Waterbury evening Democrat., 1903-11-28

the now famous Fabers switch on the night of February 26, closed yesterday afternoon after seven days hearing. It was one of the most tedious cases ever heard in the criminal courts here. Though in every legal aspect it was exactly the same as the cases against the eight strikers, in every other re- spect it may be said to have differed. In almost all points of law in which counsel in the strikers cases differed Judge Thayer may be said to have ruled favorably for the defense almost invariably. Tn this case the ruling has generally been the other way. The numerous obstacles put up by the de fense were thrown down by Judge Wheeler in word. And so numerous were these obstacles >and objections that instead of hearing them out as he did at first. Judge Wheeler toward the close merely said granted or de pied,' as the word fitted the situation.
 Frequently he intimated to the coun- Eel for the defense that their objec- tons were made merely for the pur- pose of prompting the witness in the stand. and not later than yesterday toward the close, when Attorney O'Neill told the court he did not under stand the ruling on a certain point raised by defense. Judge Wheeler told him in plain words that he understood the objection was raised merely for the purpose Of instructing the witness, who happened to be Miss Annie Quinn. sister of one of the accused.
 Rebuttal was on when the Demo crat went to press yesterday Vol colt took the stand immediately after to refute the statements made by his old landlord, Olin F. Hart, as to boo dle
 Detective Dodds followed him and he travelled over the ground on which he was examined and re-examined in the earlier stages of the case. He was put on now to refute the statements made by Thomas Quinn and Joseph Kelly They said they never made certain statements to Judge Burpee, but the detective said they did and in his presence. and furthermore that their confessions were voluntary.
 Detective Dodds was the last witness and the arguments were immediately begun, Attorney Durant opened for the state.
 IL said:
 '"The only reason that the accused are here to-day is not because the troll ley company is pushing the case, but because of their own criminal acts. 1t is the state. not the company, which Is seeking to find out who com united this assault.
 T do not excuse WOlcott for the part he took in this outrage and I suppose the attorneys for the other side will try and make him out te be $ the vilest object on the face of the earth and so would in a measure prepare you for their outburst of in- vectives and for their wealth of tell 1ng oratory.
 You will agree with me that there are two sides to every question and consequently there are two ways of looking at Wolcott. It is a brave man who dares to do what he thinks is right, especially when his action may bring down upon him the scorn of a certain class of people. They would not object to Wolcott's confession if it implicated only himself It is when it affects these men here that they arise in wrath and malign him. They will belittle his veracity and say that he is liar but I say that in his statements on this stand he has told the truth. Allowing if you please that his position is not an en- vfable one. shall the accused be per mitted to profit by Wolcotts position? Shall they be excused because Vol colt has told on them.
 Attorney Kennedy then addressed the jury and spoke as follows:
 The liberty of eight young boys rest with you. They are charged with conspiracy and assaulting two men they never knew or saw until after February 26th last. This is an i'm portant case to each accused, and the power you possess in relation to each one calls for the most important and serious consideration of each juror. We all love our state, believe in law and the protection of every man, wo- man and child. The laws of our state have been broken and two men were assaulted. They were strike breakers working for the Connecticut Railway & Lighting Go. A strike on the troll ley line in this city was in force. but the accused were all working boys in the factories fin Waterbury. with
  and contented with their employment. The accused had no sympathy for the men that left the employment of the trolley company; unacquainted and unknown to the strike breakers Who laid the plot, formed the conspiracy and committed the assaults claimed by the state? Who had the motive to commit this assault and who expected to gain anything by the commission of said act? Was it these young boys employed in the workshops in this city, or full grown, bodied men?
 The state of Connecticut is big and generous enough and it's officers effi- cient, capable and willing to bring before the bar of justice the men that assaulted Merna and Morrissette, but hard working, honest. peaceable and God fearing boys should go free.
 The law throws every safeguard around the accused boys and the state must prove beyond reasona hle doubt