The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-01-20

VINO naQ Deen described by 0Cnor VIII
nesses who had seen the "man in the
green cap" Mrs. Hughes declared that
she had attended a theatre and was
going to the Arnold and Murdoch ga
rage to get the auto when she saw
a man of similar description standing
near the garage. 1t was said that the
statement of Mrs. Hughes had been
voluntarily given to the attorneys for
Lang on last Friday and that it had
not been known previously. Attorney
Buckmaster declared that the police
officers had known of the fact that
Thomas had seen man running away
and that Thomas had expected to be
called as witness in the case by the
state and that he volunteered his state
ment to the attorneys for Lang after
the state had failed to call him. At
tOrney Buckmaster declared that both
of these affidavits supported the con-
tention of the defense that Lang was
not the man who killed Pacini.
As Mr.. Buckmaser concluded his
statement Attorney Lepine of Chicago,
addressed the court. He said that both
he and Attorney Baker had come into
the case only three days ago and that
they had not had time to read the
voluminous records in the case and
no chance to follow down certain leads
which had been suggested to them and
which appeared to be of great interest.
Judge Takes a Hand.
AS Attorney Lepine started his ar
gument for further time, Judge Belden
took hand in the matter. "You are
aware of the fact aren't you," said
the court, chat the verdict in this
case was received two months ago %
Lepine said he was and the court con-
tinued II am interested in any new
evidence which will tend to show that
Frank Lang is not the man who killed
Pacini. am very much interested in
any evidence of this kind, but I am not
interested in other features which
have been suggested"
Fisher Against Delay.
District Attorney Peter Fisher in re-
Spouse to statements made by the vari-
our attorneys representing the defense
or some one else, said that he had care
fully read a brief submitted to him
| by Attorney Buckmaster and that he
had found nothing in it to cause him
to believe that there was reason for
any further delay. 'The matter sub
mitted in these afidavits," said Mr..
Fisher, sis simply more of the same
kind of evidence which was presented
to the court at the time of the trial. |
can not see that it throws any new
light on this case in any way"
Attorney Buckmaster in reply said
that the affidavit of Dan Thomas filled
in gap in the evidence and showed
clearly what had not been shown in
the trial, that the man ran down
Maiden Lane came from point north
of Wisconsin street He declared that
the statement of Mrs. Hughes proved
the contention of the defense that the
man had been waiting at the garage
for the coming of Pacini and that her
statement showed that he was the
identical man who had been seen run
ming away after the shooting.
Executive Session Ordered.
At this point Attorney Buckmaster
declared that Attorney R. W. Baker
had an affidavit made by one of his
clients, which he believed should be
considered by the court. Mr.. Buck
master declared that the statement
had been made on Sunday and that
there had not been time enough to in
vestigate all the facts contained in it
and that this was further reason for
the asking of more time to consider the
| argument for new trial in the case.
Judge Belden insisted that the re-
llquest for an executive session to hear
the affidavits and other facts to be
submitted was shown to come from the
defense and that it show clearly that
the defendant, Lang, waived his consti-
tutional rights to public hearing This
was agreed to by the attorneys and the
court went into executive session.
Crowd Mumbles as it Leaves.
The court room had been crowded
/ The spectators had even crowded the
hall leading to the county court and
there were mumblings Of dissatisfaction
as Sheriff Rauen cleared the court
room. The representative of tie press
were sent from the court room along
with the other spectators and the only
people remaining at the session were
the defendant and his wife and the at
/ torneys in the case and members of the
bar. Witnesses were heard at the
executive session, William Bienemann
being the first to be called into the
room.
Says Police We're Warned.
One of the star pieces of alleged
new evidence in the case brought by
/ Attorney Lepine, is the story OF let
/ ter alleged to have been received by
/ Chief of Police O'Hare some time be-
fore Pacini was killed. 1t was alleged
that this letter had urged the chief
4 of police to watch the upper windows
at the Pacini theatre" but this state
ment is not borne out by the letter
4 The letter in question was received by
the chief of police on July 6, last. 1t
asked the police to look after viola
ton of the law at the New Majestic
Theatre. 1t was similar to other let
! tiers which Ind been received at the