The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-03-01
SAY SYMMONDS
HAS NOT A CASE
Barnett Through Counsel
Holds Symmonds Com
plant Unimportant. i
NO CAUSE FOR ACTION
Demurrer Filed Today in Dis
trict Attorney Contest Con-
sists of Three Lines.

District Attorney Morris Barnett
this afternoon filed a demurrer to the
complaint Of Frank s. Symmonds in
the contest for the Office of district
attorney commenced by the latter.
The, demurrer consists of a couple of
lines stating that Mr.. Symmonds in
his complaint, has given no facts
which could constitute cause of ac-
ton.
In the summons and complaint of
the former district attorney, Barnett
was given twenty days in which to
file an answer, and the reply comes
on the afternoon Of the nineteenth
day.
AS. the reply comes legally in the
form not Of an answer" but of a de-
murrer, the frst thing to be argued
in the case is whether Mr.. Symmonds
will be able to get into court at all
with his suit against Morris Barnett.
The matter will probably come up be-
fore Judge Belden some time after
March IL.
Stewart Sees No Case.
Calvin Stewart, who represents Bar
nett as counsel, stated this morning
that after reading carefully the en-
tire complaint Of Symmonds, he found
no important statements that he could
deny, and those allegations which he
could deny, he held were trivial and
unimportant.
"Mr. Symmonds alleges that he was
appointed to the Office of district at
torney by his Excellency, Governor
Blaine" said Attorney Stewart, "and
cannot deny that He alleges in
his complaint, moreover, that in No
vember, 1922, there was a general
election held, and that likewise is I'M
denWble. He alleges that he was a
candidate on the Republican ticket,
and that is true, as we'll as the fact
that Morris Barnett was candidate
on the Democratic ticket, likewise
true. In fact we concede his state
ments as all true up to the election.
He then goes on and makes various
allegations which to my mind have
nothing in them to constitute a cause
Of action"
Barnett Has Nothing to Say"
Meanwhile Morris Barnett refused
to make any comment upon the de-
murrer being filed, oHtupon the suit as
commenced by the former district at
torney.
Il have nothing to say" he said,
and added with a twinkle, 81 have
nothing to say because it doesn't seem
to me necessary to say anything"
Circuit court will open formally on
March 12, On this date it is expected
that the regular criminal calendar will
be taken up, and the civil calendar
later. The case of Symmonds VS.. Bar
nett therefore it is thought will be
called in it's turn on the civil calen-
dar.
The first matter to be decided is
whether Frank s. Symmonds will be
able to bring his case into court for
trial. If the court holds that he has
in fact grounds for an action, it is ex-
pected that the trial will be one of
the most unique ever held in the Ke-
nosha courts.
Say Nothing of illegal Voters
In the complaint of Symmonds he
alleges that there were about 500 per-
sons in the Sixth and Eighth wards of
Kenosha who voted illegally, but this
matter is not touched upon in the
demurrer just filed by Barnett through
his counsel. Perhaps when the ar
guments on the demurrer are heard
before Judge Belden in March, Call
win Stewart as counsel may have
something to say. However, he made
no statements on this point in discuss
ing the matter this morning.
The demurrer consisted Of merely
the brief statement of a couple of
lines to the effect that Frank S. Sym
monds has STATED no facts sufficient
to constitute cause of action"
sssA