Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-18
ROTAN BALKS WARES; SCOTT SEARS
MALONEY WHEN COURT BARS HIM

~ the Firth Ward. had plenty OF money.
Ware said he came to Philadelphia on Sep
ttmber is. the day before election day,
and was seated In his brothers private Of
Zee when the Office boy announced Maloney.
lie said Maloney came In and said. 81
nm taking some detectives TO the Fifth
Ward tomorrow aud / want TO know about
) their pay"
Congressman Ware said he replied to
Maioney that he had been busy with his
"Washiagton work" and knew nothing
about Fifth Ward politics or ths politics
OF any o,her ward.
He declared he told Maloney that so far
as paying was concerned, there would be
no finances" for tie Fifth Ward before
election day. nor after election day.
Scott then read from Maloneys testimony
relative to what Maloney said Congress-
man Ware had told him about Deutsch haV-
Ing "pienty OF money" Mr.. DAILY objected
on the ground that the question was not
material to proving the conspiracy charge
against Maloney before Magistrate Watson
watson overruled the objection.
Mr.. Daiy then asked Magistrate Watson
n Il Was his purpose to allow Mr.. Scott to
produce witnesses TO give extensive evi-
dence, and II u were watsons intention to
''aIlow witnesses to exploit themselves" i"
Magistrate Watson said 1t was not his
purpose to do that
RoTAN SPRINGS COUP
At this point the District Attorneys coup
was sprung the Judge"
court attendant OF Judge Martins court
entered Central Station and, after elbowing
his way through the crowd. approached
Magistrate Watson and served the restrain
ing order on him pending the outcome of
the mandamus argument.
Lightning-l!ke action the part of the
District Attorney was responsible for the
quick termination Of the hearing. Judge
Martin had been asked fer the restraining
order by a representative of the District
Attorney Immediately after Judge" Wat
son ignored Mr.. Rotan's protest against
Scott masqueradrg as representative of the
police.
Immediately after the hearing in
terrupted result Of the mandamus
proceedings Instituted before Judge Martin,
there was 4 race of counsel for Judge
Martins court There District Attorney
Rotan ard h 8 associates were Joined by
former Judge James Gay Gordon. who
represen d the prosecution III the murder
conspiracy charges against Mayor Smith
and his codecendants heard before Judge
Brown.
Assistan, District Attorney Tauane
z argued before Judge Martin on behalf Of
the Commo lwealth why a peremptory
mandamus should be issued against Mags-
trste Watson restraining him from con-
ductinG the hearing Of Maoney before him
(Watson).
Mr. Taulane based his argument for a
peremptory mandamus on the ground that
Magistrate Watson had ignored the Dis
Z. trict Attorney Of this county in the prose
cution of Mai0ncy IL was one of the
ablest ard most complete arguments heard
befo"e II ~ dalphia c 'urt FOR years.
"Your Honor" he said, I'VE ask this
court to issue a peremptOry mandamus
against Magistrate Thomas +, Watson, a
magistrate sitting in Central Station re-
straining him from rendering any decision
or conducting the hearing Of Samuel q.
Maoney, who Is under arrest on the charge
of conspiracy to commit assault and battery
and murder. Maloney was arraigned be-
fore Magistrate Watson today and the
magistrate ruled that as matter Of law
the prOsecuti IN would be represented by
private counsel
I'm a case of this kind the prosecutor
for the Commonwealth has the sole right
TO take charge Of the prosecution. Magls-
trate Watson ignored the District Attorney
and permitted this case to continue before
him without the District Attorneys office
being represented"
DISTRICT ATTORNEYS DUTY
1.-THE main aud pri"c pal question" Nj,
Tau,ane continued lis not only the right
but the bounden duty of the District At
10 cy - V a"utlrn in every
case in which the Commonwealth is con-
cerned to the exclusion of any one else
Mr.. Taulare quoted the law creating the
Office of District Attorney and the present
Constitution OF the State, which recognizes
the DIST e. 't' ncy a. "a constitutional Of
1cer. He also quoted an opinion handed
down by Judge SulzberEer. requiring that
the District Attorney be represented al
every coroner's hearing and placing entire
responsibility 10" prosecution i'm Crimna
cases upon the District Attorney.
MIR, Taulane argument was principally
based on various citations from court deCi-
sions. 1t had to do with proving that
Magistrate a,s0n's court is a court under
the law of Pennsylvania and that the
various decisions he cited showing that the
District Attorneys Office must be repre-
Eented in any prosecution, apply to
WatsOns court.
One of the authorities cited was Judge
Biddle in the case Of the Commonwealth
against Peterson. I'm which Judge Biddle
ruled that he would hear no case when
the Commonwealth was not represented by
It's proper officers The argument i'm this
case had been as to whether the District
Attorney should prosecute Peterson.
From another authority he quoted that
the office of the District Attorney is one OF
public trust From another he quoted that
private counsel could act in the prosecu-
tion only in subserviency to the will and
wish of the District Attorney.
In another citation, from a decision OF
the Supreme Court of Pennsylvania, he
showed that the District Attorney in Scran-
ton had been forced 10 prosecute all Grim
insl prosecutions in his county" This de-
cision of the Supreme Court had been made
under the act of 1850,
Mr.. Taulane called attention to the fact
that the opposing counsel would likely raise
sons court could he interpreted as being
such court was referred to in his vari-
Gus citations. He argued that magistrates
courts and justices courts are among the
Oldest In Pennsylvania, that they are re-
ferred TO as courts in the law creating them
20 take the place of the old aldermaniC
courts
Before concluding his argument Mr
Tauane cited numerous cases Throughout
the country where District Attorneys wert
compelled to apply to higher courts fol
mandamuses restraining lower courts from
passing judgment
1t rs rather unusual.s salG Mr.. Taulane
''for District Attorney to apply to cour
TO ask for authority to proceed in a cast
I'm which the Commonwealth Is interested
But unfortunately have been compelled
20 do so and tc institute these extraordinar!
proceedings"
Mr. Taulane nearing the conclusion o
his address, which lasted an hour and fivt
minutes. argued on the powers OF the Dis
trict Attorney He declared that th
statutes do not compel District Attorne!
20 do many things which he does In tn
course of looking after the interests o
the Commonwealth reDlVinR to Wha