Show REMOVAL Al ORDER Of DENIED HIED ON U. U S. S S U Evidence Held L Lacking in Ohio Case ALLEGE CONSPIRACY Accused Denies Knowledge Knowledge Knowledge Knowl Knowl- edge of Partners Partner's Acts The he government asks me to or order order or- or der the removal of this man to Cleveland there to face the charge brought against him in this Indictment Indictment Indict Indict- ment meat but If I order his removal on the showing the government has made here I m may iY as well well well-on on the same theory of law send law send to Jail the wife of ot every man convicted In this court of bootlegging Thus did Judge Tillman D. D Johnson JoInson JoIn John son in the local federal court Tuesday Tuesday Tuesday Tues Tues- day decline to Issue a removal order or OI or der in the case of ot Robert DeLucca arrested here some weeks ago at atthe atthe atthe the request of federal authorities in Ia Ohio following his Indictment in inan inan inan an alleged wide nation-wide liquor conspiracy conspiracy conspiracy con con- tl ere Judge Johnson continued the case casa until April 27 27 in order to give the the local United States atto attorney ney Charles M. M Morris an opportunity to ask the United States attorney at Cleveland Cleveland- to forward witnesses or documents which will tend t to connect DeLucca with the conspiracy acy alleged against his business partner Emanuel Maffey l of ot San Jose Ca Cal Ed L 1 assistant United States attorney has tas been handicapped handicapped handicapped handi handi- capped in his efforts to hold DeLucca DeLuc DeLuc- ca for tor the Ohio federal authorities in that the latter merely forwarded a copy of an indictment in which individuals individuals individuals-DeLucca DeLucca among them them are are named but which but which utterly utterly utter utter- I ly fails to to- set forth a single detail in inthe inthe inthe the way of ot evidence to show that DeLucca was in any way connected with or had any knowledge of the fact that his partner in the fruit business might b be Interested In any an alcohol shipments DeLucca who wh Is at liberty on a bond flatly d denies that he ever heard of any such dealings by his partner until he was taken Into custody In this city The specific charge against Maffey Is that he received a carload of ot alcohol labelled linseed oil at San Jose In May l 1925 The only thing the government has shown here Judge Johnson told Mr l Morrissey 1 Is that this man Is a business partner of Mat Mat- fey The wife ot ofa a bootlegger may be said to be ba his business partner also in about in-about about the same te way yet aman aman a aman man may bootleg without his wife having any Inkling of that fact If the government at Cleveland has any evidence against this man let them send enough o of It here to enable you to make malee a showing for tor forI torI I will not order the removal of this imm man until probable probable- cause Is 15 shown sho |