The Detroit times., 1914-10-13
ASKS COURT TO
DIRECT JURY TO
ACQUIT Gilman
Defense Submits Formal Motion
and Arguments VIII Take
Place Tuesday
CALLS CASE .FRAME-UP"a
BY HIRED DETECTIVES
Attempt to, be Made, Also, to
Have Testimony on Confess
4 sion Stricken Out

e s.
ATTORNEY James McNamara made q
formal motion In Judge Phelan's court
Monday morning. that the bribery case
against Aid. tom" Gilman be taken
from the jury on the ground that Il
was q "frame-up' by hired detectives
aided and abstted by certain private
citissnS and the prosecuting attor
ney's once. He also announced that
the defense would make another mo
ton that all testimony relating TO the
so-called admissions Of the defendant
be- stricken from the record on the
ground that the admissions were not
voluntary. or course. if the nrst mo
stion II granted. ths second would moi
be presented.
The arguments on the motions will
( be hssfd BY Judge phelan. Tuesday
morning.
- The court h asked to take the case
from the. Jury on they following
= grounds: Rscause the prosecution has
tailed TO. sestablish against Gilman tas
crime alleged In the Information: be-
cause there 10 q fatal variance be-
tween the information cand the testi
mony4 received; because there 10 nc
evidence tending to show that Gin
Z nan corfuptly accepted . gift and
kratuity: because there Ii evidence
to show that Gilman was In favor OF
! the wabash petitions from the time
they were introduced until they we're
z passed ON. favorably by the council
July 16, 1912; because the whole
ground.works Of the prosecution Ii Q
J, "frame-up.y . Cover and "phoney
I DEAL -
In his bin .-of particulars, Attorney
McNamara alleges that the bribery
{ plan was conceived. developed and
4 executed only after William ]. Burns
and his agents had failed to uncover
or discover any crimes that had been
committed by the aldermen; that
1 Criminals were created In order that
the. instigators thereof might be plac.
ed upon. the public payroll that
the wabash was not seeking any priv.
llege from the council and the peti.
ton was used by Burns as cover
for curing the aldermen. including
respondent, II possible. into the com
mission Of crime" that William j.
Burns and Walter j. Burns. alias
Brennan, were not in the employ OF
the wabash: that Brennan, knowing
that Gilman was already In favor OF
the petitions. had sought out the al
derman and tempted chin with Q
bribe: that the whole performance"
was staged by Burns. not for the de-
|. lection Of crime. but for the purpose
|. of making Crinfnal9,i the sole bench
diary being Burns, bis agents and ser
wants. and that the testimony on the
part Of the prosecution tends to show
that Gilman was repeatedly "encour-
aged, stimulated, lured. solicited, and
even bounded into the acceptance OF
bribe" 90 80.
In concluding his bill OF particulars.
Attorney Mcnamara says: THE
whole proceeding Is not reality. but
tragical farce. To send this case to
the Jury would be giving the stamp OF
oflcial sanction to series Of out
rageous proceedings unparalleled In
/ he history OF American Jurisprudence
County Detective Conn was placed
on the stand when the Gilman trial
was resumed. Monday morning. for
further REORGANIZATION by the de-
Tense. Attorney McNamAra ngures
that It will take the defense. about 10
days to present it, side OF the case.
The prosecution took ak full weeks
TO present the peoples case.
- VQ8olOAc tu8l lOf nSE M8yVx
William B. Thompson will be called
by the defense. Attorney MCNAMARA
stated, Monday morning, that It had
not a. yet been definitely decided 70
call the former mayor. the originator
Of the graft investigation.
what was the subject Of your con-
vsrsation with the prosecutor, since
you reached here this morning" was
the Arst question Attorney Kennary
fired at Conn. q
"whyer--in regard to Mc0urn's
statements"
themr
Yes
. .,Ya !. particular part referred tor
Conn said that tina stenographsrs
were present during the questioning
Of Gilman In the Ford building ONCE
safter his arrest.
Ksnnary then proceeded to Ques-
ton Conn from the dictogrsph re-
ports which the prosecutor xturnsd
over to the defense, Last saturday.
when did Mr.. Green kneel In front
| Of Gilman. place his hands ON his
| shoulders. and with tears In his eyes.
cay: Tom. want you to come
. through clean with this all: help 10
| clean up this whole afRairYv
THAT was after Gilman passed
over the money"
Conn said Jasnowski went out Of
the room while the wfyuess was
counting the money, returning later.
did Nj. Burns say to Mr. Gilman
that that was the only opportunity 10
make clear statementr'
II think he said Il would be . good
opportunity and Gilman said, What
40 you want me to sayf'"
sAnd Burns would not and did not
permit Gilman to make the state.
msnt he wished saying. n you can't
make q clear, clean statement, we
don't want any 1t air."
eyes, he walked away from 0lln-
nan several times. interrupting Gin
nan with HIS remarks."
when was II said that they did
not want to send Gilman TO the psni-
tsntiaryr'
Il don't recall that ~ z
~Who told Gilman he could not
hold once agAinf"
Burns said that ~
did you say to Gilman when you
arrested him: We have got you this
- nav have said that p