Waterbury evening Democrat., 1888-05-01
AWAITING THEIR PUNISHMENT.

AWAITING THEIR PUNISHMENT. The Court Intimates that the Herald
 Publishers Will be Fined.
 Fred R. Swift, George NJ. Simonson and Harry Upson, stockholders and directors in the Herald Publishing company, came out of the district court room last evening | pretty thoroughly convinced that there l was halo of dignity about the bench of the district court, even when Judge Cowell sits there. When the DEMOCRAT went to press yesterday afternoon Constable O'Brien had just stepped upon the stand to tell the court what he knew about the refusal of the Herald publishers to obey the injunction fo bidding the publication in the Sunday Herald of an article entitled "A Comedy of Errors" After reading the injunction to Messrs Swift and Simonson he read it to MT Brown, the pressman, who said he took his orders from Swift.
 Business Manager Upson was called by Attorney Root, who said he wanted to find out where he was that night. Attorney Walsh objected to the prosecution calling an unwilling witness and the court allowed the questions. The witness testified that he was at the office, the depot and the K. of C. hall After that he started for Dill Ions house. He got as far as School street. He could not tell where he was until 5 o'clock, when he was in Swift and Simon sons room at the Scovill house. "Who pays yous" asked Mir Root. EI pay my myself" said the witness. To Attorney Walsh he said the pressman was under him. He did not know of the existence of the injunction until he saw Swift at a. m. The court put settler to the witness when he asked him how he came to go to Swlft's room at that hour of the morning. There was long pause for an answer, but the court did not get satisfactory one Fred R. Swift, whose name has until last Sunday appeared at the head of the paper as "editor and proprietor" was the next witness. He said that he went to his room few minutes after the injunction was served, but did not go to bed and that later O'Neil and Upson came in. To Attorney Walsh he said he was the man aging editor of the Sunday Herald. He explained how his name was at the head of the columns as editor and proprietor. He said it was the custom for New Y ork papers to do so, but when Attorney Root asked him why he had it taken from the col umns, he said because it ought not to be there.
 James c. White was the first witness called by the defense. He produced the | records showing the date of the organiza-
 
 George M. Simonson, associate editor of | the Sunday Herald and treasurer of the company, testified that the article entitled | "A Comedy of Errors' had been ad- vertised week in advance. Sergeant Bannon. friend of Mrs. Dough erty, introduced him to her, and he stated to her just what the Herald pro- posed to publish. He said that all the parties whose names were mentioned ln 1 it's article were shown the article. Every change that Mrs Dougherty had desired
 was made, but she said she could tell 6
 better story than that. Mrs Dougherty re-
 uuested that the article be left out alto gether, which request was refused. MI Root called in the evening and asked Ii
 there was any way of stopping it. Wit
 ness told him that the paper had already
 gone to press The injunction was served
 upon them later. This notice was immedi
 ately sent to the composing room:
 An injunction has been served on this paper b.
 Mrs Doughsrty Take out ut the ts story % about m he e
 place:
 This space Reserved A story to be published when the Courts so decide.
 COMPLAINANT MRS DOOGHERTY.
 Philip Donovan, foreman of the com
 posing room, testified to receiving thu i notioe from MT Simonson. This concluded the testimony and counsel preceded tt
 make the arguments which occupied nearly
 two hours.
 Judge Cowell said that he could not give
 his decission at present. He didn't take mucl , stock in dignitaries and pretensions ant individually cared nothing for such thing but he was a stickler for the dignity o l, courts There was, however, he said difference between an individual and | T. in1
 and another. He had grave doubts if h . had known that Mrs Dougherty had bee ) to the publishers and had suppressed poi tions of the article whether he would hay issued the injunction. He held that it wa not in good taste to publish such matte and that no paper ought to hold up to ridl
 cule such an estimable lady as he believe } this music teacher to be. The connectir
 of that woman's name with this article di l her an irreparable damage. Referring t 7 the injunction he said there wer two directors present when it wa t served and he thought that was sufficient
 They didn't go to the pressman and te him to stop printing the article. No, the went to their room, but they didn't go t sleep as they naturally would. O'Nei | and Upson were in their room at thre ! o'clock in the morning. It looked rathe . . strange that three directors and bas ball editor should meet at that time in tn
 morning. It seemed to him that no effo1 ', had been made to suppress the article an \ he could not see that the defendants ha .. purged themselves of contempt. Brow would be technically guilty but b : did not think he ought to be held respor , sible.
 The cases were adjourned until Saturda 9 morning when the decision will be give Q and hearing had on the dissolution of th s temporary injunction.
 @ WHAT IS COMING.
 A Proposition that Recalls the Necessit for Better Building Laws.
 The Prichard property, at Bank an . Grand streets, has been available for U lease for term of ninty nine years for son z time, and it has been considered that tl e ( property would be purchased, but it h. Il gone begging. Now it is proposed by tl a proprietors, Miss s. J. Prichard and Mi T c. c. Prjchard, to erect three story built $ ing on the Bank street front from the pre-
 ent dwelling to the little brick buildir d adjoining Benton's photograph gallery. # connection with this it is proposed to bull r. a one story addition to the house on u