Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-18

tnat there had been no attempt 10 eNciuoe
| District Attorney Rotan from taking part
in the hearing Ct Maloney.
This was a preliminary hearing 20 de-
| termine whether the evidence was sufficient
| to hold him on the serious charges pre-
| ferred against him" said Stockley. "It was
! not court Of record. | submit that when
a private citizen comes into court that
| is not OF record, and prefers charge under
the Constitution. he has the right to be
represented by counsel
1T isn't question as to whether Justice
will be done II is simply question as to
whether the evidence Is sufficient TO hold
this prisoner
He stated to the court that he had not
had an opportunity TO file an answer TO the
petition for the writ of mandamus, and
asked permission to call witnesses to prove
that Magistrate Watson had not attempted
to exclude Rotan
The District Attorneys ONCE admitted
the facts as stated by Stockley.
'ThDse facts are admitted" said Judge
Martin, The question is whether the Dis
trict Attorney shall have the sole right
to he the prosecutor"
SCOTS BoMBSHELL
Congressman Scott, who followed Stock.
ley. ,Nploded bombshell when he declared
to Judge Martin that he had witnesses to
prove that Maioney was the sole instigator
Of the Bloody Fifth" Ward tragedy.
we have in a room in this building
swear that II Maloney who instigated
the attack on the Flnletter Club the night
before Detective Eppley was shot to death"
he said.
I'VE have a man who is ready to swear
that he heard Maloney say that he was
sorry that Mr.. Carey wasn't killed instead
Of Eppley. We have men, who are ready
to swear whose testimony will tie the crime
to Ma.oney. And not only that, your
Honor but we have man who Will swear
that Maloney hired thug to Kill labor
leader in an adjoining county.
And the thug. who was delegated by Ma
loney to kill this labor leader, is now undel
arrest"
Judge Martin at the conclusion of nearly
two hours argument upheld the contention
of the District Attorney that he or his rep
resenatives alone have the rignt TO prose-
cute Maoney
Judge Martin, in handing down his de-
cision, said that as he interpreted the law,
no one except the District Attorney has
the right to prosecute in this case.
Mr.. Scott Immediately arose. and said
that if that was the decision of the court
he was satisfied.
Mr.. StoCkley walked to the bar of the
court, followed by Mr.. Taulare. and sug-
gested that II the court had delivered his
decision formally, he saw no reason why
il would be necessary to actually issue
the writ.
At this point MIR. Scott broke in and
said he wanted to remind the court that
his clients have witnesses now in MaEis-
trate Watson's courtroom" and that he
would place all of his notes at the COM
Inand of the District Attorney
Scott said that all he and his associates
desired was to see that MalOney is thor
oughlv prosecuted
Mr. Taulane then spoke and said the
District Attorney wanted the writ issued.
Mr. Stockley replied that he was ready to
accent service the
writ to be prepared.
Mr.. Scott, while arguing before Judge
! Martin. also said that they would produce
a chauffeur and two men who were sent
| to Delaware County to kill man named
| Dunyon. and intimated that this had been
| instiRated by Maloney
Magistrate Wat'on accepted service of
| the writ Of mandamus, and when the trial
| was resumed at 1910 o'clock Congressman
! Scott agreed to turn over to District At
! torney Rotan complete list of the wit
! nes8es suhpoenaed by the Director Of public
| Safety and the captain of detectives, and
also statements obtained by Scott from
these witnesses.
Scott however, attempted 70 make public
| the testimony he had hoped to bring out at
| the hearing by reading the statements of
| the witnesses. kOtan strenuously objected,
| declaring that Scott's status in the case has
| been defined by higher court and demand
ed that Scott simply Identify the statements
! ana marx lneTn ana TURN tneIl over " VIC
| District Attorneys office.
Mr.. Rotan agreed to permit Scott 20 re-
| tain copies Of the statements.
| While Scott and Rotan were arguing,
| Congressman Ware who was on the wit
! ness stand when Judge Martin suspended
| the hearing by issuing the writ, resumed
the stand and stood there waiting for ques-
| tons
Service of the writ as returned from
Judge Martin. was accepted by Frank B.
s'tockey counsel for Magistrate watson.
ROTAN ASKS CONTINUANCE
Immediately after the arrival Of all Of
the attorneys in the Magistrates court from
! Judge Martins Court District Attorney
/ ROtan rose and asked that he be given a
| few days to go over the evidence collected
| by Mr. Scott and the others working with
| him against Maloney. At this point Mr..
| Scott objected to the postponement. Scott
said he desired TO tell his story of the evil
dence ne had gathered and asked permis-
| sion TO read the statements he had taken
| from his various witnesses.
District Attorney Rotan made such a
| strenuous defense of his right to go over
| this evidence that Mr.. Scott did not press
| the court for a decision.
Scott then said he would call his wit
| nesses to the front, one at time and turn
| over their statements. The first person
called was Mrs. Boltman. Who she is
or what her connection with the case is
| was not revealed.
| He produced a telegram from Maloney
| to Jacob Schick and a statement by Schic<.
| He then called Herbert Simons, who. he
said, worked for the Val O'Farrel Detec-
tive Agency until IL o'clock today.
| Handing Mr.. Rotan several typewritten
| sheets, Mr. Scott said
| This Is his sworn statement charging
! Maloney with, the crime"
At the very beginning of this procedure
Of turning over sworn Statements Mr..
| Rotan stated to the Magistrate that he was
| turning over every copy to the official
stenographer i'm order that there would be
4 an official record Of everything that he re-
ceived from Mr.. Scott
CHARGES PLOT TO KILL
He next called Elwood r. Flack, also a
Maloney detective. and John NJ. Davis,
Davis, is also a Val OFarrell detective
When he called Davis, Scott gave Mr..
Rotan a statement which he said was that
Of Davis. Scott said in 1t Davis charged
that Maloney had instructed him with other
detectives of the agency to kill labor
leader named Cronin He referred to James
G. Cronin, former president of the Central
Labor Union and now president Of the
holders Union.
Mr.. Scott also gave Mr.. Rotan blotter
| fror,, the HouSe AT tha nela yva re-