New Britain herald., 1916-01-08
Judge Continues Case Against Pat
 rick Smith to Wednesday
TESTIMONY IS CONFLICTING
State Claims That Slugs Were Put in Meter With Fraudulent Intent Defense Asserts That No Fraud Was Intended

$, J Meskill reserved decision in the case against Patrick Smith until next Wed nesday morning. Smith is charged by the New Britain Gas Light con- pany with attempting to defraud it by stuffing a prepaid meter with slugs. He pleaded not guilty and was represented by Lawyer D. E.. O'Keefe of this city and Lawyer P. T. O'Brien of Meriden.
 The testimony was conflicting. The gas company introduced evidence to show that upwards of IA visits had been made to Smiths house within a year in a vain attempt to open his meter. A company's employe, Her bert Battey, also denied ever redeem ing slugs for the Smiths. The de- fense on the other hand, absolute ly declared that not only Battey but other gas men had redeemed sluss for him and that he used the slugs again, intending to redeem them.
 Meter Locked Up Year.
 Attorney O'Brien proved to be one of the scrappiest lawyers seen in the local court in some time. He fought every inch of the way and made the most of every technicality and ad- vantage offered him. Manager Harold T. Sloper of the gas company testified that at 11:35- o'clock Tues day morning with Herbert Battey and ' Mir. Kennedy he went to Smiths apartment in Harts block. He said that since December, 1914, his men have been trying to get at the meter without success. Mr.. Sloper said that when he rapped on Smiths door he heard noises within but no one re- sponded. As the meter was locked up in a closet in the hallway Mr. Sloper sent Mir. Battey to get Sheriff Marsh that he might have an official witness when the meter was opened 1 Sheriff Marsh could not be located so Constable C.. A. Stark was secured 1 After rapping on both front and rear doors and getting no reply, Constable l Stark secured a key to the meter closet and unlocked the door. The | meter was in good condition, but ] when MT. Sloper compared the regis l ter card with the meter dial he found l! that there was s17 due There was $7.75 in the meter and thirty-seven l slugs. he said. Some of the slugs were made out of campaign buttons 1 hammered flat. One was a Simeon 1 E. Baldwin button and another was l a George NJ. Landers button
 Lawyer O'Brien asked MT. SIoper ! if he had ever seen similar slugs l used before. When Prosecutor Klett 1 objected, Lawyer O'Brien said his ! question was intended for "negativng intent to fraud" He said his argu- ment would be that Smith used the slugs intending to redeem them and with no fraudulent intent. If the company had previously permitted the l use of slugs it would show Smith did | not intend to defraud, he asserted. Circumstances of each case gov ern the intent" ruled JuAge Meskin as he sustained Prosecutor Klett's ob- jection.
 Manager Sloper's attention was first called to the fact that Smiths meter could not be opened by Harry Hodge. he said.
 "Is Henry Rice a collector?'' asked the lawyer.
 'He is sometimes said Mir. sloper.
 Collectors Make IA Calls.
 y, company. testified that since Decem- Der, 1914, gas company men have made about IA futile visits to try and read Smiths meter. He himself made about 100 vain calls, he restifled. Mir Battey said that in 1912 when Smith lived on Oak street he collected at his house. During the past year when he tried so many times to get at Smiths meter, MT. Battey said Mrs. Smith had told him she could not open the door to the closet as her hus- band had the key. M. Battey said that until Thursday of this week he did not know who Smith was and he absolutely denied ever redeeming slugs for him. Mfr. Battey told the court that far as he knew the com pany made no especial attempt to meet MT. Smith, their only desire be- ing to read the meter. On one oc- casion, MT. Battey said, Mrs Smith made an appointment with him to meet her husband the following day, but Smith was not there.
 Mistake in Warrant.
 Sergeant Bamforth told of arrestine, Smith on Wednesday. When he showed Smith the warrant the ac- cused informed him the warrant was wrong It was made out for Thomas C. smith, but the arrested man said 1t was meant for himself so he would go along. The officer testified that Smith said to him:
 T have done that before and Pm responsible for it. I nave done that for four years and have always re- deemed the slugs''
 Says Battey Redeemed Slugs.
 Called to the stand by his lawyer Mir. Smith said he is a solicitor and has been married for sixteen or seven- teen years He could not recall just how long. He has used gas at his home since 1910, and as long ago as that he used slugs in his meter and re- lnn no,A