The Bridgeport evening farmer., 1914-02-27
Claim Lack Of Jurisdiction Because
 Warrant Under Which Railroad
 President Was Arrested Lacked Support By Oath Or Affirmation
Appeal To Section 8 Of Constitution, Which Had BeenRegarded AsRe- latina To Search Warrants Only -=E1oquent Argument By Homer s. Cummings

Has the constitution of the state of Connecticut as well as8 the Fourth Am endTnent of the United States con- stitution been tacitly violated since 1918 by the practice of states tor courts upon bench warrants. and with out an oath of affirmation that spe- lcifc crime has been committed? This was the question raised by At torney Homer s. Cummings before Judge Joseph P. Futile, arguing mo
 ton to the turfsdicttop of the court in l issuing warrants for the arrest of Charles Sanger Mellen on a charge Of manslaughter, after the wreck of the Springfield express. in Westport, Octo- ber, 1912.
 l Appearing for the former head of the New Haven railroad was his personal lcounsel, Homer s. Cummings, of Stan- flora, assisted by l.. J. Nickerson, of Cornwall, w. P Boardrnarl and s D. IBowers. who formerly represented oth-s CT officials of the New Haven railroad lin similar actions recently quashed by States Attorney Stiles Judson- States Attorney Jl1dson was alone 1 in his prosecution of the argument. The court-rooTn was crowded with b. lcaI judges, lawyers. court attendants and these Interested in the case.
 The argument began with the read- ling of the plea which took execution 1 the 4QQEGn81l84OL 0I Ak51A11t 444t54A-. a bench h-warrant issued by Judge tGreene, May | 1913. The principal lobjection was raised upon article l, Isection 8 Of the Constitution of Con- lnecticut, under amendments and A. Ito the Constitution of the United Estates.
 Section 8. Article I, of the State I Constitution reads: s~The people shall \ be secure in their persons, houses, pa,- eI pers and possession from alnreaaon~ able searches or seizures; and no war Irant to search any place, or to seize any person or things, shall issue with out describing them as nearly as may Ibe, nor without probable cause sup ported by cath. .'
 It appeared at the start that sten- ographic copy of the hearing before Judge Greene and termed exhibit '.A'' had been misIaid. After discussion as to the proper repository for this document, a copy of the transcript was supplied by Attorney Boardman I and the court accepted it.
 As questions of law only. were azn- der consideration at this time. MT: Mellen was not in court
 The plea to jurisdiction was filed Hast May and raised the question that
 Mir. MeHen,s arrest on bench war
 rant was not supported by affidavit
 which would show probable cause. The accompanying motion was to
 Quash the indictment Originally E five other OIIlC6TS OI Lu6 IcdlEOt14 tcompany were arrested on bench war rants, but nolIesa were entered by I States Attorney Judson a few days ago, and the state elected to try and fix the responsibility for the West port wreck on the then president of lthe company, Mir. Mellen.
 II When the case opened Judge Tut , tie asked MT. Cummings if he wished
 to have the plea filed in May apply , to the amended complaint, which I IA ,ff Mir Judson after he had noIIed those against other officers. Mir Cummings said he did,
 Laughter was created when MT. , Judson asked if this was to be Q . Jury trial. A jury which had heard
 a criminal case had retired and the
 seats were taken by spectators. MT.
 Judson having been out of the room
 he had not noticed this fact. When explained to him he said
 "Oh!iI looked at these gentlemen and
 thought they were the jury.
 MT. Cummings read his plea, after : the court had asked if the contention was that the amended complaint did 7 not hold MT. Meilen. MT. Cummings : lreplied that that was his contention. las the dismissal of the complaint
 (which named five other officers as de- . fendants released MT. Mellen. The z amended complaint, therefore, could Inot hold MT. Mellen.
 
 Photographic report of the minutes of :. la hearing before Judge Greene on the 7 matter of bench warrant was not ? in the files. MT. Cummings said that . a search had been made for. 1t.
 MT. Cummings had made reference 2 to the issuance of this bench warrant IL in his plea. MT. Judson said that the : dfstin guished gentleman from Stam- 2 Iford attacked the procedure in the issuance of a bench warrant by 3
 judge of the superior court. This ' manner extends back two and a ha1i . centuries. MT. Cummings therefore O tcIaimed that judges for this long per - iod had erred. 'sBut MT. Cumming q says it is not too late to mend,'' said MT. Judson who then read the statutes e Iunder which bench warrants are is. n sued. He also claimed that Mr. Cum. 'I mings rested his ridiculous claim T. that MT. Me1len was not held by tn.
 warrant under the constitutions. n amendment which made a person SC " cure from search and seizure wfthou n reasonable information.
 ?. To this claim MT. Judson said: tee 70 can only srnile.''
 MT. Cummings started to repI,