Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-29
MAYORS FIGHT FOR FREEDOM !
HEARD TODAY IN COITRT

TINS @ afternoon Mayor Smith was absent,
The policeman and Isaac Deutsch were aiso
absent "''' "iSo
Registration Commissioner william
Sarr' chiet OF counsel for William T. Fin
ICY, opened the session with the assertion
that nothing In the law sanctions the trial
Of an innocent man--that Il is ensv 10
charge a man with a crime hut NOT easv
TO cause him to be tried
lie said the writ Of habeas corpus. such
as as mat on which he was arguing, was for
the protection OF any accused man and that
It required the Commonwealth TO prove the
charge.
CARR's ARGUMENT
No evidence was produced to show that
Mr.. Finley ever spoke to any on1cial of
the city or to any police officer with re-
saru 10 the Firth Ward primary election
event. Mr. Carr said:
The only testimony, he declared that rom
meets Mr.. Finley with the case was in a few
lines of testimony by Samuel @. Malonev
He said that Maloney testified thai two da
before the primary election Deutsch c,me
10 MN for the engagement OF men TO be
used in the Fifth Ward election. He said
Maloney testified that he might be able Ia
get them from New York for Mr.. Deutsch.
But that II he did, they must not be nut TO
an unlawful use
carr said that Maloney testified further
that he sent for them, and after the thugs
office
gresham Ware and there the following con-
versation took place:
Maioney asked Congressman Ware II he
Nouiu pc responsible for the order which
was left at his office for eighteen men.
MT Sarr said this was in the presence of
MT tlnley and that Maloney's testimony
was further to the effect that Congressman
| ware told Maloney that Deutsch had plenty
| or money TO pay all bills and there was no
| doubt that he would pay them. The attor-
hey sald Maloney claimed on the witness
stand that Finley followed him to the cor
! ridor from Congressman Vare's office and
| toId MN there that he need not worry
ABOUT money, that Deutsch had lots of IT,
, Al thls point Mr.. Carr argued that Ma
| !oney ana tlnley were then discussing de-
! teCtiNes ana not gunner that nothing was
salu IN their conversation to show there
| was 10 be misuse made of the men TO be
sent into the Fifth Ward
The charge Of conspiracy against Finley
| has utterly failed, declared Carr. in con-
| CIuulng MS argument. He eulogized Mr.
| FINLEY as man whom Philadelphia loves
| and as a man of great achievements.
| Inc commonwealth" he said "unsuc-
| cesstuIly attempted to prove that Mr. Fin
| ley was the man who went to a bank
and obtained $1,000 bill for money in
other denominations and the evidence
| shows clearly that Mr.. Finley's connection
| with this case is just as slight as Judge
| Gordon expressed it in summing up the
commemorative case before Judge Brown" e"
GORDON INTERRUPTS CARR
Judge Gordon, who was sitting inside of
the railing, interrupted Mr.. Carr by stating
he did not say that Mr.. Fnley's connection
with the case was slight but had said there
was less moral guilt against Finley than
against all of the other defendants.
Ihere isn't any question of Mr.. Finley's
innocence" said Mr. Carr he sat down
nnN WtpN
Taulane began argument for the Common.
wealth. He was interrupted by Judge Mar.
tin, who asked:
with whom does the Commonwealth
chlrge these defendants consplred?"
with all those charged with the crime. >
Mayor Smith, his son, and secretary ant
brother Joseph Smith, entered the court
room as Mr.. Taulane began to define the
laws of Pennsylvania dealing with con.
spiracy.
These defendants" said Mr.. Taulane
were arrested on a legal warrant and latel
held by a magistrate who heard the evi
dence. The only feature for the considera
tion of this court is to decide whether thes,
defendants had anything to do with tn,
crime they are charged with, and not tn,
| accuracy of the testimony given by wit
nesses at their hearing
THE other side has overlooked in thei
arguments the main and principal charge
| conspiracy"
Mr.. Tauane then referred the court tC
numerous conspiracy cases tried in Penn
sylvana, in different parts of the countr,
and also in the courts of Great Britain. II,
| pointed out how judges In England as wei
| as in this country have ruled again anC
again that all persons in n conspiracy wer
lust as guilty as the person who actually
commits the crime or brought about th
death of one against whom a conspirac!
had been formed.
, EVIDENCE OF CONSPIRACY
: Mr. Taulane asserted that the testimon
showed that Carey was TO be defeated b.
: the Administration going the limit Thi
! showed the conspiracy he asserted an
' that punishment should be meted out t
| those guilty because the law puts the re
: sponsibility upon those who Joined tn
q original conspiracy He reviewed the pur
poses of the Shern act and followed this b
r reading from it and the State Constitutio
on the duties Of the Mayor. He commente
upon the transfer of special policemen int
z the Third District and asserted that tn
Mayor was very much interested last winte
l in the passage of the Salus transit bill
$ that the Mayor had caused this bill to b
' introduced in the Legislature, and tina
4 Isadore Stern was supposed to have In
Cured the dislike of Mayor Smith throug
e something he did in connection with thi
: bill.
I Following this, he said the testimon
n showed that Carey went to Mayor Smit
: and asked his support OF his candidacy fo
n Select Council before filing his nominatio
papers When he appeared there, the Mayo
refused that support, Mr. Taulane said III
e testimony showed.
Mr.. Taulane then asked the court wha
1 need there was for Carey TO ask the Mayo
g for his support unless IL was because ii
: Mayor could help him through his office. ii
/, city officeholders in the ward and throug
the police.
e Mr. Taulane then said the Mayor ha
r told Carey he was against MN becauS
Y, he had caused Sterns's election TO the Lei
l. islature, that he disapproved of what Ster
% did at Harrisburg and that there shouldn
d be men of his kind in the Legislature.
h Mr. Beiter's definition of going II
,r limit" was taken up by Mr.. Taulane
c this point -
An officeholdGr, he said, undoubtedl