The Bridgeport evening farmer., 1916-09-19
Baby Ill, Defense's Princi-
 pal Witness Won't Come
 Here Because She Fears
 Infantile Paralysis Spe- ], oial Assignment for Bank er's Hearing.
Counsel for Knapp Fails to
 Urge Change of Venue : But Asks Postponement- Bowers Holds All Papers
 of the Defunct Banking
 Institution.

The unwillingness of Mrs. Grace M. l Rahm, principal witness for the de- -Ixense, to leave her home in Brooklyn, Iiwhile her baby is ill, caused a further postponement in the trial of former !hanker Herbert M. Knapp, whose
 tease was discussed before Judge Tut tie in the criminal superior court this morning. The court said he would ilmake a special assignment for the .Itrial in November. although the su- I perior court is not in session here then. The exact date will be de- Itermined upon by counsel on both tlsides.
 States Attorney Homer s, Cum tsndngs came to court prepared to ar igue against notion for change of Avenue filed aNshort time ago by Judge lwiIMam H. Comley. Jr.. representing
 Knapp.
 " T6 his surprise Judge Comley did not urge the motion for change of
 venue but instead asked for a post ,r ,nement of the case.
 \ .~~. first reason was that he and zihis asso.. ,te, Judge Carl Foster. were Ija.ot prer~. ed to try the case at this
  aliy brought against Knapp had been stricken out and new counts srbsti-
 tnted. It was also Flaimed that all the Burr & Knapp bHolxs and in fact z every scrap of paper belonging to the firm had been in the custody of Att torney S. D. Bowers, who is assisting the states attorney. This situation
 made it difficult for the lawyers to .tko over the books and prepare tho 'sdefense. Then Judge Comley took up the
 question of Mrs Rahm's absence. He .said he had talked with her at her IBrooklyn home. Because of the in-
 fantile paralysis epidemic she did not dare bring her i've months old child :; fto this city. In fact, she absolutely < d efused to come into thds state at fiipresent. She was perfectly willing ko testify she declared, when home Iconditions were favorable.
 fsA As there Is no law which can com
 pel her to come to this state and tes- Kitty Judge Comley said the problem was difficult. Mrs Rahm for years had charge of the Burr & Knapp books and her testimony Is regarded iby the state and also by Knapp's coun- ,rael as the most important in the en- -
 jtire case 1
 In answer to Judge Comley's plea tfhe states attorney said the argument ,khat the defense had not sufficient htime to prepare did not sound con- 3vincing. The bench warrant for Knapp's arrest was issued last spring hnd ample time had elapsed to give t,{counsel for the accused opportunity to collect material for the defense x Attorney Cummings declared the state was very anxious to try the case. An adjournment would ibe more ( stburdensome for the s.Ate than the bdefense because numerous witnesses Eshrom other states had been notified < fo come to this city and if was doubt 6ul if some of these persons would
 come at later date He suggested that Mrs Rahm's deposition could be taken in Brooklyn
 Judge Futile remarked that deposi- fions in an important case of this lkind were unsatisfactory. He thought 6he only reason for postponement Nou1d be in the absence of Mrs. Rahm. LAs her testimony was regarded as inn poftant by both sides he did not think 1t advisable for the trial to start PunH1 every chance had been given both the state and the defense to pre- sent all available evidence.
 He asked the states attorney about a postponement until the December ferm but Attorney Cummings replied
 That it was a short term and as the Knapp trial probably would be a long one it would be e>inconvenient to have
 it interrupted by the Christmas holi- days. Judge Futile then said he would make a>specia1 assignment in I11ovember.
 Tho states attorney inquired what 1sad become of the motion for change <lof venue. He said the state had gone fc considerable expense to collect aff1- x navits and had prepared to combat . the motion. Judge Comley replied that he had decided not to press the motion.
 He found upon investigation that there was no basis for asking for a change of venue. It was discovered by him and his associate that the cass was practically unknown in the coun- fy outside of this city. so he could not urge that Knapp would be unable to