The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-07-13

DAhD A0Ah Lang A1OAA bhE SbabC
prison to the county Jail in Ke-
nOsha. 1t is thought probable
that Lang will be brought to Ke-
nOsha by prison officials without
any formal notice being given the,
KenOsha county officials. The
sheriff expected Lang to reach
here not later than Wednesday, if
this plan is followed.
Frank Lang, granted a new trial, on
charges of Staying Charles Pacini, by
the supreme court Of the state on Sat
urday, will be admitted to bail as soon
as an application is made to the Cir
cult court by his attorneys. This was
the assurance given by Judge Belden
when in Kenosha on Saturday evening
after he had heard of the ruling of the
Supreme court in the case. 1t is not
expected that the bail for Lang will be
in excess of $4,000, the amount which
has usually been set for such cases in
Kenosha county. The formal order of
the Supreme court directing q new
trial of the Lang case is expected to
make possible his return to the county
jail in Kenosha at once. Many people
appear to be of the opinion that Lang
will not be brought to trial again.
The holding of the Supreme court that
the confession of Lang was secured
under duress leaves the state with little
on which to base the second trial of
Lang. If the confession is not to be
admitted as evidence, it is admitted
that the state would have little to sub
NIT to the jury.
The Holding of the Court.
In the decision of the Supreme court
Justice Jones, who wrote the decision,
had this to say in regard to the con-
fession of Lang.
"The testimony on this branch of
the case convinces us beyond doubt
that the statements of Lang made
under these circumstances, and which
were relied on for his conviction, were
made under duress which amounted to
torture
THE officers in charge of the pris-
oner on that night did not seem to
realize that they were living in the
twentieth century. In order to secure
what they called confession, they
adopted methods which might have
been approved in the seventeenth CEN
fury, when, on confessions procured by
torture, persons were imprisoned and
executed as witches, and when, in state
trials, prisoners obnoxious to the rul-
ing monarch or his servants were con-
demned because, on the rack or under
the lash, they had confessed their
guilt"
Judge Belden, when asked to say
something in regard to the decision of
the Supreme court, said:
81 have not seen the decision of the
Supreme court In any event | would
} not comment upon it. l have nothing
to say excepting that l felt the trial
court ought not to assume the respon-
sibility of liberating a man who had
repeatedly confessed the murder. Per-
sonally or officially, have never enter
tanned an opinion regarding Lang's
guilt or innocence, but thought it the
duty of the trial court to accept his
statements repeatedly made, even in
two courts, under conditions which 1
felt reasonably removed him from the
influences he described as occurring in
the police office. Therefore l passed
he case to the supreme court for final
decision and responsibility"
No Term Till October.
If Lang is brought to trial for Sec
ond time, the case cannot be taken up
by the Circuit court until the October
term, and for this reason it is believed
that strenuous efforts will be made to
secure bonds for Lang and have him
released pending the calling of the
case in court, 1t is certain that, if the
case is called for a new trial. that some
effort will be made to have special
prosecutor to handle the case The
district attorney did not appear at the
argument of the appeal for new trial
at Madison, and it is taken for granted
that he will not try Lang should he
again face jury. Judge Belden would
have power to name a special prose-
cutor, but he has made no statement
that this plan would be followed.
The Decision in Detail
In the formal decision of Justice