The Connecticut labor news., 1921-12-30
LAWYERS
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 (Continued from Page One) ner has the right of assistance of the state and city forces in the prosecu- ton of his inquiries. But just sup pose Austin's lawyer (when he gets one) steps up before the judge when Mr. Austin is arraigned for man. slaughter and objects to the states attorney, his assistant, or the city prosecutor being active in the prose cution and asks an entire change of venue, meaning the taking 1t out of the local county hands entirely, what are the states officials going to do? The claim of the defense that the state has disqualified itself by partici- pating in the coroner's supposedly impartial hearing might have some bearing, so some good lawyers think.
 While neither Austin, Black or Car roll had been charged with anything while the coroner's inquiry was going on, nevertheless the case, under the coroner's policy, resolved itself into a sort of grand jury hearing out of which the three men were practically indicted, the coroner's finding having the weight of an indictment in all but first degree murder cases. Neither of the three he holds were represented by counsel and none of them heard the testimony on which they were held. But the states officers did and these same officers may have to pro- secute.
 Can they do so fairly and to the best interests of the public after hav- ing sat in at the inquiry, to which all others were barred?
 The Labor News last night asked one of the judges of the Superior Court to answer the question. The judge declined for the very good req son that 1t might be possible that the case might come before him. Several lawyers about New Haven, however, expressed the opinion that l had they the cases they would most certainly object to filling, Pickett, Whitaker or any other prosecuting | power that sat in on the inquiry doing the prosecuting. It wouldn't be a question of lodging the issue, they said but one solely of giving man ] fair chance and that they believed ! that demand for "a change of venue" taking it out of the county en- tirely for trial might have a good chance before the court under the peculiar circumstances
 Mix Slipped cog" was the gen l eral opinion, when he allowed the prosecuting officials to help conduct l the inquiry and one of them make public part of the testimony, was the nub of the lawyers statements.
 The coroner III his finding criticises all persons who were connected with | the operation of the theater and the presentation of prologue to a nov ing picture film, which prologue, he holds, was the direct cause of the
 fire, and finds all except those spe- cially named negligent but not crimi- nally responsible. Burning incense to
 give atmosphere" to the prologue ignited himsy stage draperies and
 caused the fire
 The coroner finds that violations of
 the law in the theater included ab- sence of an asbestos curtain and lack
 ot water curtain, an automatic
 sprinkler, casks of water on the stage,
 hose connections and freproof seen
 cry and woodwork. The only hose
 on the stage was a garden one
 Chief of Police Smith and members
 ot hIs department are also criticised for having failed to see that the
 theater was legally licensed and in
 permitting the prologue to be given. Coroner Mix finds Inspector Austin was negligent when alterations were being made at the Rialto theater in
 June. He also asserts that 1t was
 the legal duty of Alfred S. Black to E see that all the state and city laws , were complied with and everythine possible done to make the theate1 : safe
 Lawrence E. Carroll, manager oi the theater, is found directly respon- slble for the conditions which brought about the fire and his presentation o1
 the prologue in such a manner as was
 used is declared wantonly reckless and negligent.
 ; As to the owners of the building Harry A. Leonard, ct al, he says thai 5 they are not responsible inasmuch as the changes made were done withou
 their knowledge and contrary to the terms of the lease
 The arrests are expected to be made tomorrow, when Carroll prom ises to come to New Haven. How ! Black will be served hasn't been de. cided. He has offices in Boston bu resides in Maine
 ington, said that his department