The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-10-05
r. A. Better Bound Over
for Trial on Charges of
AssauIting Girl.
SILENCE DISCRIMINATING
Court Hold Betzer's Failure to
Deny Guilt when Identified
Is Admissible Testimony.

All three of the Kenosha young men
charged with having made criminal
assaults on pretty eighteen-year-o
Pauline Miles, 905 Market street, aft
er she had been lured away from a
dance hall and carried in an automo-
bile into the country on the night Of
August 18th, must stand trial on the
charges. R. A. Better, former deputy
sheriff, on Thursday afternoon was
bound over to the circuit court for
trial after a sensational preliminary
hearing in the municipal court; his
bonds were fixed at $4,000. Nels Mad
ison and Chester Kramer, the others
accused, were bound over for trial
several days ago on bonds of $4,000
each, in default of which they are now
held at the county jail.
Better furnished bond Immediately
and was released.
Not Yet Positively Identified.
Better, however, is not yet positive
ly identified by Miss Miles as the
third man" in the trio. The defense
won its contention that the defend
ant be not required to be brought into
the court as defendant and the &C.
cuser and the accused were not
brought face to face, as had been ex-
pected. Consequently Miss Miles had
no opportunity to state whether or
not Better was absolutely the man
who drove the car in which she was
carried away on the night of the al
legged assaults.
Police Officers Rock, Breidt and
Pecan took the stand and testified
that following Betzer's arrest and aft
er he had been told that he was held
on charge of criminal assault made
on the night. before, he had been
identified by Kramer as the third
member of the trio and had failed to
deny the accusation.
"He hung his head and said moth
ing" testified each of the police of
ficers.
Silence is Significant.
The state laid stress on the fact
that silence in the face of an accusa-
ton Of crime is significant and is per-
missable as testimony to prove the
identity Of the defendant They cited
state supreme court decisions and
were upheld in this point of law by
the court.
The defense introduced no witness
es relying largely on the theory that
the story told by the complaining wit
ness was not sufficient to identify
Better as a member of the party and
that for this reason he should not be
bound over for trial.
Girl Repeats Her Story.
Miss Miles again took the witness
stand and for more than an hour told
the court again the story of the as
saults, which she barred when Madison
4 was called for preliminary hearing.
The courtroom was crowded with spec
tators who squeezed their way into
the corridors to hear the sensational
story of the case.
story told before. 1t related how she
had been lured from the dance hall by
Madison and first assaulted by him
despite her screams and struggles. It
told how she was forced into an auto
mobile and carried out south of Ke-
nosha where she was assaulted by
Madison and "a third man" whom she
now believes to be Better and how
later she was attacked in the car by
Kramer.
Throughout her story she referred
to the man alleged to be Better as
"the third man."
"Did you ask the third man his
name ?" was put to her.
eyes," she answered.
Gave Name "John Brown"
"What name did he give your"
"John Brown"
clad you ever seen him before?"
"No."
"Could you see him distinctly?''
"Only under the lights. He was
driving the car and in the country it
was raining and so dark that I could
not see distinctly"
She declared that she had first
heard that Better was the mans name
on the Monday morning following the
attacks. She admitted that she had
not seen him since the arrest.
She repeated the story of how in
the field on South Rowland avenue,
where it is alleged she was attacked
by Madison and Better that "the
third man" had thought she was dead.
She declared that after Madison had
! assaulted her. "the third man" now