Evening journal., 1916-02-23
APPbEGATE Held ON
CONSPIRACY CHARGE
Junk Dealer Admits He Re-
ceived Stolen Metal From
du Pont Plant
SAYS HE'S WILLING
TO TAKE SENTENCE

John Fisher, white man. was be-
fore City Court today, charged with
the larceny Of copper, lead, tin and
babbit metal from the Poole plant of
the b. |. DUPONT de Nemours and
Company. He was represented by
James Salisbury.
Adolph Rose. junk dealer OF No. /
225 Orange street. testified that Fisher
left the metal az his place Of business
and he delivered IL to Detective King.
The detective told the court that
Fisher admitted that he had stolen the
metal from the DUPONT Company. IL
was shown by MIR Salisbury that the +
ownership of the property had not
been established The court said il
very reluctantly held Fisher for the
Court OF General Sessions on the
grounds of suspicion.
Harry ID. Applegate. charged with
stealing scrap metal from the same
company. was then arraigned on the
charge Of stealing metal from the
company on January IL and H.
! William Il. Jones, Of the company,
testified that Applegate had been SUI
! perintendent OF the scrap iron de-
partment at the Poole plant hut he
did not know that any scrap iron had
been taken by him. Much time was
taken up by Mr.. Lynn in trying TO
! prove ownership OF the scrap iron al
legged to have been stolen.
Phillip l.. Garrett. counsel for APP
plegate, kept obiecting TO the manner
OF procedure by Mr. Lynn
MIR. Jones read the records show
ing sales OF scrap metals TO Adolph
Rose showing amounts received 10y
the company. for which they received
S2.93427 i'm total
James Devlin. an employ Of the
dupont Company, told OF loads OF
scrap metals that he had weighed and
which had been hauled away by
AdOlph Rose and put in Roses alley
Witness told Of hauling five tons on
January II and 10 and Of delivering
il TO AdOlDh Roses place.
Adolph Rose. the recipient of the
scrap on the days mentioned. said
there was a scheme to take the
weight slips and that he and Apple.
gate would take aboutone quarter off.
Witness said he paid Applegate by
buying him a sweater and a lambs
wool jacket. candy and various sums
OF money I'd also had taken Apple
gate to fights in Philadelphia
Witness told the court that he
bought eight tons of scrap from Ap-
plegate for which he paid the latter
b $50. He said it was worth $50.
Upon cross-eXamination by Mr.
e Garrett the witness said he first told
OF the scheme with Applegate wher
e he. Rose. was arrested on the charge
of receiving stolen goods.
81 told It a little before that" h
said.
''Who did you tell?"
MY lawyer. Mr. Reinhardt. He tol
me / was I'm for il and might as we
y take my medicine. I then turned {
Detective Green and told him al
% about t. was just as guilty as h
was and am going to take my med
4 cine
, Witness told of Applegate tellini
him not to he afraid to bid for scral
Is even If he had to pay $50 a ton 70
e it and he would see that II was de
't livered
J. Testimony was presented % shoy
IS that Applegate did not pay any none,
e rover to the DUPONT Co. for the scrap
il At this point Mr. Garrett asked tina
l. the defendant be dismissed becaus
v the only evidence against him wa
r that of a man who had confessel
that he had stolen
J. Mr. Lynn objected to the charge be
a. ing dismissed because of the Devlil
I testimony that FIVE ton Of iron scral
=. had been taken by orders Of Apple
u gate from the yard to the junk shol
OF Rose.
The court said that larceny wa
the unlawful taking of property be
longing to another and converting
to his own use. and that he failed {
/ see that the felonious taking ava
II had been shown
The court said that from the evl
dence a conspiracy evidently ha
Nv been entered into. but that there wa
!, no larceny Nevertheless he woul
hold the defendant upon the charge {
y conspiracy if Mr.. Garrett did not oil
ject.
- Mr.. Garrett asked the court TO cor
=" slider the fact that Roses ovidenc
!u !' was all that the State could depen
NJ upon TO sustain a charge Of col
\, spiracy.
w. The court then dismissed tn
y, larceny charge against Applegate an
=" held tho defendant under $1,000 ba
!, on a conspiracy charge.
~ Hastings Applegate, brother
~ the defendant was then arraigned q
~ the charge Of attempting to obstru'
' Justice. He got a postponement uni
=. Saturday.
- William Sheer, charged with int
fering with officer Jolly. at Four
street wharf while he was making .
\. arrest. was fined $25 aud costs.
at Sheer said he was not aware Oh
es- Jolly was an officer.
m no Frank Williams. charged with {
ho larceny OF an overcoat and pair
bo glasses from his boarding house,
ee. 219 West street. was held in $500 b
err for court.
wn Wilhelmina Ducker, colored, char
du- ed with stealing cloth from Juli
VII Glantz. Of No. 1908 Tatnall street "
et. held in $500 bail for court.
Charles ID. McCleary, when arraif
: ed on the charge Of non-support, 81
ne he was willing to return to his w
ht if she was willing.
on 81 don't think she wants anythi
to do with YOU" said Mr.. Lynn.
Mrs. McCleary testified that
~. husband left her twelve weeks a
- and went TO Washington The col
ordered the husband to pay the "
aud srf.ro InpI srffh Cnra