tr
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V.
ilv.
B(
-, Joi James Guy Gordon.
JrMeutlon, moved that Mayor
ETW mmM to mm the witness Bland
fi in I nit r th "true nd original"
r rwirtsin of Detectives Alfred I.
BLm iMyor'i own fcersohal investlga
oSn ' the 'lection In which Eppley
Bllorta ny me District At.
, t this report, which la expected
that the Mayor wns oinclally In-
the thugjery, have been In vain.
Mr 'Gordons motion, James Scar
tk the Mayor's counsel, Interposed, de-
to allow tno Mayor to obey tho
. Gordon Instated that the Mayor abldo
.the subpoena "which was Issued by tho
rt yesterday, orucring xne original re-
to De proauceu.
"I ask that the Mayor, Thomas 1). Smith,
N the stand In accordanco with the sub
na Issued by tho Court," ho said.
Former Judge Abraham M. Ueltler. ot
Krawie uerense, nam mat me Mayor couia not
F'ffce called upon to testify for tho Com-
', monwealth In a caao whore ho himself was
a, codofendant. t
"Is It your dcfenBO," nsked President
Judge Charles L. Brown, "that production
et these reports may Incriminate the
Mayor?"
"No, indeed," answered Judgo Beltler.
judge Gordon then cited severnl decisions
et former TJllted States Supremo Court
Justice Charles 'Evans Hughes of similar
eases.
Mr. Beltler stated that tho District At
' torney had copies ot the report, "and that
he took the responsibility for tho Mayor's
refusal.
"We don't want copies," replied Gordon.
"We want the original."
1 Then, addressing the Court, ho said:
",Tour Honor, sitting here as a Justice of
the peace, has no power to commit this re
calcitrant witness, but I ask that he bo
'" bound over for contempt of court."
, Judgo Brawn assented. Instructing tho
i clerk of the court to make out a petition
'i-to tho Superior Court to order tho Mayor
before tho Grand Jury for Indictment on
the contempt charge. The Mayor was not
' adjudged guilty by Judge Brown, as first
1 reported, this question being reserved for
, a higher court.
., Magistrate George A. Tersch, who has
' been frequently mentioned In the testimony
. 'and who witnessed the receipt by Samuel
! G. Maloney of the $1000 bill alleged
I "murder money" for the "Frog Hollow"
' gunmen was tho llrst witness Tersch. a
' Vare follower, was decidedly nervous under
the grilling that he received. He admitted
i to Gordon that he knew little or nothing
I about tho sixty-three warrants issued by
I him for election day arrests of Carey fol
lowers and election officials.
Gordon showed Tersch forty-five of the
, warrants. The Varo magistrate ncbniltted
v,Uhat they had been made out by persons
The did not know, with tho exception of a
! feW of the warrants, but that ho had signed
! them. Persch said tho affidavits had all
been sworn out before Constablo "Kddle"
Abrams, who Is attached to tho offlce ot
Magistrate Harry Imber, another Varo fol-
'Slower.
: Mm) nf h affidavits were turned over
' to Abrams, the testimony showed. Persch
'."rniiM not remember" whether Max
Deutsch, brother of Isaao Dcutsch, git any
of the warrant. Wlrtschiller got some.
t he said.
' The forty-flvo Carey men nrrCBted on the
mornljig ot election day were kept In Jail
until tho following day, when they wero
discharged.
Magistrate Persch-denied that any of the
, warrants were Issued In blank. His mem
ory also was bad when ho was asked who
nad paid for them.
Persch corroborated tho testimony given
'by "Sam" Maloney concerning tho $1000
banknote alleged to bo tho "murder money"
"wTfor the gunmen. Jle said ho saw Maloney
' T- receive It, and that Maloney had turned It
i over to him to keep for him. It was depos
ited by Persch In tho safe at the German
Amiriniti Till nml Trust Comnanv. . Ho
Plater- withdrew It a tfie request of Maloney,
" :ana after an automoDiie trip u wnioney h
'house, mailed It to Maloney by special de
livery, t
A man pamed Hardy, ho said, was pres
' ent at tho conference In Maloney's house
i and heard Maloney ask that It bo mailed to
', him the first thing In the morning.
PEBSCH UNDERGOES GRILLING
t In cross-examination Porsch said he found
i Dlftrict Attorney's Detective Joseph Mc-
1 Claln In front of the German-American
.Trust Company Building when he arrived
1 there the morning following his Interview
-, ' at Maloney's house. He said McClaln paw
I'hlra mall the envelope containing the $1000
; bill at Broad and Arch streets.
Mr, Gordon, questioning Persch again,
attempted to draw from him an admission
that he had seen Isaao Deutsch go to Ma-
, ' foney's ofllce Just before election day, as
) testified by Maloney. He was asked defi
nitely If he had sat In Maloney's private
ofllce with Deutsch a few days before elec
tion, when Mnloney came In. He declared
that ho did not know tho bill wits coming
to Maloney's otllco. although Maloney tes
tified that he And Persch had talked about
tyty for the gunmen."
i' Morris Cohen, son of Harry Cohen, a
hardware merchant, at 260 South street,
i Mmost across the street from Deutsch's
South street butcheroihop. Identified some of
! the blackjacks taken from gunmen, follow
J lng their arrest on the day of tho murder,
r lit said they wero bought the day before
1 the murder, at 6 p. m., by two men, who
. were tall, broad-shouldered and good-looking.
He said they looked "llko Amer
- , leans."
One of tho now-famous "Deutsch hats"
' '. was Injected Into the case when Mr. Gordon
, i showed one to the witness and It remained
j on the bar of the court beside the witness
1 stand during the remainder of the morning.
4. The witness was asked it the men who
bought the blackjacks had on such hats.
! He said they did not, Tho hat Is a gray
speckled cloth fedora.
The young man said the men bought)
intsmccii umunjtiuttEi lur i.i. iney oougnt
twelve at 75 cents each, four at SO cents
each, and two at $1 each. He said he gave
i the veapons to the men In a pasteboard
' box. One of tho gunmen, In his confession,
said the "Jacks" wero brought to them In
.Independence Square In a pasteboard box.
' He positively Identified ono which bad
had the weight beaten out of it In the at-
i tack on cither Carey or Maurer, and which
i was found In De Lancey street after the
murder. He was shown another, which
ha said he did not sell. Mr, Gordon said he
Wanted record made of his failure to Iden-
l tify this weapon. He was not positive In his
,'VMentincatlon of the handle of a blackjack
.,Kwnicu was iouna jpi me steps or a nouse
Ovump the Flnletter Club soon after th at.
.Stack on the club the night before election.
$lfe said he thouaht this was the handln nt
j'ne ot the weapons he sold, but was not
'! nl,t.
. " 111 !tii TTnrrv (nhiin rAnnhAn.1.
- ...., ...., vv...., ..v., www.MhVM
hla. statements.
McNICHOI TOO ILL TO TESTIFY
,Jt will be "some time," possibly several
weeks, before State Senator James P. Mc
Ulchol will be able tp leave his sick bed
te(4 liillfv awfllnat Mavnf Rniltti
PnSjSt The three physicians appointed yesterday
; " Klchol and report as to his condition gave
,' th court their opinion Just before the noon
was taken.
(the three physicians, Drs. J. C. Wilson,
in A, Mare ana unaries . potts, were
to the bar of the court Doctor Wll-
Vas spokesman. Ho said they exam
tk Senator at the home ot his son. at
X IMkso street, this rooming.
It U our prqfesslonal Judgment that
U tot in any condition of health to leava
Is bed and .attend to his work and mnva
crt. and he certainly 4s not In any condl-
iHrv io iGBiuy -wiipoui grave risk to his
walth," said Doctor Wilson,
Mr Gordon Wanted to know if there were
dot a possibility pt McNIchol's being able
to attend, the hearlM on Monday next.
So porwtMy." aM Doctor Wilson.
Th physic! Mkki the 8n4ter -Mc-
WKI.'il Ik suSeittW Mel a J4fatd ktttft
nor rajport Hmf$$$ .tt Imtimmy u $.
IN CONTEMPT:
t)VER FOR, SUPERIOR COURT
rector of Public Health and Charities
Kruscn, the Senator's attending physician.
A pathetic note was Introdifced Into the
proceedings when Benjamin Yannowltz. a
restaurant keeper at 417 Gasklll Street, tes
titled that persecution from the Deutsch fol
lowers caused him to attempt to commit
suicide.
Yannowltt, n native of Rumania, wns
asked If he had been persecuted In Rumania
as he was In the Fifth Wnrd.
"No," he replied.
"Deutsch-land Is worse than Rumania,"
sighed a wag, sitting on tho sidelines."
"All I wanted was a chanco to support
my wife and daughter," said Yannowltz,
who has been In America four years. "Ono
day n sergeant came to Beo me and told
me to enroll In the Dcutsch club. I asked
him to leave me alone. Then they began
making trouble for me. They sent police
men In the place and mado all sorts of
trouble. I could stand It no longer."
"What effect did this persecution have
upon yon?" nsked Gordon.
"I ran Into tho cellar," tho witness re
Piled, "and tried to kill mysolf,"
Ynnnowlts, under oross-oxamlnatlon this
nftcrnoon, testified that Lieutenant Hennett
told him: "You must turn In because w"b
nro the police, and. you nnd Carey and
every ona must look to tho police for pro
tcctlon." William II. Schumnn, clerk to Magistrate
Persch, was severely questioned by Gordon,
but gave very llttlo Information about why
Mnglstrato Persch Issued so many warrants
on tho day before election. He developed
n bad case of lapse of memory on most
points regarding how tho warrants wero
Issued nnd why one, In particular, was writ
ten by Thomas 11. Whlto Upon objection
by Connor, Gordon said that he wished to
show that Whlto by marriage was closely
related to a city olllclal. Tho Court sus
tained Connor's objection.
Ex-Judge Gordon declared his Intention
of rending Into the testimony the statutes
showing that tho Mayor assigned tho com
mitting magistrates nt Central Station.
Charles M. Runner, clerk In Central Po
llco Court, testified that tho only two times
Fifth Ward Murder Plot
JUDGE BROWN EXPLAINS
COMMENT ON BENNETT'S
ASSUMING AN ALIAS
The hoirlng of Smith et al. on chargoi
of conspiracy to murder, etc., growing out
of the Fifth Ward murder nnd aRsaults
during tho primary, was resumed at 11
a. m. beforo President Judgo Cnarlcs L.
Brown. The gist of tho fourth day's testi
mony. Including verbatim publication ot
tho most Important evidence, stenograph!
cilly reported, follows:
Judge Brown began by announcing that
In questioning Lieutenant Bennett on
Thursday ns to why ho had changed his
name, ho meant no reflection on tho Jewish
raco nor upon Lieutenant Bennett. Mr.
rvinnnr thorpunon delivered a eulogy of
Bennett, pointing out that he had lecelved
a medal from Congress for distinguished
Bervico In tho first battlo of tho war of
1898 In Cuba. He was In Cuba three days
before the main American army. Tho at
torney nlso said the lieutenant has other
medals for servlco In tho Philippines.
Mr. Gordon: Whatever was tald re
specting Lieutenant Bennett was Justified
by the position of his counsel, who refused
to permit him to state his Identity. It was
your Honor's right to ask what his name
was that we might know who tho man was
who was being heard hero charged with
this crime. His counsel directed him not
to answer and tell his true name, nnd what
ever came upon him was tho result of his
counsel's wrong advlco.
May It please your Honor, I havo heard
what was Bald about Lieutenant Bennett.
I do not know anything about those facts
'They may bo true. My clients nnd the
men who wero abused nndbrutnlly beaten
at his Instance nre honorable men. mar
ried, with children, and with clean records,
earned by Integrity In this community.
May It please your Honor, I have the re
turn of the subpoena to serve
Mr. Connor It might be interesting to
know who these clients are. Wo have sub
mitted Lieutenant Bennett
Mr. Gordon. I have the return of the sub
poena which wis served upon the Mayor of
the city of Philadelphia. Gentleman, have
you any answer to It? Will you produce
the document?
Mr. Beltlcr. No.
Mr. Gordon. I ask that the Mayor of
the city of Philadelphia he tivorn in re
sponse to this subpoena, or Interrogated at
the bar of the court.
Mr. Beltlcr. If your Honor please, yes
terday afternoon Mr. Thomas B. Smith
was served with a subpoena requiring him
to appear In this court this morning and
glvo evldenco on behalt of tho Common
wealth. We have taken the responsibility ot ad
vising tmj Mayor, or the defendant Thomas
B. Smith here, that under tho Constitution
of Pennsylvania he cannot bo required to
glvo evldenco on behalf of tho Common
wealth In a case In which he Is the de
fendant. Tho Court. Your defense Is that the pro
duction ot these reports might Incriminate
him?
Mr. Beltler. No, sir. We do not say any
thing of the sort.
The Court What other Inference can bo
taken from that?
Mr. Beltler You can draw any Inference
you please. We furnished the copy of the
reports to The District Attorney. The Dis
trict Attorney has thoso reports. If the
District Attorney chooses to mako use of
those copies, he can. We have a copy, and
we nurnose keening that cony. The treat
ment that we have had from the Dlstrlci
Attorney when we gave ono copy to him
makes us quite Insistent 'upon our rights
to retain the others.
Mr. Gordon We do not wish copies. We
want the original.
May It please your Honor. I had this sub
poena addressed to Thorn is B. Smith, Mayor
of the city of Philadelphia. The man be
fore you charged with crime Is Thomas U.
Smith. As Mayor of the city, any records
which he haa In his possession are not his
property. They are the property ot the
corporation of the City of Philadelphia and
must be produced. I will read, your Honor,
the latest authority upon this question.
Tills case was decided in the United States
Supreme Court In 1911, and tho decision
was by Mr. Justice Hugbes.
"The aDDellant held the corporate books
subject to the corporate duty. If the cor
poration were guilty of misconduct he could
not withhold Us books to save It J and If
he were Implicated In the violations of law,
he could not withhold the books to protect
himself from the effect of their disclosures.
Nor Is It an answer to say Jhat
the Inquiry before the Grand JurV was not
directed against the corporation Itself."
Now, In this case, the Mayor of the city
received from the Detective Bureau cer
tain corporate papers, detectives' reports.
They were given to him as Mayor of the
city. The testimony before your Honor Is
that he Is Mayor of the city and now has
those corporate papers, and this subpoena
waa served to compel the Mayor of the
cltv to deliver In this oourt the corporate
papers of the city of Philadelphia. I ask
that Thomas B. Smith be directed to stand
at the bar ot the court to respond to the
mandate oMhe subpoena.
Mr. Beltler. The Mayor declines to give
evidence in thla case.
Mr. Gordon. Under those circumstances,
sitting aa a Justice of the Peace, you have
no power to commit thla recalcitrant wit
ness to prison summarily If you had I
would ask your Honor to do so.
The Court And I would do so.
Mr Gordon. In the absence ot that
power I ask your Honor to bind him over
for contempt of court In refusing to obey
the mandate ot the subpoena, that he may
Pe Indicted and tried for such contempt
The Court I so- direct
Mr, Gordon, Your Honor will make, out
thL pro
proper vaeers later pn7
I ritt wmMk Mw prepr!ty
VBNING LEMEKPHILADELHIA FRIDAY, OCTOBER
Magistrate Harry W. Imber, a Vare fol
lower, sat at Central Station was on the
last two election days.
City Hall was linked up more closely
with the occurrences In the Fifth Ward
when Michael Levin, a Municipal Court
officer, testified that Thomas B. White Is a
son-tn-law of Assistant Director of Public
Works Joseph S, Baldwin.
The six "Frog Hollow" "strong-arm"
men under arrest wero taken to the Dis
trict Attorney's office from Moyamenslng
Prison today, to bo Introduced as wit
nesses. A heavy pollco guard flanked this
fraction of the original gang Rugglero
Falcone, alias Vlncenzo Lconl ("Jimmy the
Flash")! "Straight Louie" Brunclll, Fred
("Whltey") Burkhardt nnd Michael Den
nchy, tho four men arrested In Now York,
nnd Samuel Sgueglla, alias Jack Mascla,
and Henry ill Roma, alias John Costello,
who were caught here after the killing.
Sgueglla fired tho shot that killed Eppley.
A stir was caused In tho courtroom after
tho recess when the six gunmen, nil held
under murder charges, wero brought Into
tho courtroom from their cells. A guard of
deputy sherlfTs nnd a squad of policemen
accompanied the "strong-nrm" men from
tho "Frog Hollow" section of the Bronx
Many necks were craned for a good view of
tho prisoners. '
OUNMEN SMILE IN COURT
Each gunman was handcuffed to a detec
ts c. Thoy wero led to seats In tho first
aisle on tho left-hand side, within twelvo
feet of where the Mayor was sitting, The
gunmen appeared to enjoy the flutter of ex
citement that their entrance caused They
smiled readily when a battery of photogra
phers snapped their pictures. They "took
In" nil tho testimony, making comments to
ono another.
Following tho entry of the prisoners the
four corridors of tho sixth floor of City
Hall, where the courtroom opens, wero
cleared of spectators by the police The six
nri momhortt of tho h.inri of plirhtppn whlrll
"Sam" Maloney, Philadelphia mnnager of I
tho Vnl O'Fnrrcll Detrrtlvo Agetirj, testl
fled ho brought to Philadelphia on an order
mado by Isaao Deutbch, sponsored by
Senator Varo and Congressman Vnre and
with promise of payment by Select Council
man William E Flnley.
Mayor Ignores Subpoena;
Held in Contempt of Court
"T ASK that tho Mayor, Thomas B.
J- Smith," said Judge Gordon,
"take the stand in accordance with
the subpoena issued by tho court."
Former Judge Beitler, counsel for
the Mayor, sprang to his feet and
strenuously objected. He said that
tho Mayor under the law could not
be called upon to testify for the Com
monwealth in a case where he him
self was named ns co-defendant.
"Is it your defense," nsked Judge
Brown, "that production of these re
ports may incriminate the Mayor?"
"No, indeed," answered Judge
Beitler.
"We then ask tho court," said
Judge Gordon, "to bind the Mayor
over for contempt of court and that
he be held for trial on that charge."
Judge Brown granted the motion.
of nn nppcal to tho Superior Court to see
whether ho could not be forced to produce
thoso papers.
PERSCH ADMITS CUSTODY
OF MALONEY'S $1000 BILL;
ISSUED MANY WARRANTS
MAGISTRATE GEORGE PERSCH, who
It was previously testified, was In the office
of Samuel G. Maloney when tho $1000 bill
arrived to bo used in paying oft tno gunmen,
was the first wltnes. In Identifying n war
rant issued by him for tho arrest of 'Bat
tling Abo" Cohen, he denied more than
casual acquaintance with "Constable" Eddie
Abrams, and said his only knowledge of
Abrams's allegiance to Deutsch was from
hearsay. Persch's warrant book, Introduced
In evidence by Judge Gordon, showed that
most of the warrants for tho arrest of Carey
supporters were issued by him and that the
affidavits on which they wero based were
made by "Constable" Eddie Abrams. The
wltneFB, under cross-examination, proved
extremely forgetful as to who filled In the
body of the Warrants, what became of the
money paid for Issuing them and other de
talls. Time and again Judge Gordon called
upon him to spur his memory.
Persch admitted he noticed that most
of the warrants were issued the day before
election, and the following colloquy ensued:
Mr. Gordon Q. When you Issued the
warrants, did you Inquire for what reason
they were Issued the day before election?
A. No, sir.
Q. Don't you know that a large number
of them were election ofllcers and that you
purposely issued them In order to hnve thos,e
election officers arrested on election morn
ing? Not answered.
Q. Wero they not arrested on election
morning and taken from the polls? A. No,
sir.
Q. Did you make any Inquiry ns to why
such n batch of warrants were being asked
of you Just beforo election? A. No, sir.
Q You didn't ask that? You knew
Abrams very well? A. Not so very well.
Q. Why didn't you inquire of this man
why ho was Issuing so many affidavits
charging crime the day before election?
A. I done that In tho regular way thnt all
affidavits come into my ofllce. I Issued war
rants. Q. Mr. Magistrate, I ask you again, didn't
you issue these warrants In blank? A. No,
sir.
Q. There are over forty people arrested
there. Who asked you for those warrants?
A. Well, I don't remember who they were.
Q. Who got tho most of them? A. I think
Abrams.
Q. Did you give Officer Wlrtschafter any?
A. I think he got a tew. I couldn't say.
Q. What about Uram? A. I couldn't say
positively.
Persch gave testimony concerning the
famous $1000 bill as follows:
Q. Do you know Samuol p. Maloney? A.
Yes, sir.
Q. Did he give you a thousand-dollar bill?
A. Yes, sir.
Q. When? A. On September 21, Friday.
Q. What did you do with It? A. Took It
to the German-American Title and Trust
Company,
Q. Where were you when he gave It to
you? A. In his office.
Q. Did you see Mr. Maloney receive It?
A. Yes, sir.
Q. Did you know what It was for? A,
No, sir.
Q. What did he say about It? A. He
said It was a big bill, and he was going to
New York, and for me to take care of it
Q. Did you afterward get it from the
trust company ngaln? A. Yes.
Q. Did Mr Maloney telephone you at
your house Monday night, September 24?
A. Yes, sir.
Q. Did he ask you to mall it to htm?
A. Yes, air.
Q. And you did mall It to him? A. Yes.
Q. The envelope in which you sent this
$1000 to Mr. Maloney from the trust com
pany, did you address It? A. Yes.
Q. The envelope was addressed all In
capitals, In Ink. Did you write It that way?
A. Yea. '
Q. Why did you disguise your writing?
A. Maloney Instructed me to do that, I
think.
Q. What waa the reason you disguised It?
A. I had no particular reason,
Q. But it disguised your handwriting?
A- (Question Is not answered).
Morris Cohv, who conduct a hardware
store at 260 South street and who Is alleged
by the prosecution to have nold eighteen
blackjacks used by., the gunmen In the
ywtk 'Wsw, folIawV' Waitatrat Feteck
, . . '- aV -.
JUDGE GORDON GRILLING MAGISTRATE PERSCH
Tho Jlagistrate suffered lnpses of
become ot
Hearing Told in Questions and
on tho stand. He Identified two blackjacks
picked up by policemen after tho murder
of Eppley na ones ho had sold to two men
two lnyn before election.
"Tho men to whom I sold the blackjncks
wero Americans." said Cohon ; "they were
very nlco men and they acted very politely
They camo Into tho store and noted as If
they wcio In a hurry. My son nnd I waited
on them. They bought twelve blackjacks
at seventy-five cento each, four blackjacks
for fifty cents each and two blackjacks for
one dollar each. Tho Jacks that you Bhow
me hero aro the samo that I Bold to these
men. I can't glvo a good description of
tho men, honest I can't. '
Harry Cohen, of tho firm, corroborated
this testimony.
FIFTH WARD AUTOCRACY
"WORSE THAN RUMANIA,"
TESTIMONY OF RESIDENT
Ilrnjnmln Innntttr, formerly a soldier in
the Rumanian army, who keeps a restau
rant nt 417 Gasklll street, testified to pollco
oppression In the Fifth Ward as follows:
Mr. Gordon Q. Wero you n Cary sup
porter? Did you support Carey7 A. Yes.
Q. Did Sergeant Uookblndcr como to you?
A. Yes.
Q Tell us what ho said? A. Sergeant
Bookbinder ronies Sunday night between 11
and 12, nnd ho said: "Ianovltz, I am a ser
geant " I said, "Yes, very nice." He said,
"Do you know who make mo n sergeant?
Tho boss ; d you know who tho boss
Deutsch." He said, "Tho llehtenant wants
to seo you Monday nftcrnoon about 4
oclock."
Q. What day In August was It that ho
came In? A. It was about the 12th.
Q Did you go to see tho lieutenant? A. I
went nt half-past 4 In tho station houKe.
nnd I found there Lieutenant Hennett and
Special Officer Murphy, nnd they told me,
"lanowltz, there Is a big fight between
Deutsch nnd Carey."
Q. Who .said that? A. Lieutenant Ben
nett. Q. A big fight bctwec.i Carey nnd
Deutsch? A. Yes, "we want you to work
for DeutBch." I promised him "yes."
"Well, como with me in the club," nnd
he took me In the club, tho Deutsch Club,
Lieutenant Hennett nnd Special Ofllc r
Murphy and I went there in tho club and
they looked for'Deutsch downstairs. They,
dldn t find him downstairs nnd they took
me to the second floor, and found him there
on tho second floor, Deutsch, nnd they
gave me a chair. He Bald, "Ianovltz, I
want you to do something for me, to work
something in politics." 1 nnswered him, "I
am not a polltlclaner, but I could ote for
you." "Well," ho s.tld, "No, I want some
more from you." "All right," I went home.
In the evening he enme IntD Rosenbaum.
Q. When, the samo day? A. Tho same
day. In the night, with a paper, Rosen
baum nnd Hnverick.
Q. Rosenbaum and Hnverick? A.
Haverick, Ed
Q. AVho else A. Haverick's brother-in-law,
I don't know his name. Ho showed
me a paper to sign.
Q. AVho showed It to you? A. Rosen
baum, to get me to sign a paper. I otked
him what tho paper was. He tnld, "1
want to move the petitioner's polling plac$
from Bush to another place"
Q. They wanted to movo the polling
plnco somewhere? A. From Bush to nn
other place I answered I couldn't sign this
paper becauso Bush Is a vory dear frlond
or mine nnu i couia not go ngalnst him.
"Well," ho said, "wo will send you In
prison If you don't sign the paper. Didn't
you promise today nt tho Deutsch Club
promised him you will bo with Dcutsch?"
"Yes hut I cannot sign no paper." Then
I went out. After about 9 o'clock there
came to mo a boy from the Deu'-ch Club
ana torn me mat ueutsch wantrj to see
mo In the club. I camo there and homebody
there Bald, "Deutsch Is on the second floor."
I came there on the second floor I found
Lieutenant Bennett and ho took mo on tho
third floor. There was thero a man named
Goldstein, who keeps n storo on South
street He said. "What Is the matter, Iano
vltz, that you are against us?" I said,
"No." "Why didn't you sign tho paper?"
"Well," I told him, "I couldn't sign tho
paper because Bush Is a very good friend
of mine and I couldn't go against him."
"Well, now, you say you will promise me
that you will do anything for me?" "Yes,
I can do nothing because they aro all cus
tomers In my place, part of Carey's and
part of yours, and I couldn't mix In pol
itics business, It will ruin my business."
Q. You said n part of your customers
wero for Carey and a part of them? A.
Yes, and if they saw me mix in politics
I would lose my business. The lieutenant
said, "Aren't you afraid I would close up
your whole business?" I told htm tho whole
street was wun tarey, tne neighbors, and
If they saw me work open for you and
against Carey It will be against me. The
lieutenant said, "If you aro afraid of tho
people through the neighborhood I can send
you four officers to protect you in case they
do anything to you.
He says, "Go on. we want to do some
thing," I bay "No, I can't do anything
m "' nSJWr a vote for yu. that's
all." "Well, I show you what we do to
you."
Q, Who said that? A. The lieutenant
Saturday night there camg a sergeant with
the officer and he searched the place
Q- Yh?n ?l" thB omcerT A' " was a
colored officer.
Q. Do you see a colored man there (point,
lng to defendant Hayden)? A. Thla was
the second week.
Q He was not that first one? A. No
There came an officer there and aearched
the place. The -sergeant give the orders
lo the officer to str.nd there In the place,
'"" un i uw puuw, ana nnauy an onl
I cer comes there, 'nod when the customer
cre to thettftWVfce 'u tbara '--'--'-
191T
. ;,;.
memory when questioned about wnrrants ho had issued and what had
tno money paiu ior inc issuing ui. uu.-ou
over by tho tnblc what the customer cats.
Tho customer asked me, "What s tho mat
ter? What took placo here?" They couldn't
stnnd p. They paid their meals and they
leave. They said. "Wo won't Btay here
when wo Bee tho cfTlcor there."
Q. How many customers Bald that? A.
It was about twenty or twenty-live.
, How long did they stay thero? A.
The customers?
Q. No ; thoso officers looking at tho cus
tomers? A. Ho came In thero every fifteen
minutes, came Inside and stayed Inside, and
stayed about fifteen or twenty minutes, and
went out nnd camo back Inside, and stand
oulsido. Sunday morning he brings tho
same officer nnd put him on there in tho
same place by tho door, and was gllng the
same order, the Bamo ofllccr. In tho nftcr
noon they bring another officer. They
chango them always, nnd bring another
officer. Finally 1 ask tho sergeant what
they havo put hero ofllcers. "You are spoil
ing my business, nnd If you got any war
ran', lock mo up nnd arrest mo and put ino
In Jail. You will spoil all mlno business."
Q. Who did you say that to? A. 1 to.d
tho sergeant. My wlfo says, "Well, It Is
lwlltk-s." Tho sergeant Fay, "Well, If you
know It is politics why don't you fix It up.
You know tho boss Is Deutsch. Deutsch
gives tho order to the lieutenant, tho lieu
tenant gives tho order to U3, and taUe away
the quarantlno from your place."
Q. Then this was u quarantine they had
on our place? A. Yes.
Q. How many days did they keep that
quarantlno up? A. About two weeks.
Q. Did they paste up unythlng on the
A No.
Tho Court Q. You said the sergeant said
Deutsch would speak to the lieutenant, and
the lieutenant then would take the quaran
tine oft? A. Yes. ' ,
Q. Who said that, the sergeant? A.
Th sergeant. 1 went out; 1 seen Rosen
baum standing outside. When ho seen a
customer coming In ho gives an order. I
boo customers going in. Tho olllcer he
called me nnd he says:
"lHiiolt, tliU In only A sample for you.
It will be wcrn tlmn Hint. Don't you know
you mut be ullh the pollre? Nobody run
bent the police. The, Mayor In with the po
llre. Wr got nn order from the Mtior to
get till I'lftli Wnrd. If nu u' e ngnlnxt
um you ee jou lone nil 3 our lireiul nnd
butter nnd we nrnd you to Jnll, too."
Tho middle of tho week I went on South
street. See a couple of friends there. Thero
was a man by tho name of Auerbnch, ho
was with Deutsch. I nsked him if ho -can
do nnythlng for you. After I camo back ho
met Llcutennnt Bennett, and Lieutenant
Bonnet Bays, "I can't do nothing. You
will have to seo Deutsch." Next Saturday
this olllcer here came.
Q. Which one? A. Iltyden.
Q. Tho colored man? A. Yes. He was In
citizen's clothes. Ho came there, Inside,
and called me out and says, "lanowltz, como
here In the yard Why don't you go and
fix up with Deutsch? Better go. You will
find there Deutsch nnd tho lieutenant." I
refused to do it. Ho said, "Well. I havo
to stnnd here." A couplo of customers thero
was besldo me says, "Why don't you throw
him out?" I says, "I can't do It because ho
Is an olllcer. I can't do nnythlng." Well,
you see, ho was sitting by tho table smoking
a corn pipe.
Q. AVho A. The officer. And they put
their feet on tho whlto tablecloths on tho
tables, this wny.
Q. This Hayden? A. Yes. Tho custom
ers Baw them and they couldn't Btnnd it
They all left the place, nnd I lose nil my
customers.
Q. You'lost all your customers? A. Yes
sir. I pay the rent only for nothing there'
Q. Did you try to commit suicide? A
Yes.
Q, AVhen? A. Thnt night when tho ofn
cer wns there. I looked for a gas pipe to
take gas. I couldn't find tho gao pipe, and
I took a. glass of vinegar, a tea glass of
Yini'Knr.
Q. Did a doctor attend you? A. He took
me to the hospital. Then they brought mo
back to the station and put mo in a cell
and In the morning I heard a hearing. '
Q AA'hat did they do then with you? A
They discharged me.
Q. AVhero wero you born? A. Rumania
Q, Aro you a naturalized citizen? A
Yes, sir.
The Court Q. Did you ever have treat
mrnt or Ibis kind In Rumania?. A. Wlmt"
Mr. Gordon q. Were you ever Created
that wny in llunmnln? the Judge nays. A
No, ulr. "
Mr. Gordon If your Honor please, that
Is a diplomatic question. You mny cross
examine, gentlemen.
The Court Before the cross-examination
proceeds, I notice that the doctors who
wero appointed by the Court are here and
ready to make a report
Doctors HOBART V. HARE, CHARLES
POTTS nnd J. C. AVILSON. who were ap
pointed by the Court yesterday to examine
timiu nennior xuc.-sicnoi and determine
whether he was physically nt to como In
court and testify, reported to Judge Brown
that the Senator wm a very sick man. and
that It would take several weeks before he
could be expected to leave his homev
AVhen the hearing reopened at 2 o'clock
Ianovltz wns recalled for cross-examlna'-tlon.
Questioned by Mr. Connor, he told of
a visit to the Deutsch Club when, he saldf
Deutsch and Bennett urged him to work
against Carey. He was unable to name
more than two customers who saw police
men put their feet on tho tablecloths He
""ui "', nu iounu out their namea
AVItness denied he telephoned for a reoortar
before attempting suicide. w
WILLIAM IL SIIUMANN, clerk for Mag.
i trate Perch, waa sworn next, and was
closely questioned by Mr Gordon regarding
the system pf accounting In the magistrate's
i fllce. He said yie only record of the n
celpt ot costs was the docket and a bank
book, Mr. Gordon wa especially anxiout
to learn how much "Constable" Abrams paid
for the eleven warrants he receiver h. n.,
pefow the prlnAry and what became Of'thef
..j-.y.xfMWaaMy--i-WCT
. -W
wuuuma.
Answers
Tho clerk admitted that Thomas AVhlto
w.T3 permitted to fill out several warrants.
Mr. Gordon sought to prove that AVhlto was
related to a City Hall official, but after
objection by Mr. Connor, desisted.
Charles M. Runner, clerk nt Central po
llco station, was then sworn nnd testified
that Mnglstinta Imber Biit there on prlmury
d.iy. Mr. Gordon called the attention of
the Court to tho fact thnt It Is tho Mayor
who nsslgns tho Mnglstrato for Central
station.
Mr. Gordon then olitnlned permission of
tho Court to bring tho six prisoner-gunmen
Into Court, so that witnesses might Identify
them.
Michael Levin, n court officer, was then
called, and testified, desplto Mo. Connor's
objection, that Thomas Whlto Is n son-in-law
of Assistant Director Baldwin, of the
Department of Public AYorks.
GUNMEN BROUGHT IN COURT
At this point tho gunmen nre brought Imb
Court nnd Inilentlflcil by Mr, Tnulane, after
which the following occurred:
Mr. Connor. May I Inqulro whether
thee men are hole now, chat god with tlio
clime of murder, have had counsel appointed
for them or not? I understand this Is a
light which thoso defendants have, at,
probably ought to exorcise beforo nnjbodj
Interested In this case holds a conversation
with them. I understand that counsel in
this case Is now engaged In talking with
them, nnd they should bo at least apprised
that they havo the right to petition the
court for the appointment of counsel.
Mr. Gordon. A'ou do not represent them?
Mr. Connor. A'ou do not represent them
any more than I do. I did not nttempt In
nny wny to talk or convcrso with them.
Mr. Gordon. I have.
Mr. Connor. But as a citizen. I nm in
terested in tho law being enforced. I do
not know them, but they havo a right to
havo counsel. I never saw them beforo
today.
Edward V. Greaves, assessor of the rec
ond division, Fifth. Ward, then took tho
stand and accused Policemen Uram and
Fcldman, of the Third and Do Lancey
streets station, of attempting to Intlmldato
him Into assessing several negroes from a
certain houso desplto tho fact that the
proprietor of tho houso said they did not
llvo there.
Ho also told of an encounter with Urnm
later, us follows:
AVo started to tho Flnletter Club. On our
wny out Spruce street a foot shot out In
front of mo I looked around and 1'iam
Bald, "What nre you looking nt you " and
used a ciy vulgar expression. 1 said,
"Nothing." and started across tho street.
As I stepped off tho curb ho punched mo
i was about to go back, Jiut Levin said,
' Hold you head."
Court adjourned until Monday.
RABBI RESENTS JUDGE'S
WORDS; AN EXPLANATION
Dr. Krnuskopf Replies to Re
mark From Bench BroAyn De
nies Reflection on Jewish Race
Rabbi Joseph Krauskopf, of Kenesoth
Israel Synagogue, ono of tho most cmlnont
Hebrew scholars In this country, took ex
ception to tho remarks mado by Judge
Charles L. Brown about tho Jews In the
Fifth AA'ard murder conspiracy case yester
day. He resented tho statement of Judgo
Brown In which tho lattor said that the
lowest typo of Hebrew sometimes assumed
an Irish name to commit ci lines that no
Irishman would commit.
The remark was made after the Judge
asked Police Lieutenant David Bennett for
his real name, which 'the Judgo believed to
bo Steinberg.
"I do not know Pollco Lieutenant Bon-
nctt " said Doctor Krauskopf. "Neither do
I know that ho Is a Jew. But I would like
to answer Judge Brown's statement by re
ferring him to the records of tho criminals
confined in the, penitentiary. Let him com
pare tho percentage of criminals who pro
fess tho Jewish faith with thoso who do
not I am satisfied that ho will And the
former very much in the minority.
"Upon arriving in this country, they, hav
lng no conception of what freedom and
tho privilege of citizenship really mean,
fell Into the hands of petty politicians who
used them to their own advantage.
"A lot of cur own people fall Into the
clutches of these petty politicians and do
their dirty work."
Judgo Brown, from tho bench, today an
nounced that his remarks yesterday after
noon had been misconstrued. He said:
"My remarks yesterday afternoon were
misconstrued. I liad no intention of criticiz
ing the Jewish race. I havo all my life
been a student of the Bible, and I wouldn't
for anything In the world cast a reflectioi,
upon the Hebrews of the city or of that
raco In this country. Unfortunately, every
race In this world has ofllcers of the law.
THOUSANDS WATCH FIRE
FOUGHT AT LOFTY HEIGHT
Thousands of persons In the streets' tod jy
watched four men who are working on the
statue of AVltllam Penn fight a fire which
had started In the scaffolding built nrouni
tho Jtatue. AVhen the Are, which was
caused by a defective Insulated electric
light wire, started, four of the six men nt
work atld down to the base, ducked In the
windows and procured bufkets of water
They formed a chain and passed the water
up to their comrades, who threw It on the
scaffold. The men looked no larger than
" iiiJ went jiooui putting out
VARE GETS PHO
CALL FOR $lfl
"Miss Sullivan" Asks fft
Money to Get Brother to M
San Francisco
SAYS "PART OF FRAME-Up'
Burns Detectives Learn Woman1
Identity and Take Her to Head
- -quarters in Chicago
A tlngo of mystery was added to tk.
"Bloody Fifth's" controversy today, whtnV
wns learned thnt Senator Vare had bMj
requested by n Miss Sullivan, of ChtMfcJ
Sj wire, her J100, In older that her btolW
might get to San Francisco. I
Tho mysterious Mls-i Sullivan made u,,
request by long dlstnnco telephone. 7A
Senator told her ho did not care to httia
ntivtlllnif In rln with oIIViam v...- . jn
" " " " ...... w m.r 0. K-rsi
brother, nnd Immediately Informed CaMia3i
of Detectives Tnto and District Altom.Ja
Rotan of tho matter. '3
In commenting upon tho mysterious caS
today. Senator A'nro said, "One of itijl
im nn iifuitj n iiiun wns in lny oftleij
when tho call came In. After a great itt9
of troublo I got a clear connection and 1
listened to the strnngo request. The Burns 1
man who was bete managed to troce thi i
unit nt.,1 l,nn,mlln(nlll .., Ik . ... (. ,.. 9
., ..in. iiiiuivutaiij hu- in luucu wun the
agency s i nicago oiuco iiurns agents then
located the woman nnd took her to heaj.
quarters, where I believe she is undit
siireiiimicc, niinougn i naven t ncara an,
thing moro about tho matter "
Asked how ho could account for thti
strnngo call, tho Senator said, "It's Just
part of tho general frame-up stnrted by-!
Maloney and his advisors, which will bC
disclosed later "
Floyd Kmory Goodrich, tho man arrestej '
In Chicago becauso ho resembled the mlli-i
lng Slikc Sullivan In a general way, waa '
released today by the Chlcigo police, icA
coidlng to Captain of Detectives Tate.
The Detective Bureau learned this after-,;
noon thnt tho woman who telephoned Sen
ator A'orc wns Mabel Hedges. It Is Bald'
thnt she went to Chicago from Philadelphia.
In order to clear the mystery surrounalnjl
her, tho local detectives aro questioning
all persons of tho nyme of Hedges llvlnc In
Philadelphia. ,
Girl Held for Jewel Theft
Victoria Kuczmarek, seventeen years oM,$
of 20 Norfolk street,- New York, was held
to await requisition papers from New York 1
by Mnglstrato AVatson nt tho Central Sta-
tlon this morning charged with larceny of f
Jewell y valued at $2000. According to I
tho New Yolk police, tho girl was employed
as n servant by n family In Flatbmh, '
Brooklyn, nnd the Jewelry wns missed when '
sho loft the employ of tho fnmlly.
, )r hrnre1
SECOND FLOOR
KUnltr
.'fi 1H Mitfr
or Main J
MfiMC
Women's
Smart loofs
Knslli-h AVnlklnr
with New Mllltar)
lirrlx. In Havana
II r o r n. Gun
Mctnl Calf and
Illnrk kid)
l'enrl (Irey,
H n v n n a
I r n w n.
riinmpagnr, Iinry, I!rmu, Tnn ltu-
Inn Cult, 1'atrnU, (Jun .Metal nnd
Glared Kid; Wilted and tltchfd
Miles; Mies 1 to S unil A to li In Ibe
assortment.
'$D8t$5.95
.. OTHER
Msoon
styi.es
Women's Satin $ Q
Parly Slippers JL
long Anmpft, lllcli Trench heels I la
I'lnk, nine, AVblte and llteck; ilifi 1
In 8. A tn K.
2000 Prs. Women's High Cut
l
w r.
All the wanted
shades and in while.
3 Stylish
SeES
Pearl Gray. Kid,
Gun- Metal. English
Walhiwr. Calf But
ton, also Patents,
II il o Mrtnl nnil
ltl,i1r fltnil ICtdt
welted nnd hlltflitn
note all Hlzen nnu
A to I. in
nminrtnient;
$2.95,
Children's School
Shoes
Gun Metal and Pa
tents, right shape
last; sizes 5 to 8.
Sizes $1 rn Sizes 7Q
8', to U1.3 UVi to2yl'J
Boys' School Shoes
Gun - metnl cnlf
Hluchers, double
vlscolized soles ;
sizes U'j to 13 V,;
1
69
and 1 to 5'2, at $1.98,
Welled
olem Knir
Hull, medium
ud brand toe
ftlinpeei all elye
nnd to K wide.
u titer utyl4i
feiaIii
v j
H
9i
I T
a'
Vl v
Smim
H8e
I "Jl
Mk
Frv Men's Shoes
i " oc tan' gun"
I ' V n,etn' Cfltf Pat
f v Vent and black kid.
IN W3.95
f
W . - .iif i,
V- " ? . wy 1
i .) ' iL
I'M
n j -o. . '
K V i.Ts
(.
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f r . - 2- . ' r