American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1910-04-30
CHANGE OF VENUE TAKEN.
Tunny Trial to Be Heard Before County
Judge at Malad.

Herbert Tunny, charged with as
sault, had hearing Monday, before
Justice Bennion. A change of venue
was granted, Justice Bennion sending
the case to the county judge at Malad.
The trial is set for May II. Tunny,
who is a butcher, about 27 years of
age, has had some prize ring exper-
ience and appears to be proud of it.
called Archie Schwarz, an understood
boy of about 20, into the entrance to
the auditorium bowling alley, locked
the door, and beat him into insensibil-
ity. He then called Mr.. Quigley, man.
ager of the bowling alley, and Lawrence
Watts, and told them to wash the boy
and clean up the room and he would
pay them for it. The place where
Schwarz had fallen is said to have re-
sembled slaughterhouse. Schwarz
sustained badly fractured jaw and
was so badly injured that fears for his
recovery were entertained for time.
He is getting along as we'll as could be
expected, but there is possibility that
he will be marred for life. Tunny
claims to have only struck him twice,
holding him up for the second blow
The boy remembers but one blow. Tun-
ny justifies the assault by claiming that
the boy had been talking about him.
Feeling was very bitter against Tun-
ny for time, and it lacked only lead
er to have made worse affair of it.
Talk of tar and feathers and horse
whipping were frequent, and it is said
that Tunny sought refuge in the mar
ket one evening to escape from num-
Der of young fellows who did not wish
to do him any kindly service.
Feeling has quieted down consider
ably, but is finding expression in boy
colt which has been declared upon Mr..
Sparks, Tunny's employer, because
Sparks went on Tunny's bond. Many
people have declared they would not
patronize Sparks as long as Tunny is in
his employ.
Herbert Tunny did nothing which he
can point to with pride, in the brutal
beating he gave young Schwarz. Dur
ing his several months residence here
his conduct has been exemplary with
the exception that he has given the i'm
preston of carrying a chip on his
shoulder and was anxious to have some
one knock it off. His treatment of
Schwarz was natural outgrowth of
such demeanor. Thoughts mould
character. A man who pats himself
on the back because he can fight well,
and takes pride in the fact that he is a
good animal specimen is as certain to
develope character which is in har-
mony with an animal nature as that
plants will thrive in fertile soil. 1t
was not passion which prompted Tunny
to coolly invite Schwarz in a room, lock
the door and cruelty beat him. The
brutal trait was there before the deed
was done, and it was cultivated and
developed, without question, by the ma
ture of the thoughts Tunny has har-
bored through the years of his develop
ment. He is capable of being much
better man than he is, and severe
punishment may, aside from satisfying
the law, be the most kind thing which
can be done for him.
The Press has no sympathy with the
boycott movement, however. Mr..
| Sparks has been and is now one of the
best disposed, highest minded and best
men of the town. 1t is asking a good
deal of a man to cripple his business by
discharging help which it is impossible
to replace on short notice, simply be.
cause that help has done something
which the public greatly disapproves.