The Barre daily times. (Barre, Vt.) 1897-1959, 1921-07-19
Claim Made That District
Attorney Withheld Fact
. From Court
CASES PUNISHABLE
BY PRISON TERM
Massachusetts, State. Po-
liceman Was Witness
Heard To-day

Weston Allen to-day introduced be
fore the full bench of the supreme
court testimony to support the 23d
of the 80 charges on which he seeks
to have District Attorney Nathan A
Tufts of Middlesex county removed
from office. Mr.. Aliens allegation
said that from improper motives the
district attorney refrained from bring
ing to the attention of the court the
fact that certain cases were punish
able by Imprisonment or by both i'm
prisonment and fine, and that as re-
suit the defendants were sentenced by
the court to the payment Of fines
only.
Arthur +. Heating of Somerville, a
state policeman, the first witness. this
morning, testified concerning the case
of C. Richard Neal of Wayland, who
pleaded guilty and was fined 800 in
the superior court for illegal keeping
of liquor in June, 1917. Neal had ap-
pealed lower court sentence of three
months in the house OF correction and
a fine.
Heating testified that the house in
Wayland where he procured evidence
against Neal was a pretty gay place
with young girls and jazz band.
He said the offense was Meals sec
ond.
A letter dated Jan. 30, 1918. from
District Attorney Tufts 10 Heating
introduced in evidence, stated that ii
was understood that Heating had com
mented on the disposal of the case
without informing him. The letter
further stated that Tufts did not
know Keating's interest and asked him
TO notify the district attorney in fu.
ture cases.
A letter dated Feb IL, 1918, from
Keating to Tufts. said Heating had
thought it funny" Tufts had disposed
of the case without hearing him
Seven other cases in which Heating |
was complainant then were discussed. |
They were all for alleged practice of
medicine without licenses, naming
Lena Hopner, Georgians Perry. Fran.
ces Poremba, Pimatrs Maeopoulos.
Mary Sullivan, Mary Karkuski and |
Ehzabets Laseoris, all of Lowell.
The only case in which Heating said |
he was consulted was Mary Sulli-
vans and then II was by the presiding
Judge.
On examination Heating tes-
tilted that the complaints were known
at the time as the Lowell mid wife
rases. He would not say he had heard
that the judge who tried them had ar
ranged that one should be tried and
the others disposed of according to il.
Mary Sullivan was prosecuted a. sec
ond time and found not guilty in the
superior court, keating said.
The attorney general then offered
evidence in connection with the case
If Lillian F. Howe. charged with keep
ng a dsorderly house in Cambridge in
November. 1920. The Howe incident
vas offered to support charges that
Distric, Attorney Tufts from improp-
II motives. failed to prosecute persons
Who committed crimes in his jurisdic-
ion
over objection bv the defense that I
he case was Of such recent origin that
here had been no opportunity 10 pros
cute it, the attorney general said
I'VE shall show that this was the
ase of woman continually keeping
house of III fame and that il was
allied to the district attorneys atten-
ion"
Lieutenant Joseph A. Donshue of !
he Cambridge police testified to the
ard on the house Nov. 30, asserting
hat the Howe apartment was in
ouse which he thought formerly had
cen occupied nv Brownie" Kenne-
v. who has figured in other testi-
1ony before the court.
On cross-examination. Lieutenant
'onahus said the district attorney had
old him that the court calendar was
rowded and he knew Tufts was }
-orking on several murder cases. i.
J. Frank Chase, secretary of the
Watch and Ward society. testified that
is organization had been working on !
he Howe case with the government
ast January Tufts told him he would
" to take the case w a. once.
The attorney general then offered
n address book which he said had
cen found 81 the Howe place In IL
as the name of - Dovle. district :.
ihoe. Cambridge 7o42. he added, say n
srs
w, shaIl show that this member
Tufts stsH has been seen going
10 the Howe Womsn's house
The book vas excluded. Lieutenant r
hsrles A. Wymar of the Cambridge \
slios testified that he hsd seen 1ohn !.
psrtm snt- In
I n8er cross sUsuinstion the witness o'
I'D that he had nos reported TIE in
dent - District AftpTnsy Tufts. ,or -
Z b knou that the districf after ls
. hsd any knovis6<s cf tbs y1sIt. u