South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-12-30
INQUIRE IS FREED
WHEN JUDGE FUNK
DISMISSES CHARGE
.JeIlison Files Motion After
Holding Men Seven Months
Without Hearing.

mon chs Wa-AL4AAA ADl r oas ~ -DsA -
JeIuson TO push criminal action
against him, Judge walter A. Funk.
in circuit court Thursday, dtscharg-
ed Horace Mcclure. colored, and at
the came time denied the prosecu-
tors motion for continuance
The ground on which the state
sought 70 obtain a continuance was
that a material witness. a spectator
20 the shooting OF Hal Chandler. was
IN parts unknown, and further de-
lay was sought IN order 20 permit
the prosecutor to locate his witness.
The motion being denied and
pressed 10 trial, Pros. JslisOn fled a
motion 20 dismiss. and MCGUIRE was
discharged from custody. II Is sell
dom. indeed that a man charged
with a high crime like murder has
been able 10 walk out OF the court
room freed from all charges with
out ever having had even a prel!m-
mary hearing.
Mcclure was charged with the
murder OF Hal Chandler. another
negro. on May 81. at a restaurant on
w. Division St. where the former
was employed as a waiter. Chand-
Ter was alleged by eyewitnesses TO
the shooting. including Thomas VII
son. the missing witness, according
to n report made BY the police i'm
nediately following the shooting, TO
have entered the restaurant brand
ishing a revolver. According to
Wilson's story. Chandler IS said 70
have threatened MCGUIRE who seized
the weapon and turned It upon the
victim. Chandler died within "a
hours after the shooting.
Shot In SeIf-Defense.
The same witness whose state
ments Jeuison explained were neces-
sary TO convict MCGUIRE Of murder
stated 20 the police that Mcclure
shot IN self-defense.
Mcclure was arrested the night
OF the shooting at the New York
Central station Just as he was about
70 leave town. When searched he
was found to be carrying q IS cali
Der Colts automatic revolver. Nc
CURE, Il IS said. admitted the shoot
ing, but stated at the time that
Chandler came int the restaurant
with a gun IN his hand and shouted:
give me your life, niggah!"
Mcclure in support OF his story
that the shooting was in self-defense
said that he Jumped over the counter
and grabbed the gun and. taking Il
away from Chandler, shot him with
II.
One bullet struck Chandler In the
right side OF the taw and came out
az the left side Of his nose. Another
bullet entered the victims left side
below the ribs. He died from the
effects OF hts wounds within p hours
after the shooting.
Mrs. ". p. Low who conducts a
restaurant at 722 ". Division ST.,
stated to officers at the time OF the
Chandler shooting that Chandler had
made threats that he was going to
kin Mcguire and that shortly after
Mcclure returned TO the restaurant
from an errand for Mrs. Lowe. Chan
der came I'm and attempted TO carry
out his threat.
Thomas Wilson. claimed by Pros.
Jellison 20 be the states principal
witness and on whose account he
requested continuance until WI
son could be returned to South Bend.
IS shown by police records to have
told the same story OF the shooting
as did Mrs. Lowe. Wilson was an
emoioye of the restaurant and was
an eyewitness to the shooting
Failed 20 Get Continuance.
The move on the prosecutors part
which followed with McGuire's re-
Ia Ia
failure earlier in the day to secure
a continuance which was refused
by the court. The case had been set
down for trial yesterday when JelH-
son filed an amended lidavit for
continuance on the grounds that
Wilson's absence would hinder the
states case against the defendant.
MCGUIRE had been groOmed for
the occasion of his release. With a
high white collar and new dark
colOred suit. he presented a fastidi-
GUS appearance as he heard the
words OF the court which discharged
haEn from custody. First wringing
the hand OF his attorney. George
Eurtz, Mcclure, bouyant and beam
Ing walked forward and Held out
his hand
Thanks awfully," suffered Nc
Guire. with color deepening. II any
thing. his ordinarily jet ebony COM
piexion.
Shaking hands with the defend
ant the court admOnished the free
man IN the use OF fire arms.
"A jury might have returned
something different" said me judge.
Be very careful when you handle
a gun in the future"
Then came the climax 70 the Nc
Guire case. Mcclure. a free man.
walked over 90 JeIuson. about 10 de-
part from the court room. and Of
fered 20 shake hands. The PROSE
cutor shook his hand and by his
manner showed he appreciated the
courtesy.
Criticize JeIlison.
NTcGufre's case has been the cause
or considerable criticism leveued at
the prosecutors Office ever since Nc
Guire has been in the county Jail
awaiting trial Following the negro's
arrest at the New York Central sta
lion the night OF the fatal shooting
an order was Immediately given 20
sheriff Duck Tor the prisoners three
meals a day but no writ OF any ma
ture came into his hands TO indi-
cate the charges upon which Nc
CURE was 10 be held. Mcclure was
never given a preliminary hearing
Following the passing or the sum
mar. the September grand fury met,
but returned no Indictment against
Mcclure il was then Kurtz got
busy and -. q writ OF hsbea5 corpus
secured McGulres release.
Before Mcclure had left the court
room frT1oVvfur his vaIraaa on fha