Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-05
JUDGE BROWN EXPLAINS
COMMENT ON BENEFITS
ASSUMING AN ALIAS

The hearing of Smith ct al. on charges
of conspiracy to murder, etc, growing out
of the Fifth Ward murder and assaults
during the primary, was resumed at II
a. m. before President Judge Charles L.
Brown. The gist of the fourth days testi-
mony, including verbatim publication OF
the most important evidence, stenographl-
caly reported, follows:
Judge Brown began by announcing that
in questioning Lieutenant Bennett on
Thursday as to why he had changed ms
name, he meant no reflection on the jewish
race nor upon Lieutenant Bennett Mr..
Connor thereupon delivered eulogy OF
Bennett pointing out that he had received
n medal from Congress fer distinguished
service in the first battle Of the war OF
1898 in Cuba. He was In Cuba three days
before the main American army The at
torney also said the lieutenant has other
medals for service in the Philippines.
Mr. Gordon: Whatever was said re-
specting Lieutenant Bennett was Justlhed
by the position of his counsel, who refused
to permit him to state his identity. Il was
your Honor's right to ask what his name
was that we might know who the man was
who was being heard here charged with
this crime. His counsel directed him not
to answer and tell his true name, and what
ever came upon him was the result or his
counsels wrong advice.
what was said about Lieutenant Bennett.
do not know anything about those facts
lsThey may be true My clients and the
men who were abused and brutally beaten
at his instance are honorable men, mar
ried with children, and with clean records,
earned by integrity in this community.
MAY II please your Honor, 1 have the re-
turn of the subpoena to serve
Mr. Connor-It might be interesting to
know who these clients are. We have sub
mitted Lieutenant Bennett
Mr. Gordon ] have the return of the sub
| poena which was served upon the Mayor or
| the city Of Philadelphia. Gentleman, have
| You any answer to it? VIII you produce
| the document?
Mr. Beitler. No
MIR. Gordon I ask that the Mayor Of
| the city Of Philadelphia be sworn in re-
| sponse to this subpoena, or interrogated at
| the bar OF the court.
| Mr. Beitler. If your Honor please, yes
| terday afternoon Mr. Thomas B. Smith
was served with subpoena requiring him
hto appear in this court this morning and
| give evidence on behalf of the Common
wealth
| we have taken the responsibility Of ad-
| vising the Mayor, or the defendant Thomas
| B. Smith here, that under the Constitution
| of PENNSYLVANIA he cannot be required to
! give evidence on behalf of the Common
wealth in a case in which he Is the de-
| fendant
The court Your defense is that the pro-
| duction of these reports might incriminate
him?
Mr.. Beitler. No, sir We do not say any
! thing of the sort.
The Court-what other inference can be
taken from that?
Mr.. Beitler-You can draw any inference
| you please. We furnished the copy of the
1 reports to the District Attorney. The Dis
trict Attorney has those reports. If the
| District Attorney chooses to make use of
! those copies he can. We have a copy, and
we purpose keeping that copy. The treat
| ment that we have had from the Districl
Attorney when we gave one copy to him
makes us quite insistent upon our rights
i to retain the others.
\ Mr.. Gordon-we do not wish copies. We
want the original.
May It please your Honor, I had this sub
poena addressed TO Thomls d. Smith Mayor
of the city of Philadelphia. The man be-
fore you charged with crime Is Thomas B
Smith AS Mayor of the city, any RECORDS
which he has in his possession are not his
property. They are the property OF the
corporation Of the City of Philadelphia ano
must be produced. 1 will read, your Honor
the latest authority upon this question
This case was decided in the United states
Supreme Court in 1911, and the decision
was by Mr. Justice Hughes.
'aThe appellant held the corporate books
subject to the corporate duty II the cor
poration were guilty of misconduct he could
not withhold It's books to save II and II
, | he were implicated in the violations Of law
he could not withhold the books to protect
himself from the effect Of their disclosures
Nor is 1t an answer to say tina
the inquiry before the Grand Jury was no
directed against the corporation itself"
Now in this case the Mayor of the city
received from the Detective Bureau GER
tain corporate papers, detectives reports
They were given to him as Mayor OF tn
city The testimony before your Honor II
that he is Mayor OF the city and now hal
those corporate papers, and this subpo eni
was served TO compel the Mayor Of th
E city 10 deliver In this court the corporate
4 papers Of the city of Philadelphia. asl
that Thomas b. Smith be directed TO STAN
| at the bar OF the court TO respond TO tn
! mandate Of the subpoena.
! Mr.. Beitler. The Mayor declines to Civ
: evidence IN this case
4 Mr.. Gordon Under those circumstances
sitting as a Justice Of the Peace. you hay
/. no power to commit this recaloitrant wit
. ness to prison summarily. II you had
= would ask your Honor to do so.
i The Court And would do so.
Is Mr. Gordon. In the absence OF ths
power l ask your Honor 20 bind him owe
e FOR contempt Of court in refusing 70 ODE
q the mandate OF the subpoena. that he ma
be indicted and tried for such contempt
The Court 1 % direct
= SIR Gordon. Your Honor win make OF
The proper papers later on7 ~
J. Tho Court ! win cqasidfr lhe propriel