Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-13
RESERVES DECISION
IN KIDNAPPING CASE
Mayor of Summit Smothers
Laughter and Begs Audience
to Do the Same.
Especial to the Evening star.I

SUMMIT, March 13.-Mayor Francis
II. Bergen last night heard the APP
peaIs of Patromen John j. Cannon
and William George, who figured in
the now famous kidnapping case on
February 81 He refused to dismiss
or affirm the charges of incompetency,
however. until the patrolmens attor-
neys file briefs.
Cannon was represented by John
q, Walsh. while Elmer l.. Mckirgan
appeared in Georges behalf. Can
mons case was called first. At the
outset Lawyer Walsh asked for a
dismissal of the charges on the
ground that the mayor had no legal
right to sit as a trial Judge; second,
on the ground that the charges were
not sufficiently particular for proper
defense third, that the genera
charges and specifications annexed
were defective, and fourth. that the
proceedings We're illegal, because as
head Of the police department, the
MAYOR had instigated or compelled
Chief of Police George w. Brown TO
prefer the charges against the ofhcers'
and therefore was prohibited from sit
ting as a trial judge in the case. All
of the objections were promptly over
ruled by Mayor Bergen
Chief Brown was the first witness
called by City Solicitor Cora n. VIII
Jams. who acted as prosecutor. me
chief told of having filed the charges,
which. on ross-examination by Law
yer Walsh, he admitted he had made
AT the direction of Mayor Bergen. Inc
chjef testified that City Solicitor Will
Jams had preferred the charges,
Violated No Police Rule.
The chief said that neither of the
oftieers had violated any rule or reg
ulation of tho, police department, and
as 10 the general charge of inca
pacity," with which the officers are
charged, he testified that, IN MS
opinion, their only "incapacity was
shown by the patrolmen's failure to
Irinp the supposed burglar who kid
naped George to police headquarters
nfter they had stopped him.
IT WAS brought out in the testl-
n,ony that George had stopped the
supposed burglar, and that 1t was ne
who stopped the automobile owned py
q. Edward Fischer, Of Hobart ave-
nue.. and driven by Bland. II was
also testified by Chief Brown that IL
was George who ordered the chauffeur
TO drive Cannon, himself and the al
Ieped burglar to the residence OF Mr..
Ii
Short Hills, where the kidnaper told
fla patrolman he was employed as
a butler.
saws Trial Is Not Fair.
fn,rinr Mr.. Williams's questioning
If the chief Lawyer Walsh offered
frcn1ent objections, all of which were
overruled by Mayor Bergen. Il sub
mir that these men are not getting
fair. legal trial. he said.
NOW that you've finished you're
sstrlmp' speech answered Mr.. VIII
liams, 1--WE will proceed. am not
making a stump speech, hrea PACK
Mr. Walsh. but ] insist that TINS Is
O legal proposition ana must pe ii'ii-
died as such" .f-.
Mayor Bergen, who restrained NM
self from hearty laughter with con-
siderable difficulty, frequently re-
auested the audience which damned
the executives office, where the trial
was held, to rstrain itself during the
snirth- provoking relation OF the de,
fails of the kidnapping by Russell
Bland, the colored chauffeur. After
BLAND, who Unexpectedly Arrived here
late Yesterday afternoon, got started
ft1 his narration of his experience with
the gentleman burglar, neither Mayor
Bergen, City Solicitor Williams or
the lawyers for the accused officers
could prevent MIN from BlNlhB tlS
rninutest detail of the occurrence.
From the testimony it developed that
Bland was the only one to make an
attempt to escape after the stranger
drew his gun.
.'What did you do when yon saw
the strangers gum" asked Lawyer
Walsh.
pWhat did ] do? Did you say what
did do" repeated the colored witness.
well / jes' ruined around dat
car thinkin' I was agoin' to git
away. But ] didn't git away, fob dat
stranger he jes' yelled come heah,
and | jes' come uick wild my hans
up in de ain and stood right long
side Mr. George"
= stranger Made Them March.
According to BANDS testimony the
gentleman burglar put him, Bland,
and George through some military
tactics before they were bound in
the abandoned sawmill.
Bland testified that the stranger,