New Britain herald., 1929-03-13

with him. He bears d fine reputa- ton in New Britain he said in re- ply 10 Mir. Gaffney.
 The first time he ever talked to i Gardiner was in Chief Hart's office 1 the morning of Gardiner's arrest. he said. and he never talked to him on North street or vicinity prior 10 | April e1. 1927, which was the date i Of his appointment 10 the sergeancy. i He never told Gardiner of having 1 watched Muller's home, he said. Officer Grabeck testified that Gar ! diner tried to get him into conNcr- i sation on Dwight street one night while he was going towards his sig 1 nal box al East and Dwight streets. , He did not recall what the convcr- i sation was about. He denied that he ] ever was in Ira Leonard's home,
 He said he was never on the la salle street heat prior 10 19eS. he never made reports 10 Chief Hart about a place on the street and h. i was never transferred from I.aSallc street 10 another beat for making reports. He said he knew John { Tcmpleton slightly and Officer James Sullivan was "a dear friend" Of his
 ! "Wcll all the mrmbcrs Of the po- lice department are good friends Of yours. are they not" Attorney Ca sale asked.
 Well this one is in particular, :" Officer Grabeck replied
 i Asked by Attorney Casale if he knew Joseph Malosyka Of 13 Lin- coin street. the officer said he did not. On the occasion on which Gardiner tried 10 get him into con- Nersation. there was no third party present he said.
 Ask whether he knew Muller, he said he did
 1 Muller Denies Being RootIegscr
 Muller who had been in the back ground while his reputation was blasted several times by Gardintrs $ witnesses. was called to the witness stand by Mir. Gaffney. He said he has lived in Newington 3o years and for several years has been in the automobile business of and on." He never was engaged in the business of violating the liquor law, he said.
 He said, in reply 10 Attorney Ca sale. that he knew Andrew Maietta for three years and the only bus- ness he ever had with him was to sell him an automobile. He never gave Maietta a check for s240 or s2S0 he said.
 Asked by Attorney Casale if Chief Hart was associated with him in the Auburn Motor Sales Corp. Of New Britain. he said the chief was not in the concern in any way not even q stockholder.
 Patrick H. Martin Of Newington testified that he knew Muller for 2S or % years and his reputation is good Constable Raymond Y. Hal leran Of NeWington testified that he knew Muller since 1900 and never heard of him in connection with bootleggng until he read Of it in the Bridgeport Herald. He said in reply to Mr. Casale that he was not a par ticular friend of Muller but always spoke 10 him when he met him, the same as you"
 Well, l speak to him, too,' Al -orney Casale rejoiAed good naturedly.
 Says Grabcck Talked to Gardiner Ira Leonard was called by the de fense and testified that he was pres cnt when Gardiner and Officer Gra- beck had several conversations. despite tn" officers claim that there was nobody present.
 Motion For Acquittai Denied Attorney Casale at this point made a motion 10 have verdict TOT Gardiner directed on the ground that the prosecution had not been brought within one year Of the con- mission of the alleged offense, under Section 67l3 Of the general statutes. The motion was denied.
 At II o'clock Mr. Gafney started his argument to the jury. He cali cd Gardiner mot q carefree offend CT, but vicious offender. a danger ou5 man in any community. lie sald it was one Of the most mali clous llbels committed in connecl- cut in many years. and Gardiner in stead of being ashamed of it slorles in it. He has nothing to do out go about slandering people. MT. Gafrncy declared.
 He thought nothing of two lnno- cent vomen-the chiefs wife and daughtor-but freely admits that ne sent for Reporter Pond by letter and by telephone and gaN" him the ljbel- ous matter for publication in "a well known Sunday newspaper. Nailcc IS one Of the requisites of crimlnai libel. Mr. Gaffn"y sad. and Gardiner certainly was malicious. ''Ic is an offirious busybody," he decIarcd.
 "IIe glories in th.s" trials, 1r Galfn"y said. -'you saw him on th" 1 witness stand and heard him l'' out q string of oaths" Mir. Ga fancy ekotchod the situation that dated 1 back to the time that Gardiner com piaincd 10 the federal authorizes about an i'm migration cas" ln when i Chief Hart figured to some extent.
 "Paicwski With Isan,Dr in Heart Pa jeWski. the doposc1 chairman of the polio" board, with rancor Tn . his heart" told Gardiner several things which Gardiner embodied in ! he letter which vas published with malicious intent. Gaffney said.
 Going into the incident in front Of Moore's tisH market oD Conner clal street aheu Chief Hart called Gardiner "a (; ;-- I) old hypo crte," Mir. Gaffney asked the jury: "Isn't that just what he ls "NHsu't Chief Hart stra ighifor pout il? W hat else could Inc / haN" called him ''
 1 Mr. GaGn.y concluded his argu
 ncui dt l1:2u o'clock aud Attorney 'asalc immediately made reply. as ] surfing the iury that contrary to Mr Gaffney's declaration. there uas no