The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-12-22
BURKECHARGN
CALLED FAULTY
Knotty Question as to Lee
gality of Burke Indict-
Tnentg Raised.
INVOLVES ALL CASES
District Attorney Drops Case
when the Agreement Is
Exhibited.

torney Walter NJ. Burke of Kenesha
and etheW who have been indicted by
the federal grand jury on charges Of
laws was brought out Saturday in an
appeal heard by Judge Evan A. Evans,
sitting as district judge in the federal
district court of eastern Wisconsin, in
Milwaukee, when Attorney Patrick +.
Martin, Of Green Bay, appearing fer
the defendant claimed that all indict-
ments against Burke were faulty be-
cause they did not conform to the
principle that all overt acts charged in
any Indictment should show on their
face that they were done to ACCOM-
plish the purpose Of the conspiracy and
that they actually possess the power
to effeetuate that purpose.
The argument was made in eonnee-
ton with the metiens to quash all Of
the whiskey ring indictments against
Attorney Walter n. Burke and de-
cision must be made regarding it be-
fore further steps can be taken for
the trial.
DeelsiQn in Short Time.
The arguments by Martin and by
United States Attorney H. A. Sawyer
occupied almost the entire day on Sat
kurday, and the case was taken under
advisement by Judge Evans when they
were completed. Briefs were fled by
the attorneys with the court, and the
decision will be announced within the
next week or two, it is thought.
Burke is under Indictment in sew
eral different true bills charging him
with conspiracy to violate the Vol
stead act and with conspiracy to bride
federal officials. Those named with
him in any of the indictments Weuld
automatically have the charges against
them dissolved should the indictments
be auashed.
Almost all of the principal partici-
pants in the activities of the two al
legged liquor rings uncovered by the
last two federal grand juries are in
volved in the case for this reason,
Among them are Thomas A. Delaney,
former prohibition director; Joseph
Ray, former prohibition Inspector;
Bert Herzog, former dry enforcement
chief recently convicted of accepting
brides while in office; Louis Schrayer,
Truesdell saloon keeper; Hyman Cor
don, Arthur. Birk, Joel Jacobson,
Charles Erler, Kenosha saloon men;
Edward Kosterman, Kenosha banker;
Joseph Custer, former Racine internal
revenue agent; Jacob Grosscurth, Chi
cago liquor dealer, and Harry Feuer,
the famous Jacob .Lederer" Of Budar
trial fame. -
Sawyer Denies Fault.
The charge of faulty indictments, if
upheld, will necessitate the hearing of
the entire matter by a new grand
jury and the voting of new true bills.
Attorney Martin Spoke on each indict-
ment separately, pointing out alleged
faults of omission and commission
which he declared were sufficient to
Justify the granting of the motion.
The chief contention was that the
true bills lackednthe{ specifcness re-
CURED by law to properly apprize the
defendant of thei charges to be made
against him at the trial. Martin said
the indictment made use of the word
whisky" at various times when the
phrase Intoxicating liquor" should
have been used to conform with the
law. He said also that the indictments
failed to charge that Burke knew that
the liquor was to be shipped illegally,
and that there was no allegation that
the bribery of Bert Herzog was the
purpose sought in the transfer of GER
tain money referred to in one of the
covert acts"
United States Attorney Sawyer, in
defending the indictments, cited sew
eral conspiracy cases, among them the
famous "Jelke Oleomaragrine case" as
proof that the true bills conformed
to the law in points of defniteness,
certainty and speeifcness.
Evans to Sit Threughout.
He told the court that the indict-
ments against Burke fell into three
distinct classes, and that in each class
the overt acts charged to constitute
FAS SSASFtEA1S WE'VE ONkllHSu Win
enough completeness and defniteness
to satisfy the usual requirements of
federal law, according to decisions by
the Circuit Court of Appeals of the
Seventh circuit at Chicago.
Judge Evan A. Evans is judge of
the Chicago Appellate court, but he
was designated by Judge Baker, senior
jurist of the Seventh circuit, to sit in
the liquor trials in the cases where
affdavits of prejudice have been filed
against the local judge. Judge Evans
is expected to preside at all of the
trials in which Jacob Grosscurth and
Harry Feuer are involved, and pos
sibly in others.
Attacks V0lstead Act
In the course of his argument At
torney Martin attacked the censtitu-
tionality of the Volstead act on the
grounds that the eighteenth amend
ment did not authorize the clause re-
lating to "illegal possession"
eThe eighteenth amendment does
not give Congress one scintilla of au-
thority to make it a crime to possess
Intoxicating liquor" Martin told the
court. Il deny that congress had the
right to do it. 1t was moekery of
courts, a meekery of decisions, and a
mockery of the constitution.
Possession Prnnerfy RIGHT