South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-05-23
EVIDENCE IS
DEMANDED BY
PROS. SCHOCK
Wants Police to Stop Wasting
Taxpayers Money and
Courts Time With
Bogus Tales.

Deputy Pros George A Schock
threw down the gauntlet to the po-
lice department Saturday when he
refused to go to trial in a liquor
case when it was a foregone conclu-
sion that the evidence would be in
sufficient 10 obtain a conviction.
The deputy prosecutor declares he
is tired or wasting the time of the
court and the money of the taXpay-
ers in attempting TO try liquor cases
in the city court when the police
either Intentionally confuse the evil
dence so that a conviction is impOs-
sible or go into court with INSULT
Cient evidence, as was the case sew
eral times during the past week.
A week ago Saturday night the
police arrested John HoltZ, owner OF
restaurant on South st. and Lafay-
cite blvd. charging him with the I'M
lawful possession of liquor for sale
Refers to Section.
The police have been informed re-
peatedly that the Indiana supreme
court has ruled that section 80 OF
the Indiana prohibition law, in which
the possession OF more than one
quart Of whisky is prima facia evil
dence that the possessOr of the liquor
has il for sale, is not a penalizing
section, and is wholly without force.
The police. too. have been told re-
peatedly that in order to obtain a
conviction in a charge of having the
possession of liquor for sale. there
must be some evidence of a sale. or
evidence of an intent 10 sell i'm addi-
ton To the prina facia provision in
h Haf ion
law.
However. in spite of all this, the
police repeatedly take cases into the
city court I'm which the defendant is
charged with the unlawful posses
sion of liquor for sale and then fail
to submit any evidence Of sale or
even of an intent 10 sell.
Find Half Quart.
In the case of John HOltz the po-
lice found one-half quart of whisky
between two partitions in HOltZ' res
taurant On top of the partition
was found a small glass. That was
all the evidence the police were able
10 submit. There was no evidence
that Holtz either sold or intended to
sell any OF the half quart of whisky.
The deputy prosecutor refused TO go
to trial with the case on the evil
dence submitted TO him by the po-
lice. when the law demands that the
defendant be given every benefit of
doubt
Il am perfectly willing TO try all
liquor cases in which there is a rea-
sonable amount of evidence, but /
am tired of wasting the courts time
and the taxpayers money in forcing
to trial liquor or any other cases in
which there is insufficient evidence,
and where it is a foregone conclu-
sion that the defendant will be ac-
quilted" declared Mr.. Schock. fol-
lowing his dismissal of the Holtz
case.
Just before the Holtz case was
called. the city court was again the
scene of one Of many instances in
which an acquittal Of the defendant
was forced by the failure OF the po-
lice witnesses 10 submit evidence i'm
a liquor case of a sale or OF an in
tent TO sell.
Not Guilty.
Ignatz Kapuy was arrested May 6
for having in his possession one 10
gallon and two five-gallon kegs Of
wine. The kegs containing the wine
were found on a wagon on s. Frank
lin St That was all the evidence the
police were able TO submit. They
knew nothing of any sale or of any
intent 10 sell. and in view of the
supreme courts ruling on section 35
OF the Indiana prohibition law. the
court was forced 10 find Kapuy not
guilty.
Then when the police do succeed
in obtaining sufficient evidence of a
sale OF liquor, and il appears rea-
sonably certain from the evidence
that conviction may be obtained.
the police witnesses invariably iden-
tify the wrong man.
This took place four times in the
city court during the past week. The
police witnesses not only identified
lCON-rINI-ED OK PACE rrOI-r, \