The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-10-20
RAIDS NEAR WINoNA
Two Residents of Rural District Are
Arraiuned In Court


Arraianed In Court
Winona, october 1.-two Vino
ma county farmers and Winona
resident we're arraigned before UNI
ted States Commissioner ]. Russell
Smith in this city on charges of vi
olating the federal prohibition law.
The charges grow out of raids made
by federal agents in this vicinity
last spring and summer.
The men are Frank Malewicli,
grocer, 503 West Fourth street,
Michael Schloegel, farmer and con-
stable in the town OF Wilson, ana
Jake Phillips farmer near Wilson.
All three waived examination and
were bound over to await the action
of the grand jury at the next term
Of federal court, " III meets here
next month. They Jfe released on
$500 bail each.
Schloegel was charged with sell
ing moonshine whiskey. He was ar
rested August 10 by federal agents
CO. operating with Sheriff G. B.
Christensen of Fillmore county, who
alleged that he had been supplying
liquor for trade in that county.
Phillips was arrested in raid on
his farm May 10, the same day the
raid was made on the Malewicki
grocery and residence. He was
charged with manufacture Of intoM-
eating liquor.
Malewicki was charged with hav-
ing moonshine whiskey in his pos
session on May 10. He denies the
charge.
On August ID, Malewicki's wife
Elizabeth filed a civil suit Tor $40, :
900 damages against s. B. Ktale,
federal prohibition director in Min
nesQta, for injuries alleged to have
been sustained when federal agents
aided the home. Mrs. Malewicki
charged that federal officers piled
rugs and carpets at the top of the
stairs in such a manner that when
she became frightened by their con :
duct and attempted to cross the
room, she tripped and fell over the
pile falling downstairs and receiving
severe and permanent injury.
The suit was filed in district court
by Mrs. .Malewicki's attorneys, ]. j.
Fitzpatrick of Winona and Cowie d
Hale Of La Crosse. Later the case
was removed by the government to
the federal court. Government at
torneys, acting in behalf of Prohibi-
ton Director Qvale, filed a demur-
Irer to the complaint, claiming that
the facts set forth were not suffi-
cient to constitute cause for ac-
ton.
Attorneys for Mrs. Malewicki
have asked Judge Booth to dAmiss
the demurrer, and argument on
this motion is scheduled for October
81. Should the court dismiss the
demurrer, the next step in Mr..
Qvale's behalf is for his attorneys
to file an answer to the Complaint.
Attorneys for Mrs. MalewieN hope
to speed up the action in order that
it may come for trial at the Novem-
Der term of federal court in this
city. -.
-GAe complaint on which issuance
of a search warrant for the Male
wicki place was used, according to
documents filed by Mrs. Malewicki' S
attorneys, was made by F. O'Niel, a
federal agent. A former agent nam
cd Frank O'Neil, believed by attor-
neys to be the same man, was ar
raigned yesterday in, federal court
at Minneapolis on Charge of bur-
glary following a raid on a Mime
apolis residence in which $1,000 in
liquor was confiscated. O'Neil
pleaded not guilty and the case was
set for trial October II.
Malewicki regards the action OF
the government in pressing the L.
quor charge, against him as a re-
prisal for his wife's suit for dam
ages, attorneys say.