Norwich bulletin., 1912-02-05
END oE PHANEuE cAsE.
Plaintiff Makes No Appearance, by Advice of Spiritual Adviser, Rev. J. J. Papillon--Latter in Court, But Makes No Statement


 Jan. 29 the criminal action against ETelius Phaneuf, charged with rape on Fortunate Trndell, was nolled be- cause of failure of the complainant to appear in court. At that time Prose- cutting Attorney E. Frank Bugbee pro- duced a letter given him by the girl that said she was going to her home in Canada upon the advice of her pas tor, Rev. J. J. Papillon. Judge Arnold instructed the prosecuting attorney to either formally or informally notify Rev. J. J. Paplllon to appear in court Saturday morning and explain his part in the affair.
 When g o'clock struck Saturday morning no one had seen Rev. J. J. Papillon enter the courthouse. Judge Arnold waited until 9.10 o'clock and then sent Officer Paulhus to see if he could find the pastor in the courtroom, He reported that he did not see him in the room.
 Judge W. A. Arnold took his seat upon the bench. Judge Arnold said: Tn order not to be misquoted in tms matter, I have prepared statement that I will read"
 The statement was as follows:
 Tt is an occasion for regret that Rev. J. J. Papillen has not seen fit to take advantage of the chance this court gave him to explain this letter i'll which 1t is stated he advised the complaining witness in the case of state vs. Phaneuf to absent herself from the trial
 Tt is not question whether the ac- cused raped and violated a young, in- nocent girl, barely 19 years of age, and
 
 of crimes save murder, but 1t is question whether the law of the state of Connecticut is supreme and whether or not justice can be thWarted by any one, no matter how well meaning. The state of Connecticut, not Fortunate Trudell, was the plaintiff in this case, and if a crime had been committed the state of Connecticut has been injured as well as Miss Trudell Even though the complainant herself might be dis inclined to pursue her case, the state not merely for the sake of punishment but as an example to others who might also lose control of their passions was bound to try the issue involved.
 Without assuming that Rev. J. J. Papillon is responsible for the disap- pearance of the principal witness in this case, such 8 construction may be placed upon his absence or lack of ex- planation.'
 When the court reached this point someone was heard to remark: I am here Judge Arnold looked up and asked: Are you Rev. J. J. Papillon ?? The question was answered i'll the af- fir1native. The priest had been sitting in the rear of the spectators gallery He was requested to step down in front of the bench. Judge Arnold asked him: Do you know Fortunate Trudell?' The answer was. T know her" The court next asked Did you sec her and advise her in this natter The priest answered: My conversations with her were confidential, as her spiritual ad- Flser I have nothing whatever to say to the court further concerning the matter"
 He was told that he might be seated and Judge Arnold continued reading his statement, as follows:
 ''The law provides certain methods and means for the trial of civil an6 criminal cases and the punishment o1 wrongs Among these is the compell- ing of witnesses to attend court and testify, their punishment for contempt if they refuse. and the punishment ol anyone who interferes with their at tendance and testimony / The state of Connecticut has prop erly recognized the seriousness of the public offense in the following Ian guage General Statutes, Section 1929: Every person who shall wilfully hin der or prevent or attempt to hinder ol prevent any such uerson from appear ing as witness or from giving his deposition, shall be fined not more than $500 or imprisoned not more than one year. or both
 "'rhe lack Of proper legal evidence compels the authorities to drop this matter here, but the court feels com pelled to make this statement it has read as 8 warning to others in the fu- ture who might be inclined to hinder or obstIuct justice in this manner" There was no further business and court was adjourned.