The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-11-03
Is Ordered to Jail When He Refuses to Answer
Questions in Regard to the Sales
of Liquor.
TALKS MORE
Tense Situation is Brought in Trial of julius BIoxdor
When Court Orders Witness Taken from
Court to Jail-May Talk Later.
BULLETIN.

BULLETIN.
Eugene T. Birmingham purged
himself of contempt and told the
whole story of the little party out
at the BlOxdOrf Tavern on the both
of June last, which eliminated in
the injury of District Attorney
Peter Fisher, Jr., and many SUBJ
Bequent complications. Berming-
ham evidently tried to hold moth
ing back as he told the story of
the drinking bout.
eve reached the place between
eight and eight-thirty" the wit
ness said. He said that he had
bought, to his best memory, eight
drinks and that he believed that
other members of the party, the
former district attorney and Frank
Swift bought in their turn. He
said that to the best of his recOl-
lection all of the drinks were sold
by BlOxdorf, but that it was pos
sible that someone else might have
served the party. He said that the
three men drank at the bar and
in the booths and that to his best
knowledge they were served with
whiskey. He said that he had or
dered whiskey and believed he
got It.
Birmingham said that he did
not know just how Fisher had been
injured as he was not in the place
when Fisher fell. He said that
previously Fisher had not appeared
to be intoxicated to such an ex-
tent that he would fall.
Birmingham said that the price
Of the drinks had been seventy
five cents each and that he be-
lieved that they were served both
before and after midnight. BERN
ingham is still on the stand and it
Is expected that the defense will
give him rigid cross examination.
This morning at ten thirty o'clock, il
the most electrifying scene that eve
took place in the. circuit court of Ke
nosha county, Judge E. B. Beldel
Eugene Birmingham, wealth.
lumber dealer, to the county Jail TO
refusing to testify in the case of tn
State VS.. Julius Bloxdorf, for a perio,
not over thirty days or until he wa
willing to appear as witness.
Uttered in the quiet silver tones o
the judge, the order nevertheless cam
like a clap of thunder on the cour
room, and audience and attorneys TO
the defense alike sat in complete, sill
ence while the witness left the stan
and was lead out through the court
room under arrest by Undersherit
Knipfer.
Case Blocked by Refusal of Witness.
Up to that moment the defense ha
seemingly had their own way. Jus
after three o'clock yesterday the jur
in the case was sworn in, and Eugen
Birmingham was the first witnes
called by the state to testify. Imme
diately, however, he refused to answer
claiming his constitutional privileg
on the grounds that his answer Nigh
incriminate him.
Birmingham had been so advised b
his attorney, Walter Hammond, VIII
was present in the court room. TIL
case for the state blocked and it seem
ed for the time being permanent
blocked. If Birmingham and Swift
and Peter Fisher, Jr., refused to test
fly to the sale of whiskey to them b
Bloxdorf on the night of June 81
where was the case for the state?
The jury was sent into recess an
the court itself adjourned to chamber
where the matter was argued unit
close upon five o'clock. At that mo
ment Judge Belden announced that h
would take the matter under advise
ment and that court was adjourned un
til ten o'clock this morning.
Clan Gathers Early.
Meanwhile this morning the ella,
again gathered. All the attorneys o
the city came in to hear the judge
decision, which was looked forward t
with huge, interest. Birmingham, it i
said, was fortified with message frc1
the attorney general in answer to
telegram that was sent to Madison b
his counsel, to the effect that he di
not have to answer the question, bu
that he was strongly advised so to dt
The judge mounted the bench an
the court opened. There was an in
slant stiffness, as the roomful of spec
tators and attorneys awaited the rul
ing from the bench. A moment O
Nrprise was experienced, as Judg
}lden said simply, Eugene Berming
m come forward"
With Birmingham in the witnes
stand, Judge Belden asked him if h
knew that the people of Kenosh
county and of the state had expende
much time and money for the purpos
of Furnishing violators of law, and j
he realized that the interests of all tn
people were to be considered as we
as those of one individual.
When in spite of all the pressur
brought to bear from the court, TIL
witness was ordered to answer by tn
court itself, and still refused, Judg
Belden said, "For contemut of cour
the witness refusing to answer, he !
ordered committed to the common la
of Kenosha county, until he decides t
answer questions, for a period not t
exceed thirty days. The sheriff wi
remove him"
Next Witness More Obliging.
While Birmingham was removed wit
the court room in petrifed silenc
frank x Swift was called to the stant
nd proved instantly a more loquac