Morning journal and courier., 1881-08-16

SteIhen E. Booth, Justice of the Peace Tor 6sl0 county, residing in said town, comes Elam Hull, 8 grand juror for said town. and his oath of office town of oranee the 9th day of August. lss1, James Malley, jr, of the town o New Haven m said G M and murder Jennie Cramer of said town of New Haven by drown which drowning she immediately expired. against the contrary to the statute in such case pro vided and of evil example. And the grand juror complains that at Orange aforesaid the said James Maey l with fSrGs d 1nd Srms 1g m ang ana said Jennie Crsmer by administering to said Jennie desdy ss 6s Ieason pred against the peace contrary to the statute in gu such case provided and of evil example; Wherefore the said James Maley, jr, may be arrested held to answer this complaint and be thereon dealt with
 ELAM HULL, Grand Juror.
 A similar warrant was made out for the ar rest of Walter Malley.
 At the hearing Judge Blydenburgh and MT. Fox appeared for the prisoners, and 0. K. Bush for the borough. The young Nal leys seemed to be confident of a favorable issue of the case, they laughed and chatted with counsel while waiting for the proceed ings to begin. Counsellor Bush, Grand Juror Hull and the justice had private con- sultation, after which Lawyer Bush opened
 
 warrants charging the two with the murder of Jennie Cramer. He then asked for a con tinuance of the court for one week. q ask this continuance for several reasons. We be- ieve we have evidence enough to warrant this arrest. While we have no desire to prosecute any one, we propose to definitely ascertain who is connected with this murder. The position the defendants have talk en add very much to the suspicion that exists against them. While I acknowledge that it is hard to be confined in jail for one week. under the circumstances I must ask it." In conclusion Attorney Bush said that while it might be hardship | to the young men to be locked up still the State of Connecticut had some rights in the matter, and if it was proved that the accused | were martyrs to the cause of justice, they | would not be the first ones. Owing to their conduct in this matter, they had certainly increased suspicion against themselves" Lawyer Fox replied that the accused were most cheerfully ready for and courted the 1 fullest investigation. He objected to keeping ! the young men in jail for week, couple of days would answer just as we'll. He said, oAAOoO nocent of the charge against them. They l and their friends want the whole matter sifted to the very bottom. He alluded to the reward of $1, ,OOO offered by Mir. Malley for evidence to convict the guilty, and to his em- ploying detectives to ferret out the matter. We are fully confident, he added, of our ability to satisfy the court of the innocence of these young men.
 MT. Bush replied that the facts in his pos- session warranted the arrest, and he would divulge them, if proper, most cheerfuly. He said that as in the Hayden case, there I must be the fullest investigation, and he wanted sufficient time to make such an ex- animation.
 MT. Fox replied further and said in con- ! clusion that all that was asked was that the State produce it's evidence, as the defence feel perfectly confident that nothing could be shown in any way affecting the interests of his clients.
 Judge Blydenburgh at this point asked of MT. Bush if he could say in good faith that the State had any evidence to show that there had been crime committed.
 Lawyer Bush quietly replied that he did not propose to answer any further than he had. He would say that he believed what he had stated. He said he did not want to in- fict any hardship upon these young men but that their conduct, whether guilty or inno- cent, was against them.
 Judge Blydenburgh replied that the offence with which the young men were charged was not bailable and therefore, in view of the of fence charged, it was just and right to ask | the State if it had any evidence to show that she girl was foully dealt with It was their duty to ask this. The complaint sets up two different things as to the cause of death first by drowning, second by laudanum It is not just to your Honor and it is not just to the law, for the prosecution not to say that evidence has been obtained that shows that crime has been committed Unless they have evidence to show that murder has been committed they have no right to hold these parties It is 8 duty to the public that the State shall prove 8 crime first before they ask for 8 commit ment on 8 crime, no matter by whom Unless the prosecution can show that a mur- der or 8 homicide had been committed I think your honor ought to discharge these prisoners. The State ought to be sure in such case before it subjects anyone to ar- rest, confinement and to disgrace. These gentlemen have no intention of going away. db- tending to their usual vacations and unless the prosecution shows that it was not a sui eide your honor ought to discharge them never knew in my criminal practice of a party being arrested until the State could say that crime had been committed. Your honor should not be biased because of ex- cause of excited public opinion. Neither should the prosecutor be guided by the cen sure of the press or of people eager to have something going on in the village.
 Bush-Thats rap at the reporters, is | it2
 Blydenburgh-What's that
 Bush repeated
 Blydenburgh-Oh, mo- it's 8 rap at any body. If you know how she came to her death, if she came to 1t in an unlawful man. ner, you should so state if not, then you ought not to ask that any one be arrested or detained. I never knew of such an ar rest. Bush-I wish to say but a word or two, My friend seeks to justify his claim certainly It IS proper claim. I don't know as I ever knew of case where the claim was not made. Neither have known case where the prosecuting attorney gave the details of the case when asked.
 Blydenburgh-I don't ask for details.
 Bush-H did not believe crime had been committed or that there was evidence against these parties wouldn't have taken the step. This much will and do say
 Blydenburgh-Wh not proceed nowY
 Bush-I don't propose any half hearing.
 Blydenburgh- is no legal ground for | a delay; we are ready to go ahead now.
 Justice Booth-Are you through2
 Bush-I have said all have to say.
 Juctice Booth-In view of the fact that the inquest will resume in the morning and I that counsel on both sides will attend that, I and that Blanche Douglass has hearing for | perjury on Thursday, think it advisable to | continue this case until next Monday. We | should not really get our witnesses here by | tomorrow morning, and then we should | have to go to the inquest. think ought to grant the continuance for which the state f asks
 the prisoners be not confined to tail but l placed in the custody of competent officer which could be done without any danger of 1 the accused failing to be present. Extra