New Britain herald., 1929-03-13

yet he was not called. despite the fact that he was at the conference in the chiefs office when the lottery tickets were displayed.
 'iss Gardiner a master mind in arranging details to give them dramatic effect Attorney Casale asked. How could he place Ser geant Stadler on his beat on North street on April 3oth or 27th-Ser- geant Stadler said he was promoted on the o7th-without having access to the police records. And he re- membered. although it was two years ago. that there was talk Of changing his uniform or something about cheNrons."
 Ju,lgr Asks Alrn,t Time Required At ll:5o o'clock, Judge Wolfe in tcrrupted to ask how much longer Attorney Casale's argument would take.
 "I thought had an hour" At torney CaSalC said.
 Well you won't require another hour, will you'" Judge Wolfe ask ed
 Have ! gone an hour"" the at torney asked. surprised.
 No. you haven't" he was assured by the court. recess was taken until noon.
 After recess Attorney Casalc went into the story in the New Britain Herald two days after the confer
 ence in Chief Hart's office, announc- ing that the charges by Gardiner
 were dropped. When you retire
 into the jury room l want you to examine this little clipping closely and See if you ever read more scurrilous, more malicious public&- ] tion.
 Il do not lay all Of this agains, , Chief Hart because there's plenty Of hearsay and derogatory remarks which the public upon reading could reach no other conclusion than that Gardiner was crazy and his charges ! wholly without foundation"
 If Chief Hart was so solicitous for the good name of his family. why did he not say Here boys, this is something serious. Let's get Pajew- 1 ski down here and ge, to the bottom of these charges? Let's look up these lottery tickets.
 Gardiner. upon reading that his charges had been dropped, tcie- phoned to Chairman Chamberlain and not being satisfied at the 1ecop- ton he was given, he went to the bar of last resort-the bar of public opinion, the lawyer said. He was not malicious in so doing and under the law he was justified, the attorney asserted.
 "I want 10 say that 1 look upon Gardiner as d defenseiess old man and l am only trying to do the best l can for him." the attorney said. He believes he did his duty as a citizen. He believes he did no wrong. but his philosophy is that 1T he has done any wrong he is ready to accept any punishment that may be meted out He is not seeking sympathy. He seeks only fair play and with this request he leaves his case in your hands
 Mr. GatIney, in reply. reminded the jury that the charge is that Gar diner conlIlired criminal libel by publishing certain statements in the Bridgeport Herald. He has admit ted if. His attorney says he IS defense l.ss old man. I'll say Il" is de- fenseless. haven't heard de. tens. in two days.
 Who gave him tn: right 10 slander and attack William (. Hari Who gave him the right 10 take the law into his own hands If he put out that libeIous matter he is guilty The state feels it has proven case. Mr. Gaffney concluded.
 Judge Wolfe Charges Jury
 Judge Wolfe began his charge to the jury at l2:20 o'clock. After reading the information contained in the warrant he defined criminal ibol.
 Gardiner has not attempted to prove that the accusations against Chief Hart were true. which he had the right 10 do under the laws Of Connecticut, Judge Wolfe said. The jury must also bear in mind that PajeWski told Gardiner that hr had been double crossed by Chief Hart and that he had resolved 'o send the chief to Atlanta or he him self would go there. Judge Wolfe further explained the difference be- tween reasonable doubt and possible doubt" and elaborated on the several points of law involved. Among other points he stresse! were that whereas public officials are proper subjects for criticism, such criticism must be fair and not reckless. groundless or dcfamatory. Chief Hart's wife and daughter. noi being puhI' officials. were not in lho same class as the chief as re- gards inc sort Of criticism that could be directed against them. be" cause they had nothing to do with the government of the police de- partmont.
 The defrnsc. Jujg" Wolfe said, was tha: Gardiner was artuat"d by proper motives and had the best in- tcrests and welfare of the public at heart when he caused publication Of inc alleged libel. That. he said, vas for the jury 10 decide. 'f reasonable doubt vas found. d verdict Of not guilty should be returned. IT not, | the verdict should he guilty. The case went 10 in" jury at 12:4o.
 Says Chamberlain Referred to "SkuUk>'
 rostifying lat" yesterday after noon. Gardiner quoted Eodmsn w. thalub"rlain. former chairman Of the board Of police commissioners. as having l"soerhed him not 10 show any more letters "to those two Skunks.' apparently meaning Chief Hart and Comm, ,ssioner Bannau. U was the first tim" since the Gard iner- Hart Ia iewski matter has been