The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-07-05
Stewart Barnett's Attorney, Serves Bill of Elk
ceptions on Frank Symmonds in
Supreme Court Appeal
BARNETT MAY STILL Be PROSECUTOR
Defense Sangune After Preliminary Study of the Case
That There Are Number of Grounds for
50
"a Reversal of Decision in High Court

on Frank S. symmonds on Friday
afternoon.
Brief in Case to Follow.
Calvin Stewart, who together with
his partner, L. E. Vaudreil, are pre-
pairing the case for the appeal, said
this morning that he would devote the
next few weeks to a preparation Of
the brief in the case, which is expected
to be lengthy covering every phase
of the court trial and the errors in the
rulings on which the defense is basing
its belief in reversal.
"In our most casual preliminary
perusal of the case," said Barnett's
attorney, 1--WE have found so many
loop-holes for an appeal that we have
every confidence that the decision of
the lower court will be reversed and
that Morris Barnett will be found to
be the duly elected district attorney"
Discuss Illegal Voters.
cit will be remembered" said Stew
art, "that we objected to Symm onds
going into any evidence of any So
called illegal voters who were not
shown by the complaint to have voted
illegally for the defendant Barnett.
Our objection was over-ruled and we
shall hold in our appeal that such rul-
ing was in error. The court permitted
Symmonds to go at length into such
evidence, though by the statute, as we
claim, he had no right to do so.
of course, one of the points which
we consider a ground for reversal is
the fact that the court held that voters
who had voted at the primaries whose
names were not on the registration list
were not entitled to. have their bal
lots counted. Such ballots were thrown
out. We believe that this was in error,
since the statute holds that primary
day is registration day, and that the
voter who has complied with the law
so far does not have to go further, and
look up the registration list to protect
his rights as a voter.
Thirdly, I have held all along and
still hold, that Frank Symmonds had
had his day in court before the quo
warranto proceeding. l maintain that
after he had tried his case once and
pursued it to judgment, he had no bust
ness in court again on the same issues.
"These are major grounds on which
we look for a reversal, but there are
others too numerous to mention brief
ly, and we cannot state them now with
out making more careful study of
the case. With the bill of exceptions
now before us, we expect to proceed
at once, and have our papers with the
supreme court long before it con-
venes in September"
Morris Barnett took Office as district
attorney January 1st on protest of the
supposedly defeated candidate, Frank
Symmonds, who had held office by ap-
pointment before him. Symmonds
contested and after quo warranto trial,
in circuit court, it was found that
Barnett was "usurping' the Office and
Symmonds was the duly elected prose-
cutor. Symmonds tenure of the office
depends in part however, on the dis
enfranchisement Of those voters who
voted at the primaries and who did
not appear on the registration list,
as these were claimed by Symmonds
to be illegal voters and his contention
was sustained in the circuit court.
Now Barnett is appealing the case,
both in his own behalf and in behalf
of these voters, with the possibility
that by the fall the reins of the dis
trict attorneyship may be found in
another pair Of hands again.