South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-08-04
REARREST GUnCKI
AFTER CITY COURT
DISMISSES CASE
Stormy Session Follows Ruling
by Special Judge Kovacs
on Liquor Evidence.


day afternoon In city court against
conviction on the charge OF unlaw-
ful possession OF 4udr wth Atty.
Joseph Kovacs sitting as special
Judge OF the case. The councilman
however, was Immediately rearrest-
sd on the same charge. and VIII now
face trial IN the superior court.
Dismissal OF Guz.ckrs case by the
state followed one OF the s-ormiest
sessions witnessed Ia long time IN
the city court. A ruling by judge
Protein K0vacs excluding LIQUOR
seized IN the raid as evidence against
I Guzick precipitated a bitter ex-
change between Pros George 7
Donahue and Atty. Kovacs and de-
Tense counsel.
Upon the ruling that the liquor
was excluded as evidence. Pros.
Donahue laid down the challenge 10
Atty. Kovacs that he was onan.rr
10 every booUegger in the city an
avenue 10 escape punishment for vio-
latons OF the liquor law. and was
overturning presidents that had long
been established In the city. He
Immediately made a motion that the
case be dismissed. filed new an
davits against the defendants. de-
claring that trial should take place
in the superior court and further
stated that in the future on every
application for a change Of venue IN
liquor cases. the case would be ven
ued 20 the superior court.
ROOTp I'm Racor,,ont
Guzicki together with his bar
tender. Anton FIorkowski was ar
rested on the afternoon OF July
Following raid led by Capt. OF
Detectives Hamilton and detail. The
liquor seized in the raid. which was
excluded as evidence by ATTY. Ko-
vacs' ruling, consisted OF two one
gallon jugs. each nearly fun OF
moonshine whisky three pint bottles
labelled "Sunnybrook" whisky ora
bottle with but a few dropz In q,
one about one half full and one
full bottle. with seal unbroker bu,
with a cockroach plainly visible
floating on top OF the LIQUOR. one
small bottle containing burnt sugar
for coloring "mOonshine" was also
seized In addition TO the liquor
a buzzer wire batteries and push
button were submitted for evidence.
The basis for Atty. Kovacs' deci-
sion, as he stated in making his
ruling, was that the LIQUOR was
found in the basement of the pro-
perty located at 416 S Chap.n 81
and not under the basement OF On.
zickis place. AS and 400 S. Chapin
St, as covered in the search war
rant.
The evidence introduced bv the
state, previous 70 ruling out the liz
quor as evidence was that 10 had
been found IN the basement under
the store as s. Chaplin stconducted
as a bicycle shop. near a door lead
ing into the bicycle shop basement.
The door in question fl was testified
20, opened into Guzcki's part OF the
basement and Il was locked by e
Yale lock. with the keyhole 10 the
lock on the Guzicki side. II was
further testified that the LIQUOR was
found In a box just inside the door,
and that IL could be reached from
the Guzicld side OF the basement
without stepping 10 the adjoining
basement. The buzzer and batteries
it was shown by the state. were
placed over the door connecting the
two Easements. and the wires led to
the button located behind the bar
in Guzicki's soft drink parI0r The
state showed that when the button
behind the bar was pressed. the
bell over the door On the basement
rang
Capt Hamilton testified that he
was the first Of the raIdinc party 70
enter the councilman's soft drink
parlor. and that as he did go he saw
the bartender quickly empty a g-aes
into a trough and rinse Dr. with
water. Capt Hamilton said he
rushed behind the bar in an EFFORT
70 secure some OF the contents Of
the glass. but failed 10 do so. He
did. however. he said. rub his finger
in the rlns.ng water and it tasted
and smelt like "mo0nshIne" whisky.
Challenges Ruling.
Following the testimony o. Capt.
Hamilton. Pros. Dorahue made a
motion introducing the liquor in
question as evidence. and under
standing Atty. WyDerzvriskl. re-
presenting Guzickl 20 say $50 OBJ
lection" rested the states case.
Wypeszyriski thereupon made
motion THAI the liquor should not be
admi-ed as evidence. and Atty
Donahue fought the introduction o.
this motion after previously SAYING
NO Objections but Judge Pro-
TEN K0vacs refused 20 sustain the
prosecutor. though the prosecutor
challenged him 90 ask anyone in
the court room II Wplszyrlszi had
nor consented 10 the Introduction
OF the liquor as evidence
Judge Protein Kovacs then
made his ruling. excluding the L.
quor as evidence. despite Pros DON
ahue's hot protests that be was
letting down the bars 90 every boot
logger in the city.
why this decision means that O.
a bootlegger is caught with LIQUOR
and ne throws that liquor ou- in the
alley or into adjoining property
though there rs pr.ma facie evidence
OF possession he IS nererthe,ess free
from possibility az cinvict.on,' The
prosecutor challenged
Il have made nay ruling" was
Atty. Kovacs' only reply