The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-22
WILL ASK GLYNN
TO GUST SMITH
Continued from First Pooe

Alfred J. Emo of the village OF Queens
and head OF the borough branch of the
Woman Suffrage Party.
II first became interested In the case
last March," Mrs. Emo said. Reading of
II, Il seemed to me such "A horrible thing
II this young girl had been lured from
the court house of all places
with the political implications OF this
case neither l nor my branch Of the
Woman Suffrage party has any concern.
We are bent only upon securing justice
for a woman. From her story and tho
evidence in court I feel that Heffernan
was less guilty than Scanlon, ad Justice
Scudder, In sentencing Heffernan, said 4
am convinced that yours was not tho
master mind that conceived this crime
"In many ways we who believe in Mrs.
Ellerts cause feel that Scanlon should
be retired Immediately. We believe that
there should be an instant investigation
of the District Attorneys conduct of this
case. we place great reliance upon the
record OF the case which Mr.. McQuaid
will lay before Attorney General Car
mody and through him before Gov
Glynn"
That record is substantially as follows:
After hearing the story or the assault
from his wlfe's lips on Christmas morning
young Ellert went down 10 the Queens
court house and there, according 90 testi-
mony given later. he ran into Scanlon.
The young husband and his wife had de-
cided that the best thing they could do
would be 10 lay her story before County
Judge Humphrey. That was why Ellert
had gone to the court house
Husband Attacks scanIon.
II was holiday week and Judge Hum
phrey wasn't sitting. Ebert learned that
Just before he met Scanlon. lie imme
diately undertook 20 thrash the twenty
three-year-old court house hanger on uc-
cused by his wife. Scanlon. II was testified.
was backing away when Henry Mehrtens.
a clerk In the District Attorneys office.
came out. Meeting ScanlOn and Ellert
and learning the trouble. Mehrtens. ac-
cording to the testimony, said to Ellert
shut up. We let you of. 50 you'd better
keep STILL"
About a week later when Judge Hum
phrey's court had reopened Ebert and his
wife went 10 the court house again. This
time they saw the Judge. lie was much
wrought up by Mrs. Ellert's story and
called In District Attorney Smith.
That was all l could do--put 1t into
the District Attorneys hands" Judge
Humphrey commented later.
Smith appears 10 have done nothing for
over a month. At length newspaper men
got wind OF the case and tried to find
Mrs. Ellert. At first they didn't succeed.
District Attorney Smith replied to in
auiries that he could do nothing. as Mrs
Ellert couldn't be found. But she was
found soon after and interviewed and her
story printed in the newspapers.
Thereupon Smith seems TO have spoken
of the case to the March Grand Jury. but
Mrs. Ellert was not heard by the Grand
Jurynen. Smith said that the affair was
all newspaper talk Judge Humphrey
attention was drawn 10 the long inaction
take the case before the April Grand Jury.
The District Attorney replied that he
couldn't without an order OF the court.
as he had already laid IL before the March
Grand Jury. which had dismissed II for
lack OF evidence. But when Judge
Humphrey asked to see the Grand Jury
minutes bearing on the matter Smith
had rome TO show him. Thereupon the
Judge charged the new Grand Jurymen
to go into the case thoroughly.