The Waterbury Democrat., 1931-04-15

that are required In law in order to
 be guilty of a crime. He knows the difference between right and wrong,
 the nature and consequences of his act and that he was likely to be pun
 ished as required by the law, to be lcriminally responsible for those acts. There is no doubt of the guilt of the doping of this girl, and I have no doubt of the purpose for which that
 doping was administered to her. l Torkomian-there is no doubt whatever of his participating in the administration of that drug and of the purpose for which it was ad-
 ministered. I can't say that I am | free from doubt that Torkomian committed the offense of rape upon the girl but he participated in it and in preparing her for that offense he | is an accessory and equally guilty as though he had himself committed the offense. Torkomian seems to me
 possibly to be a little more vicious
 than any one of these accused be- cause of his age and business ex- perience and such conditions. He
 provided the place for this despicable act and the means-the money to
 get the drug with and the means to
 prepare it for administration to this girl, and this sort of conduct. as I
 have before said, is the most coward
 ly that I can imagine.
 You didn't give that poor orphan
 girl an opportunity to make any de-
 fense for herse1f-a young child,
 sixteen years. old! You didn't give
 her an opportunity even to raise her
 hand Tn her defense to say to you: "Yes. take my body and do what you will with it'' or "No, will fight to the bitter end" You didn't give her n ar n r. # cry. Can anything more vicious be imagined? And yet, in passing upon this question with you, one has to restrain himself and act with care lest he fail to do his duty to society and avoid an injustice to you, and yet one might say: Could an injus- tice be done to men who will do such injustice?"
 MIR TORKOMIAN: Would you al- low me to say, Your Honor, . few things?
 THE COURT: think nothing you could say could change my opinion, Torkomian. I am convinced of your guilt and I am convinced of the
 vicious and mean quality of that.
 The statute provides rather of serious penalty for the commission
 of the crime of rape. Thirty years is the maximum, and for the admin istration of a drug for the purpose of committing a crime, twenty-five years is the maximum; and the gen. eral assembly, in passing that statute contemplated the imposition of the extreme penalty that the statute pro- vided only in extreme cases.
 Now Distefano's situation is some what different. Of course, he had nothing to do with the administra- >f% but I,n c%4 fano has told here can not commend itself to ones belief. He said, he came into this house and found this young girl lying on the, bed. He thought she had been outraged not in the language I am employing but he got club and, he expected the wolf to come back with other wolves and he had just shortly come from the store below where he had had an interview with that store keeper, and this girl that was pale and young and childish-he doesn't go to the storekeeper and remove the possibility of any question of his guilt in the affair as he might have done had he been innocent. That would have occurred to him; he would have gone down there and asked for help and told the store keeper to come up before any length of time had gone by so that he would not have been involved in the affair; but he stays with this girl all night and makes such use of her as he finds his nature directs.
 And I am not so sure that with these accused the entire offenses upon that girl have been told to the court. I am not at all sure that others who were up there when she was carried from the auto mobile into the place, who had any business whatever to go up there, no purpose that required them up in that room, but they are of the very same quality that you men are. They are of no better grade whatever. Had they been. they would have rescued that girl from the plight she was in and it requires no stretch of the to guess or to conclude what those others. who were up there, also did,, No one knows. The girl was beyond the possibility of realization.
 Sentence may be in the case of Sullivan and Torkomian each on the first count not less than twenty or more than thirty years in the States Prison in Wethersfield. Upon the second count in the case of Sullivan and Torkomian sentence may be not more than twenty years. These sen- -ences are to be served consecutive Iy and not concurrent1y.
 In the case of Distefano I find him not guilty upon. the second count. Upon the first count guilty, and sentence may be not less than fifteen nor more than twenty-five