The Waterbury Democrat., 1938-10-25
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tC-4lttANNA ! m and orderly presentation of the many exhibits 10 the court. But such inconvenience, while it may occasion expense and result in the trial being more or less protracted and tedious, does not imply that inc state may not obtain a fair and Impartial trial"
 Another AIcorn Reason
 Another reason cited by MT. AL corn for the desirability of change ef venue was the fact that seven of the accused are ofiicials of the city of Waterbury, and because of this sdue administration of justice requires that said trial should not he held in said city" CWaterhury), m answer to this Judge simpson comments, ~No facts are shown why due administration of justice may not be had because of those facts, other than such differences as may Nc drawn therefrom ."
 MT. Alcorn contended in his ar gunents that the trial could not De transferred to New Haven, because the accused were not bind-overs from the city court.
 Court Comments on This
 ssEyen so, 1t seems that in view of the fact that there Is put one su- periOr court for New Haven county and the liberal provisions of the statutes permitting the transfer of cases from one place of sitting to the other, the difference between pend- ing cases and bound-over cases Is merely verbal and was not intended by the legislature to be strictly con- strued," comments the court.
 sIf this statute is to be strictly construed, then a criminal case brought to the superior court at waterbury, whether by indictment or information, would be in g sort 'no-man's land and while such cases could be transferred from New Haven to Waterbury, they could not be transferred rom Waterbury to New Haven. It is not to be con- templated that the legislature in- tended any such result" says Judge Simpson.
 Deciding Paragraph
 Tn view of the foregoing the court is of the opinion that in view | of the broad provisions of the statutes. that it may, at its reason- able discretion, and of its own mo- ton. order the cases transferred to the superior court TOT New Haven county at New Haven" is the actual deciding paragraph of the memo- randum.
 Precedent Is Cited
 Judge Simpson cites as precedent for his action the case of the State against Pecciulis and Kritchman. An indictment was returned to the superior court for the New Haven county at Waterbury and during the trial transferred to New Haven, ac- cording to the decision.
 Tn his concluding paragraphs Judge Simpson comments "The court has therefore reached the con- cluFion that sufficient grounds, were not shown to justify the court in its judicial discretion to transfer the easps to another county, and thus grnnt change of venue.
 Enter on Docket at Once
 Tt Is ordered, however, that the cas0s be transferred to the superior cozwt at New Haven, there to be entered upon the docket at once and prosecuted to effect, or other wise disposed of according to law.
 Tt is also ordered that the ap- pointment of the special prosecutor and his assistants be and hereby is and he and each of them are hereby appointed as special and assistants, respec- lively, to prosecute the cases to eff feet"
 Acts on Own Motion
 Judge Simpson, in transferring the trial to New Haven disposed of the change of venue in the manner he hinted at during the hearing on the argument two weeks ago. At that time he told Special Prosecutor AL corn T might do something on my own motion" when Alcorn stated that his motion, called for trans fer of the trial out of New Haven county.
 Defense counsel at that time manifested their approval of New Haven as a site for the trial by at- to present evidence that the New Haven court house was ann pie In size and facilities for the trial.
 Admits Facilities
 This was made unnecessary when Mir. Aicorn stipulated that the New Haven court house was large enough.
 At the mention of New Haven as the trial scene, Special Prosecutor Alcorn threatened to withdraw his motion for the change of venue, dur- Ing the course of the hearing. After , consultation with his staff, how ever, he returned to the courtroom and hattled vigorously for the grant, Ing of his application to transfer the trial to another county.
 Alcern Favored Hartford
 Although he loudly proclaimed his | to have the trial at any county other than New Haven. it was . general accepted fact that | Mir. Alcorn favored Hartford county. |
 Throughout the hearing on the he brought out the suffl- eiencies of the Hartford court house for the exhibits, jury. and other necessities of the protracted trial. |
 It Is expected that the trial will last three or four months.
 Defense counsel declined to be quoted on their reaction to the de- sisinn. but there was every indica- Ion that they were satisfied, and hat they would launch no more de- 'ense measures preliminary to the actual start of the trial.
 The following is the complete text ,f Judge Simpsons decision:-- Memorandum of Decision on the
 She Motion for Change of Venue
 The Court is of the firm con- yiction that these cases ought not