The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-03-09
Attorney Buckmaster De-
MES Rumor that Defense
Will Petition Governor.
WANATKACASE UNIQUE
Wanatka's Attorneys Are Busy
Getting Ready for Prelimin-
airy Hearing Next Saturday.

Whatever the developments are in
the case of Emil Wanatka, now charged
with the murder Of Charles Pacini, they
will not be used for the purpose OF
making an appeal to Governor Blaine
for the pardon Of Frank Lang, now
serving a state prison term as the
murderer. There was some talk today
that pardon might be sought, fol
lowing the precedent in the case of
John "Dogskin" Johnson, who was re-
Gently pardoned by Governor Blaine
for the, murder of little Mary Lem
berger when new alleged criminal
Martin Lemberger, was brought into
the case. That this precedent would
be followed in the Lang case was
vigorously denied this morning by At
torney Al. T.. Buckmaster, the first at
torney interested in the Lang defense,
and who with his partner, Walter
w. Hammond, has been leading, coun-
sci for. Frank Lang.
Try Lang Case on Merits.
eve shall try the Lang case simply
on it's merits,1s declared Mr.. Buckmas-
ter this morning.. "There is absolutely
nothing, to an appeal for Lang's pardon
so far as we are. concerned, and l do
not believe anybody else is looking for
such q, thing either. If Lang is inno-
cent, there lis no reason why he should
be pardoned If he is guilty, there is
no reason why he should be pardoned
either. we are seeking for a new
trial, it is true, but expect the whole
thing to proceed in the usual course
of the law.
$50 far as the Wanatka case is con-
cerned, We are awaiting developments.
Whether we shall use the matter now
being 5disclosed3 indour motion for a
new trial which will soon be heard
before the supreme court, yet re-
mains to be seen. We are just wait
ing and watching"
No Parallel to Wanat1a Case.
The prosecution today still continued
on the job Of looking into the perfect
alibi" which Emil Wanatka claims he
has for the night of August IA, 1920,
when Charles Pacini was murdered. At
first it, was. said that Wanatka had left
the night before for Green Bay, and
yesterdays report was that he had left
for Green Bay on the evening of
August IA, but some hours before the
shooting took place.
Meanwhile the defense is equally
busy preparing for the preliminary
hearing which will take place in the
municipal court Saturday morning.
March II. The defense will hold that
there is no precedent under the law
warrantmg the trying of second man
for murder, while one man is serving
sentence for the crime.
Presents Knotty Problem.
"I do not see how they can try Emil
Wanatka for murder" said Attorney
Calvin Stewart this morning, without
first disposing of the Lang case. So
far as we have been able to ascertain,
there is no parallel to such q trial in
the history of the law. There have
been cases where a man has come for
ward \ and confessed to having COM
mitted crime for which another is
being punished,
Event in these cases, there was
nothing left1It be done after the
original blunder of the law, but to
pardon the first man. But in this case
there is mo question of a confession
of guilt on, the part of Wanatka, but
the contrary, 1t seems to me that the
Lang case would have to be out of the
way entirely before the murder trial
could be held sof another man."
Searchpin Vain for Precedents.
tits said that no precedent has been
found in the law either for such e
trial or against such trial. Lawyers
interested in, the prosecution of Wanat-
ka, or interested oin the defense of
Lang, however, Secuted this new angle.
It was pointed out that in the Johnson
case, mentioned above, Martin Lem.
berger was accused of the murder of
his daughteraafter Johnson had served
years and was still imprisoned for
the crime, stn
Lenberger maintained his innocense
but pleaded the statute of limitations
in demanding his release. AS his case
was outlawed by time, the statute of
limitations held, and Lemberger was
releasedi5 Governor Blaine pardoned
Johnson recently, holding that the evil
dence in, the. case lead him to believe
the man innocent. The Johnson case
WIS similar to the Lang case in that
he was convicted on his own confession
to the crime; like Lang, Johnson later
repudiated his confession, declaring
that he had made it under duress, be-
ing fearful of the mob which threat
ened to Kin him, believing him the
murderer Of little Mary Lemberger.