Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1894-06-20

and you should insist that he should ap-
pear and bring his witnesses with him.
Swayne's conduct in the affair has been
oowardly. and judging from his actions
tonight think he is insane and crank.
I challenge him to bring one iota of EVIL
dence against my client.
DR.. Fleischner-My time ia too valuable
to permit my citing here listening to
flights of rhetoric from two legal lights.
Let Mr.. Hamilton prefer charges or shut
up and sit down. I raiae the point Of
order that as no charges have been pre-
ferred, there is no business before the
board and move we adjourn.
The motion to adjourn, however, was
not seconded, and Attorney Hamilton con-
tinued: "Threats have been made to
Swayne that he would bs sued for libel
and SANDER before midnight tonight. Mr.
Asher's remarks about crank are entirely
unoalled for. The court 10 the proper
place for this case to be tried"
Attorneys Asher and Ely-If Mr.. Swayne
will make his charges we will agree in
writing that we will bring no suit for SLAM
der or libel against him.
Attorney Hsmilton-You can't make
any such bargain. Any lawyer knows
such an agreement would not be legal.
Attorney E'y-Does Mr.. swayne make
any chargesa
Mayor Ssrgent-He refuses through his
counsel to make any, at least to night.
Mr.. Ely then suggested that the board
ought to have an entry made upon its rec
ords to the effect that the charges had not
been presented and that the officials were
therefore not guilty.
Attorney Hamilton-That would be a
most unusual proceeding. We do not say
that We will not present charges, but are
not ready to do so tonight. Because we
don't bring them to night Attorney Ely
asks you to exoulpate the men of charges
which have never bsen presented or tried.
We dc not prevent you making an investi-
cation, and If We are summoned in as wit
nesses We will tell the truth, the whole
truth and nothing but the truth.
At this point there arose eharp tilt be-
tween Attorneys Hamilton and Ely, during
the course of which the words 'liar" and
Contemplate liar" were heard distinctly
by all present.
Commissioner Blake-I move we 90 into
executive session. The motion remained
unseconded.
Commissioner Manning thereupon urged
the passage of his resolution, and in order
to bring it properly before the meeting
DR.. Mcneil seconded 1t.
Mayor Sargent-There are no charges
here that am aware of. Unless We have
charges made to US We can't try them. We
may investigate at some future time, but
not to. night.
DR.. Fleischner-I shalllvote against the
resolution as presented. I will, however,
amend it by inserting in it that the editor
of the New Haven Register, Reporter Will
liam L. Clark, Health Officer Wright, CLERK
Bailey, Walter s. Swsyne and any and all
witnesses as they may have, be summoned
before this board at special meeting to be
held Friday evening, June 20. We have
no right to take notice of newspaper sto-
ries. They are more gossip sold for one,
two and three cents per copy. Many of
them are like wives fables. 1t Is simply
ludicrous for us to sit here and coneider
wives fables printed in newspapers.
Attorney Asher took exception to Dr..
Fleischnel's utterancss, and claimed that
day should be set for an investigation
of the charges.
Mayor Sargent-We have no charges be-
fore us. There is nothing that We can take
cognizsnce of. BY our silence we show
that We have not lost our confidence in
our officials. The only way for these m en-
to do is to 60 before q court in Islander
suit. There the whole matter could be
settled. Under the circumstances any in
vestigation made by the board of health
would be but little more than farce. It
seems to me that non action on the part Of
the board would be construed a. vindica-
ton BY the public, and this would be salts
factory to the officials.
Commissioner Graves-I will now second
Mr.. Blake's motion that we 60 into xeou-
tive session.
This motion was strenuouly opposed by
Commissioner Manning, who argued that
the public had right to know what the
members of the board were doing In the
case, The motion was finally lost by
vote of to 2, tho only members voting for
1t being Blake and Graves.
The amended motion Of Commissioner
Manning was then unanimously adopted,
the mayor authorized to make all prelim-
mary arrangements for the investigation
and the meeting adjourned.