The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1895-07-27
COURr RECORD.
Judge Cable susrends Judgment In the
Case of Presiding Elder North.


The trial of Presiding Elder North
for contempt was concluded in the city
court yesterday morning, The case was
down for argument at 10 o'clock, but it
was 1880 before the docket was cleared
OF minor cases.
The attendance was not large, City
Attorney Matthewman made the open
ing argument, occupying half an hour
Mr.. Matthewman said the accused
had tried to shield himself by explain
ing that he did not know that he was
talking to reporter, Referring to the
testimony of Mr., North, in which he
said he understood Mr., Mcguire to say
that he was on a journey, when testi-
mony by Mcguire, eorroborated by
Silas w. Kent. a witness for the de-
Tense, went to show that he said he
was Journal reporter, Mr.. Matthew
man said:
81 have come to the conclusion that
if it were any one else who sat in that
witness stand and made that state
ment, l would say and l would be-
lieve that he--I don't mean that Mr..
North debut If it was some one else
whose standing in the community was
not quite so high-was classifying the
truth. How was it that Mr.. North mis-
took the word Journal for journey and
how it was that after hearing that
practically complete stranger was
going on a journey he> should go into
an extended conversation with him?
1t does not seem possible that such
were the case"
Attorney Charles Kleiner followed for
Mr. North. Addressing the court he
asked whether this was a case of con-
tempt at common law. If so he held
that the proceedings were all wrong,
because at common law the accused had
right to judge himself of contempt,
and if he did so, and doing So he should
swear falsely, then he should be pro-
ceeded against for perjury.
Judge Gable, interrupting counsel,
said the trial was going on simply in
pursuance of the request of the accused.
Judge Gable then explained that Mr..
North had no right to a trial, not hav-
ing come into court and having refused
to admit or deny his guill and then
having requested a trial. a trial had
been granted.
Mr.. Kleiner then proceeded with his
argument, Judge Pickett following for
Mr.. North and Mr.. Matthewman closing
for the state.
At the conclusion of Mr.. Matthew
mans argument Judge Gable gave his
decision as follows:
"There has been some criticism con-
corning the mode of procedure in this
case. / wish to say first that the pro-
cedure was in compliance with the re-
Al in my nnip-
ion he has had fair and full trial.
"Mr North, when first read this
charge in this case as published in
Meriden, I must confess that l was
very much concerned, having In mind
as 1 did that this city and this
court had, during the last three years,
received material aid from some of the
most eminent men Of your profession In
the suppression of crime and vice in
this community. And at the same time
in recalling their counsels and their
constant endeavors to purge this city of
crime and for Tightening of the burdens
of this court, said to myself, 1t can
not be that a minister of the gospel,
conspicuous in life by all the advant-
ages of education and place, would ut
IHI SuCll WOldo Loi SiAS 80
dividual.' This very moment / feel the
| impression made upon me at that hour;
and in considering this case have been
trying to forget that this case is not a
case against an individual, but that it
IFS a case against the state of Connecti-
| cut, and very serious one; a very
1 serious one.
| IF such a state of affairs exists in
| this community as intimated in that
| article published, then this court is in
! a wretched and miserable condition.
| The law has become a byword, and 1t
| cannot be trusted to do the work of
| justice.
"But such a state of affairs does not
exist in this community and never has,
| in my opinion, and never will; and I
think that the man who uttered 1t knew
| it. This court gives special protection
| to no man, and it's proceedings are
not predicated on public opinion, lineage,
wealth or social position: not at ALL
| And it seems Incredible that any per-
son should say 80. The records of
| this court will not disclose any such
| thing.
Nevertheless such statements have
| been made, and you are charged with
making them. Now, who made them
The evidence is too fresh in the mind
of the court and the counsel and your
mind for any discussion in detail The
| evidence of Mr.. Mcguire is straight
| forward and concise in every particular;
| your testimony Is precise in every par
| ticular. Where paraphrased it is iden-
| tical with that of Mr.. Mcguire, the tes-
timony Of Mr.. Kent to the contrary
notwithstanding.
| ct feel this way after reflection, and
| I have given this matter considerable
reflection, and tried to forget how 1
| have felt, and / have made up my mind
| that IN this case I will suspend judg-
ment, not by way of pardon, under
stand, not by way of pardon, but for
| reflection and consideration"
4 At the conclusion of his decision
| Judge Gable left the bench, and Mr..
Matthewman, addressing Mr.. North,
| said:
''You may be called up in this case
six months from now, if anything more
| is said"
| City Court--CrimiDal Sfde-Judge Cable,
| Charles Gugliamino, Gussepi Guglia-
mino, Antonio Gugliamino, Cusmo Gug-
10 ,,,iY,o Iobn OIL iTioboa1 Apoa,o