Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-11-02
5TH WARD HEARING
AGAIN POSTPONED
Habeas Corpus Proceedings
Go Over Until After Tues
days Elections
WILL BE A QUIET AFFAIR

Hearing Of the habeas corpus pleas Of
Lieutenant Bennett. Isaac Deutch and FIVE
other defendants in the Fifth Ward murder
conspiracy cases was postponed until next
Wednesday by Judge J. Willis Martin in
Quarter Sessions Court today at the re.
quest Of William T. Connor, OF the office OF
John X. X. Scott counsel for the defend.
ants.
Connor said he had been so busy, work
ing day and night, on the Town Meeting
party ballot cases that he had been unable
to prepare his brief and showing in the
habeas corpus matter. Assistant District
Attorney Taulane offered no objection to
continuance. Judge Martin said he would
he engaged In election court beginning next
Thursday 30 he would continue the hear
ing until next Wednesday at IL o'clock
Connor said he would submit a written
brief rather than argue orally and at
length, and promised to let Taulane read
the brief before It's submission, that he
might prepare to answer II.
This was the second Fifth Ward MUIR
der case TO be postponed, the action of the
defense lending color to the belief that the
Nare-Smith Organization Is anxious to see
a check on the publicity given the murder
and thuggery.
After the postponement was ordered the
bail OF all was renewed. The bail of Ben
nett and Deutsch is $4,000 each; of the
others $4,000 each.
Policeman Wirtschafters wife was in
court.
Seven OF the men accused Of murder con-
spiracy were represented, They are Isaac
Deutsch. defeated Fifth Ward candidate for
Select Councilman police Lieutenant David
Bennett, and Policemen wirtschafter, Muir
ply, Feldman, Tram and Hayden, a negro
Similar charges against their more proTni-
nent codefendants-Mayor Smith and Select
Councilman William r. Finley--were ar
gued in habeas corpus proceedings last
Monday, when the case of the seven was
postponed until today because OF plea by
Connor their counsel that he was too busy.
All Of the defendants. held in heavy bail
for court by Judge Brown, of the criminal
branch of the Municipal Court, seek to
evade the charges by showing in the habeas
corpus proceedings that the hearing was
unconstitutional and that the charges were
not substantiated A decision In the case
he Mayor and Mr.. Finley is expected
within a few days
Mr.. Connor's request for another post
ponement followed closely upon Magistrate
Watsons request for postponement Of the
hearing of the murder conspiracy charges
wealth's principal witness against the Mayor
and his politicIl followers accused with
him Magistrate Watson's request, made
Wednesday, was not opposed by District
Attorney Rotan, who was scheduled to ap-
pear before Watson as Maloney's prose-
cutor.
FIFTH WARD PETITION GRANTED
Judge Davis of the Court of Common
Pleas, today granted a petition by State
Isadore Stern asking for a
court order to compel the County Commits
sioners to surrender the election parapher-
MALTA to George Flynn, election judge in
the first division, and John Ellis. a negro.
election judge in the sixteenth division of
the Bloody Fifth" Ward.
Both these men were ousted on primary
election day and supplanted by judges
chosen by followers of Isaac Deutsch In |
'curbstone" elections, Flynn was elected |
IN a fight, while Ellis was arrested and |
ater released by the police Immediately |
after the killing of Policeman Eppley by |
he Frog Hollow" gunmen, near the six !
eenth division polling place.
In making his decision Judge Davis re-
Ouked sharply for "butting in"
Don't be so impetuous, Mr.. stern" he |
said. II am not accustomed to that and |
will not stand for it,"
He also reprimanded Ellis for interrupt |
ng County Commissioner Kuenzel, who was |
,alled to the courtroom to explain that the |
County Commissioners had retained pos |
session of the paraphernalia because of |
loubt as to whom 1t should be delivered, |
the "curbstone" elections
Judge Davis then took up vacancies |
among election officials for Tuesdays cleo |
ion, filling the places of men removed by |
ieath or military service, The Republican |
,ity committee. through its counsel ]. Lee |
n no lad
,y the Town Meeting party, which, In ad- |
lition to choosing its own overseers in sew |
,ral cases nominated Republicans and DEM
,crats to I'LL the second place designated |
1y law Mr.. Patton said that the Repub- |
lean party would name its own overseers. |