Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-06-17
SEEKS TO FREE
JAILED WITNESS
MCGOWAN. Accused OF Stealing
Revolver of Captain NOrbury,
Wanted in M0rristOwn.
DEFECTIVE DECLARES HIS
ARREST is. A "FRAME.UP"
Was TO Appear for Wharton
Strikers When Taken by
U. S. Marshal.

An application for a writ OF habeas
corpus was made today in the Com
mon Pleas Court Of Morris county to
enable Patrick ]. McGowan, an i'm
portant witness for the strikers on
trial there, to be brought from the
Essex county Jail to testify. Nc
fsowan, who gave his address as 1856
West Twenty-second street, New
York city. is held under $4,000 ball
here. charged with stealing an army
Hsevolver from Captain c. Harold Nor
hurry. who was shot while doing strike
duty during the labor riots at Whar-
ton.
Captain Norbury. who is in COM
mand of Company NJ. New Jersey Ma
tional Guard, was hired by the
O,Brien Detective Agency, of this
city, and sworn in as a deputy dur
ing the riots of the miners strike at
wharton. The captain was shot in
the face during a battle on May 10,
aad is still confined to his home, at
~ White terrace. this city. in danger
Of losing the sight of both eyes,
After he was wounded the army re-
igolver he carried was stolen from
him.
The Federal authorities took action
IN the matter when James Norbury.
a brother of the captain. sought to
compel MCGOWAN to reimburse the
government for the revolver As a
result MCGOWAN was charged with
violating the Federal statute govern
ing the theft of government property
from another person. McGoman was
arrested ON the same charge last
"wednesday and prosecuted by the
state authorities at Morristown. He
was then held under 5000 bail.
Arrested in Court House.
While he was waiting in the Court
House at Morristown yesterday aft
Arnoon to testify In behalf of the
strikers MCGOWAN was arrested by
limited States Deputy Marshal Louis
q. Beekman. The prisoner was
brought to this city and arraigned
before United States Commissioner
Richard Stockton. The latter fixed
the bail at $1,000 and set the hearing
down for next Friday. MCGOWAN was
unable to secure bail and was lodged
III jail. IlG was " $1,000
C.arless at the arrangement.
MCGOWAN was seen in Jail today by
reporter AND declared his arrest
on the charge of stealing the rel
solver from Norbury was a frame
up" because he was an important
witness for strikers on trial at Nor
ristown. 1t was TO prevent him from
testifying today that he was lodged
in the Essex county jail. he asserted,
but felt confident he would be re-
leased today on a write of habaes
corpus and reach Morristown in time
20 aid in the acquittal of the strik-
ers on trial there.
The prisoner told that he had been
hired by the OBrien Detective Agency
and understood that he was to be
used for investigating work. He de-
clared he had no idea that he and
the others brought from New York
were to do strike duty until they
were sworn in as deputies. MCGOWAN
who admits he has given a fictitious
maine but refuses to diyulge his
proper one, declared he refused to
accept arms and ammunition when
sworn in.
I'VE didn't go up there to kill any
enc said MCGOWAN. land 1 didn't
want a gun. II l was looking for
one = could have taken it then when
st was offered to me, so why should
steal Norbury's revolver"
Saw Deputies Bent Strikers.
II saw many of the other deputies
On duty at Wharton beat the strik-
ing prisoners numerically, when
they were placed under arrest The
night before the New York and New
ark delegation arrived at Wharton a
number of deputies were badly beat
en- in fight with the strikers. So
the deputies were taking revenge on
the strikers we arrested. wit
messed this inhuman treatment and
fpterferred, when l saw one striker
being hammered
sWhen l demonstrated the other
deputies turned on me and my arm
was injured. When 1 heard the
strikers were being tried for melting
a roit / volunteered my testimony
as to the inhuman treatment I saw
At Wharton
That is why this charge of steal
ing Norburys gun was trumped up
against me. They have produced
two witnesses who say they saw
me take the gun from Norbury. AS
matter of fact nothing could be seen
IN that old passenger coach where
Norbury and the prisoners were that
night. There were no lights, and it
was pitch dark. The two deputies
who brought in Captain Norbury left
him there, and l went out in search
Of water for the wounded captain,
taking chance in getting shot
myself.
The American Federation of
Miners is backing me up in this
trouble concluded MCGOWAN, and
before we get through with the case
we will bring out a number of SEN
sations. Some of those behind this
Prosecution Of me will find them
selves on the defensive"