The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-03-12
FOUND GUILTY OF
DRUNKEN DRIVING
Frank Pavlovich of Brook
side Gardens Fined SIS
and Costs Today.
WILL APPEAL CASE

Following a trial in the municipal
court this morning before Judge Stat
err, Frank Pavlovich Of Brookside Gar
dens, South Kenosha, was found gull
ty of driving an automobile while in
toxicated on Milwaukee avenue March
1. Attorney James E. Tully who rep
resented the defendant stated that the
case would be appealed and jury
trial asked in circuit court.
Police officers Testify.
Three police officers testified this
morning that Pavlowich was intoxi-
Gated on the day in question. They
were Officers Arthur Riley, Joseph
Beam and Edward Pecan.
officer Riley said that Pavlovich
had run into another car parked at
the curb on Milwaukee avenue about
9:10 p. m. of March 1, and that when
he placed him under arrest, Pavlovich
was standing looking at the car he
had struck. Pavlovich admitted being
the driver of the car which struck the
parked car, the officer said.
He said the defendant at that time
was not sure on his feet, and his
breath smelled of liquor. He said
there was not intoxicating liquor in
the case. Officers Beam and Pecan
corroborated this testimony.
Pavlovich took the stand in his own
behalf. He said he was an expert
enced driver, could drive any car but
that the car he drove on March
needed repair. He denied being drunk
on the day in question, said that he
had had nothing alcoholic to drink
that day He said he had been to a
party at home on Fremont avenue
and Symmonds street, and about eight
thirty took other guests to their
homes, just prior to the accident. He
testified that he had never been ar
rested for intoxication or eny Of
tense. Valentine Schantak, guest
at the same party, testified that he
was with Pavlovich at the house and
later in Pavlovich's car and that the
defendant was not drunk.
Mrs Schantak and a young woman
who was also at the party and who
had also been taken home by Pavlo-
vich were witnesses for the defend
ant All testified that there had been
no drinks at the "pa=ty" which lasted
from four until eight-thirty other
than water, coffee and pop.
In finding the defendant guilty
Judge Slater said:
Defendant is here charged with
operating an automobile on the first
of March on public highway while
intoxicated. The testimony the state
offers is that of three policemen, each
stating under oath that the man was
intoxicated, and two of them laying
stress on the fact that there was an
odor from the breath. These men
have had experience in knowing when
a man is drunk and when he is not.
/ do not know why I should doubt
their testimony unless overcome by
testimony on the other side.
"This man had an accident. He ran
into car standing on the curb on
the widest street in Kenosha, Mil
waukee avenue, which is sixty-six feet
wide from curb to curb. Then there
was family gathering, a party as
they call it. They had only coffee
and pop, and the witnesses want you
to believe that they did not see this
man drink anything else. The descrip-
ton they give is not like parties l
have seen and doubt the coffee and
pop combination.
Il am satisfied that he was intoxi-
Gated The judgment and sentence of
this court is that he will pay fine
of SIS and costs or thirty days with
an additional sentence of thirty days
at hard labor"
In the case of an appeal Judge Slat-
er fixed bonds at $500.