Waterbury evening Democrat., 1904-04-02
.TUDGECOLE ON HIS
 SAILED INTO |
He Says They Are the Ones and Not B. Should be Behind the Bars-Sel ure of To-Days Hearing Brought lbOut quest for a Postponement of<the CtyiIN Against Mr. Mattoon.

The board of directors of the Water town Savings bank and Donald T. Warmer, assistant state's attorney for Litchfield county, were given few very hard knocks by Attorney Cole at short calendar in the district count to- day at hearing on motion to post pone the case of the bank against B. H. Mattoon, its e1-treasurer, and his bondsmen, John H. Taylor, Emil O.. Marggraff and Mir Mattoon's father.
 Attorney Carmody appeared for the motion and Attorneys Cole, Minor and Pierce of Bristol opposed it. MT Car mody said the chief reason for asking for it's postponement, though 1t was to have been heard to-day, was be cause of a request by MT Warmer, who informed him that 1t will be ne- cessary to use certain books belong ing to the bank and some of its depos- tors in the criminal case in Winsted Tuesday. And as these books will also be necessary in the trial of the civil case they could not be in use at both places at the same time An other reason was that one of the de- positors whose account. it is claimed, was fialsified by MT MabtoOn, is over eighty years of age, and this person will be necessary at the criminal trlal against MT Mattoon which has been set down for Tuesday in the superior court in Winsted-
 MT Carnody thought the civil case will take about week. 1t is claimed that MT Mattoon made false entries on the banks books by making it appear that certain depositors had made with drawaIs from their deposits Dam hges Of S1O,OOO are asked against him and his bondsmen.
 Attorney Cole said the motion to postpone the civil case ought not to be allowed. He was counsel for MT MattOon ana one of his bondsmen and to grant poStponement would De merely to work a see-saw game that should not be tolerated. The state evidently desired to hustle Mir Mattoon to tha state prison. Mir Cole never heard of such proceedings as these. Tho board of directors Of the bank first select their own tribunal; they pile up the costs as high as possible, making it cost for one attachment some $56 Then the case was set down for hearing and a dozen disap- pointments follow One postpone mrent after another is allowed, judges find themselves disqualified and a search had to be made all over the state before one could be found.
 @If anyone ought ito be behind the bars, roared MT Cole Sit is the board of directors of this bank. and they are merely trying to cover up their tracks by arresting this man. It is a fiimsy case: there's nothing top tt. Always, or mostly so. the plaintiff Is ready tc go on with hds case. It is the defend ant usually who seeks delay But that is not the situation in this case The fact is they don't want Mattoon here when this case comes up They want him in jail. It was very curious that it was the board of directors and not the bank examiners who found these alleged false entries in the banks books, and it is the directors who want this case postponed now. sWe all know the old gag used by the state's attorney. We poor fellows work for the filthy lucre, but 1t is duty, duty that takes the states at forneys to court We must do olll duty they say, duty, duty, nothing but duty with them. and then they exer all the arts of the pettifogger to vii their case.
 INT Burpee says the case will no I be tried here to-day. How does ht 1 know? But it's strange they seem tt know everything beforehand. Its like the old trick, now you see 1t, now vol 1 don't
 MT Cole then sat down and Attorney l Pierce of Bristol, representing MI Taylor, one of the bondsmen, 1 spoke
 I He said he felt the bondsmen wer' not dealt fairly with. There wa' something not straightforward in ths conduct of the case so far, and tht state at least ought to keep its hand: clean. It was only reaosnable tt
 suppose that the state has some kint
 of a case when they put up an ac cused person. but why should 1t bt important that the criminal cas-
 should be heard first when the cfvi
 case was set down for hearing to-day