Waterbury evening Democrat., 1903-03-13
'MO!ORMAN eos SCOT FREE
Arrested For Fanre to Strike
 Gong At 0ossings.

Gong At 0ossings.
 Despite the Evidencef Two Policemen
 and the Able Argqent of Prosecu- tor Durant, He W. tAcquitted-The | Prosecutor Said HeIad shown tha ] Accused to Be Lia
 1 Another strike-breal. was fo,nd
 not guilty in the city .urt to-day hv
 Judge Peasley of vioting inc law
 The man, Charles Fish asmotorman
 on the South Main stAt line. was
 charged with breach oihe peaca in
 using abusive language ward Officer
 Schlepfer. The officer stifiad tba+
 Wednesday afternoon theccused was m0torman on a south-bdd car and
 that he failed to strike hisong at the
 crossings at Meadow andIay streets
 At the latter street he boaed ina car
 and asked the motorman his nm.
 Der, telling him at the time,at ha evi-
 dently did not know the larepardir,p the striking of car gongs 5roachino | street crossings. The mo,man re,
 piled that the officer was tooresh and did not know his business.He told
 the officer to get off the ca Tn re- l sponse to Attorney Meigs. cosel for
 the accused, the officer testifiebe was
 not union man, that he did have
 lit in" for the motorman, or at he ever stood in a doorway and inted
 jeeringly at the motorman.
 Special Officer Fitzgerald c0bo.
 rated the above and added that t1ron- yersation between the accused althe complainant took place on the pnt platform; that the car was stopI "a while and Officer Sch1epfer askedm what he should do. Witness adbd
 him that in view of there being qe 1 a, crowd around and some passenk | on the car, it would be better to the man make his trip to NaugatI l and take him into custody on his l turn to Exchange place.
 John Canfeld, a clerk at Bowers 1 store, near the corner of Clay an, I South Main streets, said he was stand l ing at the door of the store and saw l the car approach. He did not hear the gong strike as it passed Meadow street
 nor as it approached Clay street. He 1 also testified to the crowd being around and evident excitement growing. i Harris Scott. counter for the troll I ley company said he was on the car 1 and that the gong was sounded at both crossings mentioned. He stood on the rear platform and did not hear any
 conversation or talk between the mo torman and the policeman, and he
 claimed he should undoubtedly have
 heard it had any taken place. He took | -fv i1ns o$ all the crossings on the way and back,
 because he had heard lne police were watching the motorman. He denied speaking to Boss Farley or to anybody whatsoever except Attorney Meigs
 about this matter, and he did not know
 how Attorney Meigs came to know he was on the car except by his pass num- ber George N. Derrigan got on the car at Benedict & Burnham's switch and he heard no talk between accused and complainant but he did hear the gong.
 l Fisher then took the stand. He said that when he told the officer he did not
 know his business, the officer replied,
 Well, I'll let you see if know my I business" Onlthe way up to Exchange l place the officer said not word to him \ from the time he got on the car until they reached Exchange place, and then he said: You come with me" Ac-
 cused asked to be allowed to fix his fender and the policeman would not l allow him. Then a smooth-faced man
 came up and told the officer he could not sstake" accused, but advised him
 to take him to the companys office. The night before the officer called him
 down for not ringing his gong. Of this 1 he was sure. Then he was not sure.
 It may have been Officer Fitzgerald. | Then he said it was either the one or 1 the other. Under cross-examination l he testified that he came from Brook 1 lyn, where he was employed by tue
 Brooklyn Rapid Transit Co; that he I threw up his place there because it be-
 came too monotonous, and he came here 1 in response to letter received from q l friend. He reluctantly admitted that 1 he had trouble with another policeman. Ofhcer Brickel. Attorney Durant had him confounded now and got him to state that he came here in January l 20 last; that he got through in Brook
 lyn in February: then that he got l through last fall Whateyer time it was he got through in his last place. he said he has since been iailroading at various places. Virginia, Hudson Valley and Philadelphia. Attorney
 Durant had him completely mixed up. William J. Young, the conductor on l the car, corroborated the motoman so far as his testimony regarding the
 breach of the peace was concerned.
 Deputy Sheriff Walter NJ. Irvint Man. lager Sewell's body guard, also tstified
 for the accused.
 Then the court said that the evidence l for the complaint was very suscetible and that it was a side issue to thtfail-
 ure to ring the gong. as it appeard to l the court. The prosecutor remhded 1 the court that it was the best evidnce
 he had and that he had shown theac- l cused to be liar. that he had "sassd'' | the prosecutor. Was the evidenceof such man to be taken against thatOf two reputable officers? His condct
 and his speech showed he was desirds | ho1n