Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-01-22
Mayor on Trial
in Fifth Ward Case

tfl l. u Sbt W VI u ~ uCC
Continued from Page One
had formed an opinion concerning the
case.
John Graham. a janitor 1915 Cones
toga street. was challenged because he
has n brother working in the Water
Bureau. Graham's notification to APP
pear for jury duty was served three
weeks ago at the time his brother was
appointed.
II think the defense should agree to
let this man 60 said Assistant Dis
trict Attorney Taulane
I'm afraid you and I won't agree
on many things during the course Of
this trial" Scott retorted
Mr.. Scott challenged John Schneider.
collector. of 1851 Lawrence street.
because the venlreman was connected
with a club which had rented a hail
to people who We're accused by the po-
lice of selling liquor without "A license.
When Francis Stubbins. n painter, of
ls45 Germantown avenue, was examined
the defense tried to show that at
Cramps shpyard. where Stuhbins works,
he and others had discussed the case
and had expressed Views unfavora bic to
Mayor Smith. Stubhins denied this. hut
was excused from service. on Attorney
Scott's challenge.
Or Joseph Kossuth Dixon. 500 North
Sixty-sixth street. an expert on the
American Indian, got into a long dis
cussion with Mr.. Taulane on the rotten
condition of city politics.
Tauiane asked him If he would try
the case on its merits.
There would be vast difference"
said Doctor Dixon, between trying the
case on the evidence and attempting to
separate from ii what has been as
simulated by ones hra,n ana conscience
When get submerged In a cesspoo!
it is difficult to get the stencil out"
Taulane wanted TO know II the venire-
man could not judge the case by the
evidence alone.
Judge Rules Him incompetent
'One cannot do the impossible" an
swered Doctor Dixon.
Later the venircman asked: rs there
such a thing as law in Philadelphia? ?'
AT this point Judge AUdenred inter-
jected:
1T is plain that the witness is in
competent TO try this case. II the Com
monwealth will challenge him l will al
low it,"
The Commonwealth didn't challenge
Doctor Dixon, but Mr. Scott did.
William F.. Crowley, of AIS Upland
street was challenged and excused be-
cause of his acquaintance with Sol Mails
burg a clerk in Quarter Sessions Court.
and reputed leader in the first division
of the Fortieth Ward, where Crowley
lives.
Crowley admitted when Scott ques.
toned him that he had talked about
10, NT..7-
burg. though he said he had not dis
cussed the present case. After Scott
had challenged him the attorney for the
defense, in a loud aside, called atten'
ton to the fact that Mr.. Taulane had
not attempted to bring out the Nenire.
mans political affiliations
Long before 10 o'clock the crowd had
begun TO assemble in the courtroom. but
there were still many vacant seats IL
the rear Of the room when Mayor SIN.
entered from the main corridor, accom-,
panied by Attorney Scarlet. lie pro-
cecded up the center aisle took a seat
at the end of the table in front of the
empty jury box.
The Mayc- was the first of the prin.
cipal personages In the trial to put In
an appearance He was three minutes
ahead of the usual time for opening
court,
The first TO greet him upon his arriya
was Ci'y Treasurer Frederick j. sEoyel
and two or three otler friends a Sc
came forward and shook hands with the
Mayor
Attorneys in Court
The first 10 appear inside the prose
rutor'S railing was Assistant Dlstrlc,
T.7. ,,.I.-
charge Of the ordinary routine cases IN
This court lie carried in his hand a
bunch Of minor indictments Tie next
of the principals TO enter from the main
corridor were Congressman Scott will
his law partner, William T. Conuor and
a messenger, carrying a huge vallse
packed with steuagra phic notes an,
records Of the preliminary hearing be,
fore Judge Brown, and the trial ol
Isaac DeutsCh and the other defend
ants AT West Chester. Hardly haC
Attorneys Scott and COnnor exchange
greetings with the Mayor and Mr.. Scar,
let. when District Attorney Rotau ant
Assistant District Attorney James Gay
Gordon, Jr,, entered through the sid.
door followed by Attorney Joseph p
Gaffney, chairman of Councils Financ,
Committee, who Is associated with coun
sci for the defense,
A moment later Judge Audenriet
came from his private chamber an,
appeared on the bench, The audienc,
arose while the days session was for
finally convened by the crier. James Nc
l Cir. Assistant District Attorney Mau
Arer then engaged Judge Audenred il
n Hconyersation at the side bar relative :,
Ghe disposition Of the regular daily cal
krdar Of minor cases, and meantim
trier McGirr began calling the roll 0
Ngors.
Charges Against Mayor
Mayor Smith is charged with "mis
derneanor in ONCE" in having w''lfull
disregarded his duty under the Sher
law by permitting, encouraging and aid
ing other o.fcers and employees of tn
city to take an active part In the politi
cal campaign in behalf OF Isaac Deutsc
10 procure his nomination as the Var
candidate at the primary election o
September, 1917. for the ONCE of Selec
Councilman from the Fifth Ward, an