The Connecticut labor news., 1923-04-20

set forth by the states attorney and the attorneys for the defense Judge ! Webb found in favor of the defend ant and threw the case out of court The particular high spots in the , ruling of Judge Webb were sustaining the contention of the attorneys for the defense:
 That said information Is insufficient in law.
 That said information fails to set | forth any offense or crime.
 That said information merely charges the defendant with having uttered certain words set forth Tn said information and such utterances do not constitute a crime by virtue of any statute of this state or at com mon law,
 That said information merely sets forth that the defendant entertained certain intentions as evidenced by cer- tain expressions made by him and such intentions do not either at com mon law or by nature of any statute constitute a crime
 The decision/of Judge Webb fol- lows:
 "The information in this case charges only the common law crime of solicitation. The argument upon this motion has been most thorough and exhaustive and counsel for the state and the accused have presented for the consideration of the court all of the authorities that can be in voked throwing light upon every as pect of the question presented. There 'is only one decision of our own su- preme court dealing with this ofense, state vs. Avery, 7 Conn. 200. In that case the accused addressed a written communication to a married woman named in the information which could only be construed as a direct invita- ton to her to commit with him the crime of adultery The invitation was repelled by the woman to whom 1t was. addressed and the writer was prosecuted The information was in two counts, one charging criminal libel and the other solicitation Both charges were sustained.
 This decision has not been ap- proved in some other jurisdictions, but as> adultery by a married woman in this state is grave offense, if not indeed felony, 1t has by some au- ground. The argument of this mo- ton has disclosed that the authorities upon this subject cannot be in all respects harmonized. Whether there must not also be some overt act in the nature of an attempt, seems to be the view of some of the authorities. Time will not permit nor will 1t serve any useful purpose to attempt in this opinion any exhaustive review of the authorities. It is sufficient to note that in all the cases that have been brought to my attention, where the charge was the common law crime of solicitation, the inducement or invita- ton has been directed to one individu- al, soliciting the accomplishment of some particular act, which If com piled with would result in the com mission of some specific offense.
 No One Person Solicited.
 "The information in this case does not charge the solicitation of any particular person to the commission of unlawful acts. It alleges that in tending to endanger the public peace and to incite and procure the com mission of divers fe1onies and aggra- vated crimes akin to fe1onies, the accused orally addressed a large num- Der of persons to the attorney un- known, then assembled in his pres ence, and did exhort and urge said persons in substance as follows:
 ou will never win the strike with soft methods You young men ought to go out on the bridge Don't
 (Continued On Page Eigf1t .t