1927-10-30-sr-p1-new-plan-to-aid-big-bootleggers
October 30, 1927 Spokesman-Review Page 1:
NEW PLAN TO AID BIG BOOTLEGGERS
Judges Pass Question Here to Supreme Court.
After a conference here yesterday, the five Spokane county superior court judges decided to let the supreme court pass on its own acts when a charge was made that the state supreme court had usurped legislative powers in violation of the constitution when it adopted rules of procedure suggested by the judicial council in criminal cases.
Attorneys for John Pavelich and Mike Chatovich raised the unusual question yesterday when they were sentenced to prison for bootlegging. Pavelich is one of the most notorious Spokane bootleggers. His attorneys put the law question up to Judge Witt before sentence was pronounced and after the judge had called the judges together here it was decided that the question was one for the supreme court to pass upon.
Under the old court procedure, the judge would tell a jury that it should draw no inference of a prisoner's guilt or innocence from the fact he did not take the witness stand. Under this instruction, the prisoner was able to prevent the jury from assuming he was ever convicted before.
No Comment Made Now.
The supreme court has adopted the outline of the judicial council under which the superior judge makes no comment on the fact the prisoner did not take the stand.
When Pavelich was tried, Judge Witt accepted the rule adopted by the supreme court and did not comment on the fact Pavelich did not take the stand. The attorneys declared a new trial should be granted. They declare the supreme court had no power to make the rule that no comment should be made by the judge that the fact that the accused did not take the stand was not to be used as an evidence of guilt.
Judges Have Conference.
After Attorneys Joe Albi and Edward Connelly had argued the Supreme court had erred in passing such a rule of procedure in view of the constitution, Judge Witt called a conference of the judges. The decision was that it was a question for the supreme court and Judge Witt, sentenced Pavelich. He immediately appealed to the supreme court, and they must pass on their own regulation.
Pavelich has been convicted as a jointist in Judge Webster's court and the prosecutor will file an habitual criminal charge against him after he is sentenced there. He Was once acquitted on a manslaughter charge after his car collided with one driven by Dr. G. H. Green. The physician was killed.
The bonds of Pavelich and Chatovich were fixed at $1500 each.
