New Britain herald., 1929-03-13
GARDINER GUILTY
 ON LIBEL CHARGE
'ContJnuod from First Page)

,ContInuod from First Page)
 Attorney :. Gerard Casalc. repre- senting Gardiner. replied that he had made statement to a news paperman that Gardiner would not dodge his responsibility by taking the poor debtors oath, Thai, he ex- plained, explains the alleged belIie- erency.
 Judge Calls Action IneAcu>abIe
 Judge Wolfe said he did not know Of anything that could be said in Gardiners defense. His action was ineXcusable. he sad. Ii Gardiner had made an effort to present what information he had to the prosecut- ing officer of New Britain or the United State district attorney for Connecticut. that would be one thing; II he had made an cffort to verify his information, that would be one thing. but he did not make any etfort to verify the matter than was given 10 him by q person who ad- mIttedly was ore juilCed To use q common expression, Judge Wolfe said, Gardiner was sore" when he read IT the New Britain Herald that the police commission would not go further in Investigating the matter he brought 10 their attention.
 Judge Wolfe said there is no question tha, Gardiner was mali rious. The most reprs h"nsibIe and in-Ncusable part of his actions came when he dragged in Chief Harts Rife and daughter. holding them up 70 the whole state of Connecticut as assistants to bootleggers. There vas absolutely no defense for that action. Judge Wolfe said. not even Gardl. n~r's def"nse of having been actuat- ed by Il desire 10 Serve the best interests Of the community It was no wonder the iury was out only a shor' while. he said. 1T the jury had not found Gardiner guilty no mans reputation would be safe from peo- pie Of Gardiner's type
 Referring 10 the lottery ticket matter, Judge Wolfe said he doubt ed if there is a single city in the state Of Connecticut where lottery tickets could not lt- bought, and it would not be fair to hold the chief of police Of any city responsi bl" simply because someone could buy d ticket somewher" in the town. Some day. he said. there may be q perfect city with no crime, and then there will be no excuse for the chief of police not to enforce the law.
 Gardiner Recalled to stand
 TOday's session open Ii at Io:2U 0 clock and Attorney Casale WAS given permission to recall Gardn-, 'C the stand He asked Gardiner the date of his conversation wita Serg'an' Stadler and Gardiner sad iI Was April %o. 1927. and Sergeant Stadior told him he WAS to go on duty as q sergeant for the first tim that night.
 Attorney Casale asked that tho Jury be excused while he asked questions 10 lay the formulation for q motion he would make later,
 Tine jury was excused and At'or- hey Casa ic asked Gardi~sr the dat, of his arrest and Gardiner said i. vas March 2. J92s. Other questions ae 10 his being bound over and not put 10 plea at he June term norc excluded on objection of MT. Gahf- uey, who said in" records Of the court contained this lnforu,ation Attorney casaic did not make mo- tju saying he would make il al tho proper time, Tho jury was then called in
 Lottery Records Barred
 Emil J. Danhorg. clerk of the cl;y and police courts of New Bfitatn vas called by Attorney Cas;ilc. hay ing been subpoenacd 10 bring records showing certain prosecutions for lottery law violation, but Mr Gaffncy objected, saying he suppos 'd the lottery matter was disposed Of yesterday.
 T thought 90 also" Judge Wolfc agreed. Do you object" 2" and Nr. ''dllH't 9diI IT. bitt diD ft Nd7 sustained.
 Clerk Daubrrg was eN"us"d from the stand without testify ing and At torn"y 'asa ie asked to be allowed to ruake 4 motion hn Judge Wolfe said it was moi the proper tlni". Tho defense rested.
 Hart Denies banning Grsbc.k
 Nr, Gaffpay called Chief Hart and asked him if II w#s true that hr told Officer Graheck to ''nIind your own damned business wh"h the latter reported q i.asalle street place for violating the liquor law. as Gardiner testified yesterday
 The chief replied negatively. Ask cd whether or not Gardiner acted as stool pigeon in the Maietta liquor case the chief said he had done 50, having bought liquor in Andrew Maiettas store and drank if. This testimony was objected to as hear say and was excluded.
 Asked by MT. Gaffney as 10 An drew J. Muller's reputation. the chief said: He has a very. very good rep utation. He is an autom obile dealer and agent"
 Attorney Casale asked the chief if he had changed Officer Ora beck's beat about April. 1927. from I.asalle street to the vicinity of Stanley and Dwight street and the chief replied that the beats are changed ire Guently as matter of routine and if Grabeck was changed there was no particular reason for il
 StadIcr Ei>he'i With Muller
 Sergeant John C Stadicr WAS next called by Mr. Gaffncy and in reply to questions said he knew Muller for IS years. He has been in Muller's