The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1920-12-02


master, senior counsel for Lang, the
hearing on motions to set aside the
verdict and for new trial was adj
journed until January 8, 1921.
The whole hearing this morning
lasted less than five minutes and was
limited to the filing Of the formal mo-
tions and the affidavit of the attorney.
Attorneys Fisher and Stewart, who
were in court, made no objection to
the adjournment of the hearing Lang
was led back to the county jail with
the understanding that he is to be
kept there until the matter is finally
decided.
Says New Evidence in Sight.
The affidavit of Mr.. Buckmaster de-
clared that new evidence had been dis
covered in the case. "No, l do not
want to talk. about even the nature of
this new evidence" said Mr.. Buckmas-
ter. II have not investigated it at all.
1t may not be Of any value at all when
it is sifted out, but it is going to take
time to follow it down. believe that
if the facts in regard to this evidence
are as they are related to me, that it
would warrant the granting of new
trial to Lang. I am not going to talk
of this until the facts are laid before
the court at the adjourned hearing"
Attorney Stewart this morning filed
with the court his bill for aid in the
prosecution of Lang. The total was
1885, the exact amount allowed by the
statute under the order by which he
was appointed by the court.
Formal Papers Filed.
Here are the formal applications for
the new trial and the affidavit Of the
attorney as filed in the court this
morning:
AFFIDAVIT.
A. f. Buckmaster, being duly sworn
on oath, says, that he is senior counsel
for Frank Lang, the defendant above
named, and makes this affidavit on his
Nehalf for the purpose of securing ex-
ension Of time in which to investigate
the law and evidence and to prepare
arguments in favor Il a new trial in
said action.
Affiant further says that in the trial
of this action, lasting practically two
entire weeks, both members of the firm
Of Buckmaster e. Hammond devoted
practically all their time to the trial
of said action, neglecting their private
business in such manner that the same
was practically at a standstill during
the entire time and that the same was
true prior to the commencement of the
t,.io1 That eaSJ oAR ID
great sacrifices of time for the purpose
of preparing the defense in said action
and upon the termination of the trial
they found matters so congested in
their Office that it required several days
to get matters Strengthened out and to
catch up with the neglected work.
That because of such congestion and
because of the fact that the incidents
of said trial present more than the
usual number of questions of law
which should be carefully considered
and digested as basis of argument
for new trial, said attorneys have
found it impossible to prepare properly
a brief or arguments in support of
their position on behalf of their client.
Afiant further says that since the
termination of said trial MANY evil
dentiary facts have come to the knowl-
edge of said attorneys in connection
with said action all pointing definitely
to the innocence Of the accused which
said facts were not known before the
termination of said trial and which
were and have been discovered since
the verdict was rendered therein.
That said facts are most vital and
material so far as already discovered
and require the most incessant and
painstaking search in order to COM
plete the chain of evidence on the be-
half of the defense to establish fully
his innocence Of the charge upon which
the defendant was convicted.
Affiant further says that as fast as
such facts have come to the attention
of said attorneys they have made care
full note Of the same and have endeav-
ored at once to run them down and to
determine their weight and truthful
ness in each instance in order that
their full bearing upon the question
of guilt or innocence of the defendant
might be determined. That in at least
two instances persons who are claimed
to have knowledge of vital facts have
not been found but are known to be
somewhere in the county.
That it is impossible to make full
and final determination of the facts
referred to in time for the hearing of
the motion for new trial on the goth
of November, for the reason that some
of the persons in possession of the
facts referred to have not been found
but can be found as afiant believes
within reasonable time. That it is
highly important to the defendant that
this matter be fully investigated and
that the law be fully briefed and di-
gested with reference to the alleged
errors occurring on the trial and that
said investigation of facts and law and
preparations for the same for hearing
on said motion will require an extern
sion of at least thirty days for the
preparation of arguments and evidence
A. z. BUCKMASTER.
Motion for New Trial.
Now comes the defendant, Frank