The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-09-01

III ChaC court. The argument was bas-
ed on the fact that the statute Great
ing the municipal court of Kenosha
county gave to it Jurisdiction over all
cases IN which the penalty was less
Than five years imprisonment. The,
motion is regarded as most important
and it is admitted that if it should
prevail that it would force the nm
doing of much that has been done by
the grand jury and the restating Of
scores of indictments.
Cavanagh Presents Argument.
Attorney R. P. Cavanagh in present.
ing his argument, declared that he
was willing to do everything possible
to have an early determination of the
matter by the courts but he, announced
that IN case of an adverse decision on
the part of the circuit judge that he
would at once take the matter to the
supreme court of the state for a de-
clslon. Of course it would mean that
many cases would be held up for trial.
Attorneys representing the state de
c1ned to- dise,sss the quest or fsiss :;
| more than to SCI that it was a 1aatter
for important consideration. Thsv
admitted that the fight on this n36.ion
might halt half the grand jury prose
cutions in the cidcuit court. It was
expected that Judge Belden would file
decision in the motion today and
| that prompt appeal would be taken
II the decision was adverse to the de-
PENDANT. Attorney Cavanagh is the
only attorney appearing for the defen-
dants who has raised the question of
the jurisdiction of the circuit court on
account of the municipal court act,
Get First Plea of Guilty.
Judge Belden received the first plea
of Guilty" in connection with the
grand jury trials on Tuesday after
noon when Gus Anspach, charged with
transporting two gallons of moonshine
appeared in court for arrangement. He
entered plea OF guilty and was sent
enced to pay fine of five hundred
dollars and the costs of the action.
Anspach said that he could not saw
where the liquor came from but fthat
he had been at picnic and that The
had been asked where LIQUOR could he
obtained and he had told . of a man
VINO had offered it for. sale. sAnspach
mas been in Jail for. three weeks and
ne was brought out of jailtto answer
the charge against him. In the sent
ence OF Anspach it was said that the
court took under consideration the
fact that he had aided materially in
trailing moonshine in the : city and
county and while he was in Jail he
had given important information to
both the police department and grand
ury officials.
It is expected that the plea of Ans.
pach will be followed with otheN
pleas of guilty in court possibly, latsSs
in the week.
Many Arguments Heard.
Tuesday afternoon was sgiven over
to the hearing of demurrers in many
of the cases. The most interesting
OF these arguments was in the case4 Of
the State VS.. Charles Murray, who4was
charged with bribiRg Tom Fleming.
former town chairman, of the town of .
Salem. No denial of the facts was
entered nor was there an admission.
but Attorney r ". Baker who appear t
ed for Murray held that Murray SHOULD /
be discharged because the Office held
by Fleming was not one directly con-
nected with the enforcement of the
criminal law of the town Of Salem or
the county. He held that Fleming /
may have been guilty. of moral wrong |
IN accepting money, if he accepted it, I
but that he had no power as an official
to give any protection to sslot ma
chine if he wanted it. The attorney
argued that the enforcement of the
criminal law was in the hands of the
sheriff and district attorney of the
county and not of town chairmen. The
acceptance Of money for which he could f
grant no immunity it was held by the
attorney could not constitute the.crims
of bribery on the part of Murray
To File Briefs Later.
Judge BeIden rendered no decision
on the motion, but directed Attorney
Baker to file briefs by September 9Th.
The same action was ordered when
Attorney David S. Rose entered plea
of mot Guilty. for E. D. Kosterman
and Louis Schrayer and admitted that
he would question the Jurisdiction Of
the court On account of the fact that
these two men are now under indict-
ment in the federal court
There we're no court hearings set for
today but icsWas admitted that the at I
torneys were busy with new lines OF /
work Leading up tosgrand jury inEes-
legations.