The Waterbury Democrat., 1938-06-21

states attorney and there was no cause pending before the superior court at Waterbury wherein the state was a party, wherefore the facts necessary to the legal ap- pointment of the said special states attorney and the two as- sistants at Waterbury as provided by Section 5367 of the Statutes as amended by 869 D 1887 Sup, did not exist and said appointments are invalid and the said attorneys were without authority to act in this proceeding and the informa- tion filed, accusation made and warrants issued are void in the law.
 II. The said special states at- torney neglected and failed to file a bond as by Section 2236 and Section 5365 of the Statutes is provided and by reason of said neglect and failure his office of special states attorney became vacant under Section 2237 of the Statutes and he was and is with out power and authority to prose- cute this cause, file the informa- tion, obtain a bench warrant and cause the arrest of the defendant.
 12. The said special states at torney has failed and neglected to take the oath of office required and demanded by the law to prosecute this cause against the defendant, the oath taken by him being only and solely to conduct the investigation of municipal af- fairs in Waterbury as by said oath recorded in the Superior Court Records, Vol 19, Page 514 will more fully appear.
 13. Neither the said special states attorney nor his assistants were members of the special grand jury, so-called, they were not qualified nor authorized in the law to act as states attorney be- fore the special grand jury, so- called, and were not permitted by long established custom and the law of this state to be present in the grand jury room or to examine and ross-examine witnesses ap- bearing before said jury or to counsel and advise the grand jury in its proceedings but neverthe- less the said special states attor- ney and his two assistants were present before this special grand jury, so-called, and conducted the proceedings as is herein set forth, wherefore said proceedings are void in the law, and the defendant deprived of due process of law.
 IA. The said special states attor- ney and his two assistants unlaw- fully used this so-called special grand jury as means of obtain ing evidence against the defend- ant and admissions by him as to facts which would tend to in- criminate him which they would and could not otherwise obtain.
 15. The so-called report of the special grand jury, so-called, is sui generis and has no standing in the law. and was SO highly colored in language and descrip- ton and received such widespread notice in newspapers and radio that fair trial for the defend- ants in any venue is impossible.
 16. The information and the bench warrant issued pursuant thereto are void because the so- called special grand jury proceed ings upon which said information is based have been so irregular, unlawful and so fraught with vio- lations of the defendants right of due process of law in contraven- tion of Article I, Section g of, the Constitution of the state of Con- necticut and of the 14th Amend ment of the Constitution of the United States and said proceed ings have so prejudiced the rights of this defendant as to render a fair and impartial trial on the merits impossible and the entire proceeding is SO stained with lack due process of law that this court Is without jurisdiction to proceed further in the cause.
 WHEREFORE, the defendant respectfully prays that this process abate and that judgment be en- tered discharging the defendant.
 THE DEFENDANT,