The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-11-17
United We Stand, Divided
We Fall, Motto Of HOr-
nacek and FilkO.
SEVEN WOMEN JURORS
Case Closes This Afternoon
defendants Charged with
Sale on Two Counts.

With seven women and five men on
the Jury, the case of the state against
Hornacek and Filko opened in the CIR
cult court Tuesday afternoon at four
o'clock. The state is holding Stephen
Hornacek and Joe Filko jointly liable
as partners\in the saloon at "a Milwau-
kee avenue for Liquor sales on two
counts as returned by grand jury in
dictments The testimony shows the
sales to have taken place on December
81, 1920 and February TO- 1921.
Judge BeIden Pushes Cases.
The Hornacek and Filko case was
called by Judge Belden at four o'clock
Tuesday afternoon just as the Kuz-
mich case went to the jury and showed
that he meant to put into action his
announcement that the cases were TO
follow on one another's heels with
briskness and speed.
All of the attorneys, Mortimer Walk
err and Frank Symmonds for the prose-
cution and R. V. Baker and A, L.
Drury again and still representing the
defense, settled into tnelr seacs once
more with little air of WEAKNESS.
"Had your honor contemplated an
adjournment until tomorrow morning :"
asked District Attorney Symmonds
hopefully as the five o'clock whistles
blew and the court still continued.
81 had not" replied Judge Belden,
indicating that the court was willing
to stay until six o'clock or even later,
if necessary. At $50, however, court
was adjourned, as one of the witnesses
expected to complete the case for the
state was not available. Court was adj
iourned until nine o'clock this morn
ing when court again commenced
smartly with all the attorneys in place.
Hayes Tells of Purchase.
Joseph Hayes, chief witness for the
state, testified that he had purchased
drinks at "a Milwaukee avenue on the
night of December 81, 1920 of Joe Fill
ko and that he could not remember
whether Hornacek was present at the
time or not. Hayes testified that on
February 10, 1921, Filko took him to-
gether with Harry Harrington to the
Maple House to secure some case
whiskey, but found it not available,
whereupon Filko said that he had some
bulk whiskey to sell. Accordingly they
went back to "a Milwaukee avenue
where in the rear room Filko filed
four quart bottles of bulk whiskey for
Hayes. Hayes gave him a $50 BILL
whereupon Filko went to the cash reg
lister, made change, and handed back
two dollars. One of the quart bottles
was entered as evidence, duly identi-
fed by Hayes and w. w. Burgett, who
as been in charge of the investigation
.ere for the Russell detective agency.
Defense Disputes Partnership.
Attorneys Drury and Baker made no
objection to the evidence and did not
dispute the testimony of the sale. They
confined the attack Of the defense to
disputing Hornacek's liability and at
lacking any testimony tending to show
their partnership. By the testimony
of City Clerk George w. Harrington it
was shown that the Glass A permit to
run the place had been issued to Hor-
nacek. The testimony showed the
transactions to have been made
through Filko.
Hayes testified, however, that on one
occasion when he saw the permit at
the saloon, he asked Filko why the
permit was issued to another than
himself and Filko replied "Hornacek
is my partner" Hayes also testified
that Hornacek was present when Filko
sold the bulk whiskey and commented
ON the purchase made by Hayes, saying
that they were getting good whiskey
at cheap price.
The women jurors in the case were
Elsie Stevens, Flora ~Westlake, Ada
Holden, Clara Carter, Caroline Bar
rows, Hulda Petersen and Helen Zens.
FilkO Spells Defense Case.
Joe Filko, one of the two partners
of Hornacek & Filko, by his own testi-
mony Occupied the witness stand for
the defense this morning up until noon.
Filko did not deny having given Hayes
four quart bottles of whiskey on the
night of February 10, 1921, but he
contended that he had gone out and
purchased the whiskey for Hayes as an
accommodation, that he made no profit
by it and that he had no whiskey on
the premises at "a Milwaukee avenue
at the time. Under the extensive cross
examination of Mortimer Walker, Fill
ko made rather a better witness for
the state than he did for the defense
Previous to Filko's taking the stand
Attorneys Baker and Drury had built
up an elaborate defense in which it
was their contention that the state had
not proved the partnership of Horna-
eek and Filko. Filko himself, however
broke down this defense himself by
referring repeatedly on the witness