Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-17
JIM CLARK
In PRISON FOR
MURDER PLOT
Man With Eyeglasses Held
Without Bail for
Court
WRIT WILL BE SOUGHT
District Attorney to Ask Release
of Witness for Common
wealth

James l. Clark the 'man with eye
glasses" in the Bloody Fifth" Ward case,
was held without bail for court on a charge
of conspiracy to commit murder this after
noon by Magistrate Stevenson in his office
at 3947 Lancaster avenue He was re-
committed to Moyamensing prison to await
the action of the November Grand Jury.
Immediately after the hearing Clarks
counsel Thomas j. Minnick. Jr., prepared
an application for writ Of habeas corpus,
which was supported by Assistant District
Attorney James Gay Gordon. Jr, indicating
that District Attorney Rotan was in favor
of allowing the release in bail Of Clark, who
is an important witness for the Common
wealth in the murder conspiracy case
against Mayor Smith and his eight code
PENDANTS.
I'VE win appear before a Quarter Ses-
sions Court tomorrow and recommend $4,000
ball" said Mr.. Gordon. Clark's counsel
said bond had been arranged.
The proceedings involving Clark this aft
ernoon constituted mere sklrmish in what
promises to be one Of the big battles in
the case tomorrow, when Samuel G. Ma
loney, head of the Val O'Farrell Detective
Agency bureau here, and Clark's employer,
is arraIgned before Magistrate Watson on
charges Of murder conspiracy preferred by
the Department OF Public Safety.
Hint of the probable action TO be taken
by District Attorney Rotan was given this
afternoon at an important conference in the
District Attorneys office. Mr.. Rotan, 1t
was said, will endeavor to obtain an order
restraining Magistrate Watson from allow
ing Representative John r. K Scott to ap-
pear as counsel for the Department Of Pub
lie Safety or to question any of the many
witnesses summoned by Scott. acting as
the prosecutors counsel. The ruling of
Judge ]. Willis Martin refusing to recog-
nze any one but District Attorney Rotan
as counsel for the police Will be cited, 1t
was said.
District Attorney Rotan. who declared
that his investigation ana prosecution of
the case is being blocked by the police,
would not indicate what his action would
be tomorrow.
II will not discuss what we will do to-
morrow" he said late this afternoon, just
before engaging in final conference with
his entire staf of assistants, together with
counsel for Maloney. He takes the stand
that he is Maloney's legal and official prose-
cutor.
The Vare-smth camp, on the other hand,
issued subpoenas right and left for the
hearing, calling many of the Common
wealth's witnesses to testify in the murder
conspiracy charges against Maloney.
The witnesses summoned by Maloney's
accusers include State Representative
1sadore Stern, District Attorneys De-
tective Joseph McClain and many news
papermen. More than 200 witnesses will
b. called 1t was said indicating that the
Maloney hearing will last for days, as did
the murder conspiracy charges against the
Mayor and his codefendants.
A rumor that the Vare-Smith camp ex-
pected to prove "frame-up" Of the charges
against the Mayor by causing Mike" Sui
livan, one of the Commemorative star
witnesses, to testify to that effect at the
Maloney hearing was discounted by Harry
d. Wescott, Sullivan's counsel. He said
that he had heard nothing of IT, or that
the police had attempted to arrest or other
wise intimidate Sullivan, as II was charged
thew have been doing In casa pf
loney.
PRESS MEN WAIVE HEARING
The FIVE officials and editors Of The Press,
accused by State Senator Edwin H Ware
of libel were held today in $500 bail
each by Magistrate Coward for the action
Of the Grand Jury. They waived hearing.
The five men accused are Alden March,
president and editor; Samuel Calvin Wells,
associate editor; Robert H. Kruger. secre-
tary-treasurer; ], w Magers business
manager, and Richard ]. Beamish, re-
porter.
The charges based upon the newspapers
account OF testimony at the murder con-
spiracy hearing Of Mayor Smith and his
associates were that Senator Vare's name
was not mentioned in "Sam" Maoney's tes-
timony as coming from Isaac Deutsch but
that Maloney himself said that Deutsch
meant Ware when he said that "the little
fellow" would attend to the payment of the
''strong men.
"If any witness had had the brazenness
and crininality to name Senator Ware he
would have been arrested for perjury when
he stepped from the witness stand" de-
clared Representative John r. X Scott
Wares counsel Senator Ware sat upon a
front seat at the hearing, a cigar in his
mouth. The defendants were represented
by Robert T. McCracken, serving In the alb
sence of owen J. Roberts, their counsel
The prosecution called only three wit
nesses. Byron A. Miner, of 713 South
Thirteenth street, and Harry Snow, 226
South Broad street, a telephone operator in
Senator Vare's office, testified that they
had bought copies of the newspaper con-
tanning the alleged libel. Lewis Hopper
1915 Arch street. stenographer for the
Mayor and other defendants in the murder
conspiracy hearing, was introduced as wit
ness when Mccracken waived hearing
Bail for the five men was furnished by
the United States Fidelity and Guaranty
Company through its Philadelphia repre-
sentative. J. Walter Zebley.
RoTAN HOLDS CONFERENCES
Much speculation was caused today by
the conferences that District Attorney
Rotan held behind closed doors. OF them
he would say nothing except he was shap-
ing up the murder conspiracy charges
against Mayor Smith and his associates
that are to be presented to the Grand Jury
next month for Indictment
Men close to the District Attorney today
said that Mr.. Rotan is facing a stiff fight
~ Aho hiNSollbaAOA5 HnlCn mas QeNelOpcQ
into three-cornered affair, with the Ware
Smith camp on one side. the Penrose-dc-
Nichol wing on the other and the District
Attorneys office occupying the middle
ground. In the midst Of the volleys of ac-
cuations and counter-accusations. So far,
II was pointed out. Mr.. Rotan has faced the
most determined opposition in his efforts
20 probe into the charges against the
Mayor. the entire Vare-Smith city, admin
istratIon blocking him at every step In
spite OF assurances Of cooperation. The
interference by the Vare-Smith police with
his Witnesses Withholding OF witnesses
names. alleged intimidation and terroriza-
fiop OF witnesses by the police and accusa-
tons by Wares counsel, Representative
Scott OF the District Attorneys alleged sup
preston OF evidence favorable TO the Mayor,
were cited as examples Of the opposition en-
countered by the District Attorney.
II ls known that the District Attorney
never uses the telephone wire that runs
from his once through the Electrical
Bureau when he discusses Fifth Ward mat
lera over the telephone. but uses a private
wfra Mr.. Rotan has discounted rumors
that his wires have been tapped" BY per-
Ir.1 he consgarsa fi,,. K...t