Waterbury evening Democrat., 1890-09-11
POLICE COUHT.
The Herald's Lawyer Says Its Readers
 Are Trashy servant Girls and Hod

The Herald's Lawyer Says Its Readers Are Trashy Servant Girls and Hod Carriers.
 Tippy McCann, a youth of l9, with two companions named Delane and Mcdonald, indulged in the luxury of a carriage ride last night. About 12 o'clock they came down Baldwin street on dead run and turning the corner at Washington street, horse, carriage and occupants were piled in heap. Special Officer MOriarty ran to the scene and drew McCann from beneath the wreck. The carriage was completely smashed. Officer Moriarty arrested McCann and Delane and took the horse along with him also. Arriving at Grand street up. This morning he was sentenced to 30 days in jail. The team was the prop erty of Peter Kelley.
 Michael Higgins was before the court yesterday morning, but was let go with the remark by Chief Egan that if he came up again his name would be Dennis. He succeeded in getting full before noon and this morning his wife appear ed against him. He was given ten days in the townhouse.
 The court was delayed until half past nine to allow Fred R. Swift to appear. The charge against him was for selling a paper devoted principally to stories of | lust, bloodshed and crime. Attorney | Burpee introduced as evidence the issue of the Herald of August 3l. Several columns of matter were referred to and placed in evidence. He said that the word principally should be taken in the true sense of the statute as not meaning that every column should contain the news or stories designated. Attorney Cole admitted that one of the articles referred to was criminal news, but asked the court to strike out the rest of the evidence on the ground that the matter published was not stories but facts. Attorney Burpee objected on tbs ground that not any of the articles published were within the bounds of the statute | and the latter had only reference to such papers as the Police Gazette. F. R. Swift was placed on the stand, said the paper contained 56 columns, 21 columns of ''ads" and the balance news. Attorney Burpee objected to introducing other papers as evidence. Judge Bradstreet finally overruled his objection. Articles were then quoted from the World, Sun, Journal and American, all bearing upon the same principal as those published by the Sunday Herald. Attorney Burpee, $ argument was based on the claim that because other papers published such news it did not prove that two wrongs make a right. The New York Sun and Herald are not devoted principally to publishing such news as the complaint alleged. It is the embellishing of these articles with lustful words that brings them within the statute. Attorney Cole likened Attorney Burpee to the czar of Russia and a censor of the public press. In the interest of justice he thought Swift should be acquitted. even if there is anything proved. He related the circumstances of many prominent peo' pie having their pictures in the Sunday
 Herald, Brother Burpee among the humber. His argument was not made
 with any law in mind, but simply ar argument of protest. Attorney Baldwin closed his argument by an attack on
 Attorney Burpee. He exclaimed that the prosecution was made through
 malice and because a friend of the at
 torney's had been injured by the Sunday
 Herald. He gave recommend of the
 Herald which astonished his hearers
 when he said that the stories published were only read by trashy servant girl' and hod carriers. The remark fell likt bomb shell in the court room and Il
 was generally conceded that Attorney
 Baldwin made a bad break. Attorney
 Burpee in his reply scored Mir Baldwin for his reference to him and denied that the case was brought through malice He claimed that two clergymen anC prominent business men in the city were the complainants in the matter. Nil
 Baldwin had no connection with the
 case at all. Judge Brrdstrect continued } the case for a week to give him time t' : examine the articles.