The sun., 1917-09-21
WARRANT FOR
,PHILA. MAYOR
Citizen Files Conspiracy to
Murder Charge-BOnds $lO,-
900 for Smith and Two Aids.

PHILADELPHIA. Sept 20. Warrants
charging conspiracy in connection with
the killing yesterday Of a policeman and
the assault on two other men by alleged
Jersey City gunmen in the Republican
factional contest in the Fifth Ward were
sworn out tonight for Mayor Thomas B.
Smith. Police Lieut.. David Bennett and
Isaac Deutsch. Deutsch was a candidate
for the Select Councils and opponent Of
James A. Carey for the leadership Of the
ward.
The warrants, which were sworn out
by Isadore Stern. a member Of the State
Legislaturs. were not served. but by
agreement of counsel the thFes men. ara
to rive bonds N the Municipal. Court to-
morrow.
Two Years Plotting Alleged.
In his affidavit Mr.. Stern charges
Mayor Smith. Lieut.. Bennett and
Deutsch with 'unlawfully and malicious
ly combining to procure. through them
selves and others, officers and employees
Of the city. to take an active part In
political management and political cam
paigns and use their ONCE to influence
political movement and political action
Of other officers and employees. and to
Interfere with the conduct Of an cleo
tion to be held AZ said city Of Philadel-
phia on the ninteenth day Of September,
1917, and the preparation therefor. and
In pursuance and execution Of said con-
spiracy to commit assault and battery
aggravated assault and battery and mur-
der. which said conspiracy was per
formed and executed within the said city
of Philadelphia and elsewhere within
two years past. contrary to the form OF
the act Of Assembly In such case made
and provided. and against tho peace and
dignity Of the Commonwealth OF Penn
sylvana"
James Gay Gordon. counsel for Stern
in a statement said that Judge Brown
had notified the Mayor and the other
persons charged to appear before the
clerk Of the Municipal Court tomorrow
and enter their own recognixance In the
sum Of $4,000 pending their appearance
at the hearing upon the charges named
on Tuesday next.
VIII Push Prosecution.
The prosecution which ] have in.
stituted on behalf Of my client said
Gordon. us begun with the highest
public purposes and will be pursued to
the end. No influence will be sufficient
to call II of"
Evidence was given to-day tending tc
show that the murder was the result OF
a plot to kill Carey.
Jacob Mascia, accused Of Staying
| Policeman George A. Eppiey. and John
Costello, an alleged accessory. were held
without bail to-day in the City Hal
Police Court to await the action Of the
| Coroner The two men also were
| intent to kill John II. Maurer. an As
sistant District Attorney. who was with
Carey at the time Of the attack.
Five other persons. who have not beer
arrested. are alleged to have participated
| In the attack.
Following the hearing District At
| torney Rotan announced that the evi.
| dence did not warrant the prosecution
by his ONCE OF Mayor Smith and othel
city officials on a charge OF conspiracy
| in connection with the case, but added
that private citisens were not prevented
from doing so. II they felt justified.
Carey. who was black lacked. suffered
q relapse at his home to-day and wal
confined to his bed. He was unable Il
appear at the hearing OF the accused
men His condition while serious, ac.
cording to physicians. Is not necessaril,
dangerous.