The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-05-17
GAMBLING CASE
Is DISMISSED
Judge Slater Finds Not
Sufficient Evidence to
Hold Men.
''EARMARKS OF DEN"
Judge Said the Rubber Poker
Chips, Card Tables, ETC.,
Suggested Gambling.

Because there was not sufficient evil
dence to warrant the Judge finding
Albert Soule guilty beyond a reason
able doubt of maintaining a gamb-
ling place at 555 Milwaukee avenue,
the case against him was dismissed
this morning following preliminary
hearing in the municipal court.
Assistant District Attorney Edward
Ruetz immediately moved that the cas-
es against all Of the defendants, sew
en- in all, be dismissed, as the evil
dence in each case was the same as
the evidence on which Soule has been
held. Accordingly the cases were dis
missed and the following defendants
discharged. Joseph Lutz, Arthur
Seitz, H. Bronkow, Charles Johnson,
John Tyson, Andrew Wagner and Will
liam johnson. Edward F. Higgins
represented the defendants as attor-
ney,
Tells of Buzzer and Locked Door.
When the case against Soule was
called for hearing in the municipal
court this morning, Lieutenant Charles
Rock took the stand and testified for
the state.
Rock said that the place at BOB Mil
waukee avenue was raided by himself
and Detective Bfeidt on the night Of
April 21st. He said that the room was
located in the basement and when
they sought admittance they found
they could not get it. Soule in the
poolroom above, he declared, stepped
on buzzer which connected with the
room below as soon as he saw the po-
lice officers.
'How did you know he rang the
buzzer" asked Attorney Higgins. "Did
you see him step on it with his foot"
81 couldn't see his feet for he was
behind the counter" replied Rock,
shut he was right over the buzzer and
heard it ring"
"All Was Peaceful"
The police lieutenant stated that
they were not admitted into the room
below until they had summoned the
proprietor of the pool-room above.
Then finally the door was unlocked
from within the basement room but
not until the party had had five min
utes to think things over.
'There were a bunch of fellows in
SIDE" siad Rock, "seven of them
think"
what were they doing?"
"oh they were talking together
about some show, then, he said
smiling, 'all was peaceful"
Rock testified that poker chips, red
blue and white all jumbled together
as if hastily assembled, were found in
the cupboard together with playing
cards. The chips were made of rub
Der and noiseless. He testified that
there were round card tables in the
basement room.
A Poker Layout.
'sYou didn't, see any boys playing
cards or poker there that night" ask
ed the defense attorney, land all the
cards and chips were found not on
the table but in cupboard?''
Rock admitted that this was the
fact. He stated also that there had
been complaints against the room as
gambling place.
Judge Slater: "The testimony of
Police officer Rock shows that this
place has the ear-marks of a gambling
room The defendant is here charg-
ed with keeping, maintaining a gamb
ling place, and he had there the ia
bles, cards and chips used for gam
bling there. These same things can
be used for innocent purposes but
this place has the ear-marks of gam
bling place However, the men were
sitting about talking when the Off
GERS entered and there were no cards
or chips found in their hands or on
the whole table. There is not testi-
mony here for me to say that the
defendant is guilty beyond reason
able doubt. Defendant is discharged
and case dismissed"