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

4
ION that this court vs. without Jurisdiction
| TO hear this cause or to determine what Is
termed, believe, an investigation in these
| proceedings, they have no reply TO the ad-
uress made TO the court at this time"
RoTAN's OFFICIAL PLEA
District Attorney Rotan arose TO Join in
Mr. Gordon's motion that the defendants
be held for trial as charged. declaring that
he had never heard a conspiracy case so
completely proved
May It please the court" he said, "the
law in this case has been so thoroughly
gone over by Judge Gordon that 1t seems
to me II Is hardly necessary to touch upon
that The law is so well settled that the
act OF conspirator in the line of a con-
spiracy binds others. and is so well known
that l think we must all agree In regard
to that.
"As to whether there was a conspiracy
established or not. your Honor has been
sitting here for over one week listening to
the testimony of over one hundred wit
nesses
81 have no hesitancy In saying that 1 have
never heard conspiracy well proven,
so completely proven, as In this case.
Witnesses in favor of the Administration
and witnesses against the Administration i'm
a political way have come here to the wit
ness box and faced the officials of the city,
and after you go over the testimony Of all
Of those witnesses, whether favorable 20
one faction or favorable to another, there
really has not been one bit of evidence
which is important in any way which diff
fered from the thread Of the story through
out this entire case.
"I ask in this case that the six men who
were arrested at the instance of the Dis
trict Attorneys office should be held
should be held for the charges they were
charged with in the warrants when the affi-
davit was made. And the only evidence in
regard to these men is whether there is evil
deucR aRqfngt fhaD1 m rd In COngniraCV
1t seems hardly necessary again to go into
that. In regard to Mr.. Finley, he was seen
before the men were brought in from New
York. According 20 the testimony Of Ma
loney and his evidence, there is sufficient
to make out a prima facie case. He paid
the money afterward for the payment of
the men after the work was done, to these
imported gunmen or thugs, whatever they
may be- who were brought from New York
'In regard to the other officers. there are
innumerable witnesses in regard to their
thuggery, in regard to their actions when
they beat up the men at the Finletter Club
at the time of the election, and upon the
streets on election day and a day or two
prior to that.
THE evidence more than makes out a
prima facie case in regard to them.
"I only want to say to your Honor that
II seems to that now Is opportunity
for the Judges of this country and for the
Juries of this county to establish and to
make known TO the people here and to the
people of this country that for all time the
police shall be out Of politics, and that II
man will be able to 60 to the polls and vote
as he sees it and at all times be safe upon
the streets of the city of Philadelphia. And,
Furthermore, that man with badge OF
authority and gun and n blackjack must
keep out OF politics, and that his one func-
tion is to see, that the streets and the prop
erty belonging to the people are safe.
Il ask that these men be bound over for
the November term of court"
JUDGE HOLDS DEFENDANT
Judge Brown assented to the Joint mo-
ton to hold the defendants for trial.
II will hold all of these defendants for
the charges made out against them" he
said
First, I will hold Thomas B. Smith,
the Mayor OF the city Of Philadelphia. for
the next term of the Grand Jury, upon the
offense described in the Constitution, mis-
behavior in off ce.
II will also hold him for the same term
of the Grand Jury upon the charge of con-
tempt of court and failure to produce the
records of his office.
81 will also hold him upon these other
charges of conspiring and being, as Judge
Gordon 80 properly said the chief and
primal factor In this great disgrace that
this country has been obliged to witness
and Tor which personally feel ashamed
of my city.
81 win hold him for aggravated assault
| and battery and for the other offenses which
| led up to the commission of murder.
Il will hold him in the same bail that he
is now held in. but require him to enter
| responsible security.
Il will hold the other defendants upon
| the charges upon which they were arrested
and on which there has been sufficient
evidence produced here to enable them to
| be held for the next term of the Grand
| Jury the same day.
Il will hold Isaac Deutsch, Lieutenant
Bennett-or whatever his name may bC--
| In S1O,0 900 bail.
| "I entirely agree with Judge Gordon
| and the feeling expressed by the District
| Attorney, with reference to Mr.. Finley, and
l regret that l include him in this, for the
| action of the Grand Jury at the next ses-
| sion. Let him enter the same amount OF
bail that he is now held in.
| 81 hold those five officers in the sum of
| $4,000 bail for the next term of the Grand
| Jury"
MORE "HIGHER-UPs" TO COME
! EX-Judge Gordon announced that from
| now on the case would be conducted by
| District Attorney Rotan, but he added that
he would assist Rotan in every way he
| could He intimated that when the case
goes before the Grand Jury other high Off
cials" who are not at present defendants
may be indicted.
Bail for william f. Finley, Isaac Deutsch
and Lieutenant Bennett was fixed at S1O,.
900, and that for Policemen Wrtschafter
Murphy. Uram, Feldsnan and Hayden, the
negro at $4,000.
Michael ], Sullivan, who hired the gun
| men in New York, was arraigned before
Judge Brown at the conclusion of the hear
ing and was held for a further hearing.
Bail was fixed at $4,000. No date was set
for hearing.
As soon as Mayor Smith and the other
defendants had been bound over to tho
Grand Jury, James Scarlet, ex-Judge Abra-
ham M. Beitler, Colonel Sheldon Potter and
William Connor, OF counsel for the defense
rushed to the Office OF Congressman John
r. X. Scott In the Lincoln Building where
they held long conference.
MAYOR WONT SAY A WORD"
A representative OF the EVENING LEDGE
informed Mayor Smith that anY statement
he may care to make would ne publishe,
In fun in this paper.
II won't say a word at this time" re
piled the Mayor
Mr., Scarlet attorney for ths Mayor. an
nounced that no ball would be furnishe,
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