The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-04-23

costs. He was arrested during
raid by the police sponge squad.
Judge Slater has dismissed the April
term jury for the time being, dis
charging them from further service
until call, which may be about the
middle of the month of May, he IN
formed the jurors.
Late Tuesday afternoon, the jury
brought in a verdict of not guilty in
the case of the state VS.. Elmer Shift
lett, charged with unlawful possession
of moonshine as the result of a
Scholey and police raid on the
premises at 463 Pearl street. At
torney Roy S. Stephenson represented
the defendant.
The testimony showed that Shifflett
was in room upstairs when the raid
on the place happened, and that, as
the defense attorney said, he was just
a "roomer or a guest" Constable
Scholey said that Shifflett had bot
tie in his hand and that he tried to
take it away whereupon Shifflett
thrust it into his pocket. Police Of
ficer Chase said that he saw the bot
tie only after it was pulled from
Shifflett's pocket.
SchoIey said the stuff was moon
shine, Detective Breidt, who was on
the raid, said that it was alchohol, and
Police officer Chase said he did not
know was it was.
The case turned upon the question
mainly of unlawful search, the de-
tense holding that the officers had no
right to search Shifflett without a
warrant, and the jury was so instruct
ed by the court. The question was,
Did the constable see the bottle
in Shiffletts hands before he secured
possession of it?,
The jury found. for the defendant
and the case was dismissed.
other Cases Dismissed.
The case against Henry Gallman
charged with destroying evidence as
the result of the same raid at 463
Pearl street, was dismissed following
the return of the verdict of acquittal
in the first case.
Other cases that have been dis
missed for cause were those of the
state against Louis Gipp, charged
with non-support, and against four
liquor defendants.
These four are Lawrence Hradsky,
614 Fairfield avenue, charged with
possession of two stills and moonshine
mash. This was another raid in which
Constable Scholey figured, together
with Sergeant Kirsch and Police Of
ficer Ernest Radatz of the police squad.
The reason given for the dismissal
was that the still outfit was found IN
the upper flat from which family
had moved two days before the raid.
Hradsky lived downstairs
The case against Victor Rossim, lbs
South Rowland avenue, charged with
possession of moonshine and wine,
was dismissed, also on the motion of
the district attorney The liquor was
found under the floor of a hot air
register, and as the raiding officers,
Sergeant Kramer and squad of the
police force, had no warrant for
search, the district attorney did not
believe that the case would stand up
before a jury,
The case against Joseph Poszkus,
$40 Northwest Main street, was dis
missed for the same reason. A glass
of moon was louHQ az Vic Gnu Va way
bar at a place which is run without
Glass A permit and the officers had
no warrant for search.
Stanley Raczkowski, whose bonds
were declared forfeited by Judge
Slater in the municipal court Tues
dav, was re-instated and the bonds
left intact by Judge Slater later after
hearing the explanation of the defen-
dant and his counsel. Raczkowski
pleaded guilty to the charge of de-
stroying evidence during a raid by
Sergeant Schneeberger and squad from
police headquarters October 4, 1924.
Raczkowski was fined $125 and costs.
The cases of the state against Aesop
Paylovic and William Stankewicz We're
also re-instated on the calendar, and
their bonds left as before when the
court learned that the cases were
ones in which state officers were to
testify and that the. defendants had
relied on this fact in not being in
court on Tuesday.