Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-04
POLICE BUREAU
ON TRIAL. "---R0TAN
"Discredited," Says District
Attorney as Wares Lose
Fight to Get Maloney
DENIES KIDNAPPING TALE

second counter-attack by the Ware
Smith administration police to get possess
sion of Samuel O. Maloney, procurer o,
"strong-arm" men and "star" witness In the
Bloody Fifth" Ward murder conspiracy
hearing, was made today
1t was repulsed by the Commonwealth.
In blocking the effort by the Department
Of Public Safety, District Attorney Rotan
declared that "the police bureau is discred-
tied and on trial from top to bottom"
He branded as untrue the story that Con-
Eressman John r. X. Scott. a Ware leader,
told of the kidnapping" Of Maloney. ..
Maloney, former harbormaster and boss
of the "Bloody Fifth" and manager OF the
Philadelphia bureau Of the Val Farrell
Detective Agency, win remain for the pres
ent I'm the custody of the Commonwealth
and the independent prosecution. for whom
he has given testimony naming State Sena-
tor Edwin H. Ware and Congressman Will
lam s. Ware as "men higher up" in the
plot to defeat the McNichol-Carey faction
In the Fifth Ward.
COURT REFUSES SCOTT'S PLEA
Judge J. Willis Martin, sitting in the
miscellaneous branch Of the Court Of Quar-
ter Session, today refused the second APP
plication of Congressman Scott for revoCa-
ton Of the writ Of habeas corpus whereby
Maloney is immune from Department Of
Public Safety warrant accusing him of
murder conspiracy He continued Maloney
in the custody of former Judge James Gay
Gordon, attorney for the prosecution, until
next Monday morning, when argument on
the original writ OF habeas corpus will be
heard. Bail was fixed at $4,000 to insure
Maloney's appearance at that time.
Frank Reilly, a saloonkeeper, of S17 Race
street, entered bail for Maloney. He gave
the properties at 3i4, $40 and 3lS North
Nineteenth street as security. They are
valued at $4,000, subject to an lncumb-
rance OF $500
Charges that District Attorney Rotan had
kidnapped" Maoney were made at the
hearing by Congressman Scott who said
that he represented the Department OF Pub
lie Safety. He demanded that Msloney
be turned over to the police to answer the
charges contained in the warrant.
'"As 1 understand it," said Congressman
Scott, Representatives of the District At
torney kidnapped Mr.. Maloney and sealed
him in the District Attorneys office. We
ask for the execution Of the warrant issued
by Magistrate Watson, so that the hear
ing may be conducted before the Magis-
trate in an orderly manner. Mr.. Maloney
already has made a statement to the Dis
trlct Attorney. We respectfully ask that
you rescind your original order granting
permission for Maloney to remain in the
custody OF Judge Gordon"
Mr.. Rotan and Mr.. Scott exchanged
heated words several times Early in the
controversy Scott wanted to know il the
defendant was present, and when he was
told he was not remarked: The District
Attorney always makes me bring my de-
PENDANTS in
Mr.. Rotan, in substance. called Mr.. Scott
a liar when Scott finished rehearsng the
story Of Maloney's arrest. Scott asserted
that MalOney had been arrested at Ma
loneys office by City Hall Detectives Far
rell and Hodge and was then taken from
them by Mr. Gordon and McCain and
Young. two detectives of the District Attor-
neys office. The facts WERE Rotan said,
that Farrell and Hodge did not have
warrant and that Maloney was not actually
served until Maloney had been taken to the
District Attorneys office. Scott termed the
taking of Maloney by Rotan's detectives as
kidnapping" Rotan declared to Scott:
You have no standing here" And Scott
flung back:
"I'll show you whether I have any stand
ing here. We will net permit this man
Maloney to continue to travel the streets
a free man; we will not allow him to
escape 'unwhpped for the crime he has
confessed"
Rotan, in his answer declared:
THE police have nothing more to do with
Maloney. He is In my charge. am not
going to allow you to ride roughshod here
when you represent a discredited police de.
partnent which Is on trial from top to bot
tom. We will present Maloney before Mag
istrate Watson when our case before Judge
Brown Ia complete. But am not going TO
let Maloney 80 before Magistrate Watson at
this time while a great fraction Of the
Police Department is under arrest. and
while they are attempting to intlmidate
this man Maloney."
Mr.. DAILY, as Maloney's attorney. said he
was willing to have Maloney enter bail,
but said he considered Rotan possessed a
right rlgher than that Of Maloney him
self Scott, the Police Department or any
one else and that he and Maloney Welded
to Rotan.