New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1929-03-12
GARDINER TRIAL
GETS under WAY
Continued from First Page)

torney Donald Gaffney explained the
case to the jury. Attorney Casale
told the jury that the defense was
general d., NAL and commended
that Gardiner acted in good faith in
having publication made of the al
legged iibelous matter.
Judge Wolfe asked that any Of the
jurors who considered themselves
disqualified for any reason say SO.
j., L. Norton OF Berlin said he knew
Chief Hart very well and did prac-
tieaiiy all his business in New Brit
ain. Harry f. Taylor of Berlin said
he knew the chief very well also
and had read considerable about the
case. Arthur b. Goodrich of Glas-
tonbury asked to be excused beca use
OF total deafness in one ear.
-Four Excused from Jury
Taylor. Goodrich and Norton
were excused. Attorney Casale asked
II any of the jurors were members
OF the Loyal Order of Moose and
John H. Vile of Enfield arose and
said. Il am a Moose" Judge Wolfe
said a raid on the Moose of New
Britain was involved in the case and
ne asked Vile if that fact would
influence him in his Judgment.
"Well. I'm interested in the Moose"
j." replied.
He was excused. Attorney Casal"
asked if any juror were connected
with the police departments in their
respective cities and towns and none
replied. The jury as finally chosen
was composed of the following:
Daniel NJ Harrington Of Hartford,
Joseph S Woodford of Avon, Charles
l.. Wooding of Bristol. John o. Ce
der of Burlington, John G. Mecon
key OF Canton, Raymond S. Gaines
Of East Hartford. Frederick G Fir
tion OF East Windsor. John 7. Hines
and John J. Miniter Of Pennington,
Joseph NJ. Gorton of Glastonbury.
Charles T. Newton of Granny, Leon
ard ~ Dickinson of lIar'land. Re
cess was taken Immediately after
the impaneling Of the jury
Reporter on Witness stand
After recess T. Leroy Pond OF
NeNinGtoli, Il reporter tor me
bridgeport Herald, was called as the
first witness for the state and identl-
fed a letter sent to him by Gardner
stating that the latter was at liberty
10 release information of "non-en-
forccment' Of law in New Britain.
and suggesting that Pond call at his
home
Attorney Casale, representing Gar
diner. objected to admission OF the
letter but Judge Wolfe admitted it.
Mr.. Gaffney read the letter to the
jury.
Pond testified that he went to
GARDENERS home on Feb. 81, 1928,
for the interview. There were lot
terry tickets and a number of letters
on a table when the reporter was
admitted.
Pond identified copy Of his news
paper issued March 4. 1928, in
which was published the story on
which the alleged libel prosecution
Is based. Pond said the story was as
Gardiner gave it to him. 1t charg-
cd Chief Hart and others with being
in COLLISION with bootleggers.
Gardiner telephoned to Pond be-
fore the latter made the visit to his
home, Pond testified.
Lottery Tickets Ruled Out
Attorney Casale asked Pond II he
and Gardiner had conversation
relative to lottery tickets. Mr..
Gaffney objected on the ground that
no reference was made to such
tickets in the complaint. Judge
Wolfe examined the warrant and
sustained the objection. Attorney
Casale contended that Gardner
should have a chance to prove his
good faith action" by going into all
the circumstances but Judge Wolfe
would allow no reference to the
conversational about lottery tickets
Pond said, in reply to Attorney
Casale, that he did not recall having
told Gardiner that the public would
never know Of conditions pertaining
to law enforcement II Pond did not
publish It, Pond recalled that he
told Gardiner he did not believe
Chief Hart was justified In calling
Gardiner "crazy" as the chief was
liner in the New Britain Herald or
February 81
Gardiner, seated beside Attorne,
Casale at the counsel table. whis'
pered to the attorney and the lat
ter asked Pond as to where Gardl'
ner claimed to have come into pos
session of information behind the
publication Of the newspaper story
Mr.. Gaffney objected and was sus
tons along the same line were asked
and objected to, Judge Wolfe sus
tanning Mr.. Gaffney.
Publisher Called As Witness
Richard Howell of Fairfield, edi
tor and general manager of thu
Bridgeport Herald. testified that HI
papers circulation on March 4, 1928
was something over $4,000" III
identified the March copy and Mr.
Gaffney proceeded to read the arti
Gle. He read part of it and stopped
saying he would not read all of Il
unless Attorney Casale wanted i
read. I'VE claim all Of It," the de
Tense counsel said and the readin.
went on.
Hart Testifies
Attorney Casale did not ash
Howell any question and Chief Har
was called by Mr.. Gaffney. He sail
he was IS years of age and hat
started in the police department a.
q supernumerary policeman. HI
said. in reply to Mr.. Gaffney. tina
he has always abided by his oath t.
uphold the constitution and enforce
the laws. He is not a bootlegge
nor was he ever one, he said.
He has one automobile which h.
bought with money earned as chic
OF police. The other members o
the police department mentioned il
the alleged libelous article are no