Evening journal., 1922-03-30
OPENED FIRE
AFTER THREATS
Schwalbe, Phila. Youth,
Fined 500 for Part in
Attendance Row
BULLETS WERE
SHOT DOWNWARD

On a charge Of carrying concealed
a revolver William SchwaTbe. Of
Philadelphia. who made use Of the
weapon to protect himself against
an attack by crowd Of other youths
after a dance In a shipley street
dance hall several nights ago. was
fined 500 and costs by Deputy
Judge Lynn In Municipal Court this
morning. on a charge Of assault and
battery in connection with the
striking OF Miss McKinsey with one
Of the bullets, he was dismissed.
Testimony showed that when the
crowd surged about Schwalbe and
his companion. Richard Wanner.
and after Wanner had been hit the
defendant obtained the weapon
from his automobile and then fired
three shots. In his decision, Judge
Lynn remarked that he was Of the
opinion that Schwarbe got the pls-
tol from his car and then placed Il
in his pocket before making use OF
Il.
An excellent reputation was prov
ed for Schwalhe, who Is engaged in
the moving picture business. James
y. Glnns. Interested IN several local
moving picture houses. was one Of
his character Witnesses Harry p.
Joslyn was attorney for the youth,
who is 81 years Of age.
Miss McKinsey. testifying for the
State, said that she did not want
Schwalbe prosecuted. She said
she saw Sohwalbe so 20 his ma
He fred toward the ground. she
testified. one of the bullets ricochet-
Ing and striking her in the leg. in
ficting only a flesh wound. About
thirty youths were threatening
schwalbe and Wanner. Miss McKin-
sey said but the defendant was not
struck until after the defendant had
obtained the weapon.
Miss Emma Gross. who was with
Schwalbe at the dance and was ieav-
Ing the hall 10 go with him, testified
that Schwalbe shot after Wanner
had been struck and when the crowd
was threatening him. She said that
John Reeder. a fireman. one OF the
four defendants dismissed several
days ago on charges OF disorderly
conduct In connection with the row
struck her and insisted that she not
accompany Schwalbe. The crowd
then started after Sohwalbe and
Wanner witness said.
Later Miss Gross was called by the
defense, denying the testimony nj
Reeder that she had often tried tc
get some one 20 lick" him and thai
she said at the dance when schwalbe
approached. Here's where the igh'
starts" She said that Reedei
doesn't bother her mind"
Harry Duffy, a states witness. salt
that no blows we're struck until afte
Schwaihe flashed the revolver. 1
was at hrst believed that he was nr
ing blank cartridges. the witnes
said, but after Miss McKinsey wa
shot we gave him plenty OF room.
His testimony was verified by Csiel
Jenkins. another OF the four youth
dismissed on a charge OF disorderi,
conduct
schwalbe. called in his own behalf
testified that Reeder invited him "t,
80 outside" whereas Reeder ha,
maintained that Il was the defendan
threatened TO get him outside
After telling Emma Gross that the,
we're ready 20 leave. the defendan
stated. he and Wanner wera to thei
machine and then Wanner waike
back 20 the entrance to get Emm
and her sister. Lillian Gross. Reedei
he testified, grabbed Emma and the
the crowd came after him and Wan
ner. He testified that he then go
his revolver from the car and ha
the car between himself and IN
crowd. MIX bottles we're thrown a
him by his would-be assaiisnti
Schwalbe said.
Similar testimony was given b
Wanner. He said that when Reede
invited Schwaibe outside, the crow
of men IN the dance hall arose an
started for tho door IN a unit. Al
though they could not have hear
the words that passed betwee
Reeder and the defendant. He sat
that when the proprietor had eau
toned Reeder that he did not wan
any trouble started. he felt that IN
impending trouble was over.
Patrolman Paynter said tina
when he and Oncer Krauss reache
the scene Of the trouble, the crow
was 30 thick about Schwable tina
they had 70 force their way throug
and that when they reached the dc
fendant they had TO fight 70 kee
the gang" back.
Lillian Gross gave testimony tht
verified the contentious OF schwalt
and Wanner.
John II. Fenton said he was in N
Hotel sevler when the first shot W.
fred. Going 10 the rear OF n
hotel. he testified. he saw schwall
shooting toward the ground ar
backing down the street towar
Eighth street.
Reeder admitted that he Erabbs
Emma Gross. but that he did It
reason with her" that he could NJ
become involved IN a fght becau
OF his position as a fireman. He Il
sisted. however. that Emma n
often attempted 10 get him licked