New Britain herald., 1916-10-04
GAME WARDENS ARE
 SCORED BY COURT
Justice Condell Does Not Like Methods They Are Employing
TESTIMONY TOO CONFLICTING
Peter MartineIIi, Arrested for Hunting On Sunday, Discharged-Ofice seemed to Have Hazy Memories Liquor Case Reopened.

Conflicting testimony presented by Game Wardens Smyrk and McCaster in the case of Peter Martinelli failed to make the desired impression on Justice A. H. Condell last evening and as a result the prisoner, who was brought into court on a charge of hunting on Sunday, was discharged Incidentally the court gave some sound advice to the game wardens and intimated that in the perform ance of their ''duty'' they are some times over-zealOus and when they ap- pear in Plainville again it would be advisable for them to take care that their testimony agrees if they desire 10 be upheld.
 The game Wardens were inclined to be obstinate and they attempted to re- verse the usual order of court pro- ceGure by cross-examining the jus- tice instead of conining themselves to answering of questions asked them. Their attention had to be called to this breach of etiquette and before they could be made aware of the de- pertinent expected of them 1t was necessary to intimate that there is such a charge as contempt of court.
 The hearing was sequel to the ac- tivities of the game wardens last Sun day. They had arrested Martinelli for hunting on the Sabbath but when they attempted to prove the allegation tEey made a sorry failure, contradict ing each other and themselves as we'll in telling the court of their move ments and observations.
 The officials charged that they had seen Martinelli in the woods Sunday afternoon and when he first came within their range of vision he was carrying a, rifle. While ne never left their sight from that time until he was placed under arrest their testi- mony indicted that the prisoner must be an expert sleight-of- hand man as he made the weapon mysteriously dis appear. At least they found no gun although they made a thorough search of the bushes in the locality in which their quarry had been. They ad- vanced the opinion that the man had hidden the rifle when he observed them approaching.
 Their testimony was so conflicting that Justice Condell seemingly placed little credence in it and he ordered the discharge of the prisoner.
 ACCOfu1uS to the Of1lcorS they mad been in the woods in the White Oak section all day Sunday. Late in the afternoon in looking from one of the moutain elevations they observed Martinelli in the distance He was armed and was apparently looking for game. When they arrested him they found few cartridges in his pockets but they were .unab ble to discover the gun. Nevertheless they placed him under arrest. Justice Condel1 exam ined them at length and so changed vas their stories with each new tell ing that he became disgusted with them and made few observa tions of an uncomplimentary character him. self
 According to Martinelli, he left his home, which is located near the White Oak quarries about 8 o'clock in the afternoon. He was in search of wild grapes which grow in that local ity. He admitted that he had a rifle at home but stubbornly denied having taken 1t from the house. Two of his friends testified to having seen him leave home and they asserted that at the time he was not armed. They were certain that the rifle had not been re- moved from the room in which 1t is kept.
 The game wardens appeared to be greatly disappointed over the failure of the court to order a conviction and