South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-01-10
HORYATH Is SENT
TO JAIL AS COURT
ADOPTS NEW PLAN
Revocation of Heavy Sus-
pended Sentences to Be Used
as Club" on Violators.

In line with the new plan of city
court procedure, which, if success
full. forecasts the minimizing Of liq-
uor law violations, City Judge Ches-
ter D. DuComb revoked the sus-
pended sentence Of Matthew Hor-
vath, 1924 Catalpa av., in city court
yesterday afternoon and the defend
ant was ordered committed i'm the
county Jail for six months.
Horvath. arrested a second time
with "moonshine' liquor and mash
in his possession, was given until
Wednesday noon to settle UP his at
fairs. Charges which brought him
before the court yesterday. resulting
from a raid upon his home last
Thursday were continued indefn-
itely.
Sharp Contrast.
The sentence which Horvath is
required 10 serve out in Jail was the
maximum and is in sharp contrast
10 the usual 80 and 60 day SEN
fences heretofore imposed upon
booze" offenders.
The defendant furnished a touch
of humor TO the otherwise acrid sit
uation following the court revoca-
ton Of sentence.
is that all?" inquired Horvath OF
/ his attorney. Joseph Kovacs.
Isn't that enough ," replied the
attorney, answering question with
question.
Horvath was arrested In Novem-
Der following the discovery Of eight
gallons Of liquor and a sill in his
home. Securing a change OF venue,
the case came UP for trial Dec. 20
| before Special Judge A. ~ Hide
brand, who, on Deputy Prosecutor
| Frank T. Coughlin's recommended
ton, suspended the maximum jail
sentence and assessed the minimum
fine
The bait" was promptly swal-
lowed by the defendant who PAID
Ms fine. This forestalIed his right
of appeal and the net was laid for
/ him if he came into court a second
time.
second OfIense.
The second time came when Hor-
vath. having resumed his alleged
business of manufacturing liquor,
was caught in a raid last week. A
gallon OF mule" whisky and $50
I lions Of mash were secured as evil
dence by federal prohibition agents
/ Il became the prosecutors move and
/ he demanded Of the court a revoCa-
ton OF the Jail sentence formerly
/ imposed.
In the newly promulgated prac-
tice Of suspeIding jail sentences
i against liquor law violators, espe-
ciallv first offenders, constituting a
radical departure from the usua.
mode of procedure, IS seen an at
tempt 10 rehabilitate the judicial
machinery Of courts, recognized as
inadequate in the handling Of these
/ cases.
Deputy Prosecutor Coughlin kept
pounding on the idea recently and
in addition 10 winning out IN his ar
gument before Special Judge Hide
brand in the Horvath case, has OBJ
tanned a score or more Of heavy
suspended sentences for use as a
/ club" against continuous offenders.
The present judge Of the city court
/ was won over 10 the theory and the
past weeks proceedings have added
materially 20 the total number o.
+ suspended sentences.
The plan OF suspending a stin jail
F sentence in addition 10 assessing a
+ nominal fine. according TO the Judge.
/ proposes to land the moonshiner or
Z bootlegger behind the bars on APP
I pearance before him a second time
I on similar charges In addition 70
culprits actually serving time in
/ Jail whereas they heretofore have
/ been going free on appeal bonds
/ higher courts Will not have pending
J on their dockeys a countless number