New Britain herald., 1915-03-08
Attorney hcDo1Ough Rows With Prosecutor and Presiding Justice.
FINES IMPOSED; LAWYER APPEALS
Attorney Intimates That Clients Were Practically Convicted Before They were Brought up for T'rial-tlaims Justice E., abolished Precedent.

>'Oii iidti pldcllCdlly COu\lCLtt lIlSlil before they were brought into court
 and that he should have considered
 illlnselt disqualified from presiding at
 tue hearing, Attorney F. F. McDon- oush of New Britain, after a session
 or nearly three hours, this morning LOOK appeals to the superior court for
 James McNally and Eugene Parkin- son, to whom respective fines of $7 ana SoN for resisting an officer were gwen. McNally was also fined $1 for
 breach of the peace and was found not guilty of intoxication. The charge of breach of the peace was, nolled in IafkllSOnS S case and he, too, was found not guilty of drunkenness. The nearing of the cases against the other young men, Richard Cafferty, Frank Graham and Paul Leonard, who were arrested With them, was put off until late this afternoon. McNally was TO- leased under bonds of $100, while Parkinson was given his liberty after furnishing bail of $50
 The appearance of the boys in court was the sequel to, trouble near the
 railroad crossing about midnight Sat
 urday. The state claimed that they got into an argument with the officer and used abusive language to him. Cafferty, Leonard, Parkinson and Me Nally were taken into custody yester- day by Officers Marine and David on
 warrants issued by Grand Juror $. $. Gwillim. Graham was arrested this m mOrning.
 McNally was found at the home of his uncle Peter Brock of South Washington street, where he went for
 dinner. The arrest was made after N 4l, 1,,NT NTr,11 home, where the body of the accused brother, who died in the state sana- torium Saturday night lay in state. The boys father, a former constable, and Officer David had a dispute over the appropriateness of his visit at such a time, but the officer insisted that he had a duty to perform that clrcumstances could not control.
 Grand Juror M. A. Norton and Jus tice Condeu also had a tilt regarding the matter of releasing the boys on bail, the prosecutor arguing that they should be given a fair chance, instead of prosecuting them. All were finally allowed their liberty, security for their appearance in court today having been furnished
 Before court opened this morning | Attorney McDonough and Grand Juror | J lively tilt, the lawyer taking exception l to the actions of the authorities in | refusing to permit McNally's com | panions to enter the court room while | his hearing was in progress The l boys were kept prisoners in the se- lectmens office by order of the court, l a procedure which was strongly criti- cised by their lawyer MT. McDon- ough argued that they had a right l to face their accusets and as witnesses should be permitted to attend the l hearing. He claimed that never be- | fore during his law practice had such a privilege been denied to any of his 1 clients. Justice Condell, however. | ruled that the prisoners must remain in the selectmens office, but that the | lawyer could consult with them when ever he pleased.
 Before the witnesses were intro duced Attorney McDonough inquired if Justice Condell had commented on the cases before they came up for trial. He conveyed the impression that he had idea the court was pre- judiced against his clients. If he dis cussed it he thought he was disquali- fled. Justice Condell denied that he had commented on the charges or had declared his intention of sending two of the youths to jail, Attorney McDon- ough seemingly attaching some inn portance to the matter as he took the names of several in the court room as witnesses to the courts statement While he was giving warning to the court Justice Condell interrupted to tell him that unless he acted with more care he (the lawyer) would be disqualified.
 The examination of Officer Marine, ! the first witness required some time. Attorney McDonough and Prosecutor GWillim had frequent clashes over the methods employing in questioning the witnesses. In all cases the objeC- tions of the prosecutor were sustained by the court MT. McDonough taking notes of the rulings for use, he ex- pIained in considering the case with the states attorney.
 According to Officer Marine, McNal- ly and Parkinson approached him near the railroad crossing Saturday night and inquired whether he had a warrant for Sylvester Mason. On re- ceiving a negative answer they pro- Ceeded to abuse him. He attempted to place McNally under arrest but the latter got away and joined some of his friends in the lunch room. He said 1t was the restaurant that he took the young man in charge but as he was not certain wh ether he had the right to arrest him on private property, he decided to consider the matter fur ther.
 While he had his hand on McNally, he said the latter tried to push him ] away and that Parkinson and the otners also threatened to prevent hlm rom locking him up. By their actions the language they used and the smell or 1helr breaths, he claimed to know