The Bridgeport evening farmer., 1914-03-06

by step. to show the connection Of the accused with t11ds charge z I
 In closing the argument for MT. Mellen Attorney sBoardman said: It may be very material, for MT. Mellen to be notified beforehand just what act is relied upon by the state as the act which he committed which caused the death of Jane Doe. What act did he com init that caused the fire to blirn or smoke to be enitted2 What act did he commit which caused the smoke to come about her or caused the fire to be brought to her? There is no allegation that he picked up a. brand and set her fire or choked or suf- located her by the smoke. It is a right to which MT. MelIen is constitu- tiUna1ly entitled to be informed of the mode and method in which he com mitted this particular crime. It was not he who suffocated her. It was the fire and smoke. If the state is going back further it must show that he did some act wI1ile e sitting in New Haven or Boston or New York or omitted to some act which caused the fire to burn and the smoke to be brought next to her and caused her to be burned.',s
 At this point States Attorney Jud- son interrupted to say: You need not spend time; if you want me to a1lege how the fire was caused will do so.''
 
 are willing to do so this must be q confession that in this complaint you have failed to state the necessary facts
 Judge Futile: Suppose you let MT. Boardznan finish
 s Judson- ssYes. if he ever will finisf1's
 Attorney Boardman then continued to show that the state must alIege the particular act committed by the in dicted and cited cases of arson causing death Reading from Swift 2-284 on information for manslaughter Attor- as to the engineer z-yyf hen States At torney Judson said: You want to know what the first count is based upon by the state2'' Boardman con. tinued his reading until Judge Futile stopped him to say: What is that you are reading from, do you accuse Swift of getting up that form 2" upon which room.
 5. ssNo accuse the prosecutor of using that form and MI. udson says it Is the one upon which his is based-''i =
 Judson: "Do you not know told you and your partner confidentially 1a''
 Boardman: tI fear it was something like this message that this defendant was brought into court upon
 Judge Futile then concluded the citation by stating: sI think fully understand your position with regard to that particular phase of the de- muTTer.' 7
 States Attorney JudSon then read an affidavit sworn to by Attorney William B. Boardnan to the effect that after intelligent inquiry and upon informa- ton he could find no written rules or instructions or bylaws of the New Haven company imposing specific duties upon the defendants (Ndeuen and the other officers before Judge Greene individually or Jointly, which affidavit was used in requesting sepa- rate trials for the officials, and fully sustains what I said to the court ; con- c1uded Judson Attorney Boardman, however, believed that it fully nega- lived it.
 Judson then read the original in dfctment to point out that the place, Che time and the facts were fully set forth closing with the statement s.Everythdng is there fully set forth except what started the fire. It does not lie in the mouth of counsel to complain that that was not inserted for I offered to brother Cummings to restore any one of the three counts arranged, so that he would know all the counts officially. He declined to have it made.
 With further p1easantries between counsel and the states attorney Judge Futile adjourned court until Tuesday at 10 o'clock