Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1925-07-01
A DISSENTING
OPINION HOLDS
FOR SHIELDS
Judge CrOwnhart Sides
With BOscObel Cop
Scores Khan Parade.

ton of George Shields, BoScobel po-
liceman for assault during a parade
of the Ku Klux Khan.
The lower court convicted Shields
of assault in connection with physl-
cal encounter he had with khan mem
bers during parade and sentenced
him to four months in jail and line.
"Shields, to my mind, was the inno-
cent victim of a dastardly assault,
Justice Crownhart summed up his find
ings. 'He was convicted for doing
his duty while his masked assailant
goes free
Sketches Facts.
In his dissenting opinion Justice
Crownhart sketches the facts that led
up to the trouble. He declares that
while the mayor of Boscobel had Civ
en- permission for the khan parade
there was no notice of such permission
to Shields and that the mayor was I'M
der the impression that the parade
would be held during reasonable
hours"
about 10:45 p. m. of the night IN
question Shields heard that the khan
was marching into the city" the opln-
ion declares. prior thereto, on the
streets OIL bOSCOU0l, lie hclo OfOAAIOcAAN
conversations of various persons dur
ing the evening, which led him to
think that if the khan marched on the
main street where the crowd was
there might be trouble of a serious ma
ture. He therefore proposed to the
day policeman, who was present, that
he would meet the marching khan and
turn them onto side street. He met
them and commanded them to halt
The klansmen in the line, eighty to
one hundred members, disregarded his
command and continued their parade
into the city. The marchers were dis
guised with robes, and masks over
their faces Shields thereupon sought
to identify the leaders by raising the
masks of three members in turn as
they marched by him. AS he started
to lift the mask of the third member,
one of the members marching on the
opposite side from his stepped out
of line and struck Shields a wicked
blow from behind on the head, result
ing in knocking Shields back into the
crowd that lined the sidewalk, partial
ly stunning him and evidently confus-
ing his mind. The blow was evidently
struck with some blunt weapon, as it
raised a lump on Shields head about
the size of a walnut, which did not
disappear for some days. Shields re-
covered his position, pulled a revolver
from his pocket, and attempted TO
shoot his assailant. The gun missed
fire and no damage was done. Later
he was arrested, charged with assault
with intent to do great bodily harm,
and convicted on jury trial.
CritiCiseS Court.
Justice Crownhart criticises the
conduct of the trial in the lower court.
"This case presented questions OF
fact for the jury, and if properly sub
mitted to the jury the conviction
should stand" Justice Crownhart de-
clared However, it is contended
that serious errors were committed on
the trial which prejudiced the defend
ant"
Justice Crownhart points out that
at the trial a woman member of the
khan was a states witness. She stead
fastly refused to reveal the name of
the woman marching with her and
Judge Sherman Smalley ruled that
she did not need to disclose the name
of the woman.
Alan DISSulSeus
"It is to be remembered that the
klansmen were disguised and Shields
had no way of Identifying members
except through the states witnesses,
the khan members themselves" Justice
Crownhart points out. 1T will be
noted that the trial court did not rule
out this evidence on the ground that
it was immaterial or improper, but on
the grounds of privilege to the wit
ness. The witness objected to testify
ing on the subject and the court SYM
pathetically excused her. The district
attorney had made no objection. The
action of the court would seem to in
dictate sympathetic attitude on its
part to the witness which might we'll
and probably did impress the jury. l
think the ruling of the court was pref
judicial error
The court again erred in its in
structions to the jury according to
the dissenting opinion. Eight state
ments to the jury are admittedly in
correct" Justice Crownhart declared.
"The situation is this" Justice
Crownhart continues. "The court
gave the jury six erroneous instruc-
tions on the law of self defense on the
point vital to the defendants case,
and once in distinct and separate
part of his instructions the court gave
correct Interpretation Of the law
How can it be said that the erroneous
instructions were non-prejudicial? To
my mind the erroneous instructions
were highly prejudicial and constitute
reversible error
Parade at UnSeemly Hour.
eve must consider the natural ten
dency of an organization marching in
disguise, whose creed prescribes GER
tain religious orders, certain classes
of American citizens, and persons not
native born citizens. We must consid
er that the khan was marching into the
city at an unseemly hour of the night
when peaceful citizens were seeking
repose. They were largely strangers
to the city of Boscobel We must con-
slider that it is common knowledge
that such occasions had heretofore
caused serious disturbances of the
peace in this country. is said that
they were marching peacefully with
folded arms But they had adopted the