The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-07-19
John S. Scholey, Crusader
Who Started Cleanup,
Wins Long Fight.
BELDEN GIVES DECISION
Hands Down Order Directing
County to Pay Scholey $500
and Costs as Informant Fees.

An echo of the days when ConstapIe
John S. Scholey went a-raidin IN Ne
nosha county three years ago when ne
started the agitation that ended IN the
Grand Jury cleanup, was heard in the
circuit court this morning when Judge
E. B. Belden handed down an order
unfolding the "crusader's" claim for
$50 for informal fees in the notorious
slot machine raids made on the
Schrayer and Bloxdorf taverns in June
1920. The desicion of the court vindl-
Gates Crusader Scholey in the long
legal fight which he has carried on
to secure the fees which he claimed
were due him and which had been paid
to former Undersheriff Alex Ritter,
now serving a term III the state prison
as a result of the cleanup.
The decision held that it did not
absolve the county from responsibility
for the claim because the fees has
been wrongfully paid to another.
A Most Interesting Case.
The decision is the last chapter in
one of the most interesting suits ever
brought in the circuit court OF Kenosha
county. 1t started on a Sunday morn
ing June 10, 1920, when Crusader
Scholev startled the city and county
bv raiding the Schayer Inn and BloX-
dorf Tavern and selling slot ma
chimes and other alleged gambling de-
vices, claimed to have been operated
there by Peter Gales. After his part
in the affair, the warrants IN the case
were sworn out by former District At
tornev Peter Fisher, Jr., in the name
of Undersheriff Alex Ritter and when
the informant fees were paid by the
court, they were paid to Ritter.
Constable Scholey protested vehem-
emily. He carried his appeal to the
governor and was directed to bring
suit against he county. He appeared
with his attorney, Lewis F. Powell, be-
fore the county board numerous times
to secure his fees without going to law
and when refused finally took the case
into the courts. Hearings were held
several days ago, Judge Belden hand
ing down the order today.
The decision of the court upholds the
claim of Constable Scholey in every
particular. 1t reads as follows:
It appears from evidence received
in open court that the plaintiff being
a constable of Kenosha county, made
three (3) certain raids June 10, 1920;
that he informed the then district at
torney thereof; that the district attor-
new secured another person to sign the
complaints, regardless OF the TACT
known to him, that the plaintiff was
the informer upon whose information
the prosecutions were instituted, the
three CD defendants convicted and the
three CD fines paid. The municipal
Judge, not being advised that the plain
tiff was the real informer, awarded
one-half of such fines according to Gus
tom, to the person who signed the COM
plants and such awards were accord
ingly paid. Plaintiff did not know for
a month after that Of the law au-
thorizing or the custom of awarding
a portion of the fine to the informer.
Since being so advised he has per
sistently sought to recover. The dis
erection of the court that awards should
be paid has been exercised and the
fact that such awards were paid to
another and the wrong person because
the district attorney failed to advise
the court of the true situation, does
not prejudice the plaintiff.
The court is of the opinion that the
plaintiff is entitled to recover judg-
ment against the defendant for one
hundred fifty (150) dollars and costs
and such judgment is directed.
Dated this 18th day of July, 1928.
E. B. Belden,
Circuit Judge.
1t is not known whether attempts
will be made to recover the sum paid
to Ritter by the court. The decision
of the court leaves it incumbent upon
the county to do this if it desires to
recover the amount; the county board
had held that it was necessary for
Scholey to recover the amount from
Ritter.
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