Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-03-01
TRIAL or CLAY, WALL
AND WIGGTNS IS PUT
OVER UNTIL April.
Judge Charles E. Terry
Refuses to Sit in Case
Because of Lack of Time
and Issues Order for Re-
hearing of Case.

[ Judge Charles p. Terry. of wyoming
Z County sprung surprise on prosecution
, and defense alike today by refusing TO
preside at the second trial OF Henry Clay.
former Director Of Public Safety: John
r. Virgins and Willard H. Walls, con-
tractors, accused OF conspiracy to de-
fraud the city of about 100000 The
reason given by Judge Terry was that he
cannot stay here more than two weeks.
The jurist made a peremptory order for
the opening of the trial the first Mon
day In April on the motion of Assistant
District Attorney Joseph A. Taulane.
This order was in the nature OF a VIC
tory for the District Attorneys office
George s. Graham, chief counsel for Clay
Virgins and Walls. bitterly opposed the
courts order as unfair 20 the defendants
Clay stalked nonchalantly into the
Court of Quarter Sessions, Room 653,
City Hall, at 10 o'clock for the trial He
smiled right and left to the scores OF
politicians who filled every seat in the
room and overlowed into the corridors
| The former director took a seat well up
toward the bar alone. Virgins and
| walls sat together in the front row.
| both seemed Indifferent as the jurymen
We're responding to their names.
While this formallty was under way, n
report spread through the room that the !
trial would be postponed, but II was
given little credence. Judge Terry then
took his seat and called Mr.. Graham |
with District Attorney Samuel p. Rotan
and his assistant, Mr.. Taulane, to u side
bar conference. After this the Judge made
the following statement:
In consideration of the Importance and
interest OF this case, ! want to say that
l was called here to stay two weeks. No
intimation was given me that this case
was to be longer one, understand the
first trial took four weeks and that this
is likely to be as long, or longer If I
had been informed of this 1 would have
said at once that I could not hear it,
because | cannot stay here that long
and therefore cannot try this case.
You may take the case before one of
your Judges and have time set for the
opening of the trial We will make no
order on this"
District Attorney Rotan then asked the
jurist II he could retui:, later, after dis
posing of cases before him in the coun-
ties of Wyoming and Sullivan Judge
Terry said this would be impossible, and
the District Attorney. after some further
parley, gave formal notice to the de-
Tense that the case would be called again ,
for trial the first Monday Of April.
DEFENSE MAKES KICK.
After Mr.. Graham had declared that in
accepting this notice he reserved all his {
rights for objection, Assistant District At
torney Tauane made a motion for per- :
emptory order for the beginning of the r
trial the first Monday in April
This order was made by Judge Terry
after a short sharp argument between \
Graham and Taulane, the former decar- {
ng 1t seemed to put the blame for the v
ielay in the case upon the defense, when 7
10 one was to blame. O
Counsel for the defense, in addition to f
Hr. Graham, were Joseph Gilfllan, for a
ner Sheriff, and Charles s. Wesley. At C
he first trial, in addition to those named, n
,hester N. Farr and William A. Glasgow a
represented the defense. Crawford B. Il
Ienning, a former Assistant City Solicit
or who helped work up the case against II
lay, Virgins and Walls, has been re- C
aimed as special counsel by the District a
.ttorney's office. IL
Clay spoke briefly to his counsel after q
he case was disposed of, and then left the .
ourtroom alone. He walked slowly from i,
he sixth floor down the stairway to the u
treet. where he faced battery of news p
aper cameras. This kept up until he had u
rossed South Penn Square into South ~
road street. u
CLAY LOSES TEMPER. ~
Suddenly Clay lost his temper and pl
Ished at a photographer, as though in tt
mt on halting the picture taking The
eluded him and then a COM 10 10
lnion escorted Clay into the West End w
rust Building. Reserve bluecoats in in
,uth Penn Square laughed openly In en- m
yment of the incident Clay always mas
zen cordially disliked by the police who e.
" he was a tyrant when he held office. he
The calling of the case today brought bi
,out a gathering of Organization clans tn
the sixth floor of City Hail. The cor re
Tor looked like meeting of ward poll
,ians Long before 10 o'clock, II was y
mined with men and after Judge Terry Il
OK his seat the courtroom became so
cked that only those who could give Su
good reason were permitted into the
amber,
Neither the defense nor the prosecution
,uld say what Jurist will preside at the ST
al when 1t is called in April, General de-
inion In the court room was that an EN-
ler out-of-town Judge would be sent a
r. The first trial was heard by Judge an
lples, an upstate jurist. No one cared Jul
express an opinion on why the case Ia,
not handled by local judge.
rhe three men were convicted February Go
1913, on the same charge, but new the
al was granted by the Superior Court. of
"a first trial consumed an entire month, Ph