The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-01-19

(By Associated Press Leased Wire.)
Milwaukee, Wis.-Walter M. Burke,
Kenosha lawyer, accused of conspiring
to bride Bert P. Herzog, former pro-
hibition enforcement chief, began his
fight for liberty in the United States
district court here today. Yesterday
he was the only man of five, accused
of conspiracy and bribery in connec-
ton with Wisconsin's whiskey ring,
TO plead not guilty. The first witness
to testify against him was one of the
four to- plead guilty.
Placed upon the stand today, Joseph
Custer, former director in charge of
the internal revenue office at Kenosha.
who had confessed his own guilt yes
terday, repeated substantially the testi-
mony he had given in the trial which
had ended in the conviction of Herzog.
Fail to Confuse Custer.
1t was this testimony which Attor-
ney Patrick H. Martin attempted to
break down in his strenuous cross
examination. Standing over the wit
ness and vigorously flashing him with
question after question, Attorney Mar
tin finally aroused the ire of Judge
Albert B. Anderson. He requested the
lawyer to refrain from his tactics or
else remain seated during the cross
examination. Custer answered with
readiness and appeared unembarrassed
District Attorney H. A. Sawyer d.
rected most of his questions to causing
Custer to contradict testimony he had
previously given to the grand jury.
Advised to Tell Truth.
Custer, in reply to a question, denied
that he had discussed the outcome of
his own case when taken to the dis
trict attorneys Office. He said that his
lawyer had advised him to tell the
whole truth. Any discussion as to the
reward for telling the truth or for
his action in the case had been
discussed if at all, he said, with his
attorney.
Custer admitted that he had not told
the grand jury about the confscation
of certain whiskey when the American
Arcade, Third and Wells streets, was
raided, about visit to Mr.. Burke at
the latter's home with Harry Feuer,
nor about an attempt to re-route the
sixth and last car of whiskey so as to
allow it to fall into the hands of the
federal authorities.
Custer admitted that his sister-in-
law formerly worked in the Office of
Thomas A. Delaney, in charge of pro-
hibition enforcement, but denied that
she had been in charge of the issuance
Of permits, The sister-in-law, said
Custer, was now in South America.
No Money from jacobson.
The witness denied that he and
Burke had received hush money from
Joel jacobson, Kenosha saloon
keeper, who sold whiskey.
By cross examination, Mr. Martin
attempted to prove that the alleged
episode of the passing of an envelope
between Burke and Custer had no par
ticular significance, but Custer denied
that it had been customary for him to
receive envelopes at Burke's office.
1t was by this means, the government
contends that $4,000 was passed to
Custer to divide with Herzog.
Walter Burke, Kenosha attorney,
was named as one of the master minds
in the bootlegging conspiracy, exposure
of which was followed by the convic-
ton of Bert P. Herzog, former federal
prohibition chief, on bribery charges,
when Joseph Custer, former dry agent,
took the stand at Burke's trial in fed
eral court in Milwaukee Monday.
Custer testified that in June, 1920,
Burke asked him to go to Milwaukee
to see Herzog, and Sind cut what he
wants to lay off further investiga-
ITEMS" Others mentioned in Clusters
testimony were Joseph P. O'Neill and
Thomas A. Delaney, former federal
prohibition directors in Wisconsin.
Tells of Visit to Burke.
Burke called him up the night a
prload Of liquor arrived. Custer tss-