New Britain herald., 1914-07-16
RUTHERFORD SECURE
 AS BLDG. INSPECTOR
Mrs. Mary Wsk is Discharged When States Case Falls Down.
MAYOR QU|ClEY IS DISAPPOINTED

Attorney McDopough Handles De-
 fense in Masterly Manner and Suc-
 ceeds in Battering Down States
 Case Against Tenement Owner.
 Arthur N. Rutherford is the bona fide building inspector, according to the ruling of Judge William F. Man gan and Mrs. Mary Wisk, charged with owning a tenement house with escapes was discharged by the judge on the grounds that the state had failed to prove it's case and that in addition to this the building inspec- tor had failed to send her a notice before bringing criminal action, as Is required by law. Attorney F. F. McDonough, appearing for Mrs. Wisk, who exploded a bombshell in court yesterday when he questioned MT. Rutherford's right to the building in- spector's job on the grounds that the mayor had appointed him in April when the city ordinance states that
 
 ing asked the court to overrule this objection and then argued for the better part of an hour upon the legal phases of the case in question, citing rulings of famous judges and show ing that Mrs. Wisk was not guilty, finally convincing the court that, from a strictly legal point of view, his client was not guilty.
 This case has excited more than usual interest and the arguments pre- sented by both Lawyer McDonough and Prosecutor Klett this morning were exhaustive and minute, many fine and delicate points of the legal profession being brought out.
 Did Not Press Point.
 When the court convened Attor- ney McDonough said, regarding yes- terdays dispute on the validity of MT. Rutherford's appointment, When raised the point I wanted the cer- tificate of appointment on record in this case and I am glad to have it here. However, I will not press it further and will accept any ruling your honor sees fit to give"
 Rutherford Is Inspector.
 In making his decision on the ap- pointment Judge ManganS ruled that it was up to the offense in cases Of this kind to prove that the questioned appointment was not legal and tn -.1 said that in this case T believe that Arthur N. Rutherford is the building inspector"
 Other Objections Possible.
 This matter being disposed of Alt torney McDonough smilingly an- nounced that there were other matt ters that he could raise objections to. although he would not press them. One was that MT. Rutherford took his oath of office on April 30 when heTwas not appointed to take office until May 1. He said that if it ,s possible for a man to be sworn into an office before the time comes for him to take that office then i've are again getting down to a government of man and not of law. However" he said, "the point I argue is of no moment but this paper, I submit, your honor, is not official"
 Judge Mangan then suggested that Prosecutor Klett put MT. Rutherford on the stand and have him say that he was the acting building inspector, which he did.
 Rutherford on Stand.
 Inspector Rutherford told the court that he had visited Mrs Wisk's house at No. 143 Grove street and from his investigation had found that by en- tering through the front door on the first floor there is an entrance to the two front tenements through doors leading from the hallway At the top of the stairs on the second floor ne said the same thing was true, but said that the hallway, instead of running the length of the house, was cut off by a partition forming a part of the staircase going to the third floor.
 Objection Sustained.
 Here the witness attempted to say that there were four families living on the second floor, but Attorney Me- Donough objected on the grounds that he did not know and was mere ly drawing a conclusion. The Judge sustained the objection.
 Continuing the building inspector asserted that there is no means for the rear tenants on the second floor to reach the front stairs as a means of egress. For these tenants in the rear, he claimed, there is no means of egress except the back stairs. He furthermore declared that the build ing has no fire escapes.
 McDonOugh's Examination.
 Here Attorney McDonough took up the questioning of the witness.
 eff you stood in the southeast room on the second floor do you mean to say that you could not get out by means of the from stairs?" he asked
 
 locked between," replied the witness "But the construction of the build- ing is such that there is egress by two ways isn't it?' queried the law yer.
 ssNot unless the doors were up-