lV &i v V "''i: r& .' EVENING LEDGER-PHILADELPHIA, WEDNESDAY, OCTOBER 10, 1017 ' NAVAL BATTLE ON, RUMOR ASSERTS "Desperation Move" by Ger man Fleet Believed Under Way ALLIES ARE PREPARED DEFECTIVE CAPTAIN SEEKS TO SHOW McNICHOL MEN "FRAMED" THUGGERY THEIR TESTIMONY CONFLICTING 'NEW TORK, Oct. 10. The Herald today prints Slit following: "Tim United States Government Is mo-mentnrllj- expecting cable messages which will relato to a naval operation of trans cendetu magnitude In or near the North ttea one of such Importance that the whole aspect of the war tnay be changed. That Is the Information that has come , the Herald from a high and unquestionable authority. There Is reason to believe that the long expected "desperation move" by Ger many has been started and that It Is being resisted with all the power that the great fleets of the Allies can bring Into pUy. "The American, llrltlsh. French and Ital ian naval forces aie fully alle tr the world Importance of the operation now In progress. "At this time, when olllclal news has not been receded. It Ih Impossible for the Herald to state t'M thc.ileiman grand tleet. which has beer In course ot preparation since the war ocean for a final engagement with the Allffs. has left Its baso to give battle to the Allies. N'or Is It possible to slate that the Allied fleet has driven 'the rat from Us hole' But It l. possible to slate, upon the Infor mation In hand, that a grave matter of the utmost l'imortatice--one that may change the aspect of the whole war -Is occurring. VrVHl'strategists hae expected one of two s UiMlizltiR that her submarine can or frlKhtfnli't-ss was falling, tier- lnft , 1,-cn expected to send out fast crin i In the hope of S' It ins some of them by the blockading fleet and then attack all iiierclMiii and transport shipping that can be found. The alternate move by Ret many, s anticipated by the Allied stvateglts, would be to send out her grand fleet for a final battle with the Allies." WASHINGTON. Oct ll. Vagpe report that a gigantic naval action In which the German Grand Fleet will meet the Allied navies of Great Iliitaln. France, Italy and America In Impending received no ronflrtnattnii at the Nay Department to inv. Nual oftlcials said the had no dis patches on vrli'ch to base uch a .oncluslon, but admitted that th" repo might pos slbly have some foundat'uii in truth. revolution daughters welcome e. .1. cattell Fhilailclpiiian Addresses Convention at Al'cntown us Representative of Ho vcr Metjre From Smith AKl.l'.NTtlWN. I'M.. Ort. 10. Toda.x 's eslm if the I'ciiPKvivanla Daughters of the Am-rlcHU Itfv.ililllon lasted until far In o fie iifttrnomi. beiunse they waited for I t r.ittell. if Philadelphia, who was dela. l in ills airlvnl In Alleptonn. Mr. r'nUe'l came hi'ie in Hie representative of Mr Iloovrr to HpcaU to the Daughters on food conservation. White they waited for him. reports were reci'tert from committees and , chapter regents. Mr. t'attell got s gieat welcome, Liberty Hell Church being crowded with men. as well as women. He spoke mostly In parables, and told one story of how thirty acres were lying fallow In Phila delphia, while the people sent luOO miles for Vegetables that might be grown there. Tile punch In ills tall; was a decimation that the people nt America ought to take advantage of the blessings showered by Providence on this land and Us inhabitants. JUDGE DOUGHFKTY'S WILL TILED The will of the late Judge D tVebater Dougherty, 212S Spruce street. : i probated today, leaves on estate value-: at $40,000 to the widow, Anne Vi:!ci Dougherty. Ill's. Diugherty is also naiii"d as executrix. Other nil's probated were tlmsu if WIlHani I., ltoblnson. i.lanerch. Pa., and Kate A. Hughes. lit Kit School House lane, which dispose of pri'irty lined at $15,C00 and $7300. respecitvey. Appoinltnents at City Hall City appointments b day include Joseph A Walsh. r4S8 Chestnut street. Inspector. Tlure.iu of Highways. MOO; William H. Jtoor "" South Kl'ty-lj.th stieet. chain man Oeparlment ' Transit. $600; Wflliain Mulllii. 507 South Taney street, and J. Wayne Mounce. "0.V.I Hast Thompson t, nlltler'. Department of Wharves. Doc'i- umI Kerries. l u day each; Daniel Snyder Sim North Pieston stieet. appren tice. Uureuu i.f Surveys. $48i: James Hell. 3061! North Tenth street, and Frank O'llara. 20) Wolf street, inspectors. Department of Wharves Decks and Kerries. $100 each. Quartermaster Enlistments Local headnuaiters of the quartermaster enlisted reserve corps reports the following enlistments: Craig A. Turner. 6". South Fifty-fourth stieet; Francis II. Maloney. fill North Fifty-second street ; William Hen "r. Jr. '7'!i s:. Paui street; Walter V. Mleson, Narherth : Albert S. I,ehr. GiSO Snyder avenue ; Christian Goodman. 86!i North Farson street, and Itaymond K. Telchmun. Collingswood, N. J. TODAY'S MAHKIAGE LICENSES luih at . anil Mary St.. nut! Anna , ami Klizabeth hiimaa H l.llnali, 'J.11B N ilirtale ?nt N. sntn at. Vlllluni II. SVItser. 70 Merer Klc'.ter. U43 Csiitrell at. .Ili hx' W'nlilrr. ISM Oadrn it i-eirya, u-n rainnnum ae Pet 'liarJea J. McDunaM Still Cl.rntUn at., and Mnrlon Slurs. :H..i,H.iwHrd si. Hatlilaa Antaullam. -M". St. Aui-rlc.ui at., unit Josephs, flukonia. :.' It .'. ltanUulph at. James II. Prltchett. Sims llmlner at., and Jo sephine Martin. -OS! n.lner t. Hiram l. nichartlaon, IMI I'lne at., and Flor ence Juhnaon. Brldci ior. Ala. Raymond J. Hmllh. New Vork city, and 121lsa lietli pood. New York lit). Ixials Klminelmsn. '1401 . ,-ilh at., and Hade Myeraun, ImiA N. Htli si. Jaekaon llnrrl. Iitnt V. Thompaon at . and Marthu Hurler. 141.-. X. Watta at. WilllAin Wslker. is-:" Kater at., and Eva I'ronufelt. L'4tU South at. Ulllsry Itublnaon. SO'.' II. Mwjhanlc at Krnea .7lb at., and Clan tid t.ucv Plnkott. I'O Klv at Clifford J. eiuitt. St Mary's. Pn.. nnd Cath erine II Flawing. Hi Mao's. Pa. lupin-1 Yanrv. It.fj n 'wood at., and I-ottle Parker. 1T8.1 Befjchwood at. Cliarlea Hlavenaon. It Y. lhompaun at., and Alice I it, Jint N. l'hllln at. Mamuel Lrner. tiOo N. 4lh at., and Fannie Upat'ln. J.'.OI H. lltli at. Ctmrlea K Kgpp. 5R04 Wealminatar in., and Clara K Htainhaua, 52 1 8 Ilarlan at. IVllliam M Bailey. lS''J Mountain at,, and Mamie liaan. I HO i,-'i-rl"e at. i:iUm Mi'hsnbncber. st)"J liarmuntnwn ava.. and Vera K-H. 47tJS .V 3d at JarrM IMrkel. -IBTii "iiiaiiiik Me.. and Minerva Wtbatrr. :) B. lU'ipbl-i at. Howard it .Homier. 441' V lxtli St.. and Kind Johbaon, 1914 Kuvrau l John J !!. Unn " i Ur-eca ate., and Anna t'. Hueaton, H21Z IVrnon at. Cbariea A Hums. itSi:! Kanaom at . and Katb- ryn iiurna. nuj invrraou ai. it, jnariin. 14411 e. mm. inn n "inn at. John II. Jaffa. 1JJH V. All-rttny .. and '.elm I5cnwetiier, S4UW n. nitn at. Chriatian II. Wlf.on. nf.4 N. loth at., and . Marlon Love. SlUttX. isth at. Frits Sumnlek. Jersey Hty. N". J . and Freda .ei-ller. 1 01 N r."tri al Ailnm Kendra. ImjK N Darlrn at.. uikI Anna WaHcoaaka. ItttT Juniata at .Ti,riino J. Mrt'abe. 11120 H. Koaewoud at., and Hannah A. McLcflna. ST!lt Cbaatnut at. William 1 Ivinantsn. "ISO Queen at., and Mary Ilerncork. JTSl Kdwln at. Walter 11 Olbba, llMR H. v.'d at., and Ploreni V. Kalnka. let) ", Mharpnaik at. AlUrt ' Hltnpaon. nt-M Oakford at., and llin- nh llohloeon 1!(. '.Kth at. EdvIC M. Uurns. 211: . Warnoek at., and Klisuibetb I., titration. Ill Jaokaon at. bmbiimI I). Waters, 92 H. lath at., and tltorsU furnall, JJ 8. llh t ..WMIlam Flarrett. Tu H. lttth at . u1 Utrlal ,v yo, 70a S isth at Yi4Ln 'Lr--rb. jma Ilrandjin-j it., and Anna L'aWeMiea. VVantik. 4'.'0 irtepirtra St.. and Mar- JU at lUvtr, T4I K. tlntarlo at A. t'oe'a. 1; h. h. iermanutrn Meat Ifff?. 443 V. J 'ieortje A. Martin. Jr. 241 du Pon' in 4'rnnm'K. nun ivr.n tB. vionrn. s i 4W llaHo-d, or. 1'errlt trn ave at nsni' d s' and il.itlle and Jeaaie V and it. and up t'P. CHionrn. . ii'.ain TfcaMUMwn las.i Parriail at .-i. i naaa, 19m pi: sun at wnrvu! VI ami uarv fUe..Jltlk On MksttkL ' KtetfAMBEi AH -."'' MV - 4 pWf .fr-' If V.A.jaeaai. MIIL9' Contlnoed fram re line log for District Attorney Itotan, he said the prosecution has completed Its case, but he reserved the right to call additional witnesses. Aigument of counsel for the prosecution ami defense will begin tomor row, ntter which the court will decide whether or not sufficient evidence hns been presented to warrant holding the de'feudauts for trial. Hearing marks of the long strain tinder 'which they have been placed, the nlno de fendants: faced the seventh day ot their hearing this morning at 10:30 o'clock when court was reconvened by President Judge Chat lea I. Ilrotvn In the criminal branch of the Municipal Court. The nine accused men aro Mayor Thomas 11. Smith, Kxccutlve Director William K, Flnley. of the Republican city committee: Common Councilman Isaac Deutsch. Police Lieuten ant David "Bennett" ffttelnberg). Special Policemen John Wlrtschafter and Michael Mutphy and Policemen Ktnatiuel Cram. Lewis Feldman and Clateme llayden, tho negro. Kach Is accused of conspiring to commit murder In connection with the death of Act'ng Detective Oeotge A. Cppley by Imported New York gunmen In the primary election of September 15. The prosecution sprang another big sur prle when former Judge Ooidon called the name of Clara Freeman, of Atlantic City. There was u buzz of voices through out the courtroom ns she took the stand and said thai fsnne Deutsch. his wife and child were tesidenls of her home during July and August When quiet was restored she began her testimony of conversations she oierheard between Deutsch and Lieutenant Kennclt, who. she said, frequently called and con ferred with Deutsch. dkctsch pnmncTim mchukii Due evening, she said, she heard Bennett and Deutsch talking about two men. one of whom was with Deutsch In the political fight in the Fifth Wald and the oilier was with Carey She said she heard DeuUch nay theie was no i-hauce to tt In I'aiey's siippotter. but thai they would "lock him and ills gang Up on election day Later In I lie name tnnteranthm lif heard lleularh aa.v to llennelt lliat "Ihere will lie tnnrdrr In Hie ward yet," At the word "mnrder," alie aabl, be heard .Mrs. Ileutach weep and ayt Mill I Ike, llilnk of ine nnd your elilld." Mie aald she beard Ileutach and llennelt ay In aeveral cnineraallona thai they had "Hie. Adinlnlilrullun back of them." -Mike Hngdonoff. secretary ot tho Deutsch political club, was present with tlwni on one occasion, she said. mi cioas.examlnaUoii, Mis. Fiteman as serted Hint she did not want to testify In tills case and that she had iml told Mr. Gordon or District Attorney llotati her slory until they found nut that she knew It. She also gave damaging testimony under cross examination. I the effect that another woman who lived 11e.1t door to iter at :2 llygela avenue. Atlantic City, lieatd Deutsch say there would "be. minder yet." She also testified that llennelt lei.tinl live doms fiom her home, mid that she had told her father. Isaac Freeman, as'in muse avenue, about the statements of Deutsch, and It was evidently through him or some one present that her story i cached the prosecution. TATE 1'1'T N STAND Captain of Detectives James Tale was called by the prosecution ns a witness at noon. Willie Tate was on the stand another "bomb" was. exploded when It became known that the District Attorney's office, late last night took Joseph Mulhall. who Is awaiting trial for assault and battery. and who is a fugitive from justice in (-am-den. out of Moyalnenslng ptison. Tills was done by Hie District Attorney's nlMce after information bad leached them that Cap tain nf Detectives Tate had petsoually called at the prison a few days ago and had questioned Mulhall about the Fifth Waid case. Captain Tate was asked by .ludi;e liotdon to explain his visit to the MoyaniensInK Pilson and his conversation with Mulhall. and he described them as follows: "Recently I lecelved infoi illation fiom Lieutenant of Detectives Ktuamiel that a man named Joseph Mulhall. who was In the Movainenslng Prlron awaiting trial, could throw some light on the Flflli Watd case. I went In the pilson and bad Mulhall brought Into the office of Supeilntendeut Cook, vvheie 1 questioned him. -Mulhall told me that some time In the early part of June or July, while he was In a saloon al Sixteenth street nnd Fail mount avenue, he met a man named Claik. Later Mul hall Identified this man Clark as Jim' Clark to ine. Mulhall told me that CInilt told lilui away hack In June or July while iliev weie in the saloon that tlieie was a chance to make some money down in the Fifth Ward on election day. and that about $1000 would figure in the matter." tmOlCDT MILIIALL FP.OM PP.ISON Captain Tate being grilled further by Judge Ooidon, admitted that he had In terviewed .Mulhall without the knowledge of the District Attorney's ofilce. or that he had never made t report to that depart ment f the Interview wtlh Mulhall. AVhen he was asked by Judge Cordon whether It was true tint on one occasion he had i,.miit Mulhall fiom the county prison to the Detective lluieau. Captain Tate ad mitted he had. Judge Coidon asked ( aptaln late whether he obtained any coutt permIsnlon to bring Mulhall to the City Hall and Cap tain Tate said "No" "How did you get Mulhall up to jour office'."' asked Judge flordon. I saw Mr. Flaherty, clerk of Quarter Sessions and obtained an order from him to ix-ino- vruiliall to my office " Mulhall Is now in the custody ni.i.lni Attorney: office and will so, it was announced WILSON OllULHKD MALUXKV AIUtKST Ti lo&ttmnnv of Captain Tate also dis- I closed that it was Director of Public Safety f Wilson who oidered the arrest of Samuel C, Maloney after n nau necunie mn mu witness for the prosecution. This was brought out by Judge fiordon. Who grilled the Captain for at least forty minutes. Questioned by Judge Uordoli as to who was present when Director Wilson .re.l that a wariant be sworn out for Maloney's an est. Tate replied: "There were tbiee of us Dliectur Wil son Magistrate Watson and myself." "Weren't you In conference with tho Mayor's lawyers before Ihe arrext of Maloney M decided upon'.'" asked Judge tlordon. M , . . William Connor, one of the counsel for the defense, objected, And almost shouted t I'aiiialu Tate not to answer. Judge Hi-own. addressing Mr. Connor, said that In view or ine sensational evi dence that has beeSi dUdosed In court dur ing the last six days, and that In view of the fart that millions of dollars belonging to the citizens of this city were being spent by the clty'a officials In the administration of the city, he thought that the witness 4 ought to tell everything, ami lie refused to grant the objection. TOLD TO SPAIIK NO KXPtlNSK Captain Tat replied that he had not consulted with the Major's attorneys. Judge Gordon's next question to Captain Tate w whether he bad consulted with Congressman John It. K. Scott about arrest ing Maloney. Captain Tate replied that he 1,0.1 mil i-aiiaulted with Kcott. On one occasion Director Wilson told him to spare no expeuse In getting to the bottom of the Fifth Ward cate, Tnte testi fied. The prosecution. It became known today, his obtained Information that the Detective Bureau was preparing to arrest Maloney 011 another charge while the latter was out on ball. Judge tlordon asked Captain Tate whether It w true that Detective John Duty had In hit possession at the present time a warrant accusing Maloney of another offense "Not that I Vpovr of answered Cap tain Tate. No ajTwl ( mad by any of the forty MVaaj eaiawaw iw iw qrtlsl ftM rrtaMaty tlecllon da)', warTthe testimony of tho head of Ihe bureau. It was Lieutenant Ilennett who made a request that City Hall Detective Hairy Clark, brother of "Jim" Clark, bo put In charge of tho City Hall detectives In the Fifth Ward, said Captain Tate. MULHALL CONTIIADICTS TATT, The testimony of Captain Tate, accepted by the prosecution an possibly part of the defense's strategy announced by State Senator Kdvvln 11. Vnre of ptovlng the murder plot charges n gigantic political conspiracy, was followed by the dramatic Introduction of Kdwnrd Mulhall himself nn a witness. The prisoner, called by tlordon Inline' dlately after the detective chief bad left the stand, was brought Into court handcuffed to a prison keeper. Mulhnll's story denied Captain Ta'es ac count of their conversation, lie said he was taken from u cell lit MovamenslnB prison the night liefnm last to a loom where Captain Tate was waiting foi him 1 npt.vii Tain told him. hn said, that " !" what Is going on." Tate, lie testified, then naked I . '.oilier he did not meet "Jim" ClaiU in a saumn at Itldge and Fulrmouul 11 venues and whether Clink did not offer lilm $liinn if ho would bring some "stioim-arm men over from New Voik for election purposes lie declared that he could not remember whereupon Tate assured him that 'his win help you If you tell ine." .Mulhall said ho admitted to Tate iha1 lie knew "Jim" Claik and his bioihei, " Detective Harry Claik. Tate. In depot ting, told Mullmll not lell any one that he had paid the visit a col ding to the witness's testimony lie lefUFed to say whether or not "Sam Ma lmiey was mentioned In the saloon iimn rsa tioti. The following night. .Mulhall mi Id lie . called mray from Ills supper mid t.ilen 1 Cltv Hall, where he was given .1 K" "i upper"miil nt s n'rl id, was led mtn Tnt private oflice. There, ho said, lie 1'"'"' a man named Craig, who Is tlie nni. inn keeper at Kldpe nnd Falnn'nitii .ivmne He recognized I'rnlg, he iiuld, nnd 'ring remembered Hail) Claik being In 'lie saloon. Tate accused Craig of "being il'n 1 wltli Han Clark, ' according to Mnlhalt Tate then told him. he said, thai liar- Claik was telling all ho knew about Ins brother "Jim" and lie advis-ed Mulhall '" dn the same. When he lefused ti lell tun -tiling, lio said, he was "sent bm k to M"n Henry J. Scott, who for several veai- was counsel for Ihe arcs, te-ntleu mm "Sain" Mitloney had engaged him i" r.-pn-sent "Hutch" Sgueglla iMasci.n .mil "Lefty" ill P.oinu iCnstcllo). I" "f 'he gunmen. .Maloney, he said, culled him mi Ihe telephone and pleaded vvitli linn i" ' In his office. tolliiiL' him it was a ili.un" to serve the Vnres If you want in Tin oriolior.ite.d Maloney's testimony on th opening day of the healing. In spue of his scruples against handling a inuidi 1 case. Scott said, he accepted v, hen Ma loney put It 011 a peisonal basis. His first act was to tell tho pilsonera to keep their iiiiiuiIik shut, he said, and after their hearing before .Magistrate Watson he gladly dropped out of the affair. Detective John J. Creedon. of the squad of Alfred Souder, special investigator for Mayor Smith, testllied that he hud reported In Souder n few days before the election that the polite weio active in Ihe Fifth Ward political fight, mi tho day of the murder, lie said, b wns on Svciith sttcot beyond tho schoolhoiiFe when ho heard .1 shot. Ho then saw Policeman Seal run down toward Sixtli street. As lie rounded the coiuer and looked down De Lnncey sheet lie saw Mascla with a gun In his left hand, backing towaid Sixth stieet. and then saw him run mound the cottier into SIMIi street. Creedon asserted that Harry claik was coming from the corner of Sixth and Do Lnncey stieets when lie cunie up. Clmk asked: "What's the mailer?" "fipluVy In shot," Cieedon said lie 1111 svieied. i: said lie saw Clark a few min utes earlier at the comer of sixth and Lombard streets. John F.ppley. brother of the mutdeieil 111:111. occupied tho stand only 11 few min utes. He testified that he hud Identified his brother's body for Coroner's Physician Wmlswortli. ,...,., ,ff Was-awM E. T. ST0TE9BUKY AGAIN NAMED ItED CROSS HEAD Southeastern Pennsylvania Chapter' Elects Officers nnd Board of Directors li T. Stoteshury has been ic-elected chalrninn of the southeastern Pennsylvania chapter of tho American P.cd Cross. Mrs, Arthur II. Lea was elected vice chairman, John Barnes ' Townsend, sceretarj', nnd Thomls S. antes, treasurer. Tho following have been chosen members of the board of directors: Mrs. A. J. Cas aatt. Chtirles W. Churchman, John P. Con nellv. Mrs. Norton Downs. Mrs. (leorge IV. Chlids Drexel, Samuel II. Flelshcr, Dr. Charles J. Hatfield, S. Pemberton Itutchln aoti. Walter II. Johnson, J. Franklin Mc b'adden, llandal Morgan, Mrs. II S, Prentiss Nichols. Mrs. Thomas 1'ouer. jr.. .jrs. honias llobltis, W. IIlncKle aiiiiui. .Mrs. i.. T Slntcsbury, Krnest T. Trigg, .ins. liar. ctny H. Wnrburton. Mrs, Charlton Varnall. Employe or Water Iturcati Hrcuks Leg heventy-year-old emploje of the llurenu of Water. Frank McNulty, of '.'S10 North Tenth street, fractured his right leg when lie was Jolted off a motortruck at Wash ington lane near Chew street today. He fell as the truck made a sharp turn. Ho was taken to the Germantown Hospital. , ARJIV CHAPLAINS ASSIGN Sixteen Distributed Among Arm tonments by War Department WAHIU.NUTU.-V, tct. 10, -H.(ctn i dliaolnlliu tndnv' ween mli,i,..i . .. "1 V""' ' "I.MVII 10 A Army cantonments by tho Wne n aa follows: ""mtrf Itevs. Adelbert AV Centner, Thon,,, t jinniiuii, houiiv-v .oevjuary and AlolaV J 1 1- w gen. 10 vamp urant, iiocKTord, 111 ""a II. Huckcy nnd Cornelius J. Norrls ! J?1 Sherman, Chllllcothe, Ohio; rtoy ' ' and Augustine J. Itawllngson, to rv,J.i0II lor. Louisville. Ky.j K. K Nanco ,7?Tir,j and jnrj. A. cooper, 10 vamp runston. Fort nirM Kan.; John 'A. Mulvey nnd John fl. 1 'J uowsiiy, to v amp v usier, Battle tCTTi Mich, i Albert C. Thomas, to Carnn is?S Yaphank, L. I.; Hugh W ltenda to TH Lee. Petersburg, Vn. ; Clarence J iii.i't to Camp Dodge, Des Moines. i . .KM 11am W. Slorton. to Camp Jackson. 7J.3 bin, S. ' '. -.. Mq ir-Ki .amp Jackson, Coltnjg Deserter Sent to Kort Du ion. ItKADINl!. Pa.. Oct. 10. -Senrn..i t. woman for whom ho had quit th "! Henry C ltothenberger. dcser;er from iv2 pany a at v amp itnncocK, was taken fJ or 'i prison to Fort du Pont, Del., by cit, n?.i tectlvc Kemp. The woman sent th. r. conic answer too uusy- to ins requ.tiiirf she come to see him nt tho sUUlon b.f he started for the mllltBry praon te a;i court-martial. w ON STAND poolroom proprie- or the lenialu "BATTLlNii AUK" "Hattllng Abe" Cohen, lor lieateii by LlRUtouniit Kenuctt and his police in a laid on the pooltoom several Hays before the election, told of seeing the gunmen with white ribbons In their button holes it short tune before tile minder, lie testified thai he saw "Jim" Clark walk down Sixth street while he was waiting to buy an Kv'KNi.vo LtmaEii a few minutes be fore the shooting. Clark, ho said, was a' slioit distance ahead of seven or eight gun men, and ns Clark saw .Meicnutile Ap praiser Carey rind Assistant District At torney Miturer going down De Lancey stieet lie waved Ills hand toward them. The gunmen did not seem to iiiiderntaud, in cotdlug lo Cohen, and claik motioned 11 second time. lie said that as the men started beating Carey and Alaurer lie ran around the coiner to ills home. Cohen re lated how he was anested election morning and how lie was assaulted In the raid on his poolroom. William II. Cppley, an uncle of the mur dered policeman, was called to the stand when coutt convened after the noon te cess. He is an uudei taker, and testified to Interring the body. "Hattllng Abe" Cohen then was recalled to tho Htand for cross-examination He described how James Claik had pointed nut Carey by a wave of ills hand to (Jx or seven men wiio compoteu tlie iiiacujaci, gang," Just before the attack. "He's the fellow with the deiby hut." one of the gunmen shouted to Identify Caiej', according to Cohen. He said that he tried to whistle to Carey and Mnurer to warn them, but he was unable to make any sound. Policeman Hurvey Taylor, of the Seven teenth District, then testllied how he bad been transferred lo tho ward for tlie regls ti niton days and election day. On the llrst ltglstintion day and on election day. he said, he was assigned to the Deutsch Club and told to tuko orders fiom Deutsch. The case opened with Assistant District Attorney Taulane continuing the prosecution Instead of former Judge James (lay Cordon. The first witness called was Special Police man Tholnas F. Leo. of the Thirty-fifth District, connected with the vice squad, who witnessed tlie assault on Mercantile Ap praiser James A. Carey und John II. Muuicr, Assistant District Attorney, and tho shooting of flpplcy. Mr. Taulnnn quickly lit ought out tlie fact that Harry Claik. tlie City Hull detective who was assigned In charge of Detective Bureau men by special request, was seen by Leo Immediately after the shooting. It wus apparent he was attempting to bring out testimony to subatnntlate the conspiracy charge In addition tu prove the murder. This testimony tended to show that Ciarlc. builliet of James, clink, "the man Willi eye glasses," was present when the assault took place Leo said lie cuptuted Costello, the man who blackjacked Carey, and turned him over to Policeman Qulnn. He said he saw "Hutch" Muscia shoot ICppley Willi his left hand und that he saw Policeman Klsuinn capture one man and then iclease lilm to chase Muscia hs Kppiey was Seen falling from the shots llred by tho gunman. llo said he saw liruuelll mid Falcone, two of the gunmen Just before the shoot ing, with about six other men, at Sfxlh and lie Lancey streets. Soon after this', lie said, one of three other policemen Willi him called his attention to tlie fact tiiat some men were heating Carey and Mnurer. lie said ho saw several men around them, striking them with blackjacks. When he had captured Costello. he said, lie heard one shot, and turned In lime to see Mascla llru .1 second time. . That constituents of.Mercantile Appraiser Jaines A. Carey feared thai 1111 attempt might be made to atlnck their leader was substantiated by foimer Policeman Thomas !'. l reave, now a constable In .Magistrate Harrigau'H office. 1 heaves testllied that on tho day of the primary election he wus ill ways behind Curey, to protect lilm. The witness also said that lie wus armed Willi a blackjack und a loaded levnlver. to bo used In defending Carey. Constable (heaves said that he wus not with Catey ut the limn of tlie murder, as he was talking to Hairy A. McNIchol. son of. State Senator James P. McN'icliul. ut the corner of Sixth und Spruce streets at Ihe time, llo described how tlie negro po liceman, llayden. had bruught Carey to that corner and called for the patrol vvngun, nnd had finally permitted lilm 11 heaves) to take Carey in the Jefferson Hospital to have his wounds treated. TKLLS OF PuLK'F. LAXITY Jin gist rate Maxwell Strvensiu, Jr., who sat In the place, or .Magistrate Ilarrlguu In tlie Thud und De Uiuivy streets motion house as committing Magistral!' on election day. wns 011 the wituess stand for an hour. lie descilhed hi detail how Carey and Stern had asked him to take llarrlguu's place the afternoon before primary election lay. and how he had discharged the two score of election olllciais who weio arrested at the Instance of Isaac Deutsch. Stevenson testllied that lie had called upon the .Mayor, through tlie Mayor's Sec retin')', Joseph C. Smith, to put an end to tlie "outrage." Lieutenant Bennett, lie said, sti callously objected to Stevenson's action In placing the gunmen Masrhi and Costello under charge of the District Attorney, instrtid of letting the Detective Bureau have charge of them, lie further testllied that after the polls closed on election day there wns nor sign or any activity at tlie Thlid and De Lancey s.ticet station tnuatd Investi gating the murder of Kppiey or the activi ties of tlie "blackjack squad." Stevenson said that botli Masi ia and Cos- Abuve, Captain of Detectives James Tnte. who while on the witness stnnd in the Fifth Wnrd ense testl lied that Joseph Mulhall. below, informed him that "Jim" Claik, "the man with the eyeglasses," had tried last summer to pet him to import Runmen from New York for the Fifth .Wnrd election. When called to the stand Mulhall denied having made any such statement lo Captain Tote. 'cllo wore the while ribbons that were tlie mat Us of ideutllicatioti fur the gunmen. The two ribbons were produced in court and identified. He testified that tlie police arrestH made, in the Fifth Ward were Inkcn to the Si venth und Carpenter streets station on elect inn day. corLDX'T OUT HUDYOL'AnD steveifsou said that after tlie murder of Hppley lie made trips to the Plnkerton, Hums nnd Taylor pilvate detective agen 1 ies to employ four men to net as his own peisonal bodyguaid. He finally obtained one private detective through Harrlgan, and Ills' own conBtablo for the bodyguard. Attorney Connor, for the defense, demanded to know why he wanted u bodyguard. "I expected every minute to get shot or blackjacked in the station house," lie an swered. Tlie gunmen showed keen interest In the testimony. They seemed to have at last realized that there is a serious charge against them and thai no political influence can avail tlie men who biought them liele In miy efforts they may make to carry out their premise to get them off without pun ishment. Mayor Smith also looked seriously al the witnesses as they told of tlie shooting. Deutsch looked sleepy und worn out. His eyes weie red and he looked pale. Lieu tenant Bennett looked as lested and un woriied as any day during the trial, lie seemed to get much satisfaction fiom the statement of Policeman Leo that he had Instructed lihn and Policeman Applegate to "May on the Job today, even if you do want to bum." This, Leo said, was Bennett's Instruction as he left the station house oil election day. Applegate had to go to City Hall nnd was not present when tlie .shooting took place. Michael J. Sulllv.111, n Val O'Fancll de tective, and one of tho Commonwealth's principal witnesses was scheduled to have a healing today before Judge Brown on charges of murder conspiracy. Sulllvar, who was arrested by tlie District Attorney and pioduicd suddenly in court without warning, is under $ionn hall. Sullivan, tlie man who actually Idled tile "strong-aim" men. according to his own statement, testi fied that the order was' given by Isaac Deutsch to Samuel i. Maloney. manager of the Vnl O'Fnrrelt Detective Agency here, for eighteen men. He liticd tlie men, he said, not knowing that they were to be employed for anything but "rough-house" vvoik. The hearing of James I. Clark, the "man with eyeglasses," another Vnl O'FVrrrell operative and Commonwealth's witness, was postponed today by Magistrate Stevenson, on tlie icquest of District. Attorney Hotau, to next Wednesday morning, October 17. Clink, who Is in Moyamelislug Prison 011 a charge of murder, is tlie man to whom .Sul livan took the gunmen and the man who, It is alleged, guided them In their vvoik in the Fifth Wind. 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