The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-01-26

when Burke, with his attorneys,
appeared in court today following
~ the verdict cOnvicting Burke, At
tOrriey Patrick HI. Martin made
the formal motion for a new trial.
.l0 After the written arguments are
filed the court will set day to
hearaOral arguments.
Attorney Martin asked that
Burke be allowed to remain at
y liberty until the motion for a
new trial is disposed of. Judge
Anderson agreed.
Reiterating his claim of innocence,
Walter. I'M. Burke, Kenosha attorney
and member of one of the oldest Ke-
noshay families, today prepared for a
newotight to save himself from prison
and clear his name following his con-
viction on II counts of conspiracy to
bride and violate the prohibition laws.
The jury which heard the evidence
against the Kenosha man returned a
verdict in, the United States court in
Milwaukee at 1885 Thursday night,
nndlng the attorney guilty on all of
the eleven counts in the indictment re-
turned against him by the federal
grand jury. Under the conviction,
Burke, should he receive the maximum
penalty, could be sentenced to term
OF 81 years in the federal prison at TT.
Leavenworth and fined a total of
$61OOO. Judge A. B. Anderson of In
annapolis, who presided at the trial
has announced that sentence on Burke
will probably be passed on Saturday.
Meantime the attorneys for Burke have
TINS morning interposed motions for
arrest In Judgment and for a new trial
and Burke, has given a new bond of
$l0,00O to remain in force until these
motions are disposed of.
The announcement of Judge Ander-
son that Burke would probably be SEN
fenced on Saturday has indicated that
the motions will be denied. Burke and
his attorneys have declared that the
case Will be taken to the United States
supreme court in an effort to prove the
innocence of the defendant.
Verdict Is Profound Sensation.
hundreds of people in Kenosha had
awaited for the return of the verdict
and special operators were in charge
OF the telephones at the News Office to
give out the news during the night.
When the verdict reached Kenosha a
few seconds after it had been reported
IN milwaukee,, it brought a profound
sensation. Hundreds of people read the
News bulletins telling Of the convic-
tion of the Kenosha man and there was
wide speculation as to the penalty.
In addition to the charges on which
he was convicted on Thursday night.
the Kenosha attorney still faces trial
on two e6nspiraey indictments of a
number of counts in which he is
charged with conspiring with Thomas
A. Delaney, former prohibition enforce
nent officer, and Joseph Dudenhoefer
ST., and Joseph Dudenhoefer Jr. The
last two named have already pleaded
guilty to the charges contained in the
Indictment. &s
Unitetl3S District Attorney Saw
yer in sfesponse to the motion for sus-
pensions of sentence pending the mo-
tion for a new trial, declared that he
was willing 70 wait until after the
other charges against Burke had been
disposed of in the United States court.
These cases may be called for trial on
Monday.
Jury Takes Thirty-TwO Ballots.
The verdict was reached shortly be-
fore 1880 p. M, after the jury had
been deadlocked for more than live
hours. approximately 80 ballots were
taken before. i decision was reached,
the first ballot showing count of z
to for conviction.
The jury filed into the courtroom at
10 p.lIn. to ask additional instructions
fromF7Judgefs4A Anderson. The foreman
put the question: ''In order for the
evidencesto be sufficient to convict,
must rit show that the brides were given
on the specific dates and in the specific
amounts mentioned in the Indictment 90
Guilty on Eleven Counts.
'No," Judge Anderson replied. A
few additional questions relative to the
filling out Of the verdict blanks were
then asked and the jury filed back to
resume bnSlE uSIIDeTALlOnS. Less TnAn
half an hour later the decision was
announced.
The indictment upon which Burke
was tried contained eleven counts. The
first charged conspiracy to bride Her
zog and the other ten charged substan-
tive violation of the bribery statute
Five Of these substantive violations
consisted of Offering brides and five
the actual giving Of brihes. Burke is
liable upon the first count to fine of
$4,000 and two years in Leavenworth
Upon each of the next ten, he is liable
to three years in Leavenworth and a
fine Of three times the amount of the
bride given.
Faces Thirty-Tw0 Year Term.
Burke's possible maximum sentence
Is 32> years in Leavenworth and fine
of $4,000. Two indictments charging
conspiracy to violate the prohibition