Hammond Times, Volume 16, Number 98, Hammond, Lake County, 13 October 1922 — Page 7

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SOLOMON

Hammond Judge Denes Anyone to Say That He Has a Soft Job. King Solomon as jurist had a soft job compared with tliat which yesterday confronted Jutfije Henry Cleveland in city court. Three cases

whose ramifications were so devious tha.t the judge cried aloud for a "He-detector" like the slus-detect-

j ors now used in the New York sub

ways, were unfolded before three different throngs, each of which, congregated to see a particular friend -vindicated, a villain punis'hcd, the law uphold and justice done. It was an arduous day for the court and when the electric lights blazed a welcome to night and tho odor of pork chops permeated the atmosphere irom the jail cells below, the arbiter of right and wrong gathered his ermine about him and closed the balance book in which he had that day inscribed tho fata of three persons. One was sent to jail, a second was bound over for the consideration of a Jury and the third was held In abeyance, "foi further investigation." CASK OXK. State vs. Louie Toth, barber. Charge. Violating stule liquor laws, laws. THE EVIUEXCE. Toth's place is raided. Police find a mop 1 anglng over a" fence in the rear o the barber shop. Concealed in the folds of the mop-cloth is a pocket and in this pocket a pint of moonshine. Toth twice before convicted of same charge. First conviction resulted in fine.. Second in fine and suspended sentence of 120 days. If found guilty this time he will get limit of law, probable fine of $200 and cost6 and six months in jail, besides bavins' to serve suspended sentence. THE TRIAL. Toth takes stand in own defense. He denies ownership, of liquor. He admits telling raiding officers it "might have belonged to my wife." He places guilt upon youth, brother-in-law, staying at his place. He summons the boy from the rear of the court room. The lad takes the stand. He is eighteen years of age and claims to own the liquor. lie says be has sown with his own hands the sack in the folds of

the mop and used it as a hiding! place for his moonshine. He had a cold. He needed the comforting warmth of the hooch, he says. He denies collusion with Totli In framing story. lie says confession is voluntary because "he don't want someone else to suffer for what he done." Investigation of pocket shows that it was machine-sewed.

This blast's boy's story. Then he says Toth's aged mother sewed it for him without Toth's knowledge. He steadfastly maintains his guilt while Toth as persistently pleads innocence. THE PR Oil I. KM. Toth, If convicted, faces long jail sentence, heavy fine. Has he appealed to the boy to shield him, promising remuneration beyond anything the lad might otherwise dream of? The youth, with bold front and air of scornful bravado throughout trial displays unhappy Ignorance of the- enormity of his situation. Is the boy through filial devotion to his sistsr masquerading as the guilty erne to prevent the jailing of her husband? Is it possible that Toth knew nothing of the moonshine In the mop? That, in fact the boy is guilty and that, instead of Toth someone else knew of the mop and its contents? the nisrosmox. On the boy's admission of guilt the court lan do nothing else than make a formal charge of violating the liquor law against him. The lad Is locked up. The court reserves final decision pending a further Investigation In the hope or proving the innocence of Toth, his g-uilt, the guilt of both or conspiracy to defeat Justice. CASK TWO. State vs. Mike Kunich. Charge, kidnapping. THE EVIDENCE. Mrp. Helen Burkhavd on the stand charges the defendant with attempting to kidnap her. She lives at SOS Beall avenue. The defendant in East Chicago. She says: That she has lived "off and on" at the Beall avenue address for a year. She makes monthly trips to New York. That at 4 o'clock in the afternoon she was walking along Highland street just west of Calumet avenue. That Kunich drove slowly up to the curb in hla Dodge touring car, raised his finger and said, "Downtown?" On the windshield of the machine was a small, square white piece of paper. This with the gesture of the driver made her believe it was a Jitney. She got into the front seat, next to Kunich. She paid no attention to the course taken until she suddenly realized that she was in Fayette street, speeding- east. Thence to Calumet avenue to May street to Columbia avenue to Sum

mer boulevard and east in the boulevard to Forsythe avenue. Throughout the ride, during which Kunich was forced to alternately slow down and speed up with the vagaries of the traffic, she made unsuccessful attempts to get out. pleaded with Mm to stop, called for help and otherwise sought to escape. She succeeded in attracting th attention of but three people during the flight. One of these was the motorcop who arrested Kunich aftethe latter had stopped and allowed Mrs. Burkhard to dismount In Forsythe avenue. Another was a Mr. Campbell, operator of a store on the East Side and friend to Mrs. Burkhard, who saw the car turn into May street from Calumet avenue. He saw; the woman and her signals of distress. He did not see the driver. The third witness was Mrs. Abele. owner of the rooming house in Beall avenue where Mrs Bnrkh.ard and her husband are living. She w .is washing windows at the home of Mrs. Oscar Sheffield and testified that she heard Mrs. Burkhard call as the car sped past the Sheffield home. Mrs. Burkhard was known also to the motorcop who says he saw her frequently at the store iiV which both trade. All three witnesses were known to Mrs. Burkhard.

iihe testitiad that Bhe was released from the car after it had reached a point in Forsythe avenue, about one mile and a half from Columbia avenue. She bad the door of the car open at all tlme3, she said, but was afraid to Jump until the machine had slowed to a speed of three to five miles an hour. Kunich made to attempt to prevent her leaving the car when she finally succeeded in doing so, she said. No advances were made by Kunich. Kunich, on the stand, denied he was a Jitney operator, denied there

was any white paper on his windshield, denied that he had represented himself as a Jitney man. He said further that Mrs. Burkhard en

tered the car in Carrol street, not Highland street. That he threw the door open after she had responded to a smile from him. Albert E. Griffith, uttorney for the defense, sought to Impeach the plaintiff's character, her motive for entering the car and called to the stand character witnesses for his client. The state rested on the evidence The defense argued. THE PROBLEM. In broad daylight on a busy Ha mond thoroughfare a woman char, she was kidnapped by fraud.' .' says she was forcibly carried t point several, miles from where entered the car. Testimony pro that the car traveled at vary speed. Especially at the Junctun Columbia avenue and Summer bou vard, where the street is torn i necessitating one-way traffic a slowly at that. But the woman i mained In the car In spite of ju tests that she sought to escape. S denies that she smiled at the driv that she entered the car for a "jo ride." (By a curious coincidence a her witnesses happen to be friend:of hers. None others are Intra d-uced by the state during the trial Kunich. the defendant, afflM-a no

rason for his escapade. Thert !

is no evidence that he made improp er advances. There is no evidence of collusion between witnesses not is a motive for any suoh projectea. It is aparent that neither the delendant nor the plaintiff had eve. before met. THE DISPOSITION. Judge Cleveland thought long

and carefully of the charge of kidnapping. He fined the defendent guilty of speeding. But the second charge carries a sentence of two to fourteen years on conviction. The j court did not express its opinion audibly on the Implications that might be entertained. He did say j that "plck--4s," such as the defendant charged, wf.re common in I Hammond. He did say that the woman probably entered the car of j her own volition. If kidnapping:

were attempted the violation began j not when the woman entered the car, he held, but from the moment I

sought to show the worthlessness of tho woman with whom he had boarded for three years and In fact with whom, according to evidence, he had lived on more intimate terms than exists between boarding mistress and boarder. He wanted the court to take him at his own exalted opinion and contrasted his sanctimonious conduct with the de

gradation of the woman. THE DISPOSITION. Both defendant and plaintiff "were charged with having lied with abandon. Truth showed but a puny head among the stalwart paclc of lies that rolled with becoming frequency from the Hps of both. The question was not whether McJoihnstone wa Justified in administer

ing a beating but whether he had done so. Mc.Tohnstone's etout protests of bis innocence were overridden by the evidence and the court fined him guilty. Ills attorney leajjed up in a great hjjff and said he'd file- appeal bonds immediately Judge Cleveland fined McJohnstone $25 and costs and sentenced him to the countv Jail for thirty days.

that she. tired of th.' requested to be let

adventure and out. He held !

that there was not a preponderance!

of evidence clinching the guilt of Kunich, but he thought there was enough evidence, "of probable cause"' to warrant a bind over to the criminal court. He did that and Kunich was freed In bonds of $2,000 pending his trial before a jury. THE THIRD CASE. State vs. Gilbert McJohnstone. Charge, violating the liquor law and assault and battery. THE EVIDKNCE. The charge of a v. 1. 1. occupied only a few tr.inutes to prove it groundless and the defendant was

discharged on that count. j On the charge of assault and battery, Mrs. Edith Turner took the stand as plaintiff. Both eyes were j blackened, her face was cut and j

she offered to show the court bruises to her arms and shoulders. The- court held that unnecessary, saying that it wag apparent on the face of It that an assault had been committed. Mrs. Turner, on tho stand, as

serted that Gilbert McJohnstone, de-

fendant, had returned to her boarding house Monday afternoon, after phoning a few minutes before that she was to pack his lunch as he would leave Immediately for work at the Standard Steel. He arrived, drunk, she said. He offered her a drink. She refused and he, with an exclamation that "You'll drink with others but you won't d'ink with me," sailed into her, inflicting the wcunds visible to the court. He left and attempted to get away in his machine but police arrived at th,it mdment and arrested him. McJohnstone took the stand. He denied having even touched her. He had not entered the house. His arrival at the place brought her outside. It was dusk. He could not tell whether her face then was marked by bruises or her eyes blackened. She fell on the ground. He tried to turn his car around. When he looked back she had disappeared. She appeared at a window and said she had called the police. He tarried and the cops got him. He said on his arrival he noticed a man leaving by the rear and dashing off in the opposite direction. THE PROni.EM. The woman was beaten up. McJohnstone was the last seen with her. Another man, alleged to be a bootlegger named Burker, was believed to have been the figure that disaripeared in the rear on McJohnstone' arrival. McJohnstone

CROSSED EYES STRAIGHTENED

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The illustrations lmf are of JwJm?.? Chicago busint. man, who ttrmightened by m. From n.n .hoWin n M pos.rT.rn, har,dioappl by this t.bl""e1?& hV,t anew lea.se on Uf e when hyes erlr,jle normal, nnd tha dream of hi l to have evea-ckme true. He now occopie TenppnsMe portion, and is a happy, ambitiou. man. he 3"5l ""J of many hundreds whoseeyw I h"tr?'rhira2r log the many years I have been practising in Cnicaeo. S3 Years on State Street If yonr eyes need atraijrhteninir .cpme ". I do this work ritrht in M mrtof .n?5r ttendants. danBer or chloroform. I j-hs frea of c-rge, and my terms are ",'e a wish, take this ad wth you and f o ."1"''n Sir. D.ea at his home. 6248 So. V?rJ' Chicago. Or write him, enclosing stamp lot repr. 3a will tell yoo about my work. DR. F.O.CARTER

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