The Bridgeport evening farmer., 1914-02-27

when MT. Judson asked permission to say a word Mir. Judson said: ssTour influence MT. Cummings, with Judge Greene was so great that for the first time you upset the practice of this state. Now you want to undo all the good you did yourself.'
 MT. Cummings took up the aspect of the case in light of constitutional guarantees, quoting a number of eases. Coming to the case In point he said that Mr. Mellen was charged with manslaughter in the killing of a person in the wreck at Westport, and the question comes whether MT Mel len has been legally arrested. The constitution protects a person against illegal arrests4 Back in revolutionary days persons were arrested and thrown into jail and their homes searched, on the mere say so of an of ffcer. This condition got into the courts and the injustice of it resulted in the coustitutional amendment pro- tecfing the person against illegal ar rest. 1t has become the general prac- tfce to Eecoguize this protection, and effort is not made to break down the safe guard. If this were not so the constitution would not be worth the paper 1t is written on. It is well that there are safeguards. It has hap. pened that states attorneys have had bench warrants issued, those named
 
 aud ffHally the harrants have Desn inoileds
 Are you criticizing the practice in my. office2" asked MT. Judson.
 tT had no reference to Brother Jud- son's office" replied MT. Cummings- MT. Cummings said that the import ance Of the hearing today could not be Mnder-estimated. It was to estaib- fish that the defendant in this case had certain inherent rights which pro- tect him when charged with a crimi- nal offence.
 MT. Cummings then referred to the wreck, and the deaths in it. the in quiry by Coroner Phe1an, whom he said was a faithGul officer, the arrest of certain officials, the postponement of their trials. and finally the nolle l of the complaints, except one against MT. Me1Ien.
 Mr Cummings said that the charges made against these / officers has spread the idea through the country that officers of the road had been irresp ponsibles negligent and that they, themselves had caused this wreck. They have been subject to lignominy. They stand dfsgraced before the coun- try. "One of these officers, whose name will not mentdon,'' said MT. Cummings, twas obliged to decline a good railroad offer because this charge was hanging oyer him. .1 MT. Cummings described the metf1- cd of issuing bench warrants. 1f'Tt | reaches out its long arm and brings in some one, who may be thrown into l jail. Then, the states authority un- able to support what the warrant a1- leges nol1es the complaint. It reached l out in this case and took a man high in authority, Think of the disgrace which comes if that complaint cannot 1 be proren!'
 | xprxr 2 -7ss+ 1 Cummings We believe it is found under the constitution. In obtaining 8 bench warrant the states attorney
 acts under an ancient custom. Ancient
 custom crucified Christ and hanged witches in Salem. At the beginning 1 of this century of civilization ancient
 custom must give way to justice. Gus tom has no standing in light of con 1 stitutionad rights,
 MT. Cummings started to refer to l Judge Greene's issuance of a bench l warrant. Because Brother Judson
 thinks am going to ask a. favor oi I this court because he believes thai 1 I was shown favor by another court. ' l MT. Judson: 'T object to bringing in 1 anything about any other court. Those
 are secrets of the states attorneys of 1 flee" ~ Mir. Cummings: .'I quote from rec | ord.''
 l ! l was in open court MT Judson: sI understood MT. Cum l rr1ings to refer to Judge Reed.'' 1 Judge Tuttle- t*I understood the ref ence was to Judge Greene
 MT. Cummings: Judge Greene tool the states attorneys statement and | issued the warrant following custom 1 We raise the question that the infor.
 naation-which we never had in oul
 hands was unsupported by affidavit Therefore, we claim that that warran
 was illegal
 1 MT Cummings quoted many pre- cedents on this point.
 l MT. Cummings emphasized decis- lions which pointed out that a bench warrant must be supported by aff1da- l wit or affirmation. Digressing, he said Ithat it may be claimed that the war
 rant for MT. Meilen was supported by sworn statement of Coroner F9le1aI
 in his report of the wreck, but he said
 that no charge was made in thai Charles s. Me1len committed the crime
 of manslaughter.
 MT. Judson objected to a persona
 statement on MT. Phelans finding
 when the report was available, or tt Iany criticism of the coroner. Judg'