New Britain herald., 1924-05-27
5 KNOWN KILLED AND DEATH LLST
 CROWS W TORNADO THAT SWEEPS
 ACROSS SEVERAL SOUTHERN STA YES
STATES ATTORNEY FREES ISRAEL
 ON CHARGE OF EfUp''7','''a.'''(''. =, -
Cummings Declares Ac- cused Had Perfect Alibi and in Name of Justice His Release Is Necessary.

Bridgeport. May 27. - Declaring that it is just as important for a states attorney 10 Use the great DOW CTS of his office 10 protect the inno- cent as it is to convict the guilty States Attorney Homer s. Cummings today analyzing what he says upon its face at least seemed well nigh perfect case" concludes that Harold F. Israel did not murder Rev. Hubert r. Dahme on the evening of l'ebru- ary 1, and with the approval Of Judge l.. r, Waldo Marvin, nolle was en- tered in the case in the superior court here today. &
 Israel was hy this action auto- matically freed from charge of first degree murder. He is serving a sen tence of 20 days imposed in the city court of Norwalk on the charge of carrying concealed weapons, which will expire June 3.
 No Criticism of Police
 Mr. Cummings presentation of tho case 10 Judge Marvin covers the events from the moment Father Dahme was shot in the minutest de- tail. There is no criticism Of the po- lice department, coroner's office or city court for holding Israel. The states attorney in fact says that tho investigations and actions prior to the time the case reached superior court were in every respect logical and proper.
 Mir Cummings action in the case is based on two general grounds.
 First, that Israel established a per feet alibi for his presence elsewhere than at the scene of inc murder at the time that it was committed and second, that six balllstic engineers, after experiments, expressed the posi-. tive conviction that the bullet which killed Rev. Father Dahme was not fired from the revolver found in Israers possession when he was ar tested in Norwak
 Makes Experiment.
 In his discussion of the evidence. Mir. Cummings declares that the strongest part is that furnished by Miss Nellie Traitor a waitress in restaurant near the scene of the shooting. Miss Traitor told police and the coroner that Israel passed the restaurant few minutes before the shooting and waved at her as she stood in the window.
 Mir Cummings declares that he per. f sonally made the experiment Of stand ing ia the window and observing per sons known 10 him pass by under conditions such as prevailed at the time Miss Traitor says she recognized Israel. He says that it was moi pos ible to be certain Of the identity. Moreover. Mir. Cummings says that in- ,estigation disclosed that if would not | have been unusual for some other person 10 have waived at Miss Traitor | even q stranger" Her testimony. standing by itself. Mir. Cummings says lis absolutely worthless"
 As 10 the evidence of the ballistic experts. inc states attorney declares hat they stated positively that the mortal bullet was not fired from lsrael's revolver. If they had found To inc contrary. the states attorney declares 1t would have established lsrael's guilt in spite of the weakness Tn other evidence.
 AIibi Is PcrfcC1
 But the concluding point in the re- yiew is the fact that Israel established } perfect alibi. He stated that he uag n the Empire thoate~ at Inc time. He was asked. without ha"ire opportuu- tF to anticipate the aues:ion or secure as to the tins hr rntcrcd md the pictures thst we shown dur ng his stay there. lis statements