The New York herald., 1921-04-24
SURE HE SAW LIGI
AT DEATH WAGON
Com.ine.ed from F.rst Page.

the office of Fire Marshal Brophy as
an investigator. His statements in
Scranton yesterday indicated that he
gave instant attention to certain details
attending the explosion and that he has
fixed in his mind vivid picture or
things he saw just before and immedi-
ately after the blast He is a witness
whose name never before has cropped
up In the Investigations, the Department
OF Justice having held him in the back
ground and carefully guarded the news
that one man at least saw men near
the bomb wagon
on the day of the explosion Smith
made a business call near Wall ana
Broad streets. AS nearly as he can re-
member he left the building at IL :55
A. M. and walked east on the south
side of Wall street, crossing Broad to a
spot in front of the offices of J. p.
Morgan & Co.
Smith said he was at the side of the
Morgan building when he noticed the
ramshackle wagon in front of the Assay
Office Particularly he noticed the red
wheels of the wagon, and he said yester-
day. too, that he saw part of the wagons
contents-two barrels and a box about
three feet square and several bundles
OF newspapers. He thought it was
junk wagon. Two men were standing be-
side the wagon.
Although Smith manifested no hesita-
tion in picking Ligi out of the lineup.
some of the investigators are inclined
not to accept his Identification as posi-
tive.
Smith Positive About Ligi.
Attention was called to the fact that
Smith might have seen the photographs
of Ligi published in the newspapers.
Smith said Immediately that he had
seen these pictures. but that he was
basing his Identification upon his men,
ory of the face OF one of the two men
who stood by the red wheeled wagon
less than five minutes before the ex-
plosion.
1t was considered that it will be next
week before the Governments hand fs
revealed Ligi will be taken into court
on a writ of habeas corpus obtained
Friday by his counsel, John Memelo OF
Scranton
Government agents in charge of the
case in Scranton, according to des-
patches last night. were surprised to
see Walter Nelles, counsel for the Civil
Liberties Union and other radical
organizations in this city, appear in
the Pennsylvania city to aid the de-
fence OF the Italian. Mr.. Nelles ex-
planned. the kilograms said. that he
had been retained by IAN informal
group in New York" Mr.. Nelles APP
peared at one time as counsel for
Carlos Tresca, the notorious anarchist.
Upon his arrival here last night Smith
told friends that Immediately he heard
Ligi speak in the Pennsylvania Jail he
recognized his voice as the voice of one
Of two men he had seen running away
from the wagon in front Of the Assay
office. He said the last time he heard
1t before hearing Ligi speak yesterday 1t
was urging a second man to hurry away
from the corner of Broad and Wall
streets.
Lets get to hell out of here" were
the words he said he heard.
The speaker had been standing beside
the decrepit old horse few seconds
before.
Smith gave a few more details of his
knowledge Of the bomb wagon and the
horse. He said he stopped to pat the
animals head before leaving the corner.
Chief Flynn was not inclined last
night TO put too much confidence in the
Scranton Identification. He said the in
vestigation would be continued.
Department of Justice agents last
night expressed satisfaction with the
days developments. They said other
persons would be taken to Scranton to-
supposed connection with the disaster
1t was pointed out that several per-
sons interviewed by investigators after
the blast mentioned seeing some one
talking to the driver of the wagon
shortly before the explosion. Some or
these will go to Scranton.
The failure OF Clar-J TO make an iden-
tification indicates to the Federal OPP
eratives that two men conducted the
bomb wagon to Wall street. The au-
thorities are certain that Clark saw the
driver of the wagon. but they are some
what mystified at his partial identifica-
tion In New York Friday Of the photo
graphs of Ligi. since the alleged draft
dodger and the driver are said not t,
resemble each other.
1t was thought that the two other
witnesses were William Walsh. an in
surance agent. and Albert Fleshner. a
partner Of Albert Volk, head of the con-
struction company that was doing the
excavation work at Broad and Wall
streets. but this was denied by Mr..
Scully. Both Walsh and Fleshner saw
the driver of the bomb wagon when he
ran up to Clark n few minutes after
the explosion and announced It was his
horse and wagon that had been de-
stroyed.
Held on Stacker Charge Only.
Despite the Identification OF Ligi, the
Federal authorities have preferred no
charge against him. He In being held