People v. Novotny

• Decision Date: 19 December 1922
• Docket Number: No. 14451.,14451.
• Citation: People v. Novotny, 305 Ill. 549, 137 N.E. 394 (Ill. 1922)
• Parties: PEOPLE v. NOVOTNY.
• Court: Illinois Supreme Court

305 Ill. 549

137 N.E. 394

PEOPLE

v.NOVOTNY.

No. 14451.

Supreme Court of Illinois.

Dec. 19, 1922.

Error to Criminal Court, Cook County; Albert C. Barnes, Judge.

Thomas K. Novotny was convicted of obtaining property by means of the confidence game, and he brings error.

Reversed and remanded.

J. W. Hallam, of Chicago, for plaintiff in error.

Edward J. Brundage, Atty. Gen., Robert E. Crowe, State's Atty., of Chicago, and Edward C. Fitch, Asst. Atty. Gen. (Edward E. Wilson, Clyde C. Fisher, and Alva L. Bates, all of Chicago, of counsel), for the People.

DUNN, J.

Thomas K. Novotny prosecutes this writ of error to procure the reversal of his conviction in the criminal court of Cook county of the crime of obtaining property by means of the confidence game, on account of errors occurring during the trial as well as the insufficiency of the evidence to support the verdict.

The testimony for the people tended to show these facts: The plaintiff in error was a volunteer Liberty bond salesman. In July, 1918, he was in the store of Wartun Margosian, in Chicago, and there met Rapan Mananianian, the prosecuting witness. Margosian told Novotny that Mananianian was his relative and came to see him because he was going into the army. Novotny asked if Mananianian was a citizen, and Mananianian told him ‘No,’ and Novotny asked him if he wanted to go into the army, and he said ‘Yes;’ as he was drafted, he had to go in class 1. Novotny told him that if he did not want to go he did not have to; that Novotny would help him out. He asked Mananianian if he bought Liberty bonds, and Mananianian said ‘Yes.’ Novotny then said, ‘Bring your Liberty bonds to me.’ Mananianian thereupon telephoned to a relative in Racine, Wis., Edward Guranian, who came to Chicago with $300 of Liberty bonds and $200 or $300 in cash. He testifiedthat he met Novotny with Mananianian and loaned the bonds and money to Mananianian in Margosian's shoe store. Mananianian introduced him to Novotny and they talked about the draft. Novotny said he was going to buy more Liberty bonds with the $200, and was going to show the government that Mananianian had $500 in Liberty bonds and was therefore not against the government; that he had a wife and family in Armenia and did not want to go because he was not a citizen. He said he was going to take the Liberty bonds to the draft board, and was going to show the government that this man was a friend and was going to take him out of the army. Mananianian had received his order of induction into the military service from local board No. 2 of the city of Racine, Wis., with orders to report on July 24, 1918, for military duty. He testified that he went with Novotny and Guranian to the local board at Racine, and Novotny told Mananianian to stay outside while he went in. Novotny came out in about 20 minutes and said everything was all right, and they returned to Chicago. Novotny told Mananianian that he was free from the draft. Afterward Mananianian showed Novotny a letter which Mananianian could not read. Novotny again went to Racine before the local board, where he was gone about 30 minutes. When he came out, he said he would have to go to Washington; that he needed money to pay the expenses. Mananianian then got the further sum of $199 from Guranian and gave it to Novotny, receiving a receipt stating that the amount was received on account of traveling expenses to Washington. After that Mananianian was arrested by the local board and was sent to Capmp Taylor, and he was in the service until after the Armistice.

Mananianian, Margosian, and Guranian were all Armenians. Mananianian had come to this country about 8 years ago. He had a wife and family living in Turkey. His brother had been hanged for deserting from the Turkisharmy. Novotny's defense was based upon his own testimony that he was employed by Mananianian to prevent his deportation; that Mananianian was afraid that he would be deported and would be executed by the Turkish government as his brother had been, and Novotny was employed to prevent his deportation; that Novotny said he would do the best he could for Mananianian and would go down and see Traeger, the president of the Illinois Western Security Company, by which Novotny was employed. Novotny testified that the next day he went to Racine and met Mananianian and Guranian there, and told them that, if there was any way of helping Mananianian, he would help him. He asked Guranian what was the matter with Mananianian, and Guranian said the police had got hold of Mananianian, and that they had hung his brother over there, and he was afraid they would hang him if he went back. Novotny told them that Traeger said he would help Mananianian; that he had seen Traeger, and that it would take some time; that Traeger did not want to array himself against the United States government, but he thought he could help Mananianian because he was acquainted in Washington, and Novotny said that he himself could help Mananianian with the local board in Chicago. They went back to Chicago, and Guranian gave Novotny the $300 in Liberty bonds and some money, and Novotny presented the matter to Traeger again, who sent Novotny to see them again, with the message that Treager wanted $199 for a trip to Washington, and they gave him the money, for which Novotny gave a personal receipt. Novotny took Mananianian to Racine, where Mananianian was present while Novotny talked to the local board. The matter was put over to such time as it could be arranged in Washington, and Mananianian went back to Chicago. Mananianian made a statement of what was wrong and they then went back to Racine, and the board there said the matter was being worked on by Traeger, and the local board had the matter put over until August, when Novotny and Mananianian went into the local board while it was in full session. The board. heard Mananianian's statement, and said, ‘All right,’ and ordered him to Camp Taylor. He was not to be deported, they said, and would not have to drill, but must put on a uniform. Traeger went to Washington, was gone a couple of days, and brought back a lawyer with him from Washington who helped Traeger to take care of the case. Novotny had a conversation with this lawyer about Mananianian's case, and he said they had gone through with it in Washington, and Mananianian would not have to be deported, but would have to go to camp and put on a uniform, but would not have to drill.

Mananianian, Margosian, and Guranian denied that anything was said about the deportation of Mananianian, and testified that they never heard of such a thing or that Novotny was employed for any other purpose than to get Mananianian relieved from military service. There was no evidence that any action had been taken or threatened for the deportation of Mananianian. Novotny knew nothing about any deportation proceedings. He stated in his testimony that the local board sent Mananianian a note stating that if he did not appear they would deport him because he was an alien, but he testified he did not see any record in regard to deportation proceedings and did not have anything to do with that, as that was not in his hands. The only statement he makes about it is that Andre, the Washington lawyer, said that they had gone through with the Mananianian case in Washington, and Mananianian would not be deported.

The evidence for the people tends to show that Novotny procured the bonds and money of Mananianian on the pretense that they were to be used for the purpose of...