Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-08-14

~ III CouueCttOH WITH sOIne Otner per-
son not here as a defendant"
Again Mentions MnIoney
'1f Deutsch," continued Judge Hause
by way illustration. "conspired with
Maloney or Clark, the mere fact that
Clark Is not here would not warrant
the freeing of Deutsch. IL you find a
conspiracy was formed, then these de-
PENDANTS are guilty"
Judge Hause instructed the jury that
If conspiracy was entered into by
the defendants, II was no, necessary for
them to carry out the acts.
THE guilt is attached" he declared
whether anything was accomplished OF
not"
"The Commonwealth" Judge Hause
also continued, points to the fact that a
large number of officers. designated as
Carey men. were removed and trans
ferred to districts miles from their
| homes"
Judge He use Informed the Jurors tn,
part of the Bronx in New York city
where the so-called gunmen hailed from
was known as tough section of tn,
| city"
! Must Decide II Thugs"
| The jury had to decide. he said
whether those eighteen men imported
into Philadelphia were thugs" an,
plug uglies" or were imported into tn
Fifth Ward to legitimately guard tn
| polls
when these gunmen-Tll call then
gunmen for want G a better name
were brought to this city the Common
wealth evidence declares they wer,
guided by Jimmy Clark. No one be
longing to the Deutsch raction was inter
fered with on primary eve or on primar,
election day. according to the Common
i'wealths evidence.
Even IL these defendants wer,
trapped into a conspiracy. they mus
suffer the consequences of 1t. as we al
hope Maloney and Clark will do wher
their trial takes place =
"A defendant can't shiN the respon
/ sibility by proving to the jury that som
one else Matched the conspiracy and
I! didn't work out as II was supposed +
do"
The jury must determine, he sait
whether the actssof the police were tn
carrying out of proper police duty. TIL
famous thousand dollar bribe then en-
gagged the courts attention.
| whether or not the money came fror
William Il. Finley, executive director c
the Republican City Committee and
Ware man. I do not regard as an impor
tant feature of the case. The importanc
Is whether the thousand dollar bill fig
ured as evidence that conspiracy wa
in progress
Referring to Clarence d. Gibboney
alleged conversation with Jimmy
Clark. the Court said It gave the jur
picture of vast conspiracy, but If til
defendants participated in 1t even witt
nae f.. ,1,s s....- IA l,,t .
guilty might be founo.
On the second bill Of indictment, whic
charges conspiracy to prevent FIRE
election, Judge Hause said the Common
wealth undertook to prove the charg
by showing a course Of conduct prior
and on election day. that course ha
been formed. The first indication of
conspiracy. If there was IA conspirac
met Maloney.
'Deutsch says continued Jude
Hause, that Maloney made the sugge
ton to him that he take eighteen me
into the Fifth Ward to guard again'
pickhandle men,
There was no objection" Jude
Hause said. "in Deutsch doing tha
While a man would not be justified
meeting force with force. that would ne
constitute a conspiracy
The defense produced more tina
eighty character witnesses. The Cou
explained what weight their testimor
was to have in making the decision.
.drawing an analogy with a suppostiol
case. the Court said IL the jury had d,
cided the suppositious defendants wei
guilty then evidence Of previous goC
reputE tion must not cause revers;
of opinion. The Court touched on II
alleged attempted bribery Of a Juror
1T Is quite unfortunate that SON
misguided person has seen fit to al
proach one of your members. a