The Connecticut labor news., 1923-11-24

close of what prominent lawyers of New Haven declared to be an experience in their legal lives There were many before the verdict of the jury who were bold enough to say the state had not proved a case and when the verdict of the jury was returned they were dlnnbfounded. There was nothing left the court to do but inn pose sentence and this was done formal ly on Tuesday without other comment than that MT. Shades argument for sett- ing aside the verdict of the jury were di- rected entirely aganst tine closing argu- ment of Mir. filling and the time had not yet come when the states attorney had to apologize for putting defendant to
 inconvenience or expense.
 Mir. Shades argument however of the setting aside of the verdict was however based on more than that. He charged the states attorney with deliberately in1uenc- ing the jury with statements having no nothing to doswith the case whatever and with using unfair tactics all the way
 through to persecute SchIeifer He tore
 filings closing address to the jury to pieces, pointing out that he had brought in matters having nothing to do with the case to turn the jury's mind and had ap- parently succeeded III doing so.
 Mir S1ade attacked the states attorney and his argument by declaring all the fair charge the court had given could not remove the poison instiled in the minds of the jury by MT. Alling." Alling had tried to brand Schleifer as an anarchist, an atheiest a stacker and sundry other things which he knew were not so, said MT. Slade and by his insidious ways had succeeded in getting that impression on the minds of the jurors and instead of try ing the case on its merits had simply tried to railroad him to jail He played on the human and war feelings of the jury unfairly, he said, when as matter of fact Schleifer's war record was as clear as any ones.
 Mir Aling not only squirmed under the tirade but at times actually burst forth into comment but he tried to be sarcastic instead of objecting and MT. Slade was allowed to continue. filings bringing in of the Mooney case MT. SIade contented was base injustice as Mooney in the opinion of the best legal minds of the country had been railroaded also and was deserving. of a new and fair trial as he was now seeking. Even the president of the United States had joined the appeal for that, MT. Slade said, and asked if AL ling was trying to make another Mooney case out of the Schleifer trial by his tao tics.
 Mir. Slade took up Is separate points in Mir. filings speech and attacked them. Every one was unfair, prejudiced and il- legal he asserted and had unduly i1fiu- enced the jury and therefore he asked the verdict set aside.
 "A masterly piece of mean diplomacy" said Mr. Slade adding that Col filling, having weak case, could only resort to the jury. "Schleifer was be- ing tried as an anarchist, into upon the charges which were made aganst him in the states information, that was just over looked" The evidence of Satti and Marks, with the conflicting testimony of 20 defense witnesses, was barely touched upon the state, filling restricting himself to general charges of anarchism slack ing," for which he was not on trial.
 When the state has weak case they drag Ill extraneous evidence" continued Mir. Slade. "Why we have even been try ing the Mooney case here, and that must have been a pretty long case, seeing that t has engaged the President of the United States, the supreme court, the authorities of the state of California, and even up .o the present Mooney does not seem to De much nearer new trial
 Hr. S1ade added that he, together with many other members of the bench and bar he country over, did feel that the Mooney ;ase was one in which the accused was ! victim of miscarriage of justice. Col. filings reference to the lowing up of the offices of the Los Angees Times in his ;peech, he regarded, as an attempt to ir- 1uence the jury unduly.
 At the close of his argument Attorney olade, brought up the matter of the pres .nce on the panel of juryn1an Downer, ,rother-in-law of Professor George D. Watrous of the law firm of Watrous, Day, Hewitt, Steele and Sheldon railroad attorneys.
 States Attorney filling pointed out hat MT. Downer had been on the old panel and that his name was open to irl- -estigation by the defense at anytime Mr.