The Bridgeport evening farmer., 1914-03-13

pecuniary boss. How such process can be justified in any civilized coun- try is hard to see.
 Then when we get to this session of the court all are nolled but Mei- len. All four counts against A6e11eu were reconsidered by the state and only one retained.
 Now we come to situation where we have tnterposed a demurrer which has been sustained. The legal sffua- ton is that no one of those five men should ever have been arrested. The state has so said by its nolle. The other counts against MeIlen should never have been drafted as Is said by The state in noliing them. And when the remaining count is attacked the court says he never should have been arrested upon that.
 'sIt may be said that some of these objections are technical. That is not true for as have said we have been ready at any time to have hearing.
 When Judge Greene made the r11i- ing I then asked him to hear us SO that it might be out of the way
 Judge Greene said in the case of the state against Horn that the court who was to try the case should pass upon the demurrers
 Under those circumstances for the
 states attorney to come here and ask for an amendment seems to be taxing patience beyond reason. I think this farce has continued long enourF--for
 it is 2. farce to hold MeIIen respon- sible for the condition of the tracks
 at Westport or charge that he should see there were fre-extfng guishers and axes on the trains. sTn the case of the state vs. Horn
 he said it was the duty of Horn, Pol lock and others to attend to fl1ose
 duties, Now he says it was the duty of Mr. MelIen- To ask 70 now SC
 cure an amendment is an abuse of the
 processes of this. court
 Taking transcript of the records Cummings said: AOn page POS of the | transcript of the argument fin t1Be case Of the state against Horn. Pollock and Carmault, I quote:=Mr- Judsou-
 Further your Honor there is no such thing as a bill of particulars in com ! mon law practice. Now brother Cum mings. if you make me substftuts new information it means a new ar
 rest of your clients If I file a new information I must have a new bench warrant
 The states attorney. is here placed on record that any change necessf- tates a new arrest. I think the states l attorney was wrong in advancfne a proposition more unfriend1y to his own rights than would advance or CT maintained and do not now that the state has not liberal rights fg amend it's information in matter of form and substance in spite of some of the authorities have quoted, bur
 nowhere in this state has the pracs
 tice ever prevailed.
 Attorney Cummings ir closing aslr@
 ed for a. Judgment dismissing the ac-
 cused closing with the words ~Ana Rif your Honor should take that stand I and let him go. and he should be guilty, even then the sfate has the
 right of proceeding in an orderly way and that which should have beea done in the beginning" An hoDr and twenty minutes had been oecu- l pied in the argument.
 States Attorney Stiles Judson be- gan his contention:
 May 1t please your Honor ft fH known by all professional men tl1at demurrers both in civil and criminal cases are the same in their effect T- I is only an interlocutory decision, has l ing no final or conclusive effects. It.
 leaves the case both civil complaint and criminal information pending ln the court and in criminal cases In- formation maybe amended in the dls- cretion of the court"
 Remarkfng that he had not yet completed his brief and Dromisinar 1 that he would mail it to Judge Tut tie, he then proceeded to cite many
 eases in substantfation of his point without summing up or accentuatinf the decisions quoted
 Adjournment was taIxen until 1uee- l day, March IT, at 10 o,cIock-