Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-12-13
'O|EFENTHALER
CLAIMS THERE
WAS NO CRIME
Deputy Revenue Collector Puts
in Defense Through
Counsel.
ABANDONMENT is PUT
OVER UNTIL FRIDAY
Charges Create Sensation in
This city-compIications
May Ensue.

The hearing of John V. Diefenthal-
er, suspended first deputy revenue
collector of the Fifth district, will
take place Friday morning at
II o'clock before United States Com
missioner Edwin r. semple. Miss
Mary A. Duley. until last Thursday
clerk in the revenue office here, will
be given a hearing at the same time
The case against both gHew out of
the alleged sale of lists of those pay
Ing income taxes in this district.
The hearing was scheduled for to-
day. but a postponement was decided
upon early this morning. 1T
takes time to subpoena witnesses"
said Mr.. Semplc, when asked
the reason for the delay The request
for the postponement came from the
prosecution, Diefenthaler, through
his counsel. Charles NJ. Mason, claims
no crime has been committed by him.
Charles M. Mason, who will prob
ably be the counsel for the accused.
sketched the latter's defense today
when be protested that no crime had
been committed. II am considering
the matter said Mr.. Mason when
asked If ne had been retained.
Examined the Law.
Continuing, he said: II have ex..
amined the statute and the COM
plant. The facts as / find them and
as they have been published, show
that no crime has been committed. At
best, there was nothing but techni-
cal violation and laws would have to
be strained to meet that I don't be-
lieve there was even a technical vio-
lation."
Mr. Diefenthaler has been in poor
health recently, Mr.. Mason said, and
he declared that sI am exceedingly
sorry thar any complaint should
have been made against him because
of this fact. He has been nearly At
deaths door with stomach trouble
In view OF what he had learned
through studying the case Mr. Mason
expressed surprise that anyone should
have even contemplated making a
complaint. Even If the lists of in
come taxpayers had been widely dis
tributed. MIR; Mason did not see what
Injury could be done. In other de-
partments Of government, he pointed
out lists of names are constantly
being disposed of without question.
This view, however, does not ac-
cord with that of the government 1t
is claimed that both Derfenthaler
and the Duley woman are liable to
two indictments for disclosing infor-
nation that the government regards
as confidential.
Following the arrest of Diefen-
thaIer and Miss Du1ey Saturday aft
ernoon they were released under
bonds of $1,000 each. furnished by
John L. Armitage. a close personal
frier of Mr.. Diefenthaler for the last
TIVE Y years. The latter had just
returned from voluntary pilgrimage
10 washington in the interests of Mr..
Armitage's candidacy for postmaster,
when taken into custody on COM
plaint of Charles v. Duffy, internal
revenue collector for this district.
Diefentnaler was suspended imme-
diately as first deputy revenue col
lector,
Mr.. Duffy will take care of Mr..
Diefenthaler's recent duties until the
case is brought to an end. If Mr..
Diefenthaler's dismissal is made per-
maneut Mr. Duffy will have the
choosing Of the new first deputy.
Diefenthaler was candidate for the
Office of collector up to the time of
Mr.. Duffy's appointment eighteen
months ago. He was then appointed
deputy collector in order to satisfy
local political consideration. He is
treasurer of the Woodrow Wilson
League. of which Mr.. Armitage is
presider
Friends Of Diefentha;er insist he
has committed no crime and that he
viii be cleared of any wrongdoing.
Ia such an event his reinstatement
will follow as a matter of course.
Told by Senator Hughes.
1t is understood that the leak in
the local revenue office first came TO
the attention Of Collector Duffy last
June. At that time he was notified
by United States Senator William
Hughes that Frank Gledhill, an Of
fetal of the Hamilton Trust Com
pany, of Paterson, desired to see Mr..
Duffy. Mr.. Duffy saw Mr.. Gledhill
and the latter informed the revenue
Official that he had an intimation
there was in existence in New York
a copy of part of the official list of
Income taxpayers in northern New
Jersey and that it had been offered
for sale. This was q startling piece
of news for the collector and he I'M
mediately started an investigation at
his office.
mediate results and no trace of the
alleged leak could be found. A
clue was obtained during the sum-
mer, however. which led to the dis
covery that Diefenthaler and Miss
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