The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-11-03
Circuit Court Opens This Morning in Case of
State VS.. BlOxdOrf With Battle Royal
Between Attorneys.
MAY JUDGE DEFEND CRIMINAL CASE
War of Personalities Opened by Baker Brings on Fire
from Walker Who Points to High Office of
Other and Effect on Case.

I
ually as his or her name is called,
and answer yes or no.
Have you been approached or com
municated with by any one in any
manner concerning any case that is on
this calendarW
Each of the jurors, except one wo-
man responded in the negative; the
woman, after a concultation with the
! judge, was dismissed. The preliminar-
les began. Eighteen jurors were called
into the box to await the process of
sitting to be done by prosecutors and
| defense attorneys; among this first
body were five women, Clara Carter,
Caroline Barrows; Ida Martin, Mary
Moore, Flora Westlake and Elizabeth
Kaufman. Clara Carter was the first
to be called and therefor the first to
be questioned.
| Special Prosecutor had just begun
his examination of Miss Carter when
Baker rose and interposed with his OBJ
lection. Mr.. Walker, somewhat sur
prised and taken aback, sat down.
Mr.. Baker: I object to Mr.. Walkers
]
case, for the reason that there is a
legally qualified, acting district at
torney for Kenosha county in the per-
son of Mr.. Frank S. SymmoYfds.
Mr. Walker: Don't you want me
to appear in this court? If so, I
should like to have the matter argued
at length. If there is any validity to
the objections, any basis for argument,
there is no one who would like to hear
it better than myself.
Judge Belden: State your reasons,
Mr.. Baker.
'I assume" said Baker, "that Mr..
Walker knows that under our state
of government, all criminal cases are
under the supervision of the legally
constituted officers Of government. A
court is comprised Of judge, sheriff,
jury, district attorney, and the duties
of the latter are well-defined by sta
tute. In any trial, it is the duty of
the district attorney to represent the
state of Wisconsin in any criminal
prosecution. No other attorney at the
bar may come into court and usurp the
powers and duties of such district at
torney. Neither counsel for the de-
tense has been appraised of the rea-
son why Mr.. Walker sits at this table
in the place of the legally qualified
district attorney"
Judge Belden: Mr.. Walker has beer
regularly and duly appointed assistant
to the district attorney by this court
Baker: still object to his acting
as such unless the appointment has
been made by the court for his act
ing in this case.
Judge Belden: Mr.. Walker was duly
appointed assistant to the district at
torney about February 9, 1921. He
was again duly appointed at the time
Mr., Frank Symmonds took the office
of district attorney, and has been act
ing as such. However, at the reques
Of counsel for the defense, it is now
ordered by this court in its discretion
that Mortimer Walker be hereby ap
pointed assistant district attorney il
the case of the State VS.. Julius Biloxi
dorf"
Symmonds Adds His Special Request
"And / would like" here interveneC
District Attorney Symmonds gravely
chat the record will show that it i!
at the special request of the distric
attorney"
Judge Belden: Proceed, Mr.. Walker
"The defendant in this case," sait
Walker to the jurors, "is charged will
having sold whiskey for Intoxicating
drinks to one Eugene Birmingham, OIL
June 80, 1921.
The evidence will show that Pete,
Fisher, Jr., and one Frank Swift, &C
companied Mr.. Birmingham to Mr.
. Bloxdorf's place where the sale wa
made which we claim was made"
Walker then examined the juror
generally and as whole by asking i
any of them knew the defendant or an!
of the attorneys in the case.
Walker Intercedes With Objection.
Baker then rose for general ex
animation Of the jurors in behalf o
| the defense, and he had hardly takel
i, the floor when Walker intercede'
= with an objection.
Walker. With your honor's permits
sion, here enter an objection to tn
/ county judge of Kenosha county APP
pearing in this criminal case for tn
defense, while occupying the high pc
sition Of county judge. am not read
| with citations from legal standpoint
But it seems highly improper that i
the defense of a man charged wit
crime there should appear as counsel
man in high Office who sits on tn
bench In the court just below
| Baker: These objections are endin
to prejudice the Jurors against thi
defendant. These. remarks are reall
against Julius Bloxdorf more tina
against R. " Baker.
| Judge Belden ordered the jury t
withdraw and an unrestrained argr
ment between counsel then took p}ac
| these are not remarks against NJ
| Baker" pursued the special prosecr
tor, "but are made in the interests {
: justice. In the absence of the nun
) cipal judge, Mr.. Baker acts as exam
l, lining magistrate and appears as jude
in cases such as this. He sits q
e judge in the preliminary hearing an
: also on trial, in the absence of til