Morning journal and courier., 1886-05-01

a threat some judge in Kentucky made a fool of himself and said it was not crimi- nal act (Read from complaint.) We say the use of the circular is a means of intimid- ation. We can prove it. We can prove it has the effect of intimidation. We can prove that the prisoner at the bar travels the streets of this city at $15 or $20 week.
 Here MT. Platt objected claiming this talk
 was irrelevant to the issue.
 Mr. filling, continuing with more force,
 said: We have a right to say what we can
 prove.
 Judge Pickett, after further talk between
 counsel, told the lawyers not to diverge too far.
 MT. filling: We say the question is one of fact that intimidation has been used. The gentlemen by the demurrer admit the ques- tion of fact and avoid it, but they say it is not question under the statute. The defense say boycott the JOURNAL. AND COURIER by every means; boycott any person dealing with it, and if you don't comply with the demand we will boycott you. The defendant is paid to travel about the community and throw around these circulars to intimidate the firm of Mendel & Freedman and all other firms. MT. filling now cited the case of labor organization which demanded him to pay | $500 for having sent part of his (stone mason) contract to New York to be finished and re- piled vigorously to various other cases cited | by the opposition to show that the act com pl6lQ60 or was Illegal anu AO ceeding he said Mendel & Freedman have | right to advertise in the JOURNAL AND C0U- RIER as all admit. They have a right to be protected against wanton, ,unwarrantable and malicious annoyances and threats. MT. All l ling further replied to cases cited by the de- fense.
 Attorney Blydenburgh, who also assists the State, did not desire to be heard, so Pro lessor Platt concluded for the defense. "The question is grave one,' said he, mot par ticularly to the defendant, but because it in- wolves the personal liberties of every citizen of Connecticut. With a small piece of paper ! containing several words, not so terrible as he would have us believe, he has conjured up specter."
 Mr. filling facetiously inquired if that was the way his learned brother designated his
 client, Glidden. [Laughter.] MT. Platt dis owned any idea of thus classifying his client. He has entertained us with the terrors of boycottiug. I must confess I don't know what the term means, and judging from his remarks I don't thiBk his knowledge on the subject is much better than mine. Now this threat to boycott is simply an alleged refusal on the part of these defendants and his associates to trade with the complainants The gentlemen would not entertain for 8 moment, fancy, that it is the privilege of any man or any set of men to refuse business relations with any persons what soever Everything that has been
 done as alleged in the complaint is an 1n-
 timation that in 8 certain event the accused
 will not trade with the complainants. Such an intimation is kindness if anything. The very head and front of all things offending is that, in the event of certain things, the de- fendant and those whom he represented would not buy goods of the compliments.
 If the statute has the construction that my friend contends for it is & disgrace to the statute books and would be the most un- warrantable abridgement of personal ib- critics since the pilgrim fathers landed.
 To make the offender punishable under this statute, the threat must be to do some
 thing which is illegal And in this case we
 claim that the defendant did not threat en to
 do anything illegal. Under my friends con
 struction of this statute, if he and should go
 walking this afternoon and when we came to
 place where the roads diverged if I told
 him that if he did not go on the road l did
 that would never speak with him again,
 then should be liable to $100 fine and six
 months imprisonment. He has gone into nothing to do with it. If
 we were to try the case on
 this principle irrespective of law, we would
 soon be involved in state of chaos and this is the danger in times of great public excite ment One would suppose, if we believe all that is said, that multitudes of our fellow citizens were guilty of heinous ofenses. In
 no other place but such a court of justice as
 this can these questions be properly settled
 when passion and excitement is excluded. In
 every instance of history where>the law has
 been strained to secure the conviction of persons in times of great pub lie excitement great injury has been wrought not only against the person himself,
 but against society in general. My friend propounds the monstrous doctrine for years rejected, that judges may construe criminal statutes according to their own ideas of the spirit. On account of the liberty of this State as well as it's jurisprudence, this case is one of grave importance.
 The arguments concluded, Judge Pickett said the case was so important and so many authorities had been quoted that he desired to take considerable time for reflection and investigation, and he consequently contin- ued the case to Monday morning at ten o'clock