The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-11-24
Indictment Charging Booze Sale on One Count
Heard in Circuit Cc1rt This Morning
and Jury is Out. a~s
TWO MILKOWITZES PLEAD GUILTY
Meise and Rademacher, Who Pleaded Guilty Tuesday,
Made Final Settlements in Court Today -
Court AdjOurns Until Monday. .....

both being charged with unlawful sals
OF intoxicating liquor. The altered
pleading came at the end of the day
after the jury in the case of Morris
and Mollie charged jointly on one in
dIctment with unlawful sale, had heard
all the evidence in the case.
The sale charged was that of gall
lon of alcohol on March is, 1921, by
Mrs. Milkowitz, to J. P. Hayes. Att
torney Drury, who with R, V. Baker
represented the defendants, sought to
have the case dismissed on the ground
that alcohol was not a beverage.
II move that the defendant be dis
missed" said Drury, con the grounds
that the indictment states no offense
against the statute. The charge is
that the defendant had in possession,
and SO forth, intoxicating liquors to-
wit, one gallon of alcohol. Now in
toxicating liquors as defined under the
Mulberger law, under which this case
IS being prosecuted, is construed to be
and include all liquors containing moze
fsss-i---srt-s AZ par esrt oE 1ic0a6l cap
able of being used as beverage.
Some Take it Straight.
Now defy anyone to say that al
cohol is capable of being used as
beverage. It is we'll known to be
poison, and possession or sale or trans
portation does not constitute an Of
Tense under the Mulberger law, though
am frank to say that the Severson
act does include alcohol"
Judge Belden: "Do you know of any
ruling on that point?"
Drury: "No, but a dictionary of
drugs will be to the point or your
knowledge of the common affairs
of life"
Judge Belden: "Then I must say
that I have heard of persons taking
alcohol straight"
Drury: Eyes, I've also heard of peo-
pie taking carbolic acid straight"
Walker: sob, but not more than
once"
Drury also held that Milkowitz could
not be held liable for the acts of his
wife, as he did not negotiate the sale
of the alcohol and it was not in his
presence. The court asked to hear the
states evidence before ruling.
Hayes Tells of Sale,
Hayes, Harrington, John iJaeobg and
City Chemist Miller were called as
states witnesses, and testimony given
as to the sale of a. gallon of. alcohol
by Mrs. Milkowitz to Hayes for the
sum of $25. A quart of the alcohol
was introduced as evidence.
Following recess after the states
evidence was in and. the attorneys had
discussed the merits of the case in
formally, Drury entered motion that
the action be dismissed as to the de-
PENDANT Morris and offered to change
the plea as to the defendant Mellie.
That's agreeable to. the state"
said Walker. tf{sA%,tJES.
"Mrs. Milkowitz what do you say
to the changer" asked the judge as
the defendant came forward.
81 am guilty" she said.
Following the disposal of the case,
the other Indictment against Morris
Milkowitz' charging unlawful sale on
two counts, was called. The state
nolled the first count of the indictment
and Milkowitz pleaded guilty to second.
Meisel and Rademacher Settle.
Clerk of the Court Benz DeDiemar
was busy at the end Of the day count
ing greenbacks, a huge pile Of which
was put in his hands as fines imposed
by Arthur Meisel and Carl Rademach-
err. With the fines and costs Of the
case the amount totalled more than
$1,000 in each case.
In imposing the fines upon the de-
PENDANTS Meisel and Rademacher Tues
day afternoon, Judge Belden said:
"You have each been indicted by the
grand jury for perjury in the first
count and false swearing in the sec
ond. Perjury and false swearing, more
than you perhaps realized at the time,
are very serious offenses. oaths TAX
en- in any judicial procedure, and es-
pecially in the courts and before the
courts grand jury, are not to be
lightly regarded.
"The penalty for perjury is from
two to five years in the states prison,
and the penalty for false swearing is
by imprisonment in the state prison
not more than three years or in the
county Jail not more than one, or By
a fine not more than $1,000.
"Haying taken into consideration ali
of the circumstances of the case, I
am not disposed to impose a penalty
of Imprisonment, but shall instead
impose the maximum penalty by way
IF fne.'