The Detroit times., 1915-04-28


were quashed by the death OF the
defendant. Aid Gilman was acquit.
ted on the bribery charge.
All Of the defendants. with their
counsel. were In court Apparently
they had discounted the prosecutor
recommendation. for they seemed
unconeerned by II. and made no com
nent-
mr.. Jasnowski's motion Is the
most important that has been made
In this court In many years was
Judge Phelan's comment. Il shall
take time 20 consider the recommep-
dation In each case separately be
fore give my decision"
The prosecutor based Ms motor
on many grounds--the lapse OF time
since the filing Of charges: the Inn
probability Of conviction: the bene-
ats or lack OF benefits aeeruinx to
the state by the trial OF the accused
men: the expense. and the charac-
ter OF the evidence available. The
failure OF the case against Aid. Glip-
nan. considered the strongest case
OF them all, also assisted In leadinp
the prosecutor TO his conclusion.
Mr.. Jasnowski. In a lengthy and
comprehensive speech TO the court
said:
In taking up this matter with
your honor. 4 have hesifated because
of two reasons. The nrst IL that
was unfamiliar with some OF the
cases. AT the time OF the arrest OF
Gilman and the others. ! was as
signed to getting statements from
the aldermen Soon afterwards, At
torney Charles T. wilkins was en-
gagged a. special counsel. and from
that time on he practically had
charge of the cases. 30 that q great
deal was done that was not famii-
lar with. I remained with the cases
until the September following the
arrests. when was assigned BY
Prosecutor Shepherd to other work
had no further connection With
them until the cases were assigned
for trial by your honor. and an At
tempt was made TO get q jury. AZ
ter that failed. I was out of connec-
ton with them until about the time
Mr.. Frazer asa1sned the duties Of Of
fee. became very familiar with
the Gilman case. Of course. but
had not been further informed az 70
the merits Of the others.
The other reason which 7 stated
IL that I have been a candidate for
the once Of prosecuting attorney.
felt that had not been selected by
the people 10 assume the duties OF
the once. but had been permitted By
the circuit judges TO hold the posi-
ton until a successor 10 Mr.. Frazer
was elected. felt that IL the PEG
pie wished to place the responsible
ity for the conduct OF the once or
me, they would DO so by their votes.
until that time. should not assume
the more serious duties OF the once
After the election, felt that the re-
sponsibility rested on me. and am
ready 10 discharge II.
There IL one peculiarly with ref
erence TO the evidence available IN
all these cases-that the evidence
would be the statements OF one prin.
cipal witness. One man made the
investigation primarily. one man re-
ported the conversations which he
had with the men accused, and the
testimony depends on what he re-
members OF conversations held three
years ago. As time goes on. and the
mind becomes crowded with other
events, the memory OF q converse,
ton becomes blurred and cloudy.
Your honor will remember that IN
the trial OF Gilman. Detective Burns
the witness In question, had 10 reply
I can't remember that--it happened
two years ago. He had TO make thai
reply repeatedly.
Another proposition--a serious
one IN this cass-is that Of expense.
The expense Of the Gilman trial 10