South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-11-03
TAYLOR WINS OUT
In FIGHT AGAINST
CASE CONTINUANCE
Move May Cause Early Trial
of Over 200 Continued
Cases Now Pending.

a distinct surprise was created in
city court wednesday which effect
ed the speedy trial OF a formerly
continued case and which might
furnish a curative impetus to the
wheels Of justice which IN this court.
for some time past, have been, as
the result OF granting continuances.
going little faster than the oid-fash-
toned prairie schooner. There are
zoo cases pending in the city court.
Il was only an argument by an
attorney who wanted a re-COntinu-
ance Of case. At first 60 was
thought that the continuance would
be agreed 10. The attorney wanted
another week he said. when
Dep. Pros Harry Taylor arose
and demanded trial az once. These
continuances. where there IS no good
cause. viii not be agreed % by the
state" shouted the deputy prose
cutor.
The attorney. who claimed that
he had been engaged as co-counsel
but a few moments before and had
not time 20 acQuaint himself with
the case. was no moro surprised
than the regular habitues OF the
court room.
Taylor Stands Firm
Judge Omacht was alert and lis
tened attentively 20 the argument
which followed. The attorney
George Byers. who with George
Schock. had been elected 10 defend
Victor Dhanens, arrested two weeks
ago. charged with petit larceny,
pleaded that tho case be set until
such time that pressing business
would not interfere with his return
to city court 10 defend his client. but
Taylor stood firm.
The court then cited the Indiana
statutes bearing on continuances re-
ferring TO acts Of 1905, p. 5S4, eX-
pressly stating that continuances be
granted the state or defense only on
submission OF a written atidavit-
setting forth sufficient cause. There
upon the case went TO trial.
Whether or not Il is the purpose
Of the prosecutors Office, consisting
Of the prosecutor himself and his
deputies 10 insist upon trial ana
avoid continuances which nave
brought about sentiment unfavor-
able to the prosecutor, and which
sentiment has been divided so as 20
Mace calumny on the deputy prose-
cutors and the court alike, IS now
an open question and its answer IS
awaited with interest What action
in this respect viii be forthcoming
IN the future is looked forward 70
with anticipation by those VINO
sponsor a. speedy trial and the clean
ing up Of the city court docket
OF the more than 200 crimina-
cases pending IN city court more
than two score have been carried
over from former Judge Frank Cal
mer's team as city judge. CT these
there are several that are not prose
cuted because the evidence or the
complaining witnesses have disap-
peared. There are cases which de-
mand continuances or have been
taken under Amusement, among
which are those covering domestic
relations. There are also others IN
which circumstances demanded the
defendants be placed under prooa-
ton.
Many Liquor Cases
But the vast majority Of cases
whirb hang fire I'm the balance for
want Of rigid prosecution and fore
ing attorneys TO trial are OF liquor
law violations and larceny the for
mer being the far greater In num-
her. Must Ct these have been con-
+fnued for several times and only
demand on the part ~ the prose-
cutor will ever force trial
On this matter, Judge omacnt
was approached by "a reporter OF the
News-Times.
"Of course. 7 see the condition and
II can do anything in my power
n remedy the situation, g. can oe
depended upon However. I do not
feel willing 20 call for the bringing
I'D Of a specific case as 7 would then
constitute the same position as the
prosecutor. This court VIII not
however. grant continuance 81 the
state insists upon not granting It.
except only upon the presentation
Of an affidavit as the law prescrioes-
where. however" the judge con-
tinued "!f both sides Of a case re-
quest continuance / have not telt
compelled 20 demand a case oe
heard a. once but have continued T.
Again. IL IS true. T would be align
ing myself with the state, u I dld
not"