New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-05-27
SWears He Saw
Filipis Beside
The Bomb Cart
Bayo1ne Suspect Held for
New York Authorities AT
ter Positive Identification
by Former Fire Officer
Heard Puzzling Whispers
Strange Actions of Italians
at Wall and Broad De-
) scribed by Z. ]. Smith

Giuseppe de Filipis, the Bayonne,
". j., truck driver charged with having
driven the wagon carrying explosives
Jlhich killed thirty-nine persons at
{ all and Broad Streets on September
T., 1890, was ordered held for the New
81 TX authorities yesterday when wit
sses testifying before United States
~ mmiSsioner Hendricks In Jersey
n identified him as one of two Ital-
u seen in the financial district FIVE
lutes before the explosion.
L. ositive Identification under oath
W made by Thomas j. Smith, for
exsr member Of the New YORK fire mar
saallss force. MIR. Smith previously had
Identified Tito Ligi, the suspect ar
rested in Scranton, as the second man.
When de Filipis was arraigned be-
fore Commissioner Hendricks a petit
ton was fled by his attorney, John
Scala, asking that the government be
forced to present a priina facie case.
The petition was sustained by the court
and Charles j. Scully, chief of the Blu
reau of Investigation of the Depart
ment of Justice, was called on to pro-
duee witnesses. Mr.. Smith was called
as the first witness.
Smith told of having been in front
of the United States Assay Office five
minutes before the explosion. He said
his suspicious were aroused when he
saw two Italians standing beside q
peddler's wagon in front of the Assay
Office, apparently engaged in an argu-
ment. He described the wagon as be-
ing black with red stripes underneath.
a "red" horse, he said, was attached to
the vehicle.
Heard italians Muttering
Smith said he passed SO near the
vehicle that his coat sleeve brushed
against the horse. AS he passed the
two Italians he claims to have heard
one Of them mutter: Come on, get to
hell away from here quick" AS he
turned to see who had uttered the re-
mark, he said, one of the men muttered
something in an undertone which end
ed in finish"
Smith then told of having gone on
his way wondering why the wagon had
been parked in the financial district
and of hearing the explosion when he
reached the corner of Nassau and Lib
erty streets. He testified that ne i'm
mediately turned and ran toward the
scene of the explosion. remembering
the two Italians and the wagon, but
was unable to reach the spot because
OF the crowd. He told the court that
he fixed the features of the two men SO
we'll in his mind that he could not be
mistaken in his identification.
Girls Life Threatened
Although Smith positively identified
de Filipis as one of the men seen in
the financial district, Assistant District
Attorney Benedict Dineen said last
night he would not present the case to
the Federal Grand Jury unless more
substantial evidence is Forthcoming.
Reports that girl witness, who Nas
called to Bayonne to identify de Filipis
shortly after his arrest two weeks ago,
had received letters threatening her
life if she testified against the accused
men, reached government authorities
yesterday. The letter, it is claimed.
threatened to pull her tongue out if
she talked" The name of the witness,
who is said to have called at the Bay
onne Jail in company with New York
chauffeur, was rot made public.