Waterbury Democrat., 1901-11-07
WALSH GOES FREE.
Judge Peasley's Ruling on Transfer Case To-Day.
WAS NO INTENT TO DEFRAUD.

The Case Has Attracted Considerable
 Attention and the Outcome Was < Watched With Interest-Attorney
 Durant Prosecuted and Senator Ken.
 nedy Appeared for Walsh.
 Deputy Judge Peasley has the dis Iinction of having heard the first, crlu- mai case in this state arising out of T difference between q trolley conduc- LOT and q passenger regarding the value of transfer. Yesterday Tho mas F. Walsh, painter living in Nan gatuck. was arrested on rha complaint of Superintendent Wales of the local branch of the Connecticut Railway and Lighting company for fraudulant- " eyading paying his fare. Tn the citv court this morning Senator Kennedy defended Walsh and Attorney Dnrant prosecuted.
 Napoleon Roy. the conductor who hgured in the case, was the only Wit ness. His evidence showed . ti.at Walsh came to town on Monday morning about z o'clock from Naiie;l- tuck. He got transfer, but having 1o wait for car at Exchange place and shiyer with cold meanwhile, lie decided on walking to his destination or let the car overtake him. He l,al proceeded as far as Brown street There Roy asked for lis fare. The transfer was rendered and it was re. fused. The usual collouuy thereupon took place. Walsh gave his address and where he worked 10 the condiic- tor. Walsh was not put off the car. as rule regulating the conduct of conductors while on duty forbids st.ch q course. Roy reported the matter to Superintendent Wales md Walsh's dr. rest followed
 Attorney Durant tried to pun transfer in evidence. but Senator Ken nedy objected. claiming that only lie one rendered by the accused 10 the witness could be offered as evidence On this point the case rested IF was finally allowed, after considerable dis cussion, that all transfers were sin- lar.s Roy said he did not read the transfer. but remembered seeing on it something to the following effect:
 Good for this trir only from Ex- change place or on ne2 '.ar after time punched"
 Senator Kennedy ob. ected to this He said transfer is not good until lt is punched by the conducror,. no more is the piece of pasteboard sold al rail- road stations of any value until they are, stamped by the station agent A copy cannot be allowed. This question was a question of property and inci- yidual liberty. A question of ; cents on one side and q mans liberty on the other.
 The copy of transfer was allowed. however.
 yrffpaCsy ,tlan sract1f1a1 LJa co1f that the accused refused to pay 1lis fare after the transfer was rejected as payment. He could not tell exactly what was on. the transfer, but pre- sumed it was like the other transfers used except in color. Witness had just put a bunch of transfers in hls vest pocket and the prosecution asked him if he had anything on his person that would remind him what was on the transfer Senator Kennedy ob- jected to this form of assisting the witness. However. it yaS allowed. and the witness resumed and stated that Walsh wrote his address ana the place where he was employed on q paper and gave it to the condnctor.
 Then it was shown that the morn ing cars run five minutes ahead of time up to [ o'clock and that coase- quently Walsh had five minutes lo wait for his car upon arriving at EX- change place. and that the conductor did not tell of this. He preferred ID walk and keep warm than wait and get cold, so he walked. At this point Senator Kennedy moved the dischaig ge of the accused He held that his Cti- ent was not fraudulently guilty oI evading paying his fare. The case be fore the court involved the rights cf the public and the rights oi the trolley company. Walsh had Il light 10 l'c informed that he would. have 10 wait five minutes for his next ear The company violates it's own rules lly running it's cars ahead of time, but 'r comes to court to have another of its own rules enforced. Was such a pro- ceeding reasonable? asked the Sena- tor. The company's rules must De rea- sonable Was it reasonable nor TO It. form Walsh that he should nave ID wait five minutes for ais car aEG llleii to have him arrested for boaiulng thar car? Was it reasonable for the company to allow it's passenger. Walsh. to wait five minutes ill the cold when 1t could have told bini ne could as well have waited in the car! The rule. if seems, is that the cars shall run five minutes ahead Of liiDe mornings, yet no one IS ilIofh.et or this That if there was an accident on account of running frye inmates ahead of time. would the company come to court and admit t?
 Attoney Durant replied that it was for the public the cars were run ahead Of time. When a passenger takes a transfer he accepts the conditions upon Which it is issued. A transfer cannot be demanded by passenger: II is a favor bestowed by the company upon its passengers.
 Judge Peasley ruled that any pas ennoof. who did not read the transfer might e silly render himself liable to arrest. Walsh did not net fraudulent ly. Apparently everything that passen ~ between him and the conductor was nleasant and friendly Walsh wrote out his address and the name .oei the nlace where he was working and gave the paper to the conductor. Walsh was accordingly discharged.