.' , " Vf ir- EftlNG rEDOteR-PHn;ADELPHIA't THTJBSDY, OCTOBER H, 1917 tyfJ " '"" ' " '" '" "" aaaa ..l.lll.MI ' HI. I. .11.1. I !! ! !! II I II II ! . I ., , hf Mayor Is Held for Court in Fifth Ward Case; Move to Impeach Him Starts; Called "Principal Malefactor" by Judge Bro DY EXECUTIVE MUST FACE TRIAL; ASKS HABEAS CORPUS; BAIL $10,000 JUDGE GORDON FLAYS MAYOR (rum rare One Dramatically ho looked at the Dramatically he spoke. OTHERS "MERE AGENTS" Brushing aside the other eight men mere agents" of the Mayor, Mr. n laid tho responsibility for tlie leal murder at the door of the or. Gordon flayed the Mayor for m "iwnug hypocrisy." Ho accused the ' Mayer of being the prime malefactor in 1 Fifth Ward conspiracy; he laid the Rtire criminal guilt at the door of city's Chief Executive. "T.i . , .. n(g v,narics u. tsrown, silting in ktvease, holding tho Mayor, called him lh chief and primal factor in this reat disgrace." District Attorney Sotan told the court he had never wlt ssed a clearer case of conspiracy rved. Joining in tho prosecution's demand Hwt the accused cltv emnlnvoa lin Viold i JWstrict Attorney Rotan pronounced I opportunity golden for Judges and Jiiries to force the police out of politics. Viewing tho nine defendants. Mr. Gcrdon then declared each one of them r is responsible for the crime as nrin- ipals and as agents. He cited the law. He Mid: J "All persons who entered into this anspiraey are responsible for every thing that followed afterward; and the MMe applies to each and every person wJw had a voice or a hand in this case." THE OTHEll DEFENDANTS Mr. Gordon paused a moment before Magllng the Mayor out of the line of ac Bsed men siting before him Mayor Smith. Bxecutlve Director William E. Finley. of a Republican city committee, a Vare wader; Common Councilman Isaac Deutsch, if.r.tini,lh.. "foreman" the "Bloody FKth Police Lieutenant David Steinberg. aMM Bennett: Special Policemen John wirtschafter and Michael Murphy and Po licemen Lewis Feldman. ,Emanuel Uram and Clarence Hayden, a nejrro. The charges against them grow out of the killing of Acting Detective George A. Eppley by im ported New York gunmen and other blood shed in the "Bloody Fifth" Ward primary lection. POINTS FINGEIt AT MAYOR Dramatically Judge Gordon pointed his anger at Mayor Smith and accused him of Ming the prime malefactor of the cone-piracy. Turning away from tho Mayor, and in a voice that could be heard almost in tho corridor. Judge Gordon placed the ntlre criminal guilt for tho Fifth Ward anurder at the door of Smith. .?"Fh? ..CT.ime ln thls caae was cruel and Wicked, ho said. 'This conspiracy ended in a death. .There are many ways of trac ing his deat- We may begin at the start of the conspiracy or begin from the time that death occurred. "I select Thomas B. Smith to begin with. At his door I place the criminal guilt for this crime. The other defendants were mere agents. Smith was the prime malefactor. "Away back months ago the Mayor was appealed to and told what his agents wero doing. At the end of the last Legislature Senator Vare went to the Mayor and said, lMt me go after Carey." and the Mayor Veplied. 'Yes, go ahead, and my Administra tion Is behind you.' MAYOR TOLD OF ALL CHIME "We have shown that no crime wus com mitted down there," said Judge Gordon, pointing to the southern part of the city! -"Of which he wasn't notified, and this makes him a partisan ln the crime." Judge Gordon touched upon the Depart ment of Public Safety, describing how men were transferred from the Third and De Lancey streets police station to outlying districts, and policemen friendly to the conspirators were put In their places. Looking at the Mayor and again point ing his finger at him. Judge Gordon said: MHn la FAnllir l, tAi,4 .1.. ,,. , I partment. i.ooK ai mese otner defendants who sit Sere in silence. Some of these defendants were brought from outsldo police districts Into the Third district, and with revolvers and blackjacks were given a free wav to L commit crimes. "ine Mayor was begged to act before the murder was comtnlt'ed. He was begged with ,hls family before him ; he was told of the coming crime. What did he do7 He asked that all Information about It be sup pressed." Gordon then launched Into a vigorous at tack upon what he called the 'Mayor's 'smug, affected hyproclsy." The court room rather empty when court began was crowded by this time by crowds that began to pour In as soon as Mr. Gordon began hlrf speech. A complete stenographic report of Mr. Gordon's speech, made for the , Evenino ILEDOEn, Is printed In full elsewhere In this Issue. James Scarlet, ex-Judge Beltler and Col-e-nel Sheldon Potter each made copious notes on the decisions quoted by Mr. Gordon and on all that the chief prosecutor said. I Gordon virtually asked that William E. J Finley be let down easy ln the case. "There is less moral guilt," he said, "in his actions i than in that of any other defendant." Gor- Aon said that Finley's connection with the I ease is "slight." He added that he Is receiving no fee for Us services ln prosecuting the case. WNTS MAYOR REMOVED At the conclusion of the summing- up Judgo Gordon demanded that Judge Brown "put In operation the legal machinery to y remove Mayor Smith from office." Ha demanded that the Mayor be bound over to the Grand Jury on charges of mis behavior in office, violation of the Shern t ' law, contempt of court, conspiracy to vio- t. trruvated assault and battery and conspiracy t.'Ho commit murder. 1 1 I : 1 "The authorities I read to your Honor." saiu, -snow uiat ror omission of a duty, If a murder occurs, it is mur- i asx your uonor to bind over these .Men as follows. I ask you to bind over the defendant. as B. Smith. Mavor of the Cltv of U&delphla. for misbehavior ln office. The Constitution of Pennsylvania provides as rouowa 'All offlcars shall hold their offices on condition that they shall behave them- paives well while in office and shall be re- jaavea on conviction of misdemeanor ln or any other infamous crime. "Preparatory to putting the legal nu in operation for his removal from I ask that you bind him over, first. misbehavior ln office, tnat misbehavior ting in a conspiracy to violate the Jaw by throwing the police into poll- by neglecting his duty, by refusing to me laws ana: uius bring itoout I ask he be bound over for mis ,vlr in offloa. aK your Hpnor to bind him over for alademeanor of contempt ln refusing the process of this court ana pro- eatfain documents. I ask you to bind a ail joinea wun nun in uieso war uwr on the offense of conspiracy to .wiolbte taa Shern law, conspiracy to commit awsaul- hiW battery and aggravated assault and tMi.ry and to commit murder" Mr c.rdn's blistering phlllpple having ., .(.j n.e puiulam ftwung again to the jh- : .niott. ubuitsal for the !Wyor, Municipal Court Just as he had waived examination of witnesses, so he declined tho opportunity to argue tho case. "May it please the court," ho said, "coun sel for the Mayor being firmly of the opin ion that this court Is 'without Jurisdiction to hear this cause or to determine what In termed. I believe, nn 'investigation' in tlieso proceedings, they havo no reply to tho ad dress made to the court at this time." ROTAN'S OFFICIAL PLEA District Attorney Hotan arose to Join In Mr. Gordon's motion that tho defendants be held for trial as charged, declaring that he had never heard a conspiracy case so completely proved. "May it please the court," he said, "the law In this case has been so thoroughly gone over by Judge Gordon that It seems to me It Is hnrdly necessary to touch upon that. The law Is so well settled that tho act of a conspirator In the lino of a con spiracy binds others, nid Is so well known that I think we must all agree In regard to that. "As to whether there wa-5 n. conspiracy established or not, your Honor has been sitting here for oer ono week listening to tho testimony of oer ono hundred wit nesses. "I hate no hriltnncy In salng thnt I liarc nrtr heard it eonaplrncy o well pro en, so completely proven, an In IhU cie. "Witnesses In favor of the Administration and witnesses against the Administration In a political way have come hero to the wit ness box and faced tho officials of the city, and after you go over the testimony of all of those witnesses, whether favorable to ono faction or favorable to another, there really has not been one bit of cvldenco which la Important In any way which dif fered from the thread of tho Btory through out this entire case. "I ask In this case that the six men who wero arrested at the Instance of the Dis trict Attorney's olllce should be held should be held for the charges they were charged with in the warrants when the affi davit was made. And the only cvldenco In regard to these men Is whether there Is evi dence against them In regard to conspiracy It seems hardly necessary again to go Into that. In regard to Mr. Finley, he was seen before the men were brought In from New York. According to the testimony of Ma loney and his cxldence, there Is sufficient to make out a prima facie case. He paid tho money afterward for the payment of the men after the work was done, to these Imported gunmen or thugs, whatever they may be, who were brought from New York "In regard to tho other officers, there aro Innumerable witnesses In regard to their thuggery, ln regard to their actions when they beat up the men at the Finletter Club nt the time of the election, and upon the streets on election day and a day or two prior to that "The evidence more than makes out a prima facie case in regard to them. "I only want to say to your Honor thnt It ftfrnm to me that now If nn opportunity for the Jutljr" of thin country nnd for the Jurlen of tiiU county to rNttiMUli and to mnke known to the people here and to the people of thin country thnt for nil time the police nlinll be out of politic, unil that n ninn will bt, nble to B to the polU nnd vote nn lie neen lit nnd at nil tlmpn he nnfe upon tlie ntreetn of the rlty of I'lillndelphln. Anil, furthermore. Hint n ninn with n limine of nulhorlly nnd a gun nnil n hlnckjnck munt keep out of politic, nnd thnt liln one func tion In to " Hint tlie ntreetn nnd the prop erty belonElng to the people nre nnfe, "I ask that these men be bound oer for tho November term of court." JUD.GE HOLDS DEFENDANT Judgo Brown assented to the Joint mo tion to hold the defendants for trial. "I will hold all of these defendants for the charges made out against them," he said. "First. I will hold Thomas B. Smith, the Mayor of the city of Philadelphia, for the next term of the Grand Jury, upon the offen-se described In tho Constitution, mis behavior In off ce. "I will also hold him for the same term of the Grand Jury upon, the chnrge of con tempt of court nnd failure to produce th records of his office. "I will also hold him upon these other charges of conspiring and being, as Judge Gordon o properly said, the rhlrf ami primal factor in till' Erent dlngrnce Hint thin country linn liern obliged to witnenn nnd lor which I pernonnlly feel ufchnmed of my city, "I will hold him for aggravated assault and battery and for the other offenses which led up to the commission of murder. "I will hold him In the same ball that he Is now held In, but require him to enter responsible security. "I will hold the other defendants upon the charges upon which they wero arrested, and on which tljero has been sufficient evidence produced hero to enable them to be held for the next term of the Grand Jury on the same day. "I will hold Isaac Deutsch, Lieutenant Bennett or whatever his name may b. -In $10,000 ball. "I entirely agree with Judge Gordon. and the feeling expressed by the District Attorney, with reference to Mr. Finley, and I regret th.t I Include him In this, for the action of the Grand Jury at tho next ses sion. Let him enter the same amount of ball that he Is now held In. "I hold those five officers In the sum of 16000 ball for the next term of the Grand Jury." MORE "HIGHER-UPS" TO COME Ex-Judge Gordon announced thai from now on the case would bo conducted b District Attorney Hotan, but he added that he would assist Rotan ln every way ho could. He Intimated that when the case goes before he Grand Jury other high offi cials" who are not at present defendants may bo Indicted. Ball for William E. Finley, Isaac Deutsch and Lieutenant Bennett was fixed at $10, 000, and that for Policemen Wirtschafter, Murphy, Uram, Fcltkman and Hayden, the negro, at $5000. Michael J, Sullivan, who hired the gun men ln New York, was arraigned before Judge Brown at the conclusion of the hear ing and was held for a furthor hearing. Ball was fixed at $5000. No date was set for hearing. As soon as Mayor Smith and the other defendants had been bound over to tho Grand Jury, James Scarlet, ex-Judge Abra ham M. Beltler, Colonel Sheldon Potter and William Connor, of counsel for the defense, rushed to the office of Congressman John R. K. Scott In the Lincoln Building, where they held a long conference. Summing up for the prosecution in the Fifth Ward hearing, he accused the city's Chief Executive of being the prime malefactor in the elec tion conspiracy. for the Maor. Ho was asked what ho meant "I wouldn't say what I mean," he re plied, "when I state that no ball will bo furnished for the Mayor." "Is that definite?" he was nsked. "I won't say that Is definite ; we may changu our minds," ho replied. "The Mayor' defence will not be aired ln the newspapers but will bo mado before the proper tribunal." Instead of entering bail beforo Judge Brown, attorneys for the defense applied to hae tho ball entered before Judge Mar tin, In the Court of Quarter Sessions, on a writ of habeas corpus This would trans fer tho ball issue from the Municipal Court to the Court of Common Pleas Tho writ would bo returnable before Judge Martin. HEARING ON WRIT OCTOBER 29 Judge Martin, sitting In his chambers, Issued a writ of habeas corpus at tho re quest of James Scarlet for tho Mayor, which will be argued October 29, at 10:30 o'clock. The grounds upon which tho writ was Issued was that tho hearing beforo Judge Brown disclosed no evidence of any kind to warrant Judgo Brown in holding the Mayor for the Grand Jury. Another reason advanced by Mr. Scarlet to Judgo Martin was that the hearing before Judgo Brown was unconstitutional, and that Judge Brown had no Jurisdiction to sit ln proceedings Just concluded. Similar writs In behalf of Mercantile Ap praiser Finley, Issac Deutsch and the police defendants wero also obtained on the same grounds, all of which will bo argued on "the same day. , Immediately after court was reconvened ln tho criminal branch of the Municipal Court by President Judge Charles L. Brown, Mayor Smith, through ex-Judgo Abraham M. Beltler, admitted service of tho subpoena requiring him to produce the Soutler report on conditions In the Fifth Ward prior to election day. Tho admission was mado through ex-Judge Gordon, Indi cating that the counsel for the defense and tho piosecutlou had agreed upon this dur ing the night. Mayor Smith's $10,000 ball was provided by the National Surety Company, of New York, for which the Mayor's bonding com pany in Philadelphia is agent. William B. Joyce, president of the National Surety Company, telegraphed that tho company was willing to gle ball for the Mayor up to $5,000,000 The Thomas B. Smith Company, as the agent which wrote tho bond, will receive 30 per cent of the 2 per cent premium, which is $200. Thirty per rent of $200 Is $C0, which goes to the Smith Company. Tho Mayor owns 80 per cent of'the stock of MAYOR "WON'T SAY A WORD" A representative of the Evenino LEDaEn informed Mayor Smith that nnv statement he may care to make would tie published In full ln this paper. "I won't say a word at this time," re- puea me mayor. - Mr, Scarlet, attorney for tha. Mayor, an nounced that no ball would be furnished axBEaaaana W SUNDAY OUTINGS From Market Street Whakp S1 OnA",lnt, C'y Wild. City, Sa III Clty.Stone Harbor Atalon, Analetea ,.,8?,u?, 4nU! 2- Wlldwood. Aniline ana Cap ilajr TJio A M-. Atlantic City and othnr marts T;30 A. M. HK 1 9fi Barneaat Plar, Bay 9UC9 Hea, Paint Pleasant, f 1 Kfl Aibury Park, Otaan I ,W Cm. Lang Branch, Wlmar, Clrty Spring Lake , lii'iHttHiniitinimmimiiunniiiimirruiiiiniiiimmmiBiiim 1 mMm 1 i&Kft FfiTtvi M i J1IM1H lojhes that SMfeniaWtoatarH 720 ATO1A . oW'Sicaflv Bud m&nhiUy Of course you want clothes that are in posi tively good taste the right thing that looks right on you too. And you get just the rightut and shaping for your build and appear ance in Jacob Reed's Sons Clothes. Every one knows that the quality of fabrics and workmanship will be right our name is surety for these fundamentals. Fall and Winter Suits in 'Correct -Models and Proper Fabrics $15 to $50 Overcoats $15 to $75 Jacob Reed's Sons 1424-1426 CHESTNUT STREET the Smith Company. His personal share of tho premium on his bond la $48. Wlltlam 13. Finley's bail was furnished by Stato Senator Edwin 11. Vare, who gave tho property at 1120 Race street as security. It Is assessed at $55,000. Ball for Lieutenant Bennett and DeutscA, $6000 for each, was provided by Michael Alexander and Samuel Selzcr, manufac turers, of 321 MarKct street, who pledged their property. The Mayor left the courtroom for his office at 1:16 p. m. Asked his opinion of Mr. Gordon's speech, the Mayor said, "It was very melo dramatic. It would make a flno movie," When it was sucrrestcd that' a room was awaiting him In Moyamenslng, the Mayor replied, "I doa't know about that J they are reckoning without the host." Deutsch, asked his opinion of Mr. Gor don's arraignment, said: "It was a honoy." Senator Vare, after entering ball for Councilman Finley, said: "The circus ln Judgo Brown's court Is over nnd Ringmas ter Gordon Is through for a while," Ball was entered fqr Wirtschafter, Uram nnd Feldman by Benjamin and Joseph Salus, brothers of Stato Senator "Sam Salus, Vare leader of the Fourth Ward. Benjamin Salusjlves at 4415 Baltimore ave nue and Joseph In Atlantic City, The Salus brothers later also furnished ball for Policemen Murphy and Hayden. tho negro, thus releasing all, of the nine de fendants under bond for appearance Oc-' tober 29. I MAYOR'S COUNSEL READY FOR DRASTIC DECISION writ to the Court of Quarter Sessions after Judge Brown had fixed tho ball at $10,000 transferred tho ball to the Court of Quarter Sessions. The writ, which Is tho same In the case of the Mayor's codefendants, was asked for on tho ground that ne Is not guilty of tho charges and that Judge. Brown, in sitting as. a committing magistrate, was without Jurisdiction. "ENDEAVORERS", WANT "CLEAN FIFTH WARD" Counsel for Mayor Smith today antici pated President Judgo Charles L. Brown of the Municipal Court would hold him with out ball on tho "Bloody Fifth" Ward mur der conspiracy and other charges, accord ing to an Inference given by the petition for the writ of habeas corpus by means of which the Mayor was released. The petition was prepared before Judgo Brown's decision was made In tho petition for the writ, which Is ad dressed to Judge J. Willis Martin, of tho Court of Quarter Sessions, there is a par agraph petitioning tho court to nliow tho Mayor to enter ball. It reads: Your petitioner therefore prays your Honorable Court that, pending the hear ing and disposition of the write of habeas corpus heretoforo issued by your Honor able Court, an order be mado allowing your petitioner to enter bail ln such sum as your Honorable Court deems fit. The move of the defense In taking tho A protest against 'Fifth Ward autocracy was mado public today by tho south branch of the Philadelphia Christian Endeavor, in the form of a resolution adopted at the last meeting. , The resolution, which deplores the fact that Fifth Ward conditions are within the Vinr,lArn nf hft tirnn(h. riRsertS that theSO conditions aro a menace to freedom. Con tinuing, It reaas: "lw mis reason c, n. Christian young people of South Philadel phia, aro ln thorough sympathy with every movement which our right-thinking Phila delphia citizens will inaugurate against such hlgh-handod political autocracy as ha stirred our people to the depths of their hearts. It grieves us to think that those who occupy such responsible positions In our city government should casf such a fiar Incr unortncln nf wrone before the eyes of , our young people who are citizens ln tho maKing. ii our young people ui iuuivj " to shoulder the responsibility of citizenship tomorrow, wo plead that a better example be set beforo them by those occupying of ficial positions ln our city government. Autocracy has been weighed ln tho balance and found wanting in tho administration of city affairs as well as of nations." PALMER SEES PRESIDENT Kane's Reappointment Expected to Fol low Visit , A. Mitchell Palmer, Democratic National Committeeman for Pennsylvania, was a visitor at tho White House today, and after his talk with tho President it was freely predicted ln official circles that Fran cis Fisher Kano would he reappointed United States District Attorney for the Phil adelphia district, according to dispatches received here from Washington. Mr Kane has been diligent In pursuing and prosecuting plotters and draft evaders, according to his friends, who have been urging the President to rename him, and Mr. Palmer to recommend him for reappointment. OFFICIAL EXPLAINS PPORTLICENSffl Director of Bureau Tells How J v wun Aumiia Proper making out of appiicaHon j for licenses, the avoidance of belat,l ments and tho guarding of national . i3 ests through co-operation with ha H the bureau were among the nrnw 1 Plained In the addre.n In Ph'm H? director of tho Bureau of Export Ii Ti beforo 200 buslnee. m.,' ,. ! the ballroom of the Bellevue.Strar,H afternoon. Htratfor4 Whllo 90 per cent of th ..,, '8 celved are Wanted wlthoV.MM much delay l, often caused ta LM !!" ww' rJsr consists of nearly seventv LL"-0'. u,18 jngs," Mr Richards U f "You 1 .-., ,.., Buruunized to !... .TvS covering articles on the censer!.. f1 """"l as these applications aro especSfr? " cred. specially conaid-IB' Not only must wo confer with ... v I Ping board with regard to plat e , administrator with regard to f?" ..but. muat confer wlft ? ...uuaines Doara regarding ..,.. ,:"" ""j ndSSrla; hn.'n""i.2?iir tbi the conservation list. wlM 5 i h- -;.T...? .'"""fr other ltam. ment, with the Navy Dwartm.!?' Tt'V various other ZSStt ..-.? i?' examPle. which Is on ,J Tvn.M,... ti--i .. """" very carfi,tu ,...,.. .runt, occause It In dinwr. . procure abroad; second, because 2."" " conserve tho tin plate mamZ,,8.. 7 W ?JA0J:u.re 'hat 't Is tobeS i -rr.'SE."." 7" c" " a"-y or iBoisr v w uiuib io me success of the , r: plication for tin plate, therefore ,""i mlttcd to special scrutiny." ' aM ""B; Golden Juhlten nf rn,,.i n-i. . wuMii. ,ntr t x luiiiiuciii memoers of the Bench in' uar win auena a dinner to be clvni tI night In honor of Andrew Jackson mV crier ln Common Pleas Court No J 3S has rounded out ntiv v.... .."'..' w1"JbT servolce. v" "l "Wi W M 1 t ' llfl bbbbb! Celurobta Cr.foaala Prica 100 DtherModeli. $15to250 fru i CinmJ Mug 2mtj c id - Month Specials We call these records "specials" because they're too good to hold until the regular Columbia list of November records appears on the 20th. Any Columbia. Dealer will be glad to play them for you. Send me away with a smile Columbia Record A2355 75c , The test of a new sone is, "Do the soldiers sing it ?" And those thou sands of boys out there in the training-camps encouraged to sing, urged to sing do certainly sing "Send me away with a smile." They bear down lustily on the old favorites, as they should, but none of the new ones is as often called for, or as readily given, as this splendid expression of what the American soldier of to-day is thinking and feeling. It's a hit. Hear it. I've Got the Nicest little Home inD-i-x-i-e Record A23567Sc When they aren't singing it, they're spelling it. Listen to it once, and you'll say, "That's a GOOD quartette song." On the other side is "In San Domingo," by Samuel Ash. Tho Secret of Home, Sweet Home Columbia Record J2344 75c Charles Harrison carries you back to old familiar scenes and loving facet in this song about the "dearest spot on earth." And George Wilson sings on the other side, "You Can Alwaysomc Back to Me." O, Sole Mio (O, Sun I Love) Columbia Record A23S075c Everyone knows"0, Sole Mio" one of the best of all Neapolitan folk songs. There's a riot of melody and color in-it and in the equally popular Maria! Mari!" on the other side. Two splendid tenor selections, these. Departure of the American Troops for France Record J23S47Sc And a royal send-off it is! Quartette harmony with lots of bells, whistles, drums-cverything you'd naturally expect on such an occasion. On the other side is Arrival of the American Troops in France" a companion piece. Levinsky at the Wedding Columbia Record $2310 75c Levinsky behaves as though he were a twin brother of Cohen of tele phone fame. There's a gale of merriment in this monologue by Julian. Rose. Cattle Valio Classique Columbia Record A 5989 12-inch, $1.25 An exquisite waltz arrangement of the Humoresque by Earl Fuller's Rector Novelty Orchestra. It makes you clad the waltz is coming back. Tramp, Tramp, Tramp, the Boys are Marching Record A235775c a uc lainous war sung, sung Dy nancs narrson ana Columbia Quartette. olumbia Records. V'l s A tfxtuA Uive 4eim4 V, &ccapt the gaga P H R. M? w maafiaa out by,ifc m I n'sitiiajinyiiijtiii f jH ik.
Significant historical Pennsylvania newspapers