Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1921-06-22
STATE TO APPEAL
IN SMALLEY CASE.
(By Harry lander. }

motion for q new trial of Judge
Sherman E. Smalley, Cuba City, who
won his case Thursday before a jury
which was besought by the state to
unseat him for alleged violation of
the corrupt practices act will be
made this week in circuit court here.
Attorney G. F. Clifford, Green Bay,
appointed special state prosecutor by
Atty. Gen. Morgan, Saturday an
nounced he would file a motion for
new trial this week. Briefs will be
submitted to Judge A. H. Reid Wau?
sau, who presided at Judge Smalley's
trial, before June 80, and arguments
heard.
May Go to Supreme Court.
In the event that the motion for a
new trial is denied by the court, the
attorney general may direct an APP
peal to the state supreme court, al
though Attorney Clifford declined to
comment on this possibility. Those
close to the case, however, call at
tentiOn to the fact that certain ques-
tons of fact, which are ordinarily
not subject to appeal to the supreme
court, may be taken up for considera-
ton to the high tribunal
Chief among these questions of fact
which the state can appeal on, is the
question as to what constitutes pub
LEGATION and circulation" The Judge
instructed the jury that the showing
of a document to intimate friends and
advisors did not indicate corrupt ac-
ton, if it were done for the sake of
seeking counsel and advice. Attorneys
declare that there are instances of
record in which debating a false doc
ument to stenographer or showing
it to anyone, no matter how close or
intimate the relation, constitutes pub
LEGATION.
Slight Bearing on Hutton Trial.
The effect of the case here and its
bearing upon the trial of r. P. Hutton,
head of the Wisconsin Anti-Saloon
league, in Milwaukee, where he is
awaiting trial under bond for viola
ton of the corrupt practices act, is
slight, attorneys declare, except that
part of the alleged false statements
in the letter circulated by Hutton are
said to have been taken from the
leaflet in question in the Lancaster
trial, prepared by Miss James and Mr..
Lincoln, and transplanted to the Anti
Saloon league letterheads.
Inasmuch as both Miss James and
Mr.. Lincoln admitted on the witness
stand under oath that part of the cir
cular was groundless and that they
were not positively certain of the
truth or falsity of other statements,
and inasmuch as the court here in
structed the jury that if the defend
ent circulated statements concerning
whose truth or falsity he was ignor
ant he might be considered under the
! law as publishing statements, false
to the knowledge of the defendant"
it is possible the Hutton trial will
take a different turn. Instead of be-
| ing based on the primary question of
did he personally or through auth<
orized agents circulate the alleged
false statements, the trial will be
based more particularly on the falsity
or truth of the declarations.
Holds LeafIet Law Violation.
| In this connection the comment Of
Judge Reid early in the trial of Judge
| SmalIey may prove to be significant,
| Judge Reid said:
ITO shorten proceedings here, the
court will say that it is evident that
/ the circulation of a leaflet, Why Judge
Bancroft Should Not Be Elected, is a
clear violation of Section 1916 of the
corrupt practices act"