Waterbury evening Democrat., 1890-09-01
SWIFT FINED s1oo AND COSTS.
Mayor Baldwin Takes the stand In
 the Criminal libel Case.

Fred R. Swift's plea, in the police court this morning, to the charge of li- beling Mayor c. R. Baldwin was. not guilty. Prosecuting Attorney Burpee called as the first witness. Joseph Dev- eraux. He was shown the copies of the Herald in which the alleged libel was printed, and said that he sold copies of that issue, having purchased them in the Herald office. Attorney Charles G. Root, who appeared for the accused, asked to have the case thrown out, as there was no direct statement in any of the publications whereby libel could be shown. Judge Bradstreet took differ ent view and said there was prima facie evidence of guilt. The defence then called Mayor Baldwin to the witness stand and the following was his testi- mony "Have been mayor of the city since January 1, 1890. Don't know what you mean by the Rattlesnake quar- ry. Have no interest in the quarry worked by John Tucker. Have been to the quarry several times. Tucker has no open hank account with the Manu- lecturers National bank. Did see a boiler at the quarry. Don't know whether it has been paid for or not. Have an i'm pression it was purchased from Bigelow X Go, of New Haven. Have an inn pressiOn Tucker gave small notes in pay ment. My name was not on any of the notes, unless put on by someone else. Don't know that he is using tools be. longing to Jericho quarry; presume he 1 is. Don't know any such company as Jericho quarry company. There was such a company but it had a torturous career. Am not one of the officers, un- less a director. Don't know whether the company has money or not: | I hope it has. suppose there are some cases pending in court now, brought by me against company. think was treasurer, 1 don't remem- | ber." Here there was considerable dis cussion in regard to the ownership of a steam drill in which Tucker and James Sutton were interested. ''The workmen were paid in cash many times. Have loaned Tucker money and shall continue to do so as long as 1 please. Don't know how much l loaned him. I think l loaned him money every pay day. My loans were personal. Never knew that Tucker was bankrupt. Don't remember that Tucker came to me for S25, saving that his family were starving. Don't remember talking to any member of the common council or road board in favor of Belgian blocks. Was in favor of as- phalt until the change. Made no public statement that 1 was a candidate for congress, that is unless was chloroform- ed" Mayor Baldwin here created a laugh in which judge, lawyers and spectators indulged when he was asked about the Yale alumni supper. He said: II will take back my former statement; I might have said SO that night. be- lieve someone did nominate me for con- gress that night" Continuing his testi- mony he said; Sutton may have asked me for $25 for Tucker. I never refused anyone who was deserving. Sutton was not employed by me on election 1 ff rrl- SVN s,Nk, | member what was attached in the Tuck CT affair. Don't know when he opened the quarry. Did not know he had leased one, but knew the owner. I was a can didate to purchase a quarry owned by parties living in San Francisco. Cannot say the Jericho quarry company is Tn existence: suppose it is in bankruptcy. The quarry 1 tried to buy was the Rid path. Think Tucker got his hands on all he could: l was left in the cold" On cross examination the witness said quarry. but no other. and it had no connection with the quarry which is furnishing the stone for paving Exchange place. No other witness was introduced. Attorney Root made a good argument considering the evidence, but touched :principally on the owner ship of the Tucker quarry and drifted
 
 of tampering with the members of the common council and the road commits sioners to secure the Belgian block sys- tenn. Attorney Burpee's argument was scathing one and as he uttered his re- marks he looked direct at the accused and sarcastically read clippings from the Herald, which said that the people had called on the publishers of the Herald to stamp out this political ring, and they were going to do it. He declared that the articles were written and printed in a spirit of animoSity and spite. Judge Bradstreet took the same view of the matter and fined the accused S100 and costs. An appeal was taken and bonds ot S200 were furnished by Albert E. Smith. It was the general opinion that the defense presented very weak case ln introducing only one witness and that one the accused in the case On the other hand the Herald people say they will have witnesses enough when the case reaches the superior court. Prose- cutting Attorney Burpee offered to fur nlsh plenty of witnesses, among them being men who are familiar with the different qualities of rock. Many mem | bers of the common council and road commissioners were also present to give testimony for the prosecution.
 Thomas Moore was fined $1 and costs for drunkenness,
 The four Italians, Joseph Carlo, Michael Delaro, Tony Murwell and Frank Marlsl- no, who were charged with the theft of | silver spoons and forks from the Holmes, | Booth x Haydens' manufacturing com pany, had their cases nolled this morn | ing for SEQ apiece. Two baskets contaln- ing the stolen warewere on the desk in | the court room. The forks stolen had no | handles, but, being ingenious. rough hewn | wooden handles, held by a feurle, | were placed on the forks by the thieves | It was probably the best thing that could have happened the accused to have their cases nolled, as term in prison was surely staring them in the face.
 Some Foolish People