Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-04-20
SUPREME COURT RULE
STAYS DEUTSCH TRIAL
Fifth Ward Politicians and Co.
defendants Win Change Of
Venue Hearing
RETURNABLE APRIL 20

Another delay has been made in
the triad of IKE" Deutsch, Lieutenant
Bennett and five policemen of the
Third and De Lancey streets station,
accused of murder, conspiracy and
other omenses as a result of the Fifth
Ward primary election murder which
was set for next Monday.
II is one OF a Iu..= ISLES OF legal
delays realized since last fall when
the killing of George a. Eppley, an
acting detective, occurred. The new
delay, which will forestall any legal
move at least until April 20, Is in the
form of request of the Supreme
Court for change of venue to an
other county on the ground that pub
nc opinion is so prejudiced here that
the men could not be fairly tried" on
the charge Of murder
Justice Frazer in ruling on the petit
tions stayed all proceedings in the
Quarter Sessions Court and directed
District Attorney Rotan to show cause
why the prayer of the petitioners
should not be granted. The rule is
made returnable in the Supreme Court
on April %.
The policemen defendants are Mi
chael Murphy, John Wirtschafter,
Clarence II. Hayden, Louis Feldman
and Emanuel Uram. All the petitions
were filed by William a, Gray as
counsel.
Averments are made the defendants
are guiltless of each and every one
OF the charges, and that the proseCu.
tiOn against them has been unwar-
ranted and Illegal from the time they
We're held by Judge Brown, Of the
Municipal Court, sitting as Il commit.
ting magistrate, until their indictment
by the Grand Jury. Complaint is
made against the conduct of the hear
ing by Judge Brown, who, the appel
lants declare, repeatedly made re-
marks derogatoTy TO the accused and
plainly intended TO infiame and preiu-
dice the public mind against them.
The proceedings before Judge Brown,
il is asserted, We're "unpal alleled in
the history of the Pennsylvania courts
and most spectacular, undignified and
illegal"
The petitioners then allege the
newspapers have printed almost daily
in their editorial and news columns
inflammatory articles concerning the
Fifth Ward cases. causing an impress
sion in the public mind the defend
ants are guilty of the crimes charged.
Under such conditions, the petitioners
declare. il would be impossible for
them to obtain a fair and impartial
trial in this jurisdiction.
Protest also is made by the accused
policemen against the attitude of Dis
trict Attorney Rotan, who, they say.
repeatedly has asserted that they are
not fit to serve as officers of the law,
and such Statements also have raised
a feeling against them in this commu.
nifty"
Politics Charged
The petitions then refer to the inn
pending primary election, and charge
the prosecution, backed by one of the
political factions, Is attempting to
make an issue of the case i'm the
present campaign. and that the Dis
triCt Attorney made no objection 10
trying the case on Monday next. This
Notwithstanding that for years the
same District Attorney would not try
such a case on the eve Of an election
The petitioners say they do not
know why the District Attorney has
depaSted from this rule, except Ia
aid in the combination between the
antagonistic political faction and the
newspapers to use the case as an
issue in the State campaign"
Bennett attaches to his petition tho
fact he was appointed a patroman
in 1905 by Colonel Sheldon Potter
then Director of Public Safety, and
that under the Blankenburg admins
tration he was made a lieutenant of
police, the position he now holds, He
sets forth he served in the United
States army and was engaged in the
campaign in Cuba and saw active
service in the Philippine Islands,