The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-01-22
SCHOLEY CASES
ARE DISMISSED
Green, Schend and Elem
ing Cases Dismissed
After Hearing.
THE LIBEL SUIT ALSO
A Different Case in Which A.
Scharpe Is DEPENDENT
Is Dismissed, Too.

Scharpe Is DEPENDENT
Is Dismissed, Too.
Constable John Scholey said he went
| to Martin Schmidt's Auto Stop Inn on
Milwaukee avenue. on December 10,
to collect money for some candy which
he had delivered to Schmidt.
| Martin Schmidt said that Scholey
was trying to collect "bribe money"
of him, because he, Scholey, had left
punch board at his brother John
Schmidt's place, the State Line Inn,
South Sheridan road.
Question: Who's on Trial?
| All this was part of the testimony
given this morning, in the municipal
court when William Schend, Thomas
Green and Daniel Fleming were de-
PENDANTS charged with larceny from
the person on the complaint of Con-
stable John Scholey.
It was rather mixed up affair, for
there were moments when spectator
wondered whether John Scholey were
on trial, or Martin Schmidt, or either
Of the three named defendants.
Scholey was complaining witness, yet
Schmidt was called also as a state
witness, though in reality witness
for the defense.
"Are we trying a case for bribery
or for larceny" the judge asked at
one time.
The first case called was that of
the state VS.. Green. Martin Schmidt
was the first witness called, John
Scholey the second. Green was charg-
ed, as were also Fleming and Schend,
with larceny Of the person by rob-
bling him, Scholey, of IS.
Judge Slater pointed out that Gar
ceny from the. person" is felony
punishable by not more than seven
years in state prison or less than one
or by fine not less than 5000. The
district attorneys office explained that
the complaint was drawn at the Office
of Court Commissioner A. e. Buck
master.
This is Scholey's testimony in the
case against Green, condensed:
He says he went to Martin Schmidt's
place at about $3.50 on the afternoon
of December 10, 1924, to collect four
| dollars which he says Schmidt owed
him for candy delivered December g..
He says Schmidt gave him four one
dollar bills and he added to them a
dollar bill that he had, and while he
d had the FIVE bills in his hand, three
men, Schend, Green and Fleming rushed
out from behind curtain and snatch
ed the money from him.
"Green held my coat and right arm
while Schend took the money" said
Scholey.
"Did Green take any money" asked
the defendant.
"No, he held my arm and coat" said
Scholey.
"What did any of these three men
say ?" asked Ruetz.
zone of them said he was going
to show the Kenosha Evening News
that / was collecting graft"
"on that day." asked Ruetz, ''did
you come to Martin Schmidt's place
for the purpose of collecting bride
money for leaving a punch board at
John Schmidt's? :"
mo, sir" answered Scholey.
"You're absolutely sure that you did
not say to Martin Schmidt that it was
getting near Christmas and anything
handed out would be welcome?"
"No, SIR"
j "You were q constable" said Ruetz,
"why didn't you arrest Green7'
II didn't want to get the small man,
l wanted to get the man behind" Z
"This happened on December 10th
/ 4 - al iva
December 9th ?" Eyes"
Didn't you 90 back to the Auto Stop
Inn and ask Martin Schmidt to stick
were collecting for and net bride
money!"
r "No, sir"
Schmidt's Testimony.
Martin Schmidt testified that Scho-
ley came to his place and tried to coll
lect bride money for leaving punch
board at John Schmidt's place in raid
three months earlier.
After hearing Schmidt's testimony
on this point, Judge Slater cried care
| we trying case for larceny or for
bribery, or are you trying to make a
fool of the court?''
Judge Slater dismissed the case
against Green, finding that there was
no felonious intent to commit larceny
from the person, point which was
necessary to prove. He pointed out
the gravity of the offense and stated
that if this were committed in the
lpresence of Constable Scholey or any
| other officer he should arrest imme-
diately, whereas week passed by be-
fore on arrest vpre uade
Attorney Ruetz asked Scholey if he
had not been worried at first lest q
warrant should issue for him for TAX
ing brides. and the constable answered,
II couldn't sleep"
TIE case against Almond G. Sharpe,
charged with criminal libel with Con-
sbable Scholey as complainant, was
dismissed on the motion of Attorney
Leo vaudreuil on the grounds that the
complaint did not state any facts to
constitute an offense known to the law.
The complaint stated that Sharpe had
caused to issue in print the statement
that "Scholey had collected a few
marked simoleons."