Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-08-07
Defense Witness in Fifth
Ward Case Tells Star.
tling Story I
VIM. BURNS IN COURT
Former Val O'Farrell Detec-
tive Gives Damaging Test.
mony-Tells of 'Plot"
By a star C,orrcspordcrt


The. first link in the conspiracy chain
the defense in the Fifth Ward case on
trial hert hopes to forge about Samuel
e., Maloney was made today by James
b. Anderson. a lawyer. and Police Lieu
tenant George Bausewine.
william J. Burns. the detective. was
IN int crowded courtroom as Anderson
and Bausewine testified with Burns
was a man believed to be the Allan Olds
Meyers. whom the defense plans to
tpring" as one Of their trump cards.
Anderson and Lieutenant Rausewine
testified that they met Maloney on the
nlsht or the primary election. Septem-
Der ~, at Broad and Chestnut streets.
feel sorry that poor fellow was
Killed Maloney told them. "Tf 1t had
only been Carey"
Neither Bauswine nor Anderson were
Gross'eXamined by the prosecution.
Damaging testimony against Maloney,
which purposcd TO show that Maloney
engineered the sunmens visit to the
fltth ward. was given by Henry II
SIMON. former Val O'Farrell operative,
who worked under Maloney. Simon is
now Secret Service operative of the
Emergency Fleet Corporation. Simon
testified that he met Maloney in re.
sponse to telephone call on the eve.
Real Estate Trust building
Magistrate Persch and man named
Ihomas B. White were standing with
Maloney. Simon said. Lieutenant Ben
nett came along and shook hands with
Maloney and then went on to CITY Hall
Maloney and Simon went up to Ma
loney's office where Maloney asked
simon to do favor. DO you know
1mn ''arke?' simon testified Maloney
asked nm. He replied that he did.
, You go down in the vicinity of the sta
ton house Third and Delaney streets"
Simon testified Maloney told him,
You II find Clarke somewhere there :,
Malohey continued. Tell him 10 get the
boys together and clean OUT :he Fin
Iettef CUB. Simon testified he met
Mike Sullivan near the station house.
sullivan told him he would find Clarke
at number on Pine street. which is
lhe headquarters Of the Deutsch club
simon testified he didn OF find Sullivan
there. but mot Magistrate Persch. Persch
told him to go back and tell Maleney.
the tlnle'ter club has been cleaned out.
and they have made a clean job of il -
That's fine" Simon testified Maloney
told him when he made his report
Gunmen Did "Fine"
II am the only man who knows how
to handle the Fifth Ward" Maloney con-
tinued. ''rarey has lived by the sword
and by the sword he must die" Sulli.
van brought gang to Maloneys Of
flee about II o'clock. Simon continued d
You did fine. boys" Simon said Maloney
told them. "fo home and get good
nights rest and be on the Job at o'clock
in the morning. After the shooting of
Eppley. Simon said Maloney ordered him
to go down and get the boys out of
town"
The next day Maloney told simon ito
keep his mouth shut" Simon testified
that when he proposed to tell the truth
he was discharged He so testified th' t
he made a sworn statement to District
Attorney Rotan prior to the hearing be-
fore Judge Brown. but It was never
used He was subpenacd for the trial
but not called. While Simon was testi-
fNing Mayor Smith entered the court
room with his counsel. James Scarlet.
Attacks Rotan's Methods
Rotan had Joseph Feldman. one of the
police defendants in the case, discharged
/ from the tnittd States naval reserves as
IAN undesirable" because of his connec-
mony Feldman gave today.
He was the last of the seven defen-
! dants to take the stand. The witness
! denied completely in any conspiracy
and declared that he had taken no ac-
! tive part in the Fifth Ward contest. nor
did he see ANY other officers active po-
! litically." He knew Deutsch and Ben
! nett only by sight prior to his transfer
/ TO the Third District. Feldman. who
appeared to be the calmest of any of the
defendants on the stand. testified that
he has seen service in both the army
and navy.
The witness said he enlisted in thu
naval reserves on December II, las
vePr He asked to make an explanation
Il want it clearly understood sale
Feldman, that | did not enlist to evad'
trial Certain newspapers raised how
and tried to show that ! wanted to dodg'
trial"
Fe'dman testified thPt after he .hat
been in the reserves a month and
half the commanding officer at the IN
stigation of Rotan, ordered him confined
to await trial by the civil authorities
Later he was discharged as an undesir
able.
Assistant District Attorney Taulan
fought hard to keep out the test!mon.
about Feldmans discharge, but Judg
Hause ruled that il was admissible.
Feldman admitted Oh the stand tina
he blackjacked Battling Abe" Cohei
the night rohen's place was raided by
squad of Third District policemen.
abe" Feldman testified, had dropped
Policeman Troyana with kick in tn
groin. Feldman went to the rescue o
Troyana and ABE" rushed at MIN
He felled Abe" with one blow iron
his jack and revolver droppeh iron
"Abe's" hand
Feldman denied he participated in tn
raid on the Finletter Club on the nigh