Every evening, Wilmington daily commercial., 1918-08-15
.PH|LA, GUNMEN GUILTY,
JURY BALLOTS ONCE
West Chester Verdict Regarded as
Big Blow to the Wares and
Mayor Smith.

West Chester, Pa, Aug. I5.-Gullty
on both indictments was the verdict re
turned here last night by the jurors IN tho
Fifth wand case after they had delIberated
hours and "a minutes. The verdict
came at n time when 1T was believed
there would be disagreement and that
1t would be necessary 10 retry the sen
saticnal case and sent terror to others
indicted IN the same scandal, including
Mayor Smith, Of Philadelphia
The case was placed in the hands of
the lurv at II 81 this morning and there
was surprise among those who have fol-
lowed the hong trial when the afternoon
passed and DO verdict was returned
The jurv sent for the hullet-pierced
window screen and chair of the frniettcr
Club There has been considerable con
trovcrsv over the bullet hole, the defense
| claiming the shot was fired from the
! inside Of the club and tho Commonwealth
insisting that the bullet came from the
outside Of the building and from the
pistol of the defendant, Wlrtschaftcr.
The defendants are Ike Dcutsch,
Lieutenant David Bennett and Police
men Emanuel Uram, Mike Murphy,
Louis Ficldman. Clarence HAYDEN and
John Wirtschaftcr
Morc than AZ minutes were spent pro
curing the verdict from the l2 men. I'm
mcdiately after Judge Hausc ceased
speaking. MIR. Gray made his motion for
a new trial and the arrest of Judgment
The question Of bail was then taken
IN. Mr.. GRAY cyplained that the seven
men are now under an aggregate Si5,-
900 bail TO answer charges of conspiracy
10 commit murder and mansaughter
4 L -.
"a insure the appearance Of his clients
when wanted. judge liausc ruled, how
ever, that thcv must furnish additional
bail pending the arguing of motions for
new trial and he fixed the amounts
at SIS. 600 This means that the seven
defendants are under a total of 500 900
bail
Following adjournment at 1870 o clock
tonight II was learned that only one
ballot had been taken by the jurors.
Murphy, one of the defendants. was
on the verge of collapse while the verdict
was being taken. He was given a fan
and later he revived As the prisoners
were leaving the courtroom several
of them protested their innocence.
Assistant District Attorneys Taulane
and Gordon and ex-Judge Robert :.
Gawthrop were plainly pleased over the
end of the case. Several Of the jurors
congratulated the Commonwealth at
torneys, among them being William p.
Weaver and Harvey Trcgo, the two
Honevbrook farmers who were approach
ed BY Policeman Charles " Allen, q
Ware henchman, IN Philadelphia Allen,
who Is charged with jury tamperlng and
is in jail because of failure 10 produce
SIS 900 bail, will be gwen hearing to-
e . -
Peace Paxson-
The verdict of guilty is a hard blow
to Mayor Smith and the Wares who ap-
peared as witnesses for the defense and
did everything possible to purge Deutsch
Bennett and the FIVE cops of the charges
lodged against them. II IS believed
that Bennett and the cops might cease
their official connection with the city Of
Philadelphia.
declared that the defendants could not
be ahsolved by the plea that they were
trapped into conspiracy, no matter by
whom engineered. The offense of which
thev are accused, conspiring to prevent
fair election. was r stroke at the vitals
OF democratic government, he said. end
then proceeded 10 a discussion Of the
Shcrn law, designed to keep Philadelphia
placeholders out of politics.
If one person were TO appear al a
polling place and attempt 10 interfere
With a voter he would be guilty of a
violation of one of the provisions Of the
election laws. But this Is not what
these defendants are charged with, said
the Court Their conduct, if you be-
lieve what the Commonwealth has pro-
duoed was Indicative of conspiracy to
induce policemen and firemcn TO do that
which they are not allowed TO do under
the act
MUST SUFFER EVEN II TRAPPED.
The jury had to decide. he said. whether
those IS men imported into Philadelphia
were thugs" and plug uglies" or were
imported INTO the Fifth ward to legit-
mately guard the polls
When these gunmen-I'll call them
gunmen for want of better name
were brought to this city the Common
wealth evidence declares they were
guided by Jimmy Clark No one be-
longing to the Deutsch faction was inter
fered with on primary eve, or on primary
election day, according 70 the Common
wealths evidence
Even if these defendants were trapped
into a conspiracy, they must suffer the
4btSJICtS vi ", eic We All iIOtt
and Clark will do when their trial takes
place
defendant cant shift the respon-
sibility by proving to the jury that some
one else hatched the conspiracy and it
didn't work out as it was supposed to do y
The famous thousand-dollar bribe then
engaged the Court 5 attention. Whether
or not the money came from William
T. Finley, executive director Of the Re
publican City Committee and Ware
man, j do not regard as an important
feature of the case. The Importance is
whether the thousand-dollar bill figured
as evidence that conspiracy was in
progress"
Referring to d. Clarence Gibboney' IS
alleged conversation with Jimmy
Clark. the Court said it gave the jury
picture of a vast conspiracy, but if the
defendants participated in it even with
out formulating it then a verdict OF
guilty might be found.