Norwich bulletin., 1913-12-03

The criminal side Of the town court of GriswoId was in session Tuesday afternoon. Court came in at D. m. Judge H. H. Burnham presiding.
 The matters before the court were state vs. David Symington and state vs. Frank Moriarty.
 The information in each case charged assault with intent to commit rape. The case was prosecuted by Arthur M. Brown and both the accused men were represented by Attorney W. G. Murray and Thomas M Shields. Pleas of not guilty were taken in both cases.
 The complaining witness was Mrs. Alice Smaller, who has resided in Jew ett City two weeks. She testified that she went to the railroad station last Saturday evening about o'clock and requested Mir Moriarty, who Is the train despatcher, to show her how to get to the trolley. She further testi- fled that Moriarty instead of so do- ing conducted her down into the eel lar of the station and placed his hand on her person in such a manner as to indicate improper designs; but upon the slightest resistance on her part desisted.
 She admitted that after the alleged assault she remained about the sta tiOn about 3 hours and that during her stay there she asked MT. Symington to show her the way home, but she
 
 lumber pile near the station and grab bed hold of her but upon her resist anCe he released his hold.
 It appeared in the testimony that some of the men who were about the station had liquor and that Mrs. Snail CT testified that she as we'll as several of the men present had drinks during the evening at the station. A party of four. which included Mrs Smaller, the two accused men and another man, left the station at closing time and as they walked up the railroad track. one of the men who was not present at court, fired a revolver It was claimed that this was for the req son of Frightening Mrs. Smaller as the men wished to get rid of her.
 This attracted Policeman Wulf to the scene, but before he arrived at the lumber yard. he heard a woman's voice saying, You got me into this place and now I can't get out''
 When he arrived at the lumber yard Mrs. Smaller was approaching Syming- ton, who was the only other person there, and was swearing at Symtng- ton the policeman testified.
 The officer arrested Mrs Smaller on the charge of intoxication and as soon as she realized her pFedicament she said to him, according to her testi- me my bumps but I will see that they get theirs along with me"
 After her incarceration she made the complaint upon which two men were arrested and presented in court.
 It was testified that while at the railroad station Mrs. Smaller amused serself with playing with a cat that she had brought in from outside and four witnesses testified that she went into the mems toilet and had drinks with men in there. She was the only woman present.
 al +1,+ rE,, to the station to take the 8.09 trolley to Norwich, but when the station closed between 1030 and Il she was still there.
 From her testimony 1t appeared that she stayed in the station because she didn't know how to find her way home, although it appeared that she had just come from there from her home, which was about one minutes walk from the station on a straight road
 The accused men testified, together with two others who were in the sta ton at various times on Saturday eve ming. They were Oryil1e Ladamme and a boy named Auclair. The acceA~1 said that the woman was in and out of the station from s until 1t closed. but denied positively any attempt to have illicit relations with Mrs. Smaller
 The prosecution argued that the evil
 
 accused, while the defense claimed that the testimony of Mrs Smaller was un- reliable and untrue and her complaint made in the spirit of revenge on ac- count of her own arrest The defense also claimed that Mrs. Shailers story as told by her, if true did not con- stitute the offense charged. After the arguments Judge Burnham gave a verbal decision, occupying about ten minutes, in which he intimated that in his opinion there was considerable pre- -vaTication on both sides and if the matter were within his final jurisdic- tion he would certainly have to dis charge the men, as the states evil dence as not convincing beyond any reasonable doubt, but that as his only province in the matter was to decide whether probable cause was proven, he would bind the men over to the superior court
 Judge Burnham in his decision went outside the matter at issue and crit icised severely the conduct of men who frequent the railroad station at Jewett City, with particular reference to the use of liquor there.
 The bond in the two cases was re- duced from S1,000 to $500, which No riarty was able to produce at once and gained his liberty. Symington will be held at Jewett City until this morn ing in the hope that he will be able to procure bonds.
 The trial was attended by a crowd that filled the court room, who ex- hibited amusement at various turns of the testimony.