Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-05

...'...1uiInn moved that Mayor
. -.o'iIrod 70 taiso the witness stand
'''' ...',fsr the true and original"
~. rr}fth ward conditions made by
ranlatn Of Detectives Alfred l.
1.[ ne 1iayort own personal investlga-
before the election In which Eppley
.... lo get this report. which Is expected
..I.aI that the Mayor was officially in
.|...sd o. the thugsery, have been in vain.
IIton Mr. oordons motion, James Scar
~ bf the Mayors counsel interposed, de-
.||h|ng to allow the Mayor to obey the
.nnmons
M. Gordon insisted that the Mayor abide
~ the subpoena which was issued by the
Court yesterday, ordering the original re-
port 70 be produced.
Il ask that the Mayor. Thomas b. Smith,
take the stand in accordance with the sub
roeua issued by the Court" he said
Former Judge Abraham NJ. Better, OF
the defense. said that the Mayor could not
be called upon TO testify for the Com
monwealth in a case where he himself was
q codefendant.
rs 1t your defense" asked President
Judge Charles l.. Brown, that production
OF these reports may incriminate the
Mayor
'No, indeed" answered Judge Beitler.
Judge Gordon then cited several decisions
OF former United States Supreme Court
Justice Charles Evans Hughes OF similar
cases.
Mr.. Beitler stated that the District At
torney had copies OF the report and that
he took the responsibility for the Mayors
refusal
1--WE don't want copies" replied Gordon
I'VE want the original
Then. addressing the Court, he said
''Your Honor, sitting here as Justice OF
the peace. has no power to commit this re-
calcitrant witness, but l ask that ne DO
bound over for contempt Of court"
Judge Brown assented, instructing the
clerk of the court 10 make out petition
TO the Superior Court to order the Mayor
before the Grand Jury for indictment on
the contempt charge. The Mayor was not
adjudged guilty by Judge Brown, as hrst
reported. this question being reserved LOT
higher court
been frequently mentioned in the testimony
and who witnessed the receipt by Samuel
G. Maloney OF the $1,000 bill-alleged
murder money" for the Frog Hollow
gunmen-was the first witness. Persch, a
Ware follower, was decidedly nervous under
the grilling that he received. He admitted
TO Gordon that he knew little or nothing
about the sixty-three warrants issued py
him for election day arrests OF carey lol-
lowers and election officials.
Gordon showed Persch forty-five OF the
warrants The Ware magistrate admitted
that they had been made out by persons
he did not know with the exception OF u
few of the warrants, but that he had signed
them. Persch said the affidavits had all
been sworn out before Constable Eddie
Abrams who is attached to the office OF
Magistrate Harry lmber, another ware tol-
lower
Most of the affidavits were turned over
to Abrams the testimony showed. Persch
.could not remember whether MAX
Deutsch, brother Of Isaac Deutsch, got any
Of the warrant. wirtschafter got some
he said.
The forty-nve Carey men arrested on the
morniOg of election day were kept in jail
until the following day, when they were
discharged
Magistrate Persch denied that any of the
warrants were issued in blank. His mem
ory also was bad when he was asked VINO
had paid for them.
Persch corroborated the testimony given
by sam" Maloney concerning the $1,000
banknote alleged to be the murder money
for the gunmen die said he saw Maloney
receive it. and that Maloney had turned it
over TO him to keep for him. 1t was depos-
tied by Persch in the safe at the German
American Title and Trust Company. He
later withdrew it at the request of Maloney,
and after an automobile trip to Maloney's
house, mailed it to Maloney by special de-
livery.
A man named Hardy, he said was pres
ent at the conference in Maloney's house
and heard Maloney ask that it be mailed to
him the first thing in the morning.
PERsCH UNDERGoES GRILL1NG
In cross-examlnation Persch said he found
District Attorneys Detective Joseph Nc
Claim in front Of the German-Amerlcan
Trust Company Building when he arrived
there the morning following his Interview
at Maloneys house. He said McClain saw
him mail the envelope containing the $1,000
bill at Broad and Arch streets
Mr.. Gordon. questioning Persch again
attempted to draw from him an admission
that he had seen Isaac Deutsch go to Ma
1oneys office Just before election day, as
testified by Maloney. He asked def
nitely If he had sat in Maloneys private
office with Deutsch few days before cleo
tion, when MRloney came In. He declared
that he did not know the bill was coming
20 Maloney's office, although Maloney tes.
tined that he and Persch had talked about
''pay for the gunmen."
Morris Cohen. son Of Harry Cohen q
hardware merchant, at $50 South street
almost across the street from Deutsch1
South street butcheryshop, identified some o
the blackjacl1s taken from gunner, follow
ing their arrest on the day Of the murder
He said they were bought the day before
the murder, at p. M, by two men, whC
were tall broad-shouldered and good-look
ing. He said they looked like Amer
leans"
One of the now-famous "Deutsch hats
was injected into the case when Mr.. Gordon
showed one to the witness and II remained
the bar of the court beside the witnes
stand during the remainder of the morning
., The witness was asked II the men wht
bought the blackjacks had on such hats
spechled cloth fedora.
The young man said the men bough
eighteen blackjacks for $13. They bough
twelve at 75 cents each, four at SO cent
each and two at 81 each. He said he CAV
the weapons to the men in a pasteboar
box. One of the gunner, in his confession
said the lacks" were brought to them 4
independence Square I'm pasteboard box
He positively identified one which ha
had the weight beaten out OF 1t In the a
tack on either Carey or Maurer. and whic
was found In De LRncey street after tn
murder. He was shown auother whic
he said he did not sell. Mr.. Gordon said h
wanted record made of his failure TO ider
tify this weapon. He was not positive In hi
ldentihcation of the handle OF a blackjac
which was found on the steps OF a houE
near the Finletter Club soon after the a
tack on the club the night before election
He said he thought this was the handle {
one Of the weapons he sold, but was n,
positive
His father. Harry Cohen, corroborate
his Statements.
McNIcHoL TOO ILL TO TESTIFY
u ,,,itf ha i,ao,,,. ttv,o - ,,o.stt,f., 49,.