The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-01-19
Lawyer Scharte Cleverer
Than His Client = One
Juror tainted.
FOUND GUILTY TODAY
Schwartz Sentenced This Morn
ing by Judge Bclden to
Three Years in Waupun.

Robert Scharte of Superior, Mich,
charged with the burglary of the ".
D. Sydney home, sos Park avenue, on
February 10, 1921, was found guilty by
a mixed jury in his case at eleven
o'clock this morning, after the jury
had been out about fifteen minutes, and
was promptly sentenced by Judge
Belden to three years in Waupun.
The Sydney burglary may be forgot
ten in time, but the impression left
by Scharte will probably endure as
one who brilliantly defended his own
case, and proves the worth of the old
proverb that man who pleads his own
case has fool for a client. Scharte
who said he was % years old and that
he had had no legal training, fell into
the ways of the court like one born to
it, and his cross examination and plea
in his own behalf suggested that he
was innocent as serpent and wise as
dove. In the midst of his plea on
Monday afternoon one Juror, Carl Odel-
burg, tainted. The case continued
until $3.50 o'clock Monday afternoon
and the circuit court opened this morn
ing at ten o'clock when Judge Belden
charged the jury.
What Does Amnesia Mean?
Scharte as his own counsel, aided
by Attorney Kuehnl who was made to
play second fiddle throughout the trial,
did not hesitate to make capital of the
fact that former Chief of Police
OHare had earlier in the day entered
plea of guilty to the charge of
malfeasance in office. 1t was former
Chief O'Hare who was present at Wau-
kegan after Scharte had been arrested
there in April on the charge of house
breaking, when Chief O'Hare elected
confession from Scharte that he had
entered several homes in Kenosha in
February though he could not give the
addresses and only description.
Detective Sergeant Rock and Secre-
tary Meissner of the Kenosha force,
and the Waukegan desk sergeant testi-
fed Monday afternoon that on that oc-
casion the then Chief O'Hare had | ged
Scharte to tell the truth, whereupon
he had admitted having taken the re-
volver from the Sydney home. He
sought to throw an appearance of fear
someness and duress about the way in
which the confession had been obtain
ed, both in his plea and as he cross
examined the police witnesses.
Didn't you see ChiefdO'Hare shake
his fist at me and didn't you hear him
say that if didn't say I stole that
gun he would spoil my looks so that
my own mother wouldn't recognize
me?" Scharte asked Meissner.
"No, because he said nothing of
the kind He knows better than thai" "
returned the witness.
"You don't remember when Mr..
O'Hare threatened to kill me 2"
81 don't remember because nothing
like that was done," declared Meissner
now plainly disguised.
+ "Have you ever been victim of
amnesia?" asked Scharte, still conduct
ing his own. cross-examination. "Do
you know what amnesia means, Mr..
Meissner :"
II do" replied Meissnera The dis
trict attorney interposed with an OBJ
lection, and presently told Scharte
that he could not testify through this
sort of cross examination and should
reserve his line of defense until he
took the stand in his own behalf
The Sydney home was burglarized on
the night of February 10, 1921, at
which time a Colt automatic revolver
was stolen as we'll as solid gold
watch, a gold watch case without
works, an amethyst ring minus the
| setting and number of old coins.
The same night the Alfred Terrell home
was entered at 378 Park avenue, and
the home of the Misses Bond. Scharte,
according to the officers testimony,
told former Chief O'Hare and other
Kenosha officers in the presence of the
Waukegan police that he had entered
three homes in Kenosha, in one of
which the indications were that the
owners were away. This tailed with
the fact that the Misses Bond were
| in the south !. at the time Of the
entrance of their home, where moth
ing was removed.
Gun Found on Scharte is Sydney's.
| The Kenosha police were notified
last April by the police of Waukegan
at the time Of Scharte's arrest there,
when gun was found on his person
which answered the description of the
one stolen from the Sydney home.
Former Chief O'Hare, accompanied by
Secretary Meissner and Detective Rock,
went to Waukegan to see Scharte, TAX
ing with them the manufacturer s
number, 307507, of Sydney's stolen
Colt 3S. The gun taken from Scharte's
person was found to be the same and
was further identified by Sydney by a
mark on the side caused by friction in
the automobile where he usually car
ried it.
Scharte, confronted by the evidence
and upon Chief O'Hare's urging that
he come clean, then told Kenosha Of
| ficials of the three houses he had en-
tered in Kenosha. All this testimony
was introduced in evidence yesterday,
and there was a possibility that il
would be necessary to call the former
chief as a witness. Scharte showed
himself totally unconcerned and cool
continued to build up his contention
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