Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-29
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He attacked the evidence sub
aI,.tod at the hearing before Judge Brown,
nutob ne declared was unconstitutional with
W. Judge sitting as a committing magis-
trste. .,..--.. ,,,r,od e., .,,o ,,,arror,
.ar smith also Is being held for con-
snt Of court and misbehavlor In office
ssa men accused with him in the murder
lratracv and other charges are Select
s.,,ncilman william f. Finley. prominent
s..-n- smith leader Common Councilman
80, Deutsch of the Bloody Fifth; Po-
-. lieutenant David Bennett and Police
~, Iohn wirtschafter Michael Murphy,
Inwis Feldman, Emanuel Uram and Clar-
.rce Hayden, a negro.
ISacb of them is accused OF murder con-
isacv in connection with the death Of
saslinr Detective George A. Eppey, who was
~ and killed by imported New York
ssstrong-arm" men in the primary election
on september 10. They were held by
yage Brown for the action of the Grand
Su,y the four first named being held
S',ndsr $4,000 bail each and the five police
.,sn being held under $4,000 bail each.
counsel for the defense Immediately went
hsfore Judge Martin, asking for writ
~ babeas corpus, thereby transferring the
Rail 20 Judge Martins court.
rbe argument to test the legality of the
Aoarlng before Judge Brown was sched-
uiod TO begin at 10 o'clock this morning
before Judge Martin in Room 296. City
Hall
t.ndants to reach the courtroom He was
soIowed by his counsel. Colonel Sheldon
pot,er former Judge Abraham Better and
lanes Scarlet Less than twenty feet from
vrbere the Mayor sat was his son, Davis
Page Smith.
hearing would have to be continued be-
cause the writs of habeas corpus, which
rere in the custody of the Sheriff, could
not be found Sheriff's Solicitor George
pussell said that the wrts had been mis-
isid but he produced the returns. showing
that the wrts existed. Mr. Taulane would
not accent these, however and before argu-
nent was started new wrts had TO be
nade out by Clerk Sol Malsberger and
signed by Mr. Russell. From 10 o'clock
nntn after II o'clock Mr.. Russell searched
for the original papers.
"Fine. fine" replied the Mayor when he
mas asked about his health.
A. 1I:15 o'clock, an hour and a quarter
.ter the time set for the opening of the
Soaring Ephraim Lipschutz, representing
The law office OF Representative John r. X.
scott. requested that a continuance be
Granted i'm the cases of all of the defend
. onts excepting Mayor Smith and William
y Finley until Friday morning.
Te gave as his reason for asking the
contInuance that William T. Connor, also
Of Mr. Scott's office who represents these
attendants, was busy in the court Of Judge
Davis in conection with the contest of the
nomination petitions of the Town Meeting
party ..,,-.,,,, r->,,,.,r -,
continuance of the hearings Of all of
tbe defendants, excepting Mayor Smith and
william T. Finley, was granted until Fri
dav morning on the request of Mr. Lip
schutz. The court then announced that
pP nd NTr
would be argued at once The argument
began at 11:3O with Assistant District At
torney Joseph II. Taulane arguing for the
Commonwealth.
Former Judge Better speaking for
Mayor Smith and Mr.. Finley, objected tc
an argument in their cases different from
the other defendants. He asserted that he
had not had an opportunity to go over the
evidence and testimony with Mr. CO. MOI
and that he would like to have argument
on the Smith and Finley writs postponed
until Friday, when all of the writs could
he argued collectively. Mr. Taulane OBJ.
iected TO a continuance and asserted that
the cases of Mayor Smith and Mr.. Finley
are different from those of the other de.
fendants
Judge Martin finally announced: 'Well
I'm ready and we will go on with that
argument, unless there is some other rea.
sop for objection"
There was some discussion as to whether
the court should accept as official thu
stenographc report made during the hear
ing before Judge Brown. The court finally
ruled that the notes would be acceptable
CALLS HEARING ILLEGAL
Arguing for the Mayor, former Judg,
Beitler asserted that the hearing before
Judge Brown was unconstitutional and
besides, that there was not sufficient evi
dence to hold the Mayor for the Crane
Jury.
In rehearsing' the political fight betweel
Mercantile Appraiser James A. Care!
and Ike" Deutsch for Select Council, h.
declared that the Fifth Ward was ampl!
policed on the day Eppley was murdered
and that there was no evidence to shov
that the Mayor had anything to do witt
a bringing the eighteen Frog Hollow
strong-arm" men to this city
Your Honor, there isn't a scrap of testi
mony In existence duplicating the Mayo
with bringing over these men from New
York" he said
tribute was paid to Eppley's braver.
by Mr. Beitler.
'"The district embracing the Fifth War
was amply policed and everything wa
done to protect the residents" he SAID
There was testimony given that Deutsc
visited the offices of the Val OFarrell De
tective Agency about October II to Sc
Samuel G.. Maloney, and that Deutsch re
turned and negotiated for the services c
Ward. There was also testimony that aft
erward man named Clark told Deutsc
that the men who were coming here woul
not break the law. And Deutsch replied
Exactly So He also didn't seek to violat
the law.
Judge Beitler recounted the testimony G
lsadore Stern with regard to Stern havin
met the Mayor on the Boardwalk at Al
lantic City about the middle CT Angus
when Stern said that the Mayor asserte
he would be against Carey and that "f
would go the limit" Mr.. Betler said NJ
Stern took the letter written by Mr.. Care
IN which complaint was made of the col
duct Of the police of the Third District
Mayor Smith on September 8. He referrt
to the fact that Stern and Mayor Smit
met in cafe that night and that the MayC
told Stern to come to his house in Atlant
City the following morning.
THE CAREY LETTER
In the meeting the following mornin
Better said, Stern testified that May
smith had told Shern that his brother h;
xugt tYI