The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-10-23
Joseph Machiulis is Bound
Over on Charge of Hav-
ing Big Still.
AFTER DE LUXE RAID
Owner of S. Edward st. Place
Charged with Possession
of Outfit.

Joseph Machiulis, who owns the
premises at 21S North Edward street,
will have to face trial on the charge
of unlawful possession of the de
Luxe" moonshine distillery, moon
shine and moonshine mash which was
found by the police in the garage Of
the place during a spectacular raid on
September Is, 1924. 1t was q $50
called" garage, for the police as a
matter of fact found it g moonshine
factory.
| Following a preliminary hearing in
his case, charged with violation of the
state law, held before Judge Slater In
the municipal court Monday after
noon, Machiulis was bound over for
trial, bonds fixed at $1,000.
Tells of Stuff Found.
Secretary Emil Meissner of the po-
lice department was called to the wit
ness stand by District Attorney Nor
ris Barnett in behalf of the prosecu-
| ton to tell what had been found on
the premises.
eve found in the garage" said the
police officer, "a one hundred gallon
still, two coolers, two coils, an Oxy
gas tank, nine hundred gallons Of
mash, three gallons of wood alcohol,
and ninety -eight gallons of moonshinc
| liquor; that's ALL.
"All?" echoed the judge, with an
| infection Of irony.
Admits Alcoholic Content.
Attorney Leo Vaudreuil for the de-
tense, admitted the alcoholic content,
and conferred his opposition on other
| matters.
In the first place, he attacked the
search warrant, holding that it had
not been properly issued. AS 1t was
Judge Slater himself who had issued
the warrant, the defense counsel was
rather up against it. Vaudreuil de-
clared that Charles Rock, the police
| lieutenant, who secured the warrant
had not been sworn before he answer
ed questions in the necessary affidavit
which must be made out nowadays.
In the affidavit the officer or complain
ant on oath must state that he has
knowledge that there is cortraband
liquor in such and such place.
If necessary I will take the stand
myself" said Judge Slater dryly, ITO
show that that warrant was properly
issued by this COURT
The motion of the defense to have
the case dismissed on the grounds
that the premises had been searched
without warrant properly obtained
therefore lost.
But in the motion of the defense
the defendant had ''prayed for the
return of the articles" to the place
obtained. That is, Machiulis through
his counsel asked for the return OF
the moonshine still, coils, coolers, oxy
gas tank, moonshine and mash to the
garage on the premises at the corner
of South Edward street, whence they
had been so rudely removed By the
ruthless police month ago.
| This, the court seemed to think,
was asking a great deal.
When all Of the state testimony was
| in, Attorney Leo VANDERBILT asked for
the dismissal Of the case, on the
grounds that possession had not been
proven.
"But in the first motion, the d.
! fendant prays for the return of the
still, etc." said the Judge. "What
does he want it back for if it is not
his ??
Machiulis did not take the stand,
and his attorney did not deny thar
the man owned the premises where the
still outfit was found. Adam Salads,
who rents the store on the corner
Testified that the rear@two rooms in
the store had been occupied by Ma
chiulis and that it was his, Maehiulis,
clothes and personal belongings that
were found there by the police on
their visit in September. Salads sSSd
that he did not rent the garage.
Judge Slater then ordered the de-
fendant bound over to the January
term, bonds $4,000.