South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-10-21
Eighteen Year-0Id Boy is Con-
viCted of ManSIaughter in
EIkhart Court for Killing
Emanuel A. Fink.
JURY REACHES VERDICT
ON ITS FOURTH BALLOT
First Vote DiSCIOSeS Two Hold
ing Out for ACquittaI But
Agreement is Attained at
9:35 on tuesday Night.

Floyd Fifer. IS years old. was
found guilty of the murder of f. A
Fink. the South Bend druggist who
died from wounds inflicted on the
night Of Feb. 2, and was sentenced
from to q years I'm the Jefferson
Vile reformatOry by the verdict of
a jury in the Elkhart superior court
which reported Wednesday morning
at 10 o'clock.
The verdict declaring Fifer guilty
was returned sealed Tuesday night at
9;35 o'clock and was opened shortly
after court convened Wednesday
morning -Four ballots were taken
before the decision Of the jury was
reached. The first two ballots stood
10 and ? for conviction. the third
II and 1. and on the fourth all -
jurymen voted to sentence Fifer to
the reformatory.
Both Fifer and his attorneys ac-
cepted the verdict Of the jury with
out emotion. the latter apparently
feeling that the sentence was as light
as could be expected. But the faith
er and mother of the boy and his
friends who were I'm the court room
when the verdict was rendered burst
into tears and the court was thrown
into an uprOar by their sobs. a num-
Der Of girl friends Of the young man
were present anu II was SbllAt AiihN
before they could be quieted when
the verdict was announced.
To Press Smith Case
The conviction Of Fifer will prob
ably mean that Joseph Smith, the
young man implicated in the muir
der Of Fink by the confession OF
Fifer, will be placed on trial in the
near future as an accomplice. Smith
is at the present time confined in the
state intends to push the case against
him during the next term of court
Emanuel A. Fink was shot on the
night of Feb. by young man who
entered his drug store on Michigan
av. and attempted to force him TO
give up the money in his cash
drawer. The rObber had dime and
bought some chewing gum. Fink
started to give him the change from
his pocket but the robber asked that
he have it in pennies. When Fink
stepped TO the cash register to get
the pennies the man, who is alleged
To have been F'ifer, told him to throw
UP his hands. Instead of doing this,
Fink started to attack the rObber
and in the melee which followed he
was shot and the assailant escaped.
Find Fink on Floor.
Passersby and neighbors attracted
by the SnOt SAW q man uiilAllAS
down the street and found Fink on
the floor suffering from the wounds
inflicted by the rObber. He was
taken to the hospital and several
DAYS later Fifer was arrested. Be
fore a number of police officers F1fer
confessed 10 having shot the drug
gist. explaining in detail his move
ments before and after the affair.
Joseph Smith. a friend. was involved
by Fifer and was placed under ar
rest He pleaded not guilty TO a
charge OF assault and battery with
| intent before Judge W. A. Funk In
the St Joseph circuit court
Shortly after this Fink died and
the charge was changed TO murder.
! When arraigned Fifer pleaded not
guilty and the case was venued to the
Elkhart superior court for trial.
Pros. c. r. Montgomery and Deputy
| Pros. Samuel p. Schwartz conducted
the trial for the state which started
| a week ago, while j. Elmer Peak OF
South Bend. and ShOOkey and Anglin
OF Warsaw were counsel for the de-
fendant
Ii was the contention of the de-
fense that the confession by Ftfer
was secured through third degree
methods and therefore was not ad-
missible 70 the trial but this was
overruled. proving the most vital
point in the conviction of the young
man. The defense made valiant
fight TO secure the freedom Of Fifer
/ by presenting an alibi.