The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-08-20
JULIUS KLOUS
CASE DISMISSED
Charge of Driving While
Intoxicated Doesn't
Stand Up Today.
JUDGE LAUDS KNAPP

After a trial in the municipal court
this morning before Judge Slater, the
case of the state against julius Klous,
charged with driving an automobile
while intoxicated on August /, was
dismissed and the defendant dis
charged Klous was arrested on the
complaint of Edward Knapp, of Pleas
ant Prairie, who secured a warrant
through the district attorneys Office. /;
Knapp and his wife and thirteen
year old son, were the witnesses for
the state this morning. None of
them could say that they saw Klous
stagger or that his breath smelled
of intoxicating liquor,
Judge Commends Him.
But in dismissing the case for lack
of sufficient evidence, Judge Slater
commended Mr.. Knapp for the interest
in the case and for giving the atten-
tion to it that he had, declaring that
it was the duty of every citizen to do
their part in clearing the highways
of the menace of drunken drivers.
Knapp said that on the night of
AuSAoe 4, @pOuS eSA y SA0Sh, &AA0uS
passed him on the Geneva road driy-
ing car at the intersection Of Grand
View avenue. Klous passed Knapp's
car on the right hand side. Mrs,
Knapp said that she CHANGED to look
back, saw Klous coming on the right
side close to them and cried to her
husband to pull to the left or they
would ho knocked over
All the way from Grand View
avenue to Truesdell, Knapp said that
Klous' car zig-zagged upon the road,
being sometimes off the concrete and
sometimes over the center black line,
Klous was going about twenty miles
an hour, and Knapp kept up about
the same speed following him.
Call Out Deputies.
At Truesdell at place called "The
Shack" run by Frank Burt, Klous
stopped. He had an argument with
the woman who was in the car with
him, who did not want him to stop.
Knapp went in and called out two
motorcycle cops, Deputies Erickson
and Brownie, telling them there was
drunken driver without. He adj
mitted that the deputies did not ar
rest Klous. Knapp said that Klous
did not stagger when he got out of
the car, Or sway sideways, ''but he
walked forward as if his head were
heavier than his body" he said.
Klous yelled to the deputies, using
round oaths, and cried that he would
buy them "the best drink in the
house." the witness said. He could
not catch the reply of the deputies,
but the answer silenced Klous a few
in similar vein. Knapp said that
Klous went in and came out and then
drove on, stopping at the next road
house, Bloxdorf's place, a quarter
of mile west of Burt's.
Knapp admitted that he smehed
no liquor.
Deputies Not Called,
Deputy Sheriffs Ericksen and
Brownie were in the courtroom, called
as witnesses for the defense.
At the close of the states testi-
mony Attorney Leo Vaudreuil, repre-
senting Klous, moved for dismissal
on the grounds that the testimony
did not show that an offense had
been committed.
ct is no crime to get off the con-
crete, Or sometimes over the black
line" said Vaudreuil. "The state
witnesses say that Klous did not stag
ger, and that they did not smell liquor,
If he had been Intoxicated, the depu-
ties would have arrested him."
Judge Slater granted the motion
dismissing the case, but also COM
mending the complaining witness for
his efforts in it.
While the county motorcycle Of
fcers were not required to take
the stand, Deputy Erickson made his
own explanation.
"Mr. Knapp told me that there was
a man he wanted me to look over
because he thought he was drunk,
said Erickson, stand l said Much
obliged But when / saw Klous,
could not say he was intoxicated. The
other motorcycle officer and follow
ed him a quarter of mile, but he
drove along all right. He drove
about twenty miles an hour, kept to
his side of the road, and got in and
out of the car all right. We could
not say he was intoxicated, and foI
that reason could not arrest him;
for that reason also, this would have
been our testimony today, had we
been called"