Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-12-18
Victim of Fifth Ward Election
Assault Testifies in Muir
der Trial
BEATEN BY T H U G. s
Swears Defendant Forced Him to
Lie Down at Point of
Revolver
The bill Of Indictment against
Mayor Smith. accusing him Of con-
tempt of court and other charges
growing out of the Bloody Fifth"
Ward murder. was sent TO the
Grand Jury this afternoon by the
District Attorneys office.

The trial Of Vincent Seueg ia alias
Jacob Butch" Mascia. New York gun
man. who IL accused Of the murder of
Acting Detective George 4. Epplev on
primary election day In the Fifth w ird,
actually began at ii1 o'clock today.
when Mercantile Appraiser James y
Carey was called as the first witness
before Judge Carr and "A jury in the
Court OF oyer and Terminer
After exhaustlng ffty.seven' Of the
panel OF the sixty jurors shortly before
the Court recessed for lunch. the jury
was finally completed The four jurors
picked today were No. 9, Carl Burger.
musician. 1913 North Twenty-eiEhth
street: No. 10. Fred Fallows, iapanner
$50 North Forty.fourth street; No H..
william Murphy heating contractor,
1929 South Broad street, and James
Culniugham clerk. .2659 stanton street
After the iurvneh had taken their
seats Assistant District Attorney Joseph
H. Taulane addressed them for about
twenty minutes
we will show that when Sgueslla
wa. captured at sixth and Spruce
streets" Mr.. Taulano said. the revolver
ha carried was still hot that it is Of the
same calibre as the bullet that killed
Eppley"
After Mr.. Tauane concluded his ad-
dress the court recessed for lunch,
Select Councilman James a. Carey,
whose fight for leadership Of the ward
preciDitated the long train of events
that followed and to save whom Eppley
lost his life. was one of the chief wit
nesSes at the trial, as he had been at
the hearing of Mayor Smith and others
accused of conspiracy In connection with
the murder
A new angle came out when he de.
scribed the assault AT sixth and De Ian.
cey streets one of the thugs he de
Ilared. seized him by the leg as he lay
Semiconscous. and holding 1t mp beat /
with a blackjack in an eudeavor tC
break il. He told how he and Assistant
District Attorney Maurer were beater
aud how Mascia forced him to lie dowr
at the point of revolver and how 9
negro policeman had rushed up and safe
20 Mascia you go ahead II take care
or him IN lock him up referring e
Carey.
CAREY DENIES HE'S BOSS"
Under cross-examination william G
Kier. Of New York, attorney for Mascia
asked Carey whether or not Mascii
could have killed him and Carey replied
YES, hut he didn't shoot" He eN
planned that there was no friendship be
tween him and the negro who interferet
and declare that some one in the Crowt
had pulled him out and had him sent 4
the hospital, II was surprised when tn
colored man failed to arrest Mascia," h
said.
Aren't YOU boss Of the ward?" Kie
asked
NO. only the political leader"
; Carey added that one of the gunme
who attacked him had gold teeth. "bu
| haven't seen him since Thus indicat
ing that the gunman was one of thos
who escaped,
John Eppley, of SIG Merton stree
was called and testified that the dea
man was his brother lie was followe
by CoToner's Physician DR.. William /
Wadsworth, who described the nature G
the wound and the direction the bulle
took.
Carey was then recalled by Kier, wh
sought to have him tell whether the lat
Senator McNichol hadn't promised I
send "pck-ax" men into the district I
. aid Carey. but the question was rule
out by Judge Carr on the objection {
Mr.. Taulane.
Mrs. Emma Griffiths, the negress.
630 Cypress street who was one of Il
F., principal witnesses TO the shooting, va
= called and described the shooting 81
= declared that she had run through q
alley to ask Mr.. Carey for some money
= and thus happened to be on the scene,
Policeman Leo, of the Thirty-ff,
:. District, described the assault of Care
and Maurer and the capture of Costel
!, and Mascia, following the shooting
n Eppley. who. with Policemen lie
a Grover and Eisleman, had gone to Il
q rescue.