The Detroit times., 1913-06-28
NJ application With Judge
R6sIaR Monday. and Garry
Matter to Supreme Court
If Necessary
WITNESSES ARE NOT
AVAILABLE NOW, HE SAYS
Prosecution None Too Ready
Elther, With Burns in Britain
and Return Uncertain

AID. Thomas e. Gilman. indicted
|boa craft charges. whose trial has been
~ peremptorily for July 2, Ia not
10y; the prosecutor IL embarrassed
- circumstances which he cannot
|contfol. and It Is likely that another
ookponement will be- Obtained even II
Ne supreme court has TO interfere
[&n4 grant stay of proceedings. J. j.
1c1lamara, attorney for Gilman, serv'
kn6 notice. on Prosecutor Hugh Shep-
\6Td. early this week, warning him
Mt to put the county to expense In
oftjng witnesses here, as a contin-
onoe to the September term would
~ asked and would probably be grant
Ulnce Detective william J. Burns il
~ Europe and is not expected back
)nnt1l July 10 at the earliest. and since
nany OF the jury panel Of prominent
uen arc planning vacations for July.
ko poople's side OF the case would
Eobahay be furthered by another de-
~, q Il figured In some quarters.
whatever crime Tom Gilman Is
ooQned Of. he ought to have fair
~" sGid Attorney Mcnamara, and
&111o time that is absolutely impos-
M Mr. 0linnan's theory Of defense
Grck that he will need certain WITT
10oos right at the beginning OF his
80 We can't get those witnesses
OWe. and we have letters and tele-
F0n8 to prove II. We could get them
tia September term.
~ am now preparing a request for
CutjpUAnce which will be filed with
tdge Phelan, Monday. two days be-
- the day set for trial. In this Pc
Hon I will set up all the reasons
AoE can be made public. II Judge
ne1An desires / will disclose to him
~ theory of defense upon which |
aspect to work. and l am sure he Will
Ave no reason then for denying me
Ne right to wait until my witnesses
IN be reached.
1T should be remembered that this
the frst time the defense I'm this
100 has ever asked for a delay, and
hn& this date, July 2. is the first upon
vh3ch the cases have actually been
Ut Tor hearing"
Judge Phelan has upon several oc-
oIou8 urged quick action in the al
4FnAAuic cases, declaring a short time
10 that only death or the serious iii
tosD Of interested parties could delay
NE cases further. and II Is thought
ke1y that he will deny the motion of
<03innAn's attorney. n he does 80, Mr..
EIlcNaSnara IL expected to apply to the
EDupr3rne court for a writ to stay pro-
fceodings.
X Prosecutor Shepherd said 10 The
imos: II am ready to go to trial
uly 3. The peoples case Is ready
Md shall not ask for another delay.
4 rooeived notice from Mr.. Mcnamara
Aok he would ask for continuance,
md ~ that IL granted will. OF course,
a. try to get my witnesses here. I,
1nve found 1t very hard TO keep track
E& William j. Burns, but have been in
Urmed that he will be home from Eu-
~opo July 10. Since we have July
nd 3 Saturday half holiday and Sun
~ coming at the end OF next week,
ka win be delayed In getting our jury,
md X think could run the risk or
nving Mr.. Burns here on time. II
udge Phelan denies the motion OF the
efonse will be ready for trial"
81 M. prosecutor has several things
10 worry him, however, and would
robably be relieved by further ad-
Dufnment. Although he expects
Burns back from Europe. he is not
2oQ(kITe that he will be here on time.
ana two Of his shadow men, Sheridan
md McGurn, have left the Burns
11gehcy and may be hard to get. Nc
Dutn IL IN Chicago. and could come
r0bably. but Sheridan is busy In Co
nl11us. and has written that II would
noa1vass him very much to have TO
H1tend the trial. Then, as stated. the
De1nbers OF the jury panel OF business
moRs Of which the prosecutor expects
10 much. are not anxious to forego
vacations. although, Of course, they
nleOuld be compelled TO serve II the
$(oart insisted II the matter goes
over to September the members OF
NE panel will return and be ready
p serve
The only obstacle in the way OF a
Qfther postponement is Judge Phe-
~ himself who threatens 10 name
ttotneys for either prosecution or de-
Uno9 n those In charge OF the cases
- not ready to proceed on the date