Five Mile Beach weekly journal., 1921-08-05

Emanuel Katz came before Judge Ed
redge charged with violating the liquor
laws. Eugene C. Cole, the prosecutor,
was arrayed like a veritable Beau
Brummel in a natty blue business SUIT.
About eight or ten reporters from the
philadelphia and Atlantic City papers
were present in the court room, and
left frequently to telephone the pro-
gress of the trial to their respective
papers. The lawyers for the defense
were Robert McCarter, of Newark, n
Elmer C. Brown, of Atlantic CITY.
Katz. he Atlantic City saloon keeper,
sat at Mr.. McCarter's right hand. He is
a heavily built man of about 40. His
sparse hair is slightly gray. He was
attired in a blue serge suit, wore a
bow tie and several magnificent II
monds. Throughout the trial he was
as cool as the proverbial cucumber
often smiling at the sallies OF the
prosecutor and the defending lawyers
Katz pleaded not guilty. McCarter
requested a jury, but Judge Eldredge
refused the request. Alfred WINTER
burn. city clerk of Wildwood, was
called to the stand first. He wen TO
the fish factory on the night in ques-
ton with ex-Mayor w. c. Hendee,
.John T. Byrne and his son, Leonard,
Kenneth Kirby and Richard Coney and
saw a truck come out OF the lane.
There is a deep water channel at the
dock to the fish plant. Hendee n
his party followed the truck north to
the Ocean City turnpike and east TO
ocean City, where the truck turned
back. There the truck pulled up and
two Ocean city policemen took posses
sion of it. Saw a tan bodied touring
a speed out to the main road and
turn south. He saw LoefHer n MS
son and a colored man standing be-
side the truck. Winterburn identified
Gaskill and Johnson in court as the
Ocean City policemen, and pointed out
Katz as the man driving the tan tour
ing car. Katz got out and spoke TO
the Justice of the Peace. b tan
touring car was sometimes ahead and
sometimes behind the truck n
seemed to be conveying it. 1t bore a
New Jersey license number 95lIO.
When cross examined Winterburn said
that the occurrence took place between
two and half past two in the morning
of a dark and foggy night. 1t was
difficult to see, and he had no personal
acquaintance with Katz, and to his
knowledge never saw him before in
his life. He only saw Katz for three
to five minutes on the night in ques-
ton. and his car was $50 yards away.
He admitted that he couldn't recog-
nize Katz's face at that distance, but
saw him clearly when he came to
speak to the Justice of the Peace, and
the lights of the car shown fully on
him. Katz spoke to Byrne and said,
what do you want? Are you having
a picnic or something's" And Byrne
replied, "All we want is you and all
you have with you" Winterburn said
that he is a special officer of the City
of wildwood and he received a phone
call from Hendee saying that his ser
vices were needed. McCarter asked
if it wasn't true that there was an
election the next day, and Cole OBJ
jected. The objection was upheld.
The four cars were all facing the same
way. The lights of two of the cars
were thrown on KATE.
John T. Byrne corroborated Winter
burns testimony and said that he
(Byrne) walked to the truck with the
defendant. Katz said that Chief john
son couldn't arrest him without a war
rant. Byrne had a John Doe warrant
prepared and gave it to Johnson who
was standing on the running board
of Katz's car. Katz pushed john
son off the running board and stepped
on the gas and got away. Byrne
couldn't say whether he had the
warrant in his office or not. 1t was
made out for a truck and its &C.
cupants." Byrne added that on the trip
over to Ocean City Katz's a drew
alongside of theirs and asked what
they wanted. They made no reply
but took his number.
Officer Gaskill, of Ocean City, said
that he was called for duty and went
in a car with Chief Johnson to Four
teenth street and Asbury avenue
Ocean City, where they met the cal
containing Hendee and Champion
which they entered. He saw Kat
sitting at the wheel of the tan touring
a where it was stopped. johnson
said Katz was under arrest, and Kat
replied NO" Then Johnson said tina
he had better come along, and Kat,
again replied NO" The next thins
he knew Katz was going down thu
road. Gaskill helped unload th'
whiskey at Court House. The case:
were labeled Johnny Walker, Scotch
Whiskey-Nassau N. P" He has seer
cases very much like them, if not thu
same ones, since.
W. C. Hendee got out at Court Hous'
and went to the sheriff's house ant
telephoned to the police Of Ocean Cit.
and Atlantic City. Then he went on II
Ocean City in Champions car, wher'