New Britain herald., 1928-03-10
Accused of Criminal Libel, He Serve. No- tce That He Intends to Put up Legal Fight at Hearing This Morn-
 ing Before Judge Saxe.
Examination and Refers to Constitutional Rights-B0nd Set at S1, ,OO0, He Is Returned to Cell After Seeing Wife.

Serving notice that he intends to light the charge oc criminal libel on which he was arrested yesterday forenoon. Henry E. Gardiner, police department accuser, pleaded not guilty to six counts in police court today and waived examination with a demand for trial by jury. Judge M. D. Sake, stating that he had no desire to crowd him into a trial, or dered him bound over to the June term of superior court in 5000 bonds. Gardiner spent yesterday and last night in cell at the police sta- tion in default of bonds. and was brought back to the cell after court. Unless he obtains bonds he will be sent to Hartford county jail to await trial.
 Concentrates On Clerk
 The court room was crowded when Gardiner's name was called and all eyes were upon him as he stood in the pen, leaning forward to catch every word of the six counts in the warrant read by Clerk Emil DallpNi6 Ilt lldb IliS IdHue clasped behind him and appeared 10 be noticing nobody but the clerk. Shortly before his case was called. he nodded slightly as though dozing, and as the other cases cn the dock ct were disposed of he did not change expression or display any in- terest. His last appearance in the court room was several months ago when he testified that he had ob- 1 tained evidence in a liquor case, which he turned over to the federal authorities and which resulted iii q conviction in federal court.
 Demands Jury Trial
 In reply to Clerk Danberg's query: ITO this information what is your plea" Gardiner said: Not guilty, I waive examination, Your Honor and demand jury trial.' Assistant Attorney Greenstein, who drew the warrant on which the ar rest was made, said Just a min ute. There are other counts" and after the reading of each of the oth- CT five. Gardiner pleaded not guilty. Now what is 1t you want?" Mt. Greenstein inquired at the conclu- sion of the reading of the sixth count. 1T want to waive examina- tion and demand a jury trial" Gar diner answered.
 Addressing himself to Judge Sax. MT. Greenstein said the complaint was prepared under the statute or breach of the peace, and Gardiner's stand was "the same as a common drunk coming in here and waiving examination" MT. Greenstein said he was prepared to offer evidence sufficient to make out a prima facic case. or just enough to warrant . probable cause finding in the event that the court did not wish to take jurisdiction. and he assured Judge Saxe that whatever course the lat ter wished to take would be agree- able to the state.
 Stands on Constitutional Rights
 Judge Sake replied that 1t is with in the power of the police court to take Jurisdiction or bind Gardiner over to superior court. He has no attorney has he? ?" he inquired, and Gardiner replied that as an Ameri- can citizen he stood on the consti. right of trial by jury in cases in which the penalty is more than $100. Am l not right about that. Your Honor?" he asked. Mr Greenstein answered that nobody can have a trial by jury III police court. and Gardiner made the point that he needed time 10 subpoena witnesses and prepare defense v believe. in fairness 10 myself. tha, should be given time for that" he said. and Judge Saxe replied: "I think you're right Mr. Gardiner"
 Gardiner said he would be ready for trial by next Thursday if that jay was agreeable to "ail concern ad. '1 want to be fair with every. 1ne.' he said. Mir Greenstein re- piled that he did not care 10 wait until Thursday to present the states case, and if he could not do so at once. he favored having Gardiner pound over to superior court. which vas done. He told Judge SaNc he
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