Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-08-02
FIFTH WARD MEN
I. DENIED MISTRIAL
Newspaper Reports Unfair,
Withdraw Juror, Defense
Asks Court
SCURRILOUS, SAYS CRAY
Judge Doesn't Agree With
Counsel and Orders Case
to Proceed
SCURRILOUS, SAYS CRAY

Ihe defense this morning asked
Judge j. Frank E. Hause to declare a
mistrial in the Fifth Ward conspiracy
because of absolutely unfair" news.
paper reports of the trial. now nearing
the end of its third week. The Court
overruled the motion, which was pre-.
sented by William A. Gray, attorney
for the seven defendants.
The defense counsel offered In evi.
dence copies of two Philadelphia morn
ing newspapers Of yesterday and to.
day.
The defense has contended." Grav
told the Court, that much of the pub.
,icity gained by the Third District DO
lice during the time preceding and
about the September primaries has
been caused by scurrilous and untrue
newspaper articles.
II refer to that because. generally
speaking. certain Philadelphia news.
papers have been presenting articles
that have been absolutely unfair and
tending naturally to prevent a fair
trial"
Gray said his attention this morning
was called to articles in two Philadel-
phia newspapers. The headlines and
matter that lis pure fabricating."
Court Overrules Gray
My suggestion" he continued, "is in
no way to the effect that I have proof
those articles would influence the jury,
put when we consider human nature
1t Is possible"
Gray then moved a juror be with
drawn and a mistrial be declared "by
reason of these articles" The defense
attorney offered in evidence copies of
the newspapers of the issues of August
l and August g
The motion is overruled and excep.
tlons noted for the Defense" ruled
Judge Hause.
Several patrol sergeants and patrol
men who served under Lieutenant Ben
nett testified this morning for the de-
tense. They were unanimous in declar-
ing Bennett a good police lieutenant.
Police Deny Political Coercion
This mornings session was occupied
almost exclusively with testimony of
policemen of the Third District. They
had never heard politics discussed in the
station house. they asserted. and had
never been threatened with removal as a
penalty for not voting for Deutsch
Patrol Sergeant Bookbinder. Third
District. admitted he owed his chevrons
to Deutsch. Assistant District Attorney
Taulane asked him why he never re-
ported Benjamin Yanowitz's tea house."
II it was suspected of being a speakeasy
Because" answered Bookbnder. II
would be looking for trouble, If / did"
The only policeman who appeared here
this morning in civilian clothes was Pa
fr0l Inh, \ C,,it t,.l ;.t,- -
Smith. on direct examination. said he
owed his appointment to James A. Carey.
He voted for Carey and never saw any
political activity in Benefits station
house
Taulane demanded If Smith Joined the
| Deutsch club after his appointment to
the police force. He admitted he had,
and also admitted that he frequently
chased Carey supporters away from q
corner at Fifth and Lombard streets.
Wrangle Annoys Judge.
A wrangle occurred between Taulane
and Gray during an examination Of Pa
trolman Dennis Barry. A side remark
| by the defense counsel caused it. Tau
| lane complained to the Court the COM
ment was uncalled for. Judge Hause
| agreed with Taulane.
ut is so utterly foreign to Chester
| County soil" the jurits added. 1T is a
! pernicious practice peculiar to Phila-
delpha," rejoined Taulane.
Gray smiled broadly.
Patrolman Thomas Eden proved bel
| ligerent witness under Taulane's cross
! fire. He has been a policeman twenty
/ five years. he said had taken no inter-
est in politics for twenty years, and
never heard politics diTcussed in the
Third District station house.
I Eden became indignant when Taulane
asked Eden If his legal residence was in
| Camden TIE first asserted he had q
| summer home in the country" but ad-
mtted the house was in the city of
| Camden.
Club Membership as Camoufiage.
Patrolman Boyd. the eighth witness
called, asserted he voted for Carey, but
Joined the Deutsch club. He was never
threatened with transfer, he said, from
the Third District.
Taulane seized on the first admission.
Judge Hause smiled.
Il don't blame him for that" he said.
"You have to camouflage these days"
ChCphR w MORRIS ID