Polack Joe Out on Bail Despite Murder Charge

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Although still technically charged with murder, Joseph ("Polack Joe") Devon was released from the Camden county jail last Thursday under $2,500 bail, it was learned today. It is generally known around the Camden courthouse that Devon has been indicted for manslaughter, but the grand jury will not make its presentment in the case to Judge Samuel M. Shay until tomorrow afternoon. "It seems very unusual," Judge Shay commented today when information reached him that Devon had been released on bail. "The court usually leaves these matters to the prosecutor, who is thus authorized to fix bail. Otherwise, the court would be constantly interrupted by bail applications. Murder Unbailable "As a rule, murder is an unbailable charge. The fact that it was reported that the grand jury had indicted Devon for manslaughter can have no bearing on the point. I cannot see how the prosecutor or whoever fixed bail could have known what the grand jury's presentment was to be when that presentment will not be made until tomorrow. The grand jury can reconsider and change its indictment at any time before making that presentment." Explanation of the unusual action came today from Walter Keown, county solicitor and attorney for Devon, and from Joseph Varbalow, assistant prosecutor. It was Varbalow who fixed bail. Prosecutor Ethan P. Wescott stated that he knew nothing of the action until he heard of it from newspaper men today. Shot in Argument Devon was arrested on January 14 and charged with the murder of Joseph Cimini, known also as Joe Gannon, of 1301 Ellsworth street, Philadelphia. The fatal shooting took place at the Sixth Ward Republican Club, 90[?] Broadway, where a crap game is reported to have been in progress. Devon, a Republican organization political worker, declares that he shot Cimini when the latter attacked him with the butt of a revolver. According to witnesses who made statements to detectives, the shooting occurred after an argument which Cimini and Mose Flannery, another political worker, are declared to have started with Charles "Chick Hunt," former pugilist and one of those who was in the club at the time of the slaying. Read Newspaper Report "I read in the paper that the grand jury was reported to have indicted Devon for manslaughter," Keown said. "I knew that manslaughter was a bailable charge. I went to Mr. Varbalow and he fixed bail, as he also had read of the reported manslaughter indictment." Varbalow corroborated this statement. Bail for Devon was furnished in cash by James Lewis of 60[?] Kaighn avenue and accepted by Sheriff Walter T. Gross on the order signed by Varbalow. Warden Ed Powell said today he had been occupied at the county workhouse at Lakeland and did not know of Devon's release under bail until today. It was last Tuesday that witnesses in the case went before the grand jury and it was last Wednesday that the Evening Courier published the widely-circulated report that the grand jury had found an indictment for manslaughter, which Keown and Varbalow say was the reason for the granting of bail.

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Findings of Grand Jury Will Not be Returned Until Tomorrow

Although still technically charged with murder, Joseph ("Polack Joe") Devon was released from the Camden county jail last Thursday under $2,500 bail, it was learned today.

It is generally known around the Camden courthouse that Devon has been indicted for manslaughter, but the grand jury will not make its presentment in the case to Judge Samuel M. Shay until tomorrow afternoon. "It seems very unusual," Judge Shay commented today when information reached him that Devon had been released on bail. "The court usually leaves these matters to the prosecutor, who is thus authorized to fix bail. Otherwise, the court would be constantly interrupted by bail applications.

Murder Unbailable

"As a rule, murder is an unbailable charge. The fact that it was reported that the grand jury had indicted Devon for manslaughter can have no bearing on the point. I cannot see how the prosecutor or whoever fixed bail could have known what the grand jury's presentment was to be when that presentment will not be made until tomorrow. The grand jury can reconsider and change its indictment at any time before making that presentment."

Explanation of the unusual action came today from Walter Keown, county solicitor and attorney for Devon, and from Joseph Varbalow, assistant prosecutor. It was Varbalow who fixed bail. Prosecutor Ethan P. Wescott stated that he knew nothing of the action until he heard of it from newspaper men today.

Shot in Argument

Devon was arrested on January 14 and charged with the murder of Joseph Cimini, known also as Joe Gannon, of 1301 Ellsworth street, Philadelphia. The fatal shooting took place at the Sixth Ward Republican Club, 90[?] Broadway, where a crap game is reported to have been in progress.

Devon, a Republican organization political worker, declares that he shot Cimini when the latter attacked him with the butt of a revolver. According to witnesses who made statements to detectives, the shooting occurred after an argument which Cimini and Mose Flannery, another political worker, are declared to have started with Charles "Chick Hunt," former pugilist and one of those who was in the club at the time of the slaying.

Read Newspaper Report

"I read in the paper that the grand jury was reported to have indicted Devon for manslaughter," Keown said. "I knew that manslaughter was a bailable charge. I went to Mr. Varbalow and he fixed bail, as he also had read of the reported manslaughter indictment."

Varbalow corroborated this statement. Bail for Devon was furnished in cash by James Lewis of 60[?] Kaighn avenue and accepted by Sheriff Walter T. Gross on the order signed by Varbalow. Warden Ed Powell said today he had been occupied at the county workhouse at Lakeland and did not know of Devon's release under bail until today.

It was last Tuesday that witnesses in the case went before the grand jury and it was last Wednesday that the Evening Courier published the widely-circulated report that the grand jury had found an indictment for manslaughter, which Keown and Varbalow say was the reason for the granting of bail.