 The trial began on February 6 , 1940 before Judge Patrick Thomas Stone , of the Western District of Wisconsin , sitting by designation . The prosecution 's opening statement was delivered by Martin Ward , the chief of the criminal division . Defense attorney William Scott Stewart 's opening statement argued that Glasser and Kretske were set up by E.C. Yellowly , the head of the alcohol tax unit . Stewart was the leader of a " battery of high priced defense counsel . " 
