Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-07-31

care to so, it's a question of how far
l intend to CO." he replied.
Mayor Smith stood trial on charges
growing out of the Fifth ward scandal.
also. but he managed to secure q sever.
ance of his case from that of the
fppicy, acting as detective, in the Fifth
ward by Butch" Mascia and seven =
teen other gunner imported by Deutsch
TO help him carry the ward against
Mercantile Appraiser James A. Carey
for Select Council and political leader
ship Of the ward. Mayor Smith,
Deutsch, Lieutenant Bennett and the
hve patro'mrn we're arrested on Sep
tember Il, 1917, for conspiracy. They
we're given hearing before Judge
Brown. of the Municipal Court. sitting
as a committing magistrate. and held
for court. They werc indicted IN phila
delphia on the following December ~.
\ little more than a month later in
fight for delay. Mayor Smith was
granted severance from the seven other
defendants, Judge Vessel awarding him
a separate trial.
Asked Change Of Venue
LAWYERS representing Deutschland the
patrolmen then went into the state Su
preme Court with n petition in which
they declared that they would find it
impossible to obtain a fair trial in the
courts Of Philadelphia They asked for
a change Of venue to have the case tried
in another county Of the state Dis
trlCt Attorney Rotan. to their surprise.
joined in this petition, and the Supreme
Court transferred the trial Of the ease
to Chester county.
Attorney Gray. representing the con
vi"ts. appeared in the Chester county
courts early in last July and argued be
for" Judges Butler and HauSo to have
the indictments UuaShed. The court
ov"rruIod the motions and Deutsch and
the six patrolmen were placed on trial
0n July Is, 1918, before Judge Hause
at West Chester.
Tho trial was the most sensational in ,
tho history of the rural county and an
attempt was made by Pat'olman Allen.
follower of Select Councilman Frank
Ryan, the contractor machines
leader of the Thirty sixth ward. to
bribP one Of tho jurors. He was mr..
rested. jumped $4,000 bail put IN BY
Ryan and fed tho jurisdiction of the
court. He has never boon found bv tho
Seven Found Guilty
I'"utsch and tho six policemen were
found guilty on last August Il nf con
Splra"y TO prevent a free and fair cleo
non. and conspiracy 10 violate tho Shcrn
aW which prohibits tho political ar-
hv,ty of municipal offircholdorY.
Immediate application was made by
their counsel for new trial.
Judge Hausc. on last January q
overruled the motion for new trial.
week later District Attorney Wade.
If Chester county. called the seven mon
10 tn" bar Of the court and they were
sentenced to prison terms An an
peal was taken tho same day to tho
Court. in which attorneys for
tn" "onvicts claimed that the Chester
county ~ourt had erred in refusing a
new trial
'i"''' '"hliNH WIS pId'CN On tflHI IN
on the same Charges about
his time. His trial was not so lengthy,
He wept before the jury on January
II during the time that one of his law
'ers. John r. X. Scott. pleaded to the
Jury to acQuit him. When the Jury re
-urned verdict Of mot guilty" the
Mayor openly embraced and kissed
hree of his four lawyers in the court.
'oom.
The appeal Of the Fifth ward con
lets was heard by the superior Court
n Pittsburgh on April IS. 1t was
when the appellate court had the ap.
zeal under advisement that DPutsch
lied near his home in the Fifth ward
VI heart disease. He died on the
anne beG in the jefferson Hospital on
which Eppley had died after he had
,een shot during the bloody reign Of
error on election day.
The Superior Court a month after
wards. denied the petition for new
trial. The case was then appealed to
the Supreme Court.
Prosecution Of the Fifth ward patrol. I
men. as well as the eleven gunmen who
are serving prison terms. was conducted
by District Attorney Rotan. Assistant
District Attorney Taulane and Assist /
mt District Attorney Gordon ron-
Quoted all Of the prosecutions in the
and Chester county
courts.