i EH1A I N
PRICE THREE CENTS.
NEW BRITAIN, CONNECTICUT; TUESDAY, APRIL 14, 1914 TWELVE PAGES.
MELif tl CASE HOLLED
- BY JUDGE U
(MITED TO THAI
Former Head of New Haven Road
Exonerated of Manslaugbler Charge.
ACTION RECOMMENDED BY COUNSEL
Claimed That the Evidence Is
Sufficient to Bring the Accused to
Trial for Alleged Crime on October
Bridgeport, Conn., April 14.
Charles S. Mellen, former president of
the New York, New Haven and Hart
ford Railroad company,1 who in May
of last year was arrested on a bench
warrant charging : him with 4 man
slaughter because of the death of one
"Jane Doe" in ' the wreck of . the
Springfield Express in Westport on
October, 3, 1912, was , ordered dis
charged from custody today, following
" a nolle prosse of the charge by Judge
Joseph P. Tuttle.
Action by the court was- taken after
it had received from the special, At-
-,' , torney General John H. Light and
jS-rt-O State, Attorney. Alcorn of .' Hartford
county, recommendation as . to "What
course should be taken.
The information before the - court
charges . the accused with .manslaugh-o-
per, and the state is bbund to prove
i'-3y beyond a reasonable doubt that death
- . - , resulted from the neglect ' of a plain
"; ') . duty imposed by law or contract upon
,, - ' the accused . personally, and that the
"X .omission of that duty was due to
. : gross or culpable negligence.
j Essential Allegations. ' '
." ' Te essential allegations contained in
' the- information are as follows:
' The accused, as president . of the
'f railroad company, having exclusive
: ' ' ; control and management of its tracks
: . and appurtenances through', the. town
: of Westport, and of the equipment
' and operation of the engines . and
t ; ' , trains running upon the same, it was
his duty to keep said tracks in proper
? - condition arid repair for safe travel,
.' and to furnish and provide a i suffl-
clent number of brakemen and : im
, plements, and to employ competent
,VrV.v and; careful engineers tof run- :,and
' ' . . operate said engines for the protection
4 of the lives of passengers riding upon
said trains, and to provide and main
tain , crossovers of sufficient length to
V t Permit paid engines and trains to pass
V-V"to and -from the- tracks of said rail
i road in safety, and to provide a prop
' it . -erahd .adequate system of automatic
trainVicontrol. whereby in passing ' a
, signal without, heeding the- same, ,a
train , would be brought to' a; stpp; and
well knowing the premises and ; - his
said duty, , the accused feloniously,
t .wilfully, and with culpable negligence,
v did omit and neglect to perform ' the
same, and from which 'neglect the
death of Jane Doe resulted:
' Not Sufficient Evidence,
v We have been over; the . evidence
with State Attorney ' Judson, and
. those who have aided him in the
preparation of the case for .trial. , We
" have talked with' the' coroner, and
carefully read all of the ' evidence tak
en by him in a very thorough and er
haustive ; examination - of ' the accident
v ; in question, and its causes, and his of-
flclal report. . We have read the ex.
pert report of the investigation of the
j ' accident made to the public utilities
.commission by C. C. Elwell, its-chief
i engineer and Inspector, , and also the
' report made by the interstate com
v merce commission 1 We have exam
u . ined the records of ..the , board of di
rectors and the executive committee
4 4 of the railroad company; and after
a,. thorough ana exnausuve examina
. tion of the law and the facts in1, the
case , we are forced ' to ithe,' conclusion
' that there is not sufficient evidence to
Justify a trial; . . . k
. -The evidence clearly shows that the
:: roadbed, tracks, signals, cars, engine
and other train equipment were ' in
J good condition and did not contribute
; ;to the accident. The signals were
correctly set for the crossover move
r merit: of the train, and ' the . required
-number of brakemen were provided
in compliance with an, .order of the
railroad , commissioners. V; The engin-
" . cei was : competent, if not- one of the
" best. We are assured by experts that
there ts no successful automatic de
ce for stopping trains in use on the
surface railroads of the country, and
harVe ; hot - been able : to procure . any
evidence r of the contrary. .
v ' , No Specific Duty.
State Attorney Judson, and those
- 'who have assisted him in the prepar
ation of the case for trial, agree with
us that the only allegation in the in
formation upon which' ; a conviction
may be looked for, if at all, is Hhat
the " accused was exclusively charged
with the - duty to provide . and ( main
tain, at the place of the accident ; a
crossover of sufficient 'length ; to per
mit the engine and. train to pass
from track one to track three at high
speed in safety, and that he neglected
this duty and death of Jane Doe was !
caused thereby. Hence; we have ' ex-
A' ; ' amined tnis allegation and the evi- :
rtflncft which we have been
'' obtain to suport it, with much
and we are satisfied
- - .. -. i,
, if ahi me accuaeu was rtot
'-. charged with any. such specific duty
- as to crossovers; (2) that the acci
. dent was not caused by the type of
i crossover in use. .
: The crossover in use at the time of
fi-Uhe accident is a number 10 so called;
i T , ind the company has a rule "tt which
j$r , -hj:--; : ;;-':::'i"l
. r fv (Continued on Eleventh Page.) '
Thompson is 'Re-elected City Clerk and Loomis
Councilmen and Aldermen in Various
DETAILS OF THE VOTE IN WARDS GIVEN 3Y FIGURES
Alderman George A. Quig
ley was elected mayor of the
city of New Britain today by
a plurality of 1,660 over Jo
seph M. Halloran, who has
held the office for the past
four years, the entire repub
lican ticket also winning by
substantial figures, thus
1 . v . ; ... i . ?: ., , , : j
bringing to a close a cam-!
paign that has been a puzzle
to the leaders of both parties.
The vote was a large one,
the larsrest ever cast in New
Britain, arid while Mr. Quigley was cut right and left the
heavy vote saved him from the defeat which the prophets
freely predicted would be his portion.
Mayor Halloran ran ahead of his ticket, but he was
not able to overcome the big republican majority against
him and the willingness of the party men to come out and
support the ticket. The council will be republican, as usual,
the vote with the republican mayor standing 21 to 10.
In the fourth ward it was necessary to cast a blank
ballot before the machine could be opened for the count;
the services of an expert being 1 also required: to ; cast ithe
RESULTS OF ELECTION IN VARIOUS WARDS :
" 1 . FOB ALDERMEN.
, , ' Second Ward.
J. J. Shaughnessy, d. .... .....
,M I.' Jester, r. , . . . . . .........
A.' ,M. Peterson, s. ..........
E. E. Agard, p. . ...... . ,
. , Fourth Ward.
i j; P. Mutphy, d
W. II. Spittler, r. ...... . .'.;-
Solomon Ginsberg, s.' , . . .... . .'
Ij. P. Stronr p. . . .,
- Sixth yfard,
M. T. . Kenvin, d. ...... . . . . . .
jl . . o. iiuugnui ui, . r.. . . t
Anthony Kirpinski, s. . , .
H. : N. Lockwood, p. .....
FOtt -. COUNClliMEN.
,' First Ward.
i Rlcliard gchaefer, d
J. F, Woods, d.
Alfred Anderson, r. . . .
Charles May, r. . ... . . . .
J. R. ; Relyea, p.. ... . , . . .
W. E. Doolittle,. p. . . .. . . .
, '-, : Second Ward.
Thomas Heslin, d.
M. C- Connelly, d.
E. It. Teisch, r- ... ... . .
E. J. Danberg, r. .... v. .
C. N. Hubbard, p. .,. . . . .
F. A. Johnson, p. . .. . . . .
BERGERON APPEAL CASE
TO' BE ARGUED FRIDAY
Decision Expected This
Week in Wakefield Pro
ceedings. "Bridgeport, , April . 14. The su
preme court of errors began its April
sitting Mre today. Decisions in the
appeal cases of Mrs. Bessie J. Wake
field and Joe Buonomo, both convict
ed of murder and their execution
stayed toy the appeals to get , new
trials, . are expected during the week.
The court session drew an unusual
ly large attendance of lawyers. The
Rev. Walter L. Bennett, of the
West End Congregational church, of
fered prayer, 'Chief Justice Prentice
called 'the list of cases and found, not
many ready to be argued. During
his second calling of the list he re
marked: "Can't we get some business
out, of-the twenty-four cases? It's dis
G. A. QUIGLEY,
Elected Mayor.' 1
L. P. Siangan, d. .... . '. . . .... .
II. G. Rem, d. . . . . , . . . . .
Tlieo. Wagner r. . . . . . . ; . . . .
F. M. Hewett, r. .......
Root. Clougher, p. . . . . .
E. E. Jenison pi , . . ... . . . . . . .
" Fourth Ward.
T. C. Smith, Jr., d. ............
John DMcCue, d. ,..........
D. S. Ohman, r. . -,! . . . .' ' . . . .
C. T. Nowland, r. . .. . . . . .. . . . .
Jos. Preissel s. ... . . . . . . 1 . . . i
Richard Stumpf, s. . .
F. Li. Asklund, p. . . . . .... . . . . .
A. J. Johnson, p. . . . . ,
, .Fifth Wardl
J. F. Callahan d. . . . . ; . , . .
J. P. . Degiian, ' d, r . . . . , , . . . .
Jnb. Riley, d." .'t-.v, , J-.
Jj. A.i Hoffman, r.. '. ". . .,', . . ..
B. F. Karpinskl, r. . '. i'L i. . . .
Joe. Owsiak, . . . . ; . ... .' . , . . .
1orenz Kopf,. s. . . . .. . . .'.,. . .
E. E. Hansen, s. . . . . ...... .
' ' '"' Sixth ' Ward. '" -,' -x ( :
G. M. Landers, d. , . . . . . . .'. . . .
F. J. Conlon, dl .
Ed. ( Racono, : r. . ,' . . ......... .
Adolplr Witkin, r. . . ; . . ........
Jos. Abrahams, a .. . . . .........
W. H. nielle, p. . . .... . . .
couraging for the court to come
down here and. get so little to do."
The appeal' of Joseph F. Bergeron,
alias Berger, alias Leussey, from' the
decision in the New Haven superior
court convicting hlnv of .murder of
Mrs. Dowsett, was set for argument
on Friday. The briefs are in the
printers' hands. State Attorney Ail
ing explained that he is in the midst
of a criminal term this week arid did
not want to Interrupt his work, and
next Tuesday he will begin a rail
road case. 1 Chief Justice Prentice
.said the explanation was a good
one, and Mr Tuttle for the defendant
agreeing, the case was set for Friday.
The cases set for hearing today
were:; Charles W. Brock vs. the
Travelers' Insurance company; the
George S. Chatfleld company vs. the
city of Waterbury, both New Haven
county cases; and Samuel A. Purdy,
administrator, vs. Stanley Watts, a
Fairfield county case.
BIG PARADE TONIGHT.
The republicans will celebrate their
victory with a big street parade to
night. Bands and red fire will be fea
tures. The expressmen'sunion will
participate with "Tippy", Fay wearing
a "keg" . hat. Vj The v parade" will start
at 8 o'clock' from the bank building; '
J. M. Halloran, d.
Gj A. Quigley, r. '.
H. N. Bee be, s.
F. G. Piatt, p. . . ... . . ......
FOR TAX COLLECTOR,
W, F. Troy, d. 1 .
Bcrnadotte Loomis, r. ........
...... 4 ,
u. ivosswig, s. j .
T. lu Weed,, p. .... . .
FOR CITY TREASURER.
F. N. Chamberlain, d. ..... .... . . . ,
F. N. Chamberlain, r. . . . . .' 7 .t .'. .
Samuel Miller, s. . . ." . . . . . . . . . ,
John Sloan, p.
H. Ii. Curtis, d. ;.:....'. . . ...
H. Lt. Curtis, r. .................
Waclaw ChotkQwski, s ...........
Albin Carlson, p. ...... . . ........
FOR BOARD OF RELIEF.
D. J. Farrell, d Y . . . . . ...... . . .
A. C. Tuthill, d. .
Wm. Schaefer, ir. i . . . ; ...'...'....... .
Wm. Middlemas, r i. . . . . . ... . . .
G. A. Graves, p. .... . . . . . .. . . . ... . . .
B. B. Bassette, p. .'. . '. . . ... . . .........
i FOR SCHOOD C03OI1TTEE. (
J. E. Martin, d. ......... ... . . . . .
II. P. Roche, d. . . . ; . ... . . .. .. . : .
Ii. H. Pease,' r.
E. M. Pratt, r. ......... ... ... . . . . . , . . .
Mrs. A. Li. Aldrich, s. . . . .'. ... .........
John F. Strokecker, s. . . ........ . . .
Rev. J. E. Klingberg, p. .... . ... ,
Alice V. Corbin, p. . . . . . . .
FOR REGISTRAR. I
T. J. Smith, d. ............ .
Wm. Zlegler, r. . . . ... . . . .............
Apolinar Gluski, s. i .,... .
C. ' H3 Schwarm,' p. .....,..
r- . FOR CITY CLERK.
E. B, ' Ailing, d. . . ' . . " ','......-.' .'
A, Ii, Thompson, -r. -...... -
A, Jj. xuompson, p.
r ' ) FOR SELECTMEN.
Joseph Hackney, d.l . . , : . . .
C. P. Walnwright, d
W. E. Latham, r. ..........
Arvid .Nero, r. ... . ....
G. E. Watson, s. ' . . . . . . . .
R M. Gumprecht, s. .......
Leonard Kurtz, p.
William Rlckert, p.
John Ross, d. .... . . .
James Duffy, d. ......
James Farrell, d. ..........
August Zehrer, d. ..... i i .
J. A. Abrahamson, r. .......
Fred Winkle, r.
G.1 A. Stark, r, ... .i ....... .
Frank Brodzlk, r. .........
J. II. Demarest, p..........
W. V. Andres, p. . . . . . . ....
JL, . , aij.n., j. ...................
N. R. Berg-man, p.
The vote two years
son was as follows:
a Thompson majorities,
b . .Halloran majorities.
When it was certain that Mr. Quig
ley was elected, Mayor Halloran called
his opponent's house up on the tele
phone, and j extended his congratula
tions to the successful candidate.
LaterVwhen ''the result was assured,
Mr. Halloran said: - ! v
"It is the will of the people, and I
will abide by their decision. .Mr.
Quigley is their mayor nowl and mine
as well. Party differences will not
hinder me from helping him to make
his administration a success, and any
assistance he may desire in that con
nection I will gladly, give.
"It may be remembered that I did
not want the nomination from th
democrats of New Britain, but their
insistence seemed to prove . to me
that I ought to accept. It was only
on those conditions : that I entered
the fight. I considered it my fluty to
the party. "'' '.'
"The result proves conclusively that
the republican party is the dominant
factor in this city.' : .
is New Tax Collector
by Wards Is A
Ward Ward. Ward Ward . Ward Ward
1 2 3 4 5' 6,
...,.-387 .192 , 375 306 473 726
. . . 7.63 787 790 746 398 535
... 18 13 12 30 24 31
. . . 24 13 36 17 4 , 5
-.';v;; ' " ' 1 v '0,---5'?!
... 247 183 255 297 443' 740
... 815 789 ' 937 755 427 511
21 23 11 33 24 39
17 12 ; 17 16 5 ' , 4
' - ' '' . ) !
. .. 246 183 ' 266 ' 292 455 736
... 814 789 927 760 714 521
21 25 13 34 25 39
18 12 8 16 . 5 , 6
... 248 183 268 295 455 737
.. .; '813 ' 792 927 761 416 520
. ... 21 ' 26 12' 34 26 39
18 . 12 v 17 16 5 5
... 255 185 273 296 457 712
. .. 249 181 266 286 438 711
... 806 787 923 758 414 519
... 812 792 925 761 ,417 526
. . 17 12 V 17 17 ' ,5 5
17 12 17 16 . 5 5
. 258 : 187 276 299 454 729 j 2203
. . 801 784 :' 919 . '755 - 422 ' 529 4210-
StiL .-84-v.; -i 1 i 34 1 .--,?'.- 25 39 .-:' ''.158
17 12 17 16 6 5 ' - 73
, .'.,', . ;. ; . ; - .':' , 1 . . .- . " ', ' -
. . 248 V 180 261 293 456 733 2171
. . 259 185 , 297 296 , 438 ,733 2208
C. 813 792 932 703 416 526 4212
.. 804 788 896 753 419 518 417S
. . 21 23 11 34 27 . 39 155
..20 23 , 12 35 27 ,41 158
. : 17 12 17 16 0 - 5 ' "71
...17 ' t 12 17 ,15 6 ' ' 1 5. -' 72
. w 246 182 270 302 459 736 2195
. . 251 182 270 290 460 726 2179
. 245 ' 182 268 293 - 456 739 2183
.V 255 187 ' 274 297 434 , 731 2178
814 791 925 750 . 412 523 4215
...810 790 924 757 403 521 4205
. 810 791 924 755v 415 521 4216
. 804 787 923 753 426 519 4212
. . ' 17 16 17 .16 5 , 5 71
, : 18 ; 12 17 1 17; ... 5 5' 74
.. 20 12 , 17 17 . ' 5 .5. 76
.. 18 ' 12 17 16 5 5 , 75
MAYORALTY VOTE TWO YEARS AGO.
ago when Mayor Halloran defeated Col. A. L. Thomp
-V - 292 247
- - 477 434
(a)185 (a)18V (a)334 (a)128 (b)372 (b)532 (b)65
COAD CART OVERTURNS.
Wheel Snaps Oil From One of Shur
berg's Delivery ' Wagons.
One of Shurberg's delivery
wagons, loaded with a couple of tons
of fine coal, came to grief shortly be
fore 10 o'clock this morning Just
north of the Main street , crossing.
The driver was reining in near the
right hand curb when without warn
ing the axel of the right rear wheel
snapped, throwing the wagon and its
contents ( onto the sidewalk. The
driver was thrown out, but landed on
his feet and held the horse.
No one was injured, although sev
eral women were greatly frightened
SUES FOR $100.
Through his lawyer, Morris D.
Saxe, Angelo Stratus has brought law
suit proceedings against John Tjimou
nis, claiming $100 due him from the
sale of,' a pool room near the Main
street crossing. The writ is made re
turnable before Justice F. B. Hun
gerford on April 28. Constable Fred
-Winkle served the papers.
,' ) -'
Quigley over Halloran, 1,660.
SCHEYD GETS OFFER.
Local Musician May" Join McEnnel
. .. ley's Singing Orchestra.
August J. Scheyd, a well known
local musician and a member of
Judd's orchestra, has received a flat
tering offer from McEnnelley's Sing
ing orchestra to play an indefinite en
gagement with them. As . yet Mr.
Scheyd has not decided whether to
accept or not. ; ,
He ha been employed' In the In
voice department of the P. & F.
Cerbfn division for several ' years.
BAD GRASS FIRE.
Engine company No. 4 extinguished
a bad grass firer ow the Cohen prop,
erty on Cdttis street at 12:60 o'clock
this afternoon. The flames had
caught on a fence and were creeping
towards two barns. An adjoining lot
was also on Are.
J. M. BRADY SUED.
The Bi-Motor Equipment company,
a Massachusetts corporation, has
brought suit for $900 against ex
Senator John M. Brady of this city.
Deputy Sheriff A. P. Stark attached
property at Ledgecrest on Stanley
Judge Aldricii Upholds Pcliil03
Stnfcrd Whites Slayer.
CASE GOES TO SUPREME COIT
Prisoner Will Not Be Admitted
Ball Until Highest Court' in t
Country Renders Its Decision J
Various Fhases of Case Discuss
Concord, N. H., April 14.llar
Kendall Thaw's petition for a wJ
of habeas corpus was granted I
Judge Edgar Aldrich of the Un'iti
States district court today. The cou
said, however, that no order won
be issued for the prisoner's diuchari
from custody and arrangements ha
been completed to take the case
the United States supreme court '
Thaw's petition for admission
bail the court left undetermined, U
ing the ground that it would be, mo
appropriate for this to be pap
upon, by the supreme1 court. . -
Result of Derision.
The result of the decision i th
Thaw's guardianship and conditl
will be ' unchanged for the ' presei
but that his petition for a writ
habeas corpus will go to the high
court in the land with a decision
the lower court In his favor. '
The decision filed with the cle
of the court here makes more th;j
ten thousand words and discuses e)
haustlvely the various phases of tl
case presented in the United Stall
court, concluding: ' : ' ; I
"My conclusion is that, the const
w.w.iu. ngui ui cAiiauiuuu iur viiit
does not reasonably apply to such
situation as this, where the riRht
control by the demanding statute. r
, sides in a degree of custody has
on insanity, and , where its pape
upon their face negative the idea
personal criminal : responsibility. It
further thought that it would Invol
forced or fictional reasoning to maV
& flight of , the character of the , or
In question the skind jt a fiiRht Co
templated , by the constitution as )
basis for extradition.
... '(fer.WUl'lle.Wailf.' ;;,V"'':.'' j
1 "It results that an order will l
made sustaining the writ and that U
petitioner be discharged from the e:
tradition process undr. which he w
held at the time his petition' for hr!
beas corpus was brought upon cm
stltutional grounds, f .' I
"It has been understood Trom tl
beginning that, whichever way , th'
case was decided by me, it would i
taken to the supreme court ' Ther
fore, no formal order will bo', mat'
either sustaining the writ or dlfchar
ing the 'petitioner until the 'arif
party has had an ' opportunity ?
perfect Its appeal.' " : ,
,,, PeUtlon, Was Filed.
When the slayer of Stanford VlL
entered this state la.it Septcmben a(
ter his deportation from Canada 1
was 'arrested by the state authority
To prevent his extradition to Ne
York his attorneys petitioned for !
writ of habeas corpus, this proceei
ing automatically placing-the cars (
federal Jurisdiction and. acting "as ,
stay (tO'the extradition' which wt
later granted by Governor Felker. j
Later the fugitive applied , for ar
mission to bail on the ground th
conspiracy to escape from the insar
asylum at Matteawan was bailabl
Counsel for New York Btate oppose
motion for bail, alleging that Thaw")
mental i condition was such as t.
make his freedom a menace to th
public. . ."'.''.. .,'.'
Mental Condition Discussed.
Reciting the facts as to Thaw )
petition for bail, and the appoint
ment and report of the commlssloj
upon his mental condition, the com
'says: ' ' v . ' ,' I
"I have no doubt of the right f
the court to grant ball under the cii
cumstances of this case; but as th
question ta . an Interlocutory one, c
which the petitioner ha the right t
avail himself at any time and at ar
stage of the proceedings, and as tt
case is about to go out of the contn
of this court and Into the suprem
court, and as upon the question, I i
disposed to leave the motion ror ca
undetermined Without Jurisdiction"
Danger Is Remote.
The court says that the "report .
the commission, supplemented by hi
own observation at the several he
ings, satisfied him that any auppoe:
danger' to the' community, throui
Thaw's liberty, wag bo remote as nc
to warrant his being deprived f ba
upon that ground- -;
"I am not at all certain that I, t
not denying a plain right, and dolr
the petitioner Injustice, by leaving th
question undecided," h says. ' v
Thaw's case the court finds to r
that of a' person sought to be exttt
dited under the constitution becaus
he had fled from guardianship :tu
hMAd UDon the verdict r.t
Jur' that he was insane. "" ,
Utmost Caution Required.
"The case is a novel one," ' com
merits the court, "and requires th
utmost caution, aa the power of vx
tradition la exceptional and extreme!
arbitrary, because it impo jt
self upon personal liberty, and C
cause heretofore, neither in t:.'
country nor in England 'his c tt
Coatinud -ja Ccca T
-',. f '
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