The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-11-03

drink being of about two punches in
quantity. Swift said he did not know
whether it was whiskey or not, but
they had called for whiskey, it looked
like whiskey and it tasted like whiskey
1t Scratched" Going Down.
"Well," said Walker, "did it have
any kick in it?"
81 couldn't TELL" said the witness.
"Did you feel it on the way down %
"Oh, it might have scratched lit
tle," responded the witness. The au-
dience burst into a guffaw, with the
result that the judge called the at
tentiop of the undersheriff to the
maintenance of order.
Swift testified that they had paid
fifty or seventy-fve cents glass, he
couldn't remember which.
Attorney Baker, cross examining the
witness, elected from him the infor-
nation that the party had had drinks
that afternoon of June 80, both at the
bar of the haywood Hotel and also at
Fisher, Jr.'s office, all of which drinks
tasted like whiskey, smelled like whis-
key, looked like whskey and Scratch
ed doing down" though the witness
said that he was unable to say whether
the stuff was intoxicating or not.
John and Richard Dowse, town of
ficials Of the town of Pleasant Prairie,
were next called to give evidence in
regard to the granting of the license
to Bloxdorf. rf
Suggest Habeas Cornus
After the testimony Of Swift the
court took recess and the one thing
under discussion was the fate of BERN
ingham. Attorney Walter Hammond
who had served as his adviser, came
into the court room and asked for the
exact statement of the court in his
sentence of the witness and madeq 6
transcript of the records of the court.
1t was suggested that an application
might be made for writ of habeas
, corpus but none was served on the
: court before the adjournment at the
noon hour. The big crowd in court
, was awed by the action of the court
l in sending the witness to jail as this
! was taken as criterion of what is
ito be expected in future hearings in
this and other cases growing out of
the grand jury.
Yesterday afternoon at 3:15 o'clock,
: Eugene Birmingham the first witness
called in the case of the state VS. Biloxi
dort refused to answer question put
him by Prosecutor Walker. The cues
d ton was, What did he, Birmingham
t Peter Fisher Jr., and Frank Swift do
Y at the Bloxdorf Inn on the night of
E June 80, 1921. Birmingham refused to
answer claiming constitutional privil-
: eye on the grounds that his answer
). might incriminate him. After a ses-
Q session in chambers between the at
{ torneys, and the jury retired, the court
returned at five o'clock and Judge
y Belden then pronounced an adjourn
= ment until ten o'clock this morning.
a Immediately with the opening of court
Judge Belden recalled Eugene Birm-
:, ingham to the stand.
t Judge Belden: Eugene Birmingham,
come to the witness stand, please. Read
v the last question, Mr.. WEIGH.
J. Court reporter Welch read question:
What did you do there?
! Walker: l withdraw that question,
! and ask you, Mr.. Birmingham, did you
| see any whiskey or intoxicating liquor
there at Bloxdorf's place?
. Judge Belden: Mr.. Birmingham, will
you listen carefully to my question
You know that the state of Wisconsin
and the county of Kenosha have ex-
pended much time, effort and money
in an endeavor to ferret out and pun
a iSb rip1ationc Of ho lor M 10 ~,
still respect for and secure obedience
S of law in this community? And do
0 you understand that in the administra-
S ton of justice and enforcement of law
! the interests of the state, that is of
a all the people, are to be considered as
Y we'll as the interests of one accused
of violation of the law?
t Before the witness could answer At
j. torney Drury interposed.
! "These questions" cried Drury, "are
: highly prejudicial to the interests of
the defendant in this case. / ask that
the jury be retired.N
{ Judge Belden ordered the jury to
e withdraw, and the jury filed into the
: jury-room.
Judge Belden: Why do you say that
G IHeSe UuGSGlOHS are pESJuuACldI W GuS
q defendant?
! Drury; They are preiudicial because
! while the questions may be put to the
a witness in error, at the same time
E whether in right or in error, the jury
cannot but believe that this court is
interested in eliciting information
from the witness.
Judge Belden: The court is interest
ed 1t is the courts duty.
Drury: We are entitled to try this
case with the jury believing that the
court has no interest.
: Judge >Belden: Will you advise me
= in what way you are concerned with
u a matter that is between the court
. and the witness?
. Druryi | am not concerned, and
i do not think the jury is concerned
And do not think the defendant is
concerned in matter that is between
h the court and the witness, but it is
:, the defendants right that the court
|, keep from the jury all matters thai
i are between the court and the witness
y Attorrev Hammond. attornev fol
~ z