The Barre daily times. (Barre, Vt.) 1897-1959, 1914-02-28
THE CASE
OF MELLEN
1t Is Presented in Court at
Bridgeport, Conn.,, on
Questions of Law
MANSLAUGHTER
is THE CHARGE
His Counsel Claim He Can't
Be Tried on a Bench
Warrant

Bridgeport, Conn, Feb. 2S.--The charge
of manslaughter brought against Charles
S. Mellen, former president of the New
York, New Haven & Hartford r. r. COM
pany, as the result of the collision of
express trains at Westport, in October,
1912, in which several persons We're
killed, came up before Judge Joseph p.
Tuttle, in the criminal side of the SUI
perior court yesterday, on the plea of
jurisdiction entered by. counsel for Mr.
Mellen. As questions of law early were
under consideration at this time, Mr..
Mellen was not in court.
The plea of jurisdiction was filed last
May and raised the question that Mr.
Mellen's arrest on bench warrant was
not supported by affidavit which would
show probable cause. The accompany
ing motion was to quash the indictment.
Originally five other officers of the rail-
road company were arrested on bench
warrants, but nolles were entered by the
state attorney, Styles Judson, a few
days ago and the state elected to try to
fix the responsibility for the Westport
wreck on the then president of the COM
pany, Dir. Mellen.
When the case opened Judge Tut
tie asked Homer S. Cummings, attorney
for Mr.. Mellen, if he wished to have the
plea filed in May apply to the amended
complaint, which complaint was the one
offered by Mr.. Judson after it had nolled
those against the other officers.
Mr.. Cummings said he did and read
his plea after the court had inquired If
the contention was that the amended
Cummings replied that such was his
contention, as the dismissal of the COM
plant which named five other officers as
defendants released Mr.. Mellen. The
amended complaint therefore, could not
hold Mr.. Mellen.
Mr.. Cummings took up the aspect of
the case in the light of constitutional
guarantees, quoting a number of cases.
Coming to the case in point he said
that Mr.. Mellen was charged with man
slaughter in the killing Of person in
the wreck at Westport and the question
comes up whether Mr.. Mellen has been
legally arrested. The constitution pro-
tects person against illegal arrest
1t has become the general practice to
recognize this protection and effort is
not made to break down the safeguard
IT is well that there are so few guards.
Ii has happened that state attorneys
have had bench warrants issued, those
named in them have been thrown into
jail and finally the warrants have been
nolled.
Il have no reference to Brother judi
sons office" replied Mr.. Cummings.
Mr.. Cummings said that the question
bench warrants was "long arm which
reaches out TO get persons suspected OF
crime" He praised the bench warrant
rs a useful adjunct of the court but de-
clared it could not break down any safe
guard of individual liberty.
Mr.. Cummings said that the question
might be raised that if the court granted
the motion, it might have far reaching
effects in that it might let persons ac-
FUSED of crime go free, and might even
upset administration of justice itself.
"Not So" said Mr.. Cummings" we do
not believe this, nor do we believe that
your honor will believe that is our con-
tention. The motion means that we
hold that the warrant which makes MIR. |
Mellen the defendant was not supported |
BY an oath or affirmation and is void"