South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-12-23
BOYS ACCUSED OF
PERJURY BY JUDGE
Attorney Denies Charge Made
During City Court Trial.
Defendants Freed.

'If this wasn't a tragedy il would
be funny" declared Judge Herbert
j. warner in police court Thurs
dav morning. following fruitless at
tempts on the part OF the state 20
bring out testimony in cases against
I'VE youthful residents Of the west
part OF the city who were charged
with stealing coal. iron and brass
from the New York Central Rail-
way Co.
Exasperated following an hour Of
examining and crOss-eXaminins'
Judge Warner issued a stiff ar
raignment and dismissed the de-
PENDANTS for want OF evidence.
1T is "a shame" he said, "and a
disgrace TO this court. Evidently
these boys have come here instruct
ed. and under these instructions they
have perjured themselves one way
or another If they were older IT
would DE fitting to launch such a
charge, but as it is and in the face
OF the evidence tetI uo AlOAAAAAib pNN
order them discharged"
Here Joseph WypiszynsIi, attorney
for the defendants sprang to his
feet.
Attorney Objects.
This Is the first time in my 10
years practice before a bar in St.
Joseph county that 1 have been ac-
cused OF such practices. l want the
court TO know that these boys were
told to tell the truth, the whole
truth and nothing but the truth
I"
The court said nothing concern
ing the guilt in this perjury charge.
but III the shoe fits-wear it, said
Judge Warner as he left his chair.
Ranging around 16 and is years
Of age. George SwartZ, Joe Banski,
Fred Jozwiak, Victor Zalos and Cas-
mier Sobyak, were arraigned follow
ing a stormy argument between
Wypiszynski and Deputy Pros. Dan
Nye. Railroad detectives, prOsecu-
tors who didn't know the law and
courts that refused to permit lawful
practices were rallied at by the at
torney for the defense. Argumentary
tits between Nye and Wypiszynski
were frequent. The latter didn't let
up on Special officer Montgomery
for the Lake Shore until after the
hearing. when he passed the lie at
the sergeant's desk, and as quickly
apologized.
Steve Luczyk was the first witness
called for the state. He didn't know
anything; he didn't remember any
thing: he fought examination with
sullen noes TO query after query.
Luczyk is "A ward of Juvenile officer
Miller. He denied making state
ments TO him. and to Nye and
Montgomery as well. Finally Judge
Warner took a hand in the examina-
ton.
Judge Takes Hand.
ut is evident there is a lot OF
lying going on here" he said, heat
edly. Its bad enough 10 steal coal
without committing perjury. Some
one has instructed these boys 70
perjure themselves in their testi-
mony."
wypiszynski leaped to his feet
with a remonstrance and an objec-
ton. and launched a TRADE against
Lake shore detectives. Ignoring the
attorney. Judge Warner turned &C
the witness. a boy of 16.
What do you think this court Is
fool?" he cried. and a little light
was shed on the testimony taker
thereafter.
Steve denied talking 20 Miller; ne
denied talking TO the detective; ne
denied talking To Nye, and Mont
gOmery and Miller were both called
20 the stand. They told of the con
fessions Of Steve and Swartz re-
garding the theft of coal. of iror
and Of brass, and of the selling OF
the iron. Both Steve and Swarta
said they hadn't talked 10 either
Miller or MONTGOMERY though ad
hitting conversation with them later
Then the five defendants were or.
dered by the court TO stand up. on,
after another they repeated tn,
same words:
II don't know nothing abOu
iron" and sat down.
Judge Warner ordered the dis
charge.