Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1921-04-06
JURY DISAGREES
IN BLUE SUNDAY
CLOSING TRIAL
States Witnesses
Abused Vilely.

The case of the state VS. VIM.
Tracy Of Platteville, charged with vi
olation of the Sunday law in that
Tracy operated picture show on
the Sabbath was tried before local
jury Friday resulting in disagree
ment, three for acquittal and three
for conviction.
The case aroused considerable in
terest and the court room was filled
with local and Platteville people.
District Attorney Clementson intro
duced Mrs. Trenary, Miss Rundell and
Mrs. Weittenhiller, officers of the
Platteville W. c. T. u, as witnesses.
They testified to having bought tick
cts to Tracys show on the Sunday
night Of March 9Th. Cross eXamina-
ton by Attorney r. P Hess of Mil
waukee, representing the state moving
picture producers association, was
brief. Hess asked the ladies if they
knew that they also were violating
the law themselves when they bought
tickets They replied in the affirma-
tive.
The defense introduced various wit
nesses from among the ranks OF those
who patronize the Sunday show at
Platteville. All testified that the show
was properly run and that they be-
lieved it to be a distinct necessity in
affording recreation to Platteville
people, particularly the young.
The fireworks started after supper
when the case went TO the jury. Mr..
Clementson denied that Tracy oper-
ated as necessity" which would
grant him immunity under the sta
tute He also denied that necessity
existed on the part of the patrons but
submitted that granting this the nee
essity was the patrons and not Mr..
Tracy's. He ridiculed the ''uplift"
plea of the defense especially at 25c
per patron. In effect he said that
Mr.. Tracy was operating on Sunday
because it was his most profitable day
and that he had plainly violated the
statute.
Hess, the Milwaukee product i'm
ported to fight the case, gave rare
exhibition of how far a man can go
in being vindictive and abusive when
his victims are old and defenseless
and when knowing that he is strang-
er and will never come back, he can
go the limit. He Oyer-stepped him
self as such men usually do in such
cases and won the sympathy for his
victims of nearly every person in the
court room, the defendant included.
Following the trial Mr.. Tracy insisted
upon Hess making an apology which
he did Whether what he said could
be apologized for is a matter Of ques-
ton A Well-directed foot in the rear
portion of his anatomy would have
been the answer from most men were
their wives, mothers or sisters at
tackled as the Milwaukee Hebrew law
yer attacked three respectable women
of the county, who mistaken or not in
their motives, are Well-meaning and
entitled to respectful treatment.
Following are few of Hess's
terms: He advised Dist. Atty. Glenn
entson to accept the presidency of the
w. C. T. u, upon the resignation or
death of Mrs. Trenary He called the
ladies "shriveled, unnatural, old, dried
up women, -"endeavoring to domin-
ate the affairs of the community, =
''they are interfering with good,
strong, virile Americans" (such as
Hess, no doubt dried, wizened-up
old women, ''-"old maids ready to die !;
ready TO KISS InS uuSC, ILLS HO1y
triumvirate, living their Gried-up
lives, let them go with the tink-
ling of hallelujahs, three sisters,
guardian angels of the morality of
Platteville, these SNUG, kind, Chris
tan women sneaking into the show
to get evidence, three dried-up
souls with one foot tottering on the
other world think they have a right
to dictate to 500 others, "a wizened
trio. their sanctimonious hides, "
--''the guardians of the morale, =
''wizened-up old babies, and so on
ad nauseam.
Hess stated that closing Sunday
shows was but the first step. Tobac-
CO, Sunday motoring, etc, would in
evitably follow With all his capac-
ity for viterupation he is clever and
witty and had he handled the matter
right would have had strong case.
A Jury was obtained with difficulty.
Nearly every man had prejudices on
the matter one way or another. Fin
ally a lineup was secured as fol-
lows: Lester Appleby, Beetown; Holl
Stephens, Cassville; George Finney,
Lancaster; w. d. Burr, Lancaster.
Many ballots were taken between 8
D. M and a. M. The jury deadlocked
all night and the final vote, it is said.
was: For cquittal-Stephens, Ertz,
Finney; for conviction-Burr, Gelbach
and Appleby.
The case should have been tried in
Platteville where it is local issue.
Mr.. Tracy washes his hands Of the
attorney sent out by the association
and wants it distinctly understood
that he is not party to the line OF
defense Hess handed out. He says
he will continue to operate Sundays
but will act the gentleman about it..
He feels that large part of the
Platteville people want Sunday shows
and that jury disagreement leaves
the matter in the air anyhow.
The state has right to call a re
trial. 1t is doubtful, should the case