The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-11-19
CANT RELY UPON
| THE GIRL'SSTORY
Judge Dismisses the Case
Against Chafee on Char
acter of Girl.
PRESENTS AN ALIBl
Independent of Alibi Judge
Says He Would Not Let
a Jury Speculate


"I'm SO glsdl'' cried a little dark
haired woman as she rushed up to Leo
Chafee this noon at the close of his
case and kissed him.
Judge Slater had just dismissed the
case, and the first person to hurry to
the side of the man who had been
charged with attempted criminal as
sault upon a girl on May 20, 1925, was
his wife. "I'm so glad l don't know
what to do" she repeated, and the
two happy people, Leo Chafee and his
wife, went off escorted by Sheriff Will
lens, who was not acting in the char
acteT of custodian, but of friend,
and Attorney Leonard Baumblatt of
Racine. They hurried into Judge
Skaters chambers where the judge had
retired after giving his decision, and
voiced their gratitude.
The dismissal of the case by the
Judge came after a morning of testi-
mony presented by the defense, dur
ing which the Racine probation of
ficer told what she knew of the girls
faculty of not telling the truth and
of accusing other men Of similar
crimes; Mrs. Leo Chafee also took
the stand, as did neighbors and
friends of the accused man who came
here from Racine and helped estab-
lish an alibi, and finally Chafee him
self took the stand, and denied the
girls story.
Girls Character Decides.
A crowded courtroom sat quietly
through the lengthy decision of the
court, during which none of the spec
tators could guess just "what he was
going to do' until the last minute, fol-
Judge Slater's habit of withholding
his climax until the last is peculiarly
his own.
When Judge Slater dismissed the
case, he made it clear that he was do
ing SO not because of the alibi pre-
scented by the defense, but upon the
states own testimony, putting no Gre
dence in the testimony of the CIR
who hAd been the main witness and
the complaining witness in the case
"The testimony of the complaining
witness in this case from her own
lips" said the judge, "is that she has
had familiar relations with other men
that she was infected, that she had
gone to the docksl in Racine looking
for men, that she was convicted OF
larceny, paroled, violated parole, and
again committed laceny. This is not
merely case where the court might
feel that if the defendant were bound
over, no jury would convict him. The
question which confronts this court
is: What must a trial court do? The
courts duty is to the defendant as
well as to the state. A trial court
can not allow jury to speculate upon
such evidence. Without considering
the a1ibi in this case, which is some
what weak, I am satisfied that it is
my duty to dismiss this case. De-
PENDANT is discharged"
Racine Officer on Stand.
Mrs. Leona De Mint, probation Of
ficer for Racine county took the stand
for the defense of Leo Chafee this
morning when court opened at ten
o'clock. The courtroom was crowded
and this time Judge Slater allowed
the spectators to remain seated, and
also to remain standing, for there
were many who could not find seats,
and they lined the wall space
Mrs. De Mint said that she had
known the girl in the case for period
of ten years. The girl had several
times made complaints to her about
men in Racine, making charges SINH
lar to those she now made against
Leo Chafee. She said she had in
vestigated them and found nothing to
them. In two cases she said the
charges were false, and in another
case, there had an offense taken place,
but the girl herself was a willing
partner to it..
Complaint had been made to her
about the girl soliciting men about
the docks in Racine, and one time the
girl was arrested by Racine police
officer, and once she herself receiving
such a complaint had gone to the
docks, found the girl in the stateroom
and taken her away. The next day
she went to the girls house and the
girl then admitted relations with men.
She said that the girl did not tell
the truth unless she was pinned down
to it, when faced with facts which she
could not dispute.
On cross-examination Mrs. De Mint
admitted that she came to kenosha a
week ago on Thursday night and
spoke to the girl at the place she
rooms. She said that she said to the
girl, "Are you sure that your testi-
mont against Leo Chafee is true?"
and that the girl replied, "Well, all |
know is, called him Leo Chafee and
he said, Where did you get that
stuff? That isn't my name.'" She
said that the girl also said, 'He didn't
drag me, / went with him willingly
because he represented himself as a
member of the sheriff's department"
The girl. however, except for these
slips, stuck to the rest of her story,
she said.
Mrs. De Mint said that the girl had
once before told her story of a
"man who took her from young man
in car" and when, the falsity of the
story was proven the girl said, II
don't know why tell those things. I
wanted him railroaded."
Mrs. Leo Chafee on Stand.
Mrs. De Mint said that she herself
had been condemned in Racine for
giving her so much lee-way."
AS far as Chafee's marriage was
concerned, she said that it would have
taken place sooner, but she who be-
eoma Mrs Too Chafea hesifafed he