Waterbury Democrat., 1903-02-09
STRIKE BREAKERS DISCHzl|
Found Not Guilty on Charge of Fir
 -Gartz Liquor Case.

RevoIver-Gartz Liquor Case.
 Judge Peasley presided at the sec. sion of the city court to-day. The adjourned cases Of Daniel !. Hogan and George Spencer. motorman and conductor respectively in tfses employ of the local trolley company, charged with breach of the peace on Saturday night, January 31, the date of the riot in connection with the trolley strike, in firing shot from a revolver were tried. Officer Bowling testified that about 12 o'clock, in the hottest part of the bombradment on that night, a car on Which Hogan was motorman and spencer conductor went along West | Maln street and stopped in front of pr Cranes residence CT whereabouts. The lights went out and then a pistol shot was fired from the front platform. Alter the shot was fired the motor man stepped back ainto the car. The officer went into the car and there were four employees of the company there. He looked around for the re- volver, but couldn't see it. Just then Officer Dodds came in and found the pistol under the seat. In reply. to 4 questions from Attorney Meigs, who defended the strike breakers, the off cer testified that there was large crowd about the car which was being bombarded with stones and other mis- siles. Asked if motorman was in danger of losing his life on the cars that night, the officer replied that if you get on the cars you have to take q your chances. Doorman Dodds also testified in regard to the mems arrest. Attorney Meigs said that he under stood that the prosecuting attorney was not going to try the cases, but was to nolle them. He asked for the mems discharge owing to lack of evi- l dence. Judge Peasley found the men not guilty.
 The next case was in charge of Liq- Z uor Prosecutor Pierce. Herman Gartz was charged with keeping his saloon at ? Mattatuck street open after 12 o'clock Saturday night, January 31, and also with keeping his saloon open on Sunday, February 1. At the open ing of this case there was a warm passage at arms between Prosecutor Pierce and Attorney Root who de- tended the accused Before court At torney Root asked for an adjournment and Prosecutor Pierce refused to grant it. After the case was opened the prosecutor asked Attorney Root if he would admit that the accused haa a license to conduct business at 2 Mattatuck street. 1T won't admit anything" was the reply
 Attorney Pierce: Fl shall have to ask for an adjournment until We'd nesday. then, so that | may send to 5 Nax1y Tor ,r,l evidence. I would like to say that it is the first time that a request of the above nature has been refused to me. In the future in cases in which Judge Root appears I shall send to New Ha- z ven for witnesses and for the neces- sary evidence at the expense of the defendants."
 Attorney Root replied that he op- posed the adjournment of the case and also the threats of intimidation which the prosecutor had made. Al man must be convicted before he has ( to pay the costs 1T asked for ad- journment and it was refused aud there was absolutely no earthly req son for the refusal When told him that the warrant was not served until p. m. on Saturday. he replied that the man had all day Sunday to secure q lawyer and yet he objects Go man i selling on Sunday,
 The case was about to be adjourned when Attorney Root said that he f would rather admit that the accused had license than to have the case . adjourned. Sergeant Pagan testified that about three minutes after twelve Saturday night he went into Gartz s saloon. in which there were about 20 {, persons He ordered the saloon to be cleared and his order was obeyed \ by the proprietor. That was all the evidence on the first charge and the ] judge, thinking that it was all the ev- 1dence on both charges, said he would ' continue the case until tomorrow
 morning when he would pass judg- 2 ment on it. But Prosecutor Pierce !, stated that there was different evil . dence for the second complaint. Carl
 D. Clapp physical director of the Y. M. c. A.. testified that at about 1920
 Sunday morning he saw a number of 7 people going in and coming out of
 Gartzs saloon. His evidence was
 corroborated by James M. Humphrey.
 Prosecutor Pierce said that no com plaint would have been made because
 of Sergeant Pagan finding the saloon II open q few minutes after twelve, for
 that is liable to occur at any time, but T for the second breaking of the law at
 12:2O. He said that it was very
 bad time to keep open Il saloon on the {, occasion of such disturbance as that
 of Saturday night, January 31. and that
 a man who would do so should receive . no consideration. It was, in his opin 7 ion, case where big crowd was
 out many of whom were thirsty, and
 the accused saw a good chance oi
 making money. Judge Peasley i'm
 posed a fine of $50 and costs on eacf
 complaint. An appeal was taken
 bonds of $100 being furnished in eacl
 case.
 TIMELY TnprCe