South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-24

jet OF an attack by Schultz. There
were more than three in the attack
ing party. the witness said. and IN
the confusion he did not clearly rec
oinize ali OF his assailants.
Upon Houlihan's question as 20
whether Tobinski was "A sIrikebreaK-
or the witness replied that he was
not. after objections had been enter
cd and overruled. and announced
that he came 20 South Bend Ito
make his living" He denied upon
close questioning by Houlihan that
he had been engaged in strikebreak-
ing pursuits in Detroit, where ne
worked at Ernsberger's. a large
plumbing and heating concern. and
/ in other cities. He said that ne had
\ lived in South Bend for the last
seven months. He said he is now
\ living at 416 y. Michigan st.
Denies Starting Fight.
Tobinski also denied that ]. NJ.
+ Mauoy. one OF the alleged strike
/ breakers had started the fight and
said that II was begun by the plum
bers.
The progress Of the case was slow
and it probably will extend into the
afternoon session.
The court room was crowded with
attendants who frequently INDUCED
/ in o., outlaws at statements in To-
binskrs testimony. despite the fact
that Judge Gilmer continually rap
ped for order.
Had Hands Full.
There were three counts OF assault
and battery against each OF the de-
T PENDANTS. making nine counts In all.
Each one Of the alleged strike
breakers charged each of the de-
\ PENDANTS with the felony.
II was agreed upon by the oppos-
ing attorneys TO try the cases col
/ lectively, and Leo Tobinsky, one OF
the prosecuting witnesses, was in
Quoted 10 the stand. He testified
that as he with Malloy and Hicks
were leaving Gross restaurant on
the morning OF April u. they were
attacked by the three defendants.
Tobinski stated that Robert and
Lester Culp each struck him q half
dozen times on the head, while Mall
10y was the object OF an attack by
Schultz. The fortune Of Hicks, the
third victim, was not known TO To
binski. who had his hands full look
ing out for himself.
Defendants Take Stand.
After the fracas. which lasted but
a short time, Tobinski said the three
defendants entered an automobile
and left the scene Of battle.
Attoy. Houlihan closely question
ed Tobinski as to his employment
in this and other cities. He init
mated through his questions that
Tobinski and his companions were
professional strike-breakers. travel
Ing from city to city as labor dis
turbers.
Lester Culp and his brother Rob
ert were placed on the stand later
and also Schultz. the third plumber
The testimony of the Culps. par
ticularly Lester. was one of the di-
verting features of the trial.
He described in graphic detail the
way he attacked Tobinski.
What did you do when Tobinski
went after you?" asked the states
attorney, did he lick you?"
Lick me ?" repeated Culp IN
scorn. Say, when that guy went
after me. cracked loose at his hard
head and then gathered and let him
have it on the chaw. didn't figure
on what he vas going TO do because
l don't count between my blows"
Trio Found Guilty.
Robert Culp was called and he i'm
pressed the attendants in the same
way. while Schultz referred TO Hick!
as the big dude"
The defense was successful in tao
tics TO the degree that 81 per cen
Of the charges against the defend
ants were unsuccessful, each o
them being found guilty only on on,
count.
Frank Schultz was found guilty OF
assault on Hicks and fined $40 anC
held not guilty of assault on Tobin
ski and MaIloy; Lester Culp wa!
found guilty of the assault on To
binski and fined $40. and held no
guilty of the charges on Hicks anC
Malloy: Robert Culp on strength OF
a former conviction OF assault anC
battery four years ago was taxed $50
while the court recommended tina
he be placed under peace bonds un
til the present labor trouble is over
He was found guilty of assault Q,
MallOy and not guilty of the attack!
on Hicks and Tobinski.
The DrOgreSs of the trial was in
terrupted several times on the side
lines by members of the aUdienc
who viewed their thoughts out louC
TO the anger of the court and severa
times of Atty. HOulihan.
The latter in summing-up TO tn
, court mentioned that the Culps an,
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