South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-02-19
Local Attorneys
Stage Fast Fight
Near Court Room
Donahue Wins Newspaper De
cision in Abbreviated En-
counter With Schwartz.

Personal epithets and .nsinuatons
followed by an interchange OF
threats brought Dep. Pros. George
y. Donahue and Atty Samuel Il.
schwartz 20 blows IN the ante-room
OF the city court Saturday afternoon.
The personal encounter grew out
OF an argument before City Judge
Chester l. DuComb over the filing
OF a plea OF abatement IN the case
OF Robert McGrath, charged with
unlawful possession OF intoxicating
liquor Schwartz attempted 10 de-
feat the action against McGrath by
setting out claims that Donahue was
illegally appointed a deputy by Pros.
Floyd o. Jellison.
A singing "haymaker" 20 the
right eye won first honors for Dona-
hue, who swung the whole force OF
his diminutive Irish hundredweight
into the blow. An exchange OF
rights and lefts followed and pre-
cipttated a clinch from which the
. c0mbatants were parted. Minute
/ Man Driver and Motorcycle Sergt.
I Olmstead took the initiative 20 bring
about an end Of the aght. A news
/ paper decision gave Donahue the
/ best Of the argument, although
! Schwartz gave a good exhibition
Previous bad Blood"
More or less bad blood" has ex-
listed between the two men OF late,
especially since Schwartz and his
/ law partner. Barry Scanlon, filed the
/ abatement plea. Setting out that
| Donahue was not a legal resident OF
! the state for one year. and declaring
/ that Sec. 9,161 of Indiana general
/ statutes affects his tenure Of office I'm
/ that It refers 20 appointment of
deputies appointed by law enforce
ment officers" counsel for the de-
Tense argues that Donahue comes
/ unde@ such classification. Donahue
in turn had filed a demurrer and
/ proposed TO answer Schwartz con-
tention as well. Judge DuComb took
/ the points at issue under advise
ment until Wednesday. No testi-
] mony has yet been taken in the
: case.
McGrath was made defendant 20
unlawful possession charges follow
ing a raid upon his home az 317 n
/ Michigan St, Feb. 3. A pint bottle
containing moOnshine whisky is al
I legged TO have been discovered i'm
his home. The case had previously
been set for hearing but now twice
continued 10 argue points on techni-
caliues, apparently irrelevant TO the
cause in action.
Donahue is said 10 have precipI-
tated the fight largely by the use OF
the word "pettifogger" against his
opposing counsel. the word. how
ever, being used by inference. Clos
ing his argument in which he IN
sisted that the act upon which the
pisa OF abatement was based die
not include judicial officers and
their deputies, but was prescribed
by law to prevent the hiring OF out.
cf-state men for strike duty. Dona.
| hue declared the filing OF the plea
of abatement was for the purpose
Of delay that there was no merit
in the plea, inasmuch as the state
could file a new afidaN and tn,
defendant would be infthe sam,
position as before the question wa.
raised"
Court Takes No Action.
About to leave the court room
Schwartz repeated to Donahue wha
he thought Of the word "pettifog
ger" and added other words which
Donahue took as a personal insult
Il don't believe you would 50,
that outside of the court room.
said the deputy prosecutor
Come on Schwartz thrust bacl
! at Donahue. The latter then fol
lowed Schwartz out Of the room.
No action was taken by the cour
with reference to the istic encOunte
between the two attorneys M
Jurisdiction, reminded Judge Du
Comb, recalling the fact that tn
encounter occurred outside the cour
room.