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TWELVE PAGES NO. 29012 Winonans Given Terms Under Jonesruck,d-leldI-mail a is at with was5 thenoonlevedtreet, c Mr. tollco £ thet the and ay at din-if W. Huff I for said stop the hackt Mr. pave-OBpI-ro-theC-rayLaw by U. S. CourtPenalties Biggest Ever Given Here in Liquor Cases; Pleas for Leniency Not Considered by Judge. Sentences of 3 Women Suspended, 4th Must Serve; Small Penalties Imposed on Possession Charges.ERSares7QVitlnglyingspon’new*lemo-theselledhaveTwelve Winona dry law violators, four of them women, felt the severe penalty of the Jones law at the opening of United States District court this morning when each was sentenced by Judge Joseph W. Molyneaux of Minneapolis to a term of two and a half years in the federal. penitentiary at Leavenworth, Kan., and in addition fined $1,000.In the cases of three of the women, sentences were suspended but the fourth was ordered to serve her term. More than two score of other criminal defendants, most of them held 011 charges of violating the prohibition laws, were to come before the court this afternoon for sentence.The sentences in the 12 cases were imposed when the persons charged with sale of liquor entered pleas of guilty. The terms are the heaviest ever imposed in liquor cases here sincu the advent of prohibition and in no case was an exception made, despite forceful pleas of attorneys and in one instance where a physician’s affidavit stated that the man was physically unable to go to jail for any long period.Those who pleaded guilty to charges of possession of liquor for sale were given small fines and others, pleading guilty to charges of maintaining a nuisance by having liquor there for sale, were given terms of 10 months in the Blue Earth county jail at Mankato and fined $500 each.Those who were fined $1,000 and sentenced to two years and six months at Leavenworth this morning were William Benning. Mrs. William Benning, August Breza, Katherine Burns, Emil A. Hoppe,-Mrs. Emil A. Hoppe, Leo-Podjaskif Mrs. Leo Podjaski, Henry Schumacher, William Lang and Peter Schmitt and his son Arthur Schmitt.AH Taken In Dry llnlils.All were arrested her© by federal prohibition agents during dry raids, the Hennings at their residcnco at 120 Wathiugton street; Bre7.it at 702 West Fifth street, a soft drink bar; Katherine Burns at tho Burns hotel, 279 West Second street, which she operated; the Hoppes at their residence and store at Sugar Loaf; tho Podjaskls at their residence at f»0Q West Fifth street; Schumacher and Lang at tho soft drink establishment at 179 East Third street, and tho Schmitts at the Grove hotol and saloon at’ Minnesota City.Mrs. Benning, Mrs. Podjaski and Mrs. Hoppe were placed on probation for two years and their sentences suspended pending their good behavior but Mias Burns must serve her term. In the Burns case tho court ordered that inBtead of Leavenworth prison she be taken to a place to be designated by the United States attorney general for women prisoners.Mrs. Benning collapsed when her sentence was read but revived when Judge Molyneaux went on to suy that the sentence would be suspended.Judge Lectures Defendants.Instructing the defendants at the opening of court that if they entered pleas of not guilty to liquor charges aud then changed them later u heavier penalty would be imposed, Judge Molyneaux said that severe sentences would be meted out in an effort to break these liquor places up.“It is utterly incomprehensible to me why you people put yourselves iu such a position/* the court said, It's a pity these women don’t have more sense but I suppose their husbands are generally to.blame. The men lead them into it und teach them to violate the law. 1 suppose also it Is because of tho sentiment of some communities, tho general talk about prohibition laws and the general contempt for laws but they will sec; what comes of it. Ono way to keep out of trouble is to stop selling liquor, and the object of these sentences Is to show the public what will happen If they insist upop breaking the law/*The court refused to grant all pleas for stays of sentence and ordered the marshal to take the prisoners away and mako preparations to leave as soon as possible for Leavenworth.Judge Sanborn Assisting,Judge John B. Sanborn of St. Paul Is assisting Judge Molyneaux at the term and Is handling all civil cases aud the abatement padlock proceedings in the court chambers. Tho jurors will not report until tomorrow, Before court opened this morning the courtroom wa« packed to capacity, mostly with defendants and the hallways were jammed with attorneys, defendants, witnesses, prohibition agents, onlookers, court attaches and others.It was announced during this morning's session that because of the large canlendar many of the cases will be continued to u special term which will bo held hero Feb. 8. Bet/weon now and that thue a number of new cases will also be added to tho calendar, following reports of a grand Jury, It was said.liuck Pleads for Client.Long pleas for leniency by a Minneapolis attorney and 11. L. Buck, Winona lawyer, were made in tho cases against William Lang aud Henry Schumacher but tho court refused both, in the Lang case the Minneapolis attorney said his client had no knowledge that he was committing a felony, that hu was merely an employe of the ilacc aud had been working for a for man by the name of Duke.who is now a fugitive from Justice, that Lang will had informed him that he had no property aud no money but that he had a relative iu Minneapolis who would pay his line it the court would impose a jail seutonco instead of a penitentiary sentence and iu addition give him a substantial line. Tho attorney said Lung was 00 years old aud in view of his age asked that a milder penalty be inllicted.Mr, Buck said that Schumacher was G2 years old, had never beon In trouble before, and went to work for the same man by the name ot Duke only (JO days before the raid iu which h0 aud Lang were arrested. The attorney Introduced as evidence an affidavit from Dr. W. b\ O, Ilelse, stating tihat Schumacher was Buffering from heart disease. In addition Mr, Buck pointed out that his client was a man of high character and a good church member but the court refused to muke any exception.Troublesome Place Huya Attorney.Assistant United Statep Attorney P. V. Kensch, in charge of the liquor cases for U. S. Attorney L. L» Drill, objected to a lenient sentence being imposed aud said that he had been Informed the establishment . where both men were arrested had been in operation in Winona since DPP0* [ beglnuing of prohibition and was “one of the most troublesome ^places in Winona.ted.r.p ofwere vhole SB at ! theange-n in-i the pal-? all id topress le tonage f the but 11 be next‘oncetenthe nes’s ■ roll thus overposal ot in i willctualsidedhave neral omit* will Iress y the I the » willhurs-Introlinerteds ofieoryisher,id atThe court said that the meu should have known better than to be In that sort of business, th^t such places would have to be routed, aud declared that It was LangVand Schumacher's own faultin such a position.Three Trainmen Die In Engine Explosionthat they wereOthers Sentenced.Other sentences imposed this morning were as follows:Henry Bauibenek, Winona, charged with possession of liquor, fined $350 and his automobile iu which the liquor
Newspaper Details
Winona Republican Herald
Winona, Minnesota, US
Tue, Jan 28, 1930
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USA 06 Mar 2020
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