New Britain herald., 1926-03-10
JUDGE HUNGERFORD HALTS PROCEEDINGS
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 Continued from First Page) the bond.
 You have q lot of confidence in yourself. haven't you?" Woods snap ped at McDonough.
 Yes. l have" returned McDon- ough.
 Attorneys In WrangIc
 The two attorneys engaged in wrangling until Judge Hungcrford interrupted them, and said that the case would be continued until next week, and he asked the lawyers to present their briefs to him not later than Monday afternoon.
 Mrs. Alex Swierczynsh cried throughout the trial, but her hus- band, who was hysterical in the court room Friday, was calm this morning. and appeared to be re- freshened He was intensely inter tSltu III lil' blp''-'NlllfsEt fAiid lN'i' ed forward in his chair throughout the entire trial. Mrs John Swier- czynski, wife of the absent brother was also in court and wept ire Guently as the proceedings progress ed.
 McDonoush. In his remurrer claimed that there was no basis for trial, as first the allegations set forth in the first uount are not sut- ficient 10 constitute a violation: sec ond, the alleged violations are not punishable in any court in the state; third, that the matters contained in the third count are the same as those set forth in the first count, and fourth. more than one crime set forth in each count.
 NcDonough's Argument
 Tn addition to the above points made .n the demurrer, McloonouGh in his argument this morning de- clarcJ, the first count is improper because it sets out two separate ana distinct matters alleged to be crimes and that the third count is lmprop- CT because it sets out three separate and distinct matters alleged 10 be crimes. McDonough further alleged that there is no basis for conviction for the state has failed to set for|h tho artflI1 devices used by the de- fondant 10 defraud, and in what
 1ICp6
 Because Kallen was asked 10 come 10 New Britain to participate in card game Is no violation o1 the law, McDonough contendHd' and he further insisted that be- cause his client promised Kallen that he would win money in game of stud poker is no violation of the law. He claimed that kaI' len knew that stud poker was game of chance, entered the game of his own free will. and would have taken the money from the ac- cused mon had the condition been reversed.
 There was no violation of the Ia" when Swinrczynski withdrew from inc game with money he had Won' according to McDonough. McDon- ough declared that there was no evidence 10 prove that the pro- coedine of the stud poker game constituted q criminal offenso' He said that Kallon could obtain his money hy reason of civil suit Tn the civil court but that there was no evidence of criminal oftenSe' He brought out that in court last week there were several lawyers who waited for decision from the local court, when they intended serving actions for q civil suit,
 Attorney Woods began his argu- ment by tracing the common law from the earliest time, and he in tended bringing his argument up 10 a. definition of modern common law. However, before he spoke very long, he was interrupted by Judge HunEcrforl.
 Tho swicrrzynsN brothers and I1FlUSkONSkl "ti'' dll fHA'' '' plantsvillo by Policemen Thompson and Murphy following a complaint hv Kal,cn that the trio had boat him out of St.&oo in crooked ramc at 3cG High street the after noon Of February 2@. Detective Srrccar, NcCuc in,ostigatcd the cay, and in inc roursr of his in ,cs,iga1ions ha has found that there are other men who claim they w.rc dcrraudcd in various nlarcs hv the trln.
 + is thought that Alex S"ior- ozvnsli will he allowed to rcturn 10 his home in rlantsyille. but there will ho two supcrnumcrary rolicom,u standing guard RI his bedside. Judge HnngorCord said this morning that he did not ohjrct 10 tho man heinz allowed to re- turn homo. rczynslN is under treatment hy a physician. and if is possible that he may require an operation,