New Britain herald., 1921-11-03
U. s. Commissioned Orders Case Dis- missed When GOy- ernment Does Not Show Evidence. Ei5
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Thomas In U. $. Dis- trict Court Has Given No Decision in Habeas Pro, ceedings. !

Hartford, Nov, 8,-Becausc the gov.
 ernmcnt was not ready or willing 10 l present evidence at the hearing hes 1 fore L, S. Commissioner Frederic ], l Corbett today in the case againss | Thomas McAuliffc. former chief feder- ! al enforcement agent for the district
 Of Connecticut McAulihe was ordered discharged by the commissioners. Hut One Case Pending. As a result of lhis action thcle 's nov but one cIse pending against McAulifie that of the state uf Connec- ticut in the charge of accepting brbes
 of sl,000 and $500 in return for hich protection to bootleggcrs is alleged to have been given
 Hearing Is Brief
 |. s. Attorney Edward l.. Smit's who has been directing the sovern- ments case against McAullffe. wal in Bridgeport today and in his ab. sence the goverxnent was represents ed at the McAuliffe's hearing by As- sist. | S Attorney George H. Cohen while the accused had his counsel. Walter H. Walsh Of New Haven. Tbs hearing lasted only eight minutes.
 Govt. Asks Delay.
 The government asked for com tinuance of one week, giving as the reason that since the last appearance before the commissioner on Octobr counsel for the defendant had secured writ of habcas corpus cum ce Isa which had removed the states ease into the federal court and States Att torney Alcorn had filed a motion tgr the dismissal of the writ and the re- manding of the case to the supsliCe court for Hartford county, where originated
 In view of the fact that |. D. District Judge Edwin s. Thomas ha. not made his decision on this melton Attorney Cohen reasoned tha Hs@ government should not be fore tas produce evidence at hearing tnfyre the commi tsioner that the |. N toineY might later be called ur refute, should Judge Thomas ruie his decision that the states ease against McAuliffe must he tried m the federal court and the [. s, At- torneY be called on to defend the former federal official.
 Attorney Walsh declared that there was absolutely no chance of this talk inc place, as the government attor- ncys would not be asked to defend NCAulllIe, ana nc ClHlmcu LHGr6 "eN not statute in the land that would the federal attorney to maha such defense.
 The commissioner asked MT. Cohen why the government was not ready ta prosecute the case and was 1n- formed it all depended on the action of Judge Thomas. In reply to s question from the commissioner Att .orney Walsh objected to a post, to date one day afCeK '"'Ss "a'",s c".. [, nS11a.p., Dismissed. ,.j,
 MT Cohen admitted to the comn1'e- sloner that the legal rights of the government could be served later if 'ound necessary by the prosecution oG he case to the grand jury and ths then declared that bs wanted to be absolutely fair to tho accused as well as to the government md in view of the fact that the govA ,rnment would lose none of it's rigltA discharged McAuIiffe.
 Bonds Are ReIensed.
 McAullffe had been held in bondx If s15.O00 for appearance before th& like sum having beed in cash for his appearance tI Inswer to the states charge. The req ult of the ruling of the commissions. IT is the release of the cash bond pG IS. .O00 in the governments case.
 The request of the government th'S morning for continuance of week. vas the third that had been rada ince MCAulffes arrest