Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-11
OTHERS MERE AGENTS"


Brushing aside the other eight men
rs "mere agents" Of the Mayor, Mr.
Gordon laid the responsibility for the
political murder at the door of the
Mayor. Gordon fayed the Mayor for
his "smug hypocrisy" He accused the
Mayor of being the prime malefactor in
the Fifth Ward conspiracy; he laid the
entire criminal guilt at the door of
the city's Chief Executive.
Judge Charles L. Brown, sitting in
the case, holding the Mayor, called him
the chief and primal factor in this
great disgrace" District Attorney
hotan told the court he had never wit
messed clearer case of conspiracy
proved.
Joining in the prosecutions demand
that the accused city employees be held
District Attorney Rotan pronounced
the opportunity golden for Judges and
5uries to force the police out of politics.
Viewing the nine defendants, Mr..
Gordon then declared each one of them
Is responsible for the crime as prin-
cipals and as agents. He cited the law.
He said:
An persons who entered into this
conspiracy are responsible for every
thing that followed afterward; and the
same applies to each and every person
who had voice or hand in this case"
THE OTHER DEFENDANTS
Mr.. Gordon paused moment before
sngling the Mayor out Of the line of ac-
Gused men sitting before hlm-Mayor smith.
Executive Director William e. Finley, of
s nepuohcan city committee Ware
,eader; Common Councilman Isaac Deutsch
Nare-Smith foreman" Of the BLOODY
rlrth Police Lieutenant David SteinberE
alias Bennett: Special Policemen John
,WHcscnaIter and Michael Murphy and Po-
hcemen Lewis Feldman, Emanuel JTram
ana Clarence Hayden negro. The charges
against them grow out of the killing of
Acting Detective George A. Eppley by i'm
ported New York gunmen and other blood
shed In the Bloody Fifth" Ward primary
election.
POINTS FINGER AT MAYOR
Dramatically Judge Gordon pointed his
finger at Mayor Smith and accused him Of
being the prime malefactor of the con-
spiracy Turning away from the Mayor
ana In a voice that could be heard almost
In the corridor, Judge Gordon placed the
entire criminal guilt for the Fifth Ward
murder at the door of Smith.
The crime in this case was cruel and
wicked he said. This conspiracy ended
~ death. There are many ways of trac-
ing his deaf. We may begin at the start
OF the conspiracy or begin from the time
that death occurred.
Il select Thomas B. Smith TO begin with
~ MS door | place the criminal guilt for
this crime. The other defendants were mere
agents. Smith was the prime malefactor
Away back months ago the Mayor was
appealed to and told what his agents were
aoing AZ the end of the last Legislature
senator ware went to the Mayor and said
Vet me go after Carey and the Mayor
Replied, Yes, go ahead, and my Administra-
Zion is behind you
MAYOR TOLD OF ALL CRIME
I'VE have shown that no crime was COM
mltted down there" said Judge Gordon
pointing to the southern part of the city,
of which he wasn't notified and this makes
him partisan in the crime"
Judge Gordon touched upon the Depart
ment Of Public Safety describing how men
were transferred from the Third and De
Lancey streets police station to outlying
districts. and policemen friendly to the
conspirators were put in their places
Looking at the Mayor and again point
ing his finger at him, Judge Gordon said:
He Is really the head of the police de-
4 partment
Look at these other defendants who sit
here in silence Some Of these defendants
were brought from outside police districts
and blackjacks were given free way to
y commit crimes
''The Mayor was begged to act before the
murder was committed. He was begged
with his family before him. he was told
OF the coming crime What did he do? He
asked that all information about it be sup
pressed"
Gordon then launched into a vigorous ar
tack upon what he called the Mayors
'.smug. affected hyprocisy." The court
room--rather empty when court began
~ was crowded by this time by crowds that
began to pour in as soon as Mr. Gordon
began his speech
A complete stenographic report of Mr.
Gordon's speech, made for the EVENING
LEDGER, Is printed in full elsewhere in this
issue
onel Sheldon Potter each made copious notes
on the decisions quoted by Mr.. Gordon and
on all that the chief prosecutor said.
Gordon virtually asked that William e.
Finley be let down easy in the case. There
Is less moral guilt" he said, "in his actions
than in that OF any other defendant" Cor
don said that Finley's connection with the
case Is slight"
f He added that he is receiving no fee for
his services in prosecuting the case.
WANTS MAYOR REMOVED
At the conclusion of the summing up
Judge Gordon demanded that Judge Brown
put IN operation the legal machinery to
remove Mayor Smith from office"
He demanded that the Mayor be bound
over 20 the Grand Jury on charges of mis-
behavior in office, violation OF the Shern
law. contempt OF court, conspiracy to vio-
late the Shern law. assault and battery, ag-
Eravated assault and battery and conspiracy
10 commit murder.
-rhe authorities I read to your Honor,
he said, "show that for omission of 8
LEGAL duty, If a murder occurs. il Is mur
der ask your Honor to bind over thes,
MEN as follows:
y ask you to bind over the defendant
Thomas b. Smith. Mayor Of the City o.
bhiladelphia, for misbehavior in office
The Constitution OF Pennsylvania provides
IS follows.
All offcers shall hold their offices oi
the condition that they shall behave them
selves well while in Office and shall be re
moved on conviction OF misdemeanor Il
once or any other Infamous crime
Preparatory 10 putting the legal ma