South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-02-09
Accused ASSaiIant of Druggist
Fink Can't Be Tried for Of
tenSe While He is a ParOled
Prisoner.
GOV. RALST0N COULD
PARDON HIM, BUT
Officials Here Won't Ask ExeCu-
tive to Act Unless Sure They
Can Convict Hin-Fink is
Better.

An awkward dilemma faces South
Bend police officials in proseCuting
Harry Snow. believed TO be the as
sailant Of L. A. Fink. druggist. who
was shot last Monday night. Snow
can't be tried until he is released from
the previous sentence which he was
paroIed.
The release can be secured either
by allowing the prisoner TO finish
serving his eight year sentence or by
a pardon from the governor after
which in either case charges may be
made and the trial held.
The officials do not want 10 make
an appeal to the governor for a. pardon
until they have positive proof that
Snow is the guilty man. as should ne
be acquitted he could not be returned
10 the prison 10 serve out the previous
sentence. but would be a free man.
EVidnce 20 cOrrObOrate beyond rea
sonable question the statements OF
Fink last Friday morning at Epworth
hospital that SrOw was the man who
shot him. must 5e secured before au-
thOritieS viii take any chances anu
make an effort To secure the release
of the man through the governor. *
is probable that II no further evidence
can be secured pointing 20 the guHt
OF SNOW, charges will be deferred uu-
til his release after six years and ten
months at Jeffersonville. AZ an affidavit
can be filed within two years OF the
time Of the shooting, charging SNOW
with the hold-up and trial can Doe held
at any time within 10 years
Should Fink fail to recover a charge
OF murder could he placed against
Snow and the trial could be made at
any time he is out Of prison.
Fink's condition Monday morning.
however. was much improved. and his
physicians now are hopeful that his
recovery will be only a matter Of time.
If ne does recover a charge Of assault
with intent to kill can be made against
the assailant. carrying sentence on
conviction Of from two 10 fourteen
years given.
In case Snow is sent back 10 Jeffer-
sOnville on charge of violating his pa
role, he could go before the parole
board again after one year and If his
conduct justified IT, he could be pa
rolled again and local authorities could
rot prosecute him until a final release
had been granted.
At present Snow is confined at the
city police station. He has not been
questioned further about the shooting
and no one has been granted permlS-
sion 10 talk with him. An agent from
the prison will arrive in the city in the
next few days and viii investigate his
conduct since he was parOled and IN
less some other action is taken he viii
likely return him 10 prison. Snow
pleads guilty 10 violating parole. and
was caught in a saloon. Chief Kues-
pert thinks ne has the right man.
"If Snow was willing 10 take the
chance Of entering a saloon when he
knew he could be sent 70 prison for
IL. he would take a chance and com
NIT the shooting in the Fink drug
store" he declared.
For the last week detectives have
been following up numerous Cues In
tn hopes Of gaining Information that
Will throw light on the shooting. Prar
tically the only evidence secured
against Snow. however. is that ne has
been identified by Fink and $ known
TO resemble the man who committed
the act.