South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-24
PLUMBERS GUILTY
OF ASSAULTING 3
MEN, COURT FINDS
Convicted on One of Three
Counts - Schwartz Dis
missed by JellisOn.

Pros. Floyd o. Jellison electrified
the city court Saturday morning
when he refused 20 allow Atty. Sam
uel Schwartz TO enter his appearance
with the prosecution after Schwartz
had been retained by w. W Sibley
and Charles Oberlin, plumbing and
heating contractors of tine city. TO
assist in the prosecution Of the cases
against three plum beers. who are
charged with attacking three alleged
. "strikebreakers' April u.
Jellison's declaration threw the
entire court room into excitement,
while Judge Frank Gilmer. city
judge. declared a 1O-minute recess in
which 10 explore the statutes for the
validity of the prosecutors move.
Brings Hints of Politics"
In the interim, attorneys and per
sons connected with the case made
loud hints that Jellison's move was
prompted by an ancient political
grudge against Schwartz while
members of the prosecution stated
in stage whispers that Jellison was
trying to throw" the case.
The original affidavit in the case
was prepared by Schwartz. 1t was
taken to Jellison, who completely
revised IT. Schwartz said. Jellison
l is the successor to Schwartz as pros
ecutor. the former having been
elected last fall after a bitter cam
paign in which Schwartz supported
the democratic candidate. Atty.
George Schock. who had been his
assistant prosecutor.
Motion Is Allowed.
Judge Gilmer and Pros. Jellison
were bending their heads over the
state statutes while various cliques
gathered in the court and adjoining
rooms airing their views of the mat
ter. the majority Of expressed opin-
ions being that Jellison had some
Interior purpose.
After some time had elapsed Gil
mer lifted his head with a slight
smile toward Schwartz.
Il think that 1 shall have TO sus-
tain the prosecutors motion. Mr..
Schwartz" he said, have you any
thing TO say?"
Nothing at all your honor" re
piled Schwartz. bowling.
"TOO Much Counsel, ''-Jellison.
The only reason announced by
Jellison why he declined the assist
ance OF Schwartz was that he did
not wish to have the prosecution
complicated by too much counsel.
After Sibley and Oberlin had be-
come aware that Jellison was tc
make this objection some time age
they retained Atty. John Yeagley 70
/ assist Deputy Pros. Hamborsky in
l the prosecution OF the plumbers.
The law on the matter. lawyers
said. puts it up TO the desire Of the
prosecutor as 20 whether he desires
particular counsel IN the facilitation
Of the prosecution Of the case. A
technically is provided. it is said
which empowers him to dismiss the
counsel as he sees fit, to protect him
self Ii was this law. il was report
] ed, that Jellison put into play.
Atty. Schwartz declared Jellison's
action was being influenced by old
/ political differences.
Court was reconvened by Judge
/ Gilmer and the case was started
with Atty. Patrick ]. Houlihan
| counsel for the defense representing
| Robert and Lester Culp along with
! Frank Schultz. the three union
! plumbers. charged with making the
attack on three alleged strike break
/ ers. Leo Tobinski. ]. NJ. Malloy and
| Eugene Hicks.
| Mauoy was unable to be present ir
/ court owing TO a reported sickness
! Tells of Attack.
The first witness called was Lee
! Tobinski who testified that az he
/ was leaving Gross restaurant al
about $50 on the morning of Apri
I12 along with MallOy and Hicks
that they were attacked by the de
/ PENDANTS.
J Tobinslli stated that Robert and
/ Lester CUP both struck him over
the head with their fists. Each
brother. said the witness, delivered
six blows. while MallOy was the OBJ
z