New Britain herald., 1921-11-05
THOMAS 0VERRULES
 ALCOR|V' $ CLAIMS
McAulife Will Face Trial in
 United States Court.

Judge Edwin $. Thomas 0 the lnited States district cour' declined yesterday to rcman,
 Thomas McAuliffe, former chic. prohibition enforcement officer for Connecticut, to the stalC
 court For trial. He rendered q
 decision denying States Attor. Iucy Hugh M. Acorn $ motion to 1 that effect.
 As a result McAuiffc will be tried in the United States court on inc charge brought against him by Mr. Alcon of accepting bribcS of $l 300 from former De- tpctlyc-Sergcant Andrew J. Richardson of New Britain and Charles Gardini, joint owners of the Grand Hotel of New Britain.
 Asks Imnedinte Trial.
 States Attorney Alcorn, upon learn in. the nature of the decision, prompt ly took steps to ask Judge Thomas to assign the case for immediate trial. In the regular procedure, the case could not be claimed for trial until the first Tuesday in December but such a de- I lET l 1t. neNs plans for the trial in the su- pcrior court of Prosecuting Attorney A lberr A. Greenberg and others charged with being implicated in the New Britain rum ring. There are req sons to believe that MT. Alcorn de- sires to dispose of McAuliffe before proceeding with the other trials in the ease.
 AicOrn to Prosecute.
 Tn granting the writ of habcaS corpus cum causa ana in denying the motion to remand there is and can be no miscarriage of justice.' Judge Thomas said in concluding his deci- sion. The accused is not released from custody nor is his bail discharged. He has to be tried for the alleged crime set forth in the information. Ths rules require that the learned states attorney appear in the federal court and prosecute the case and that thG learned district attorney defend. faradoNical as this may seen, 1t nevertheless is not of sufficient i'm portance to defeat the right of an ac- cuSed to invoke the provisions of Sec tion Gt3 Revised Statutes (Sec. B. Judicial Code) when the law gives him this privilege, which when in Voked, must be granted him by the court as matter of right in view of the rules and decisions, and the con. herein reached and e1- pressed
 Judge Thomas was at his Hartford office in the federal building when he completed his decision late in the aft" ernoon, after working steadily at it al day. The decision covered eighteen pages of legal cap.
 Valves Defense lily Smith.
 Walter J. Walsh of New Haven. of counsel for McAuliffe declared that tho accused would waive his right to be defended by District Attorney Smith. This removes the district attor- hey from the embarrassing position of defending an officer whose arrest on federal warrant he brought about on the same bribery charge that was he basis of his arrest by the state. me federal case was dismissed Thursday by United States Commissioner Cor oett when the district attorney failed 10 present evidence. That left only he state charge against him, which must now. by virtue of Judge Thom- as's refusal to dismiss the habeas corpus writ, be tried in the United States court. McAuliffe will be prose- ,uted under the state law and, if con- iicted, will be sentenced to the state prison at Wethersfeld. Briefly, the difference caused by the granting of he habeas corpus writ. Is that the 'ase must now be trieo before a re6- .ral judge and jury instead of by a tate judge and jury,
 States Attorney Alcorn had no other | comment to make last night than to | ay that he was ready to follow | vhet ever the case goes"