The Detroit times., 1912-09-11
VIEW WARRANT ISSUED
AGAINST ALDERMEN ON
CHARGE OF CONSPIRACY
Fits More Exactly Local Graft
Situation and Provides More
Severe Penalty
DEFENDANTS ARRAIGNED
Schreiter and Seventeen Mem
bers of Council Will Have
Hearing Next Friday

The police court examination OF IL
aldermen and E. II. Schreiter. Jr.. on
the charge of conspiracy. was set for
Friday. Sept I3. by Justice Jeffries.
Tuesday morning At IL o'clock, 10
OF the accused aldermen appeared In
police court, and Charles +. Wilkins.
special counsel Tor tho prosecution,
had the old warrant charging con-
spiracy, dismissed The aldermen
really appeared TO have the court set
"a date for examination on the ola
warrant. they having been arraigned
two weeks ago. When Justice Jeffries
dismissed the Old warrant, the 0efen-
dants were notified that new blanket
warrant charging conspiracy, haa
been issued. Arraigned on the new
warrant, all stood mute and'the court
announced that he would hear their
cases collectively on Friday. Aid.
Louis Tossy and Schreiter were not In
court at IL o'clock Tossys lawyer
while Mr.. Wilkins said that Schreiter
was confined TO his home with an In
jured leg Judge Jeffries insisted on
both being in court. and an automo-
bile was sent for Schreiter. Later the
Justice received a physicians certift-
cate to the effect that Schreiter was
too iii to appear and the court an
nounced that he would be arraigned
Friday. Tossy came in while the
Judge was at lunch. He will be ar
raigned during the afternoon. The 16
aldermen who appeared, were released
under personal bond of $1,000.
Just prior TO the arraignment of the
aldermen, Attorney Mcnamara, repre-
senting Aid, Andrew j. Walsh, whose
examination on the charge of accept
ing a bribe was scheduled TO take
place in Judge STEMS court, Tuesday
afternoon, succeeded In having Judge
Stein postpone Walsh's case until FRI
day, Sept IS. The double hoodoo did
not seem to affect the aldermen a BIT.
Walsh's case may have TO be post
poned again as Justice Jeffries signi-
fled his intention Of getting quick ac-
ton in the conspiracy cases. Nc
because he Is interested in a case on
trial in the United States district
court. The next examinations on the
docket are those of Aid. OBrien,
Koenig and Rosenthal, set for We'd
nesday afternoon. III
The law under which the first war
rant was drawn applies largely to
conspiracy in connection with the re-
lations OF private individuals, sucE
as were alleged In the recent prose
cution involving employees or local
paint concern, and provides penalty
Of only $500 fine and Imprisonment
for one year. The law under which
the new warrant is to be drawn wan
framed to meet the case of public OF.
ficia,s who stray from the straight
path, and. according to Mr.. watkins,
flts exactly the local situation. Then,
100, it provides a maximum penalty
OF $1,000 fine and 10 years imprison-
ment.
we consider IL safer to base the
conspiracy charge on Act 1872"
said Mr. wilkins TO The Times I'VE
charge common law conspiracy in the
violation of that act. A reading OF
the act under which the first was is-
suei would seem 10 indicate that IL
was intended to eliminate graft in
rrivate business affairs. The ques.
tion might arise as to whether the
aldermen were agents, employees or
servant. The other act Is more spe-
cific. Schreiter's connection with the
case had absolutely nothing to ID
with drawing new warrants. The re-.
rort that the old warrant was defec
lively drawn in respect to him is all
bunk. Schreiter, OF course, did not
have vote, but conspired to infln
ence a vote. An armless and lagless
man may stand outside OF a house
while robbery or homicide is being
committed. He may not take an
actual part in the commission OF the
crime. yet he might have conspirec
to Lave the crime committed and be
just as guilty under the law as the
person who actually committed It."
hfter Mr.. Wilkins had made the
formal request for the dismissal o.
the old warrants and X had been
granted there was an interesting mo
rent when Justice Jeffries made
rather searching inquiries into the
the aldorrnan anJ thafr 4.