
Nemeth, who was called 10 the
Prosecutor Schock asked ID. d.
Nemeth. who was called to the
stand to act as an expert, to trans
late certain excerpts from one of
the pamphlets which was written
in Hungarian. Atty Isaac Kane
Parks. who is representing the de-
fendant objected. asking that the
entire book be translated and read
TO the jury and offered 10 furnish a
literal translation. He further told
the court that the Hungarian YER
sion was originally taken from the
English, which ne was willing TO
produce.
Outlines Case.
In opening for the state the dep
utv prosecutor outlined the case that
will be presented and said that il
would be proven that Mihalec had
asserted that he was "bolshevik." :"
Counsel for the defense waived the
preliminary statement. The mem
bers OF the jury are: Martin Witter
James RYDER, +. NJ. Barrows. Charles
J. Conrad, A. Whitesell. Jacob Ket-
tring. Peter Reeves. William Liggett.
W. + Hay. +. NJ. Ritter and Will
lam Brown.
The Mihalec case is the first legal
test Of the law enacted by the In
diana legislature on March IA, 1919,
known as the bolshevist law. Nina
lee was arrested in a raid on his
barber shop on Nov. 13. 1919. con-
Quoted by Asst. Chief Cassidy and
two detectives. Search of the shop
and the defendants home. 32S S
Taylor St, revealed a number Of
copies of alleged seditiOus publica-
tions and literature
Mihalec is charged with violation
OF the second section OF the act
which makes il unlawful TO possess
or distribute documents, books or
papers advocating the overthrow of
the government The law provides
for a penalty OF a fine Of not more
than $4,000 or imprisonment for not
more than FIVE years. or both.
Would Quash Indictment.
Attorney for the defense filed
motion TO quash the indictment on
the grounds that the facts stated in
the Indictment do not constitute a
public offense: that the act is un-
constitutional as II is an attempt to
abridge the freedom OF speech and
the press and that the act is in vio-
lation Of the fourth amendment TO
the constitution in that II violates the
rights of people 10 be secure against
unrea sonable searches and seizures
The motion was overruled by Judge
Lambert. and the attornews pro-
ceeded 10 securing n jury.
Mihalec is charged with violation
CONTINUED OK PAGE FOUR.) }