Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-07-15

| loNu, Was eACuSeu Dy MUTUAL agree
ment of counsel for both sides.
Gray Shifts Strategy
The fight of each of the seven de-
PENDANTS in the conspiracy case to
make separate peremtOry challenges
of veniremen was denied by Judge
Hause this afternoon. Attorney Gray
shifted his plan of strategy after
Evan highley, a mechanic Of Charles
town, was accepted. Gray filed an OBJ
lection to Highley in behalf Of Lieu.
tenant Bennett.
Il desire to exercise the right of
challenge for David Bennett. one of
the defendants on this juror" Mr., Gray
announced.
"On what grounds?" queried the court.
THE right of peremptory challenge
explained Mr.. Gray.
Gray further explained that Highey
was acceptable to the other defendants.
You will have to exercise the right
OF challenge on behalf of all the defend
ants or none" Judge Hause ruled, in
denying the motion.
Continued Challenges Fail
Gray continued his objections on be-
ants besides Bennett against Thomas
Laird the tenth puror selected. Laird
is a mill hand in East Brandywine. The
eleventh puror selected is Harvey Trego,
a farmer, of Honeybrook.
Gray again was refused the right 10
make peremptory challenge on behalf
of Tram. Feldman and Deutsch.
Exceptions were granted by Judge
Hause to each Of Gray's challenges.
z1,, 1Ia.,. rtN,.r hE
lieved to be an effort to lay the founda-
tons for an appeal for new trial
In attempting to get in separate cha'-
lenges he was careful to name all the
seven defendants. selecting that number
of talesmen on which to base his sepa"
rate challenges.
.. Move Again Rotan FoiIed
An attempt by the defense to bar Dis
trict Attorney Rotan and his assistants
from participation in the case failed this
= morning as the trial opened here.
Gray based his argument to have Dis
, trict Attorney Rotan and Assistants
TauIane and Gordan barred on the
: grounds that the cases had been trans
| ferred to Chester County and should be
tried by District Attorney Truman l..
Wade. Of Chester County
Judge Hause overruled Gray's objec-
tion.
) Immediately afterward District Attor
ney Rotan and Assistants Taulane and
Gordon were admitted to the Chester
, County Bar on a motion Of District At
torney Wade.
Gray Fails to Quash Indictment
AS soon as John s. Williams, of
, Schuylkill township. the first venreman,
, was called, Gray started to file a series
of motions. All were refused by Judge
. Hause. who granted exceptions on be-
half of each of the seven defendants.
Gray's first motion was to quash the
indictment and the second to dismiss the
venre. After Judge Hause had over
ruled the motion and granted permission
to file exceptions, Gray filed another mo-
tion to bar District Attorney Rotan and
his assistants. Gray next objected to
the trial of the seven defendants Jointly
on two bills of indictment, arguing that
each bill should be tried separately
Judge Hause. In overruling the mo.
tion. said that the two indictments de-
veloped from the same source, and botr
were misdemeanors.
First Juorr Accepted
After Gray's motions had been over,
ruled the examination of the venremer
was begun.
, Superintendent Of Police James Rob.
!
courtroom. About dozen Philadelphia
detectives were observed scattered
through the No. l courtroom--the larges,
in the courthouse. 80
2 James Tate, former captain of detec
tives in Philadelphia, and Samuel G
Maloney. head of a private detective
agency, were present. Maloney was
$ said to have arranged to import tn.
band of election workers into the Fifth
Ward for the September primary.
The ten gunmen who are to testify
s were brought here this. morning b,
n Sheriff Ortlip and several deputies
e Butch" Mascia and Lefty" Costello
r manacied together, were taken from tn,
: Eastern Penitentary. They have beer
convicted Of second degree murder.
y The other members of the imported
= gang here are Christopher Smith, Vim
=, cenzo Leone. alias Ruggiero Falcone
It Whitley" Burkhardt, Michael Dennehy
Il John Marino, Little Nick" Ritt ant
Jimmy Russo.
r Deutsch and Lieutenant Bennett cam
q out here together. Warden Robert J
y McKenty. of the Eastern Penitentiary
, was sitting in the bar of the cour
" when Judge Hause ascended the bencl
=, at 10 o'clock.
c Carey Sits in Rear OF Deutsch
e James A. Carey, who contested wit
Deutsch for the leadership of the Fiftl
Ward. at the September primaries. sa
In the rear Of Deutsch in the court
room. With Carey was Second Lieuten
ant Harry McNichol, son of the lat
State Senator.
n The opposing counsel entered tn
courtroom shortly before the session
convened.
II Mr.. Gray, chief counsel for the de
o fense. who recently suffered a nervou
p breakdown, appeared to be in exceilen
n health.
i, venire of fifty men had been sum
e moned. That number included twenty
- one farmers.
Judge Hause several days ago sal
that farmers would be given a prefer
n ence for excuse from service at IN
trial Each side was entitled to 'eigh
peremptory challenges.
ID The gunmen who shot and slugge
their way through the Fifth Ward las
:, September were ordered from the court
~ room a few minutes before talesme
IS We're examined for the trial
ID Assistant District Attorney Taulan
had the men taken from the ROOM The
Y, had been placed under guard inside tn
I, bar of the court. Taulane explained tina
a, they would not be needed today.
err No Murder Charge Now
ee The defendants also were indicted @
ln the charge of conspiracy to murder 1
Az connection with the Staying of Epple!
III ~ but. District Attorney Rotan will nc
ne press the murder conspiracy charge 6
- this trial.