The Bridgeport evening farmer., 1913-04-15
HUDSON AND CUMMINGS WRANGLE BITTERLY AS
 MELLEN IS ARRESTED

for such action. The court should
 protect from imposition and there should be good ground for such ac- ton if taken. He asserted that the States attorney ehouId present at least a prina facie case before war 1T don't think he can satisfy your
 honor of that" he said
 MT. Cummings then took up the point that the information was g. joint one, notwithstanding that the court had ruled for separate trials in
 the other cases and he objected to 1t in this instance because of the in- justice. The nature of this action is criminal based upon neglect of duty, and unless violation of duty is shown
 there is no probable cause. By this action we are cut off from the right of a trial before a lower court,' he said.
 MT. Judson in reply said, When the court is prepared to say that I have not acted in good faith I am prepared to tender my resignation as states z-ttD7-Eey, and believe it will not be accepted. This gentleman has a pe- culiar notion of a bench warrant, and seems to think I must make out a prima facie case. That proposition is so ridiculous that I will not discuss it. I might bring this matter before a Justice of the peace of the town of Westport, and no justice would take the responsibility of refusing to bind over, but it would delay the ends of justice for nearly a year.
 'T claim that for z75 years the courts of this State have accepted the recommendation of the States Attor- ney in the matter of bench warrants. and there has been no departure e11- cept where bad faith or incompetence Is shown. This whole proceeding is due to 8 breach of confidence in which nf hell eT7rDe Stamford would be implicated. am not afraid of this corporation or any other, although I have been the sub- Ject of newspaper attack, in The TeIe- gram of this city, and know and am prepared to prove that the orders New Haven. But I can stand it, and when they trysto dig my grave they will find there is some grave to dig"
 MT. Cummings then took up the matter of authority for his opposition to the motion, and finally said some thing about separate trials MT. Jud- son interrupted. saying: ''It is a piece of fnsolence to suggest separate trials at this stage of the proceedings, a matter which is solely in the hands of the state attorney to determine" Con tinuing Mr. Judson said that one of his reasons for wishing speedy trials is that experts employed by other rail- roads had been threatened with dis charge if they came to the court and testified against the New Haven rail- road.
 This practically finished the argu- ment.
 Judge Greene said: While the court has discretion in the matter of issuing bench warrants it has always been the custom to trust to the good faith of the states attorney. I don't see how the court without a trial can test the IJH nj Cf Efata'9 RffOrnGY, Any inquiry now would involve the inn plication that MT. Judson is not act- ing in good faith, or is incompetent and I am not prepared to impugn the or the motives of the pre- sent states attorney. will issue an order for the warrants asked for"
 MT. Cummings to clear the record asked permission to file a formal ez- ception from the ruling of the court which was granted. The matter of bond was taken up, and the same fig ure fixed in the cases of the other de- was agreed upon. After the papers were signed they were served upon MT. Mellen and MT. McHenry In the court room by Deputy Shertm John w. Vollmer. DeVer H. Warner of this city, a director of the New Ha- yen road was recognized as bonds nan, and after the technicalities were complied with MT. MeIlen and Mir. McHenry left the building and return ed to New Haven.
 Court was adjourned without date 1pon order of Judge Greene.