Waterbury Democrat., 1903-02-14
MADDEN PROVED AN ALIBi.
Discharged To-day Was in Bed Whel
 Assault Was Made.

Discharged To-day-Was in Bed Whez
 Assault Was Made.
 Judge Peasley occupied the hanc,, ~ clty court again to-day and the greater part oI Ihe business of the court was que 10 the trolley strike. The contin. ued case of James Madden. charged with assault on William Branch. au inspector on the New York, New Ha, ven & Hartford railroad, was tried and the accused was found not guilty. Madden was accused by Branch of abusing and assaulting him on last Wednesday night in Oakville at a5osrt l1 o'clock, because he told Madden that he was going to ride on the cars Two of the witnesses for the stata Richard Fitzpatrick and Charles Ad. ams, who saw the dispute between Branch ana another man and also wifi messed the assault, testified yestnr5av mat Madden wasn't the man who com. mfCted the assault This mornin0 Madden himself, Mrs Madden. M1ss oohnson and Miss Atwood testified that on the night in question MT Mad ueh was ln the house at 10 O'Clock ra- urea about II o'clock, and did not leave the house until about 8 o'clock lHe next day. That is he was in he'd at the time that Branch said he as- sauIted him. It was long drawn out and hard fought case. It was somewhat enlivened by disputas be- tween Prosecutor Dmant and Judre Lowe. attorney for the accused over the admission of certain uuestions
 At the beginning of the trjaJ fl,e prosecutor asked that all the other wifi nesses except the one tastifvinc should be excluded from the room. as ne had his suspicious. Judge Lowe did not object to the removal of the witnesses, but he did not like the idea of Attorney Durant giving the court the impression by his remarks that the Witnesses were a lot of periurers.
 You're full of suspicious he said, addressing the prosecutor During his cross-examination of the witnesses Attorney Durant tried to show that they had talked the case oyer among themselves, etc, out of court. At the end of the case Judge Peasley said that he did not think that a jury would convict Madden on such evil dence and he accordingly discharged him.
 John Riley was charged with breach of the peace He was arrested by Deputy Sheriff ]. !. Walsh of New Haven, whose testimony was as fol- lows: He was standing on South Main street, near the Salvation Army barracks, about 10 o'clock last night, when he saw man on the opposite side of the street leave the sidewalk. walk to the car tracks and place some thing on it. at the same time remark ing That's me-" Waash told Sheriff Rametti to watch the man, while he was getting what the man placed on the tracks. It was 3-inch rife cartridge. one of those used by the mi itia It was placed lengthwise on the track the bullet part of it facing south in few minutes. Walsh pick. ed up the cartridge and then went after Riley and arrested him. Riley vas hanging around all night as if he wcrs looking for trouble 7 the Elm City slsf,- uty remarked. Deputy Sheriff Rs, metti testified to his watching Riley while Walsh was finding the cart ridge. Riley denied fhat he placed any cartridge on the track and said that he was out walking and crossed South Main street near Castles mar ket, when he was arrested. For what, he did not know. He was defended by Attorney Kelley. He was bound over under $500 bonds.
 The continued case of Joseph Shia- vola for breach of the peace was again continued. this time for 30 days.
 After court Deputy Sheriffs Walsh and Rameth asked Clerk McMahon for the fees for arresting Riley. The clerk objected to paying them on the ground that they are paid officers and as such should not receive fees. Sher if Walsh said that it was the first time that the fee had been refused. and that Waterbury was setting a new precedent in such cases. Judge Peasley took the matter under consid eration If he decides in favor of the sheriffs, Walsh wiT receive $1.S9 and Rametti $1.60.