Waterbury evening Democrat., 1907-08-21
UNDER $500 BONDS
Sawdey and Curley Before
 Judge Burpee To-Day.

Charles J. Sawdey, publisher of the Sunday Telegram, and John H. Cur ley, editor of the paper, were bound over to the superior court in the city court this morning by Judge Burpee. for having published on Sunday morning, August Il, story concern | ing Baron Torkomian, Christian Delkescamp and Myra Murray Dell kescamp. They were charged with breach of the peace having violated section 12S4 of the general statutes, which says that any person. who shall with intent to intimidate any person, write or print, and publicly exhibit or distribute, indecent or abusive matter concerning any per son shall be fined etc. The maximum fine for the city court to impose is $200, but in the superior court the persons or persons found guilty may be fined $500 or given years inn prisonment or both.
 Judge Burpee in passing on the case said: T do not think that the story even though true, was justifi- able considering the style in which 1t was written. It looks to me as though 1t was written in an offensive man. ner and I will bind the accused over to the superior court under bonds of $500 each.''
 Attorney Howard Webb of New Haven was present to appear for Delkescamp and to assist in the pro- secution. Attorneys Frank Guilfoile and Harry Minor were there to repre- sent the defense.
 It was evident from the start that the prosecution would make no great effort to repudiate the story that Is in regard to facts, but would endeav- or to show that the article was writ ten in an offensive manner and, as 1t was published, was breach of the peace.
 The defense was prepared to sub- stantiate all statements made in the celebrated story of which so much has already been heard and stated that 1t would show that the charac- ters in the story were as bad as painted.
 MT and Mrs Delkescamp, Baron Torkomian, and the two women who played a prominent part in the Tele- gram story were in the court room and the three first named testified.
 During the trial there were many arguments between the lawyers and much time was consumed in quoting paragraphs or decisions of similar cases. Indeed had the court allowed the barristers might have continued until night.
 At one time Attorney Minor was endeavoring to have Baron Torko- milan answer a question which the prosecution had objected to. The Baron nevertheless made the answer.
 On one occasion Attorney Minor asked one witness if he had ever heard any one's name besides c. j.. Sawdey's mentioned as the owner of the Telegram.
 "Yes," came the answer.
 Who was 1t ?" continued Minor.
 "No," shouted Guilfoile, who did not want the question answered.
 Henry Baumgartner and Joseph Devereaux were the first witnesses called, their testimony being intro duced to show that they purchased their papers at the Sunday Telegram plant in Franklin court and that they made out their checks to c. !. Saw dey. Clifford Ells was next called. he having had conversation with John Curley the day following the es. capade in Torkomian's office. Els told Curley that both Torkomian and Delkescamp had informed him of the racket the night before. Els also said to Curley that Mrs Delkescamp was all right and as far as he knew was now leading good life no mat ter what her past had been.
 Delkescamp stated that he was married at the South church. New York on January 3. 1907 He relat- ed the fight which his wife had with Mir Sawdey the morning on which the story appeared in the Telegram and said that Sawdey pulled a pistol partly out of his pocket. He said he did not think 1t was necessary to an- nounce his marriage when he came from New York.
 The questions of Attorney Guilfoile as to whether Myra Murray had not lived with him proceeding their mar riage were stricken out.
 The defense tried to have Delkes- camps record admitted, but the court said that no such evidence was ad- missible unless he had served time for having committed theft. At this point copy of the story was intro duced and given to the court. Later when the prosecution endeavored to have several different articles lntfu- duced concerning Torkomian, the court was asked if he were supposed to read them. ''If am I will right now exclude that testimony" he said.
 Mrs Delkescamp, who appeared in court with her baby in her arms. took the stand. She said she had lived in Waterbury since a year ago last December. She also stated that she was married in January Of the present year.
 Baron Torkomian was eager to tell of his troubles with Sawdey. and it was with difficulty that he understood that his evidence was being objected to. He was told by Sawdey that he was going to be smashed to pieces and driven out of town If he did not advertise In the Telegram. obiec- tions were coming SO fast that he fin- ally said that he "eould not tell the story If they would not let him"
 When he had finished Attorney Minor said in a slurring way. Have you told all you want to tell now. The court immediately informed the