The Waterbury Democrat., 1938-06-07

trust reposed in me by the judges of the superior court. shall make every effort to be worthy of it."
 He praised his former superior with the statement: "In my en- deavor to enforce the law without fear or favor constant source of inspiration will be my recollection of the qualities of fairness, cour- age and unimpeachable integrity so markedly exemplified with Law renee l.. Lewis, with whom I have had the honor to be associated in the states attorneys office for the past seven years"
 Appreciate Appointment
 Deputy Coroner Smyth said: q deeply appreciate the appointment as assistant states attorney and will do my best to justify the con- fidence placed in me and render to the office the best of my abil- ity in the handling of its affairs Both are Waterbury natives. To- day at 2 o'clock they were pre- pared to present 26 criminal cases before Judge Ernest A. Inglis in superior court at the opening of the June criminal term.
 The grand jury in it's report of May 19 declared that since Frank Hayes became mayor of Waterbury in 1930 organized gambling had been permitted to exist unmolested and unchecked in the city"
 "The fact that these violations of the law were known but not prose- cuted by States Attorney Lewis as well as by the Waterbury police and officials of the city court is a matter of distinct concern to this grand jury" the report continued MT. Lewis said that he considered gambling a matter of police con- cern.
 Lewis Resignation
 The complete resignation as for warded by MT. Lewis to Chief Jus tice William M. Maltbie read:
 Dear Judge Maltbie. The re- port of the extraordinary grand jury sitting in Waterbury cen sured my conduct as states at torney for this district, as well as that of other enforcement of- ficials. After reflection, I have concluded that the only course for me to follow under the circum- stances is to resign as states attorney for New Haven county at Waterbury, and l herewith re- sign the office, to be effective as of June ', 1888.
 q will communicate this de- cision to MT. Fitzgerald, who, as you know, is well qualified to con- duct the affairs of the office pend ing appointment of my success sor.
 q might say that I have de- cided to adopt this course solely out of regard for the office. It goes without saying that l feel deeply the importance of the states attorneys office being above criticism, and it seems to me that as states attorney, my value has been impaired by the censure of the grand jury.
 Gives Conception of Office
 q have never believed, and do not now believe, that have been guilty of any dereliction of duty in failing to initiate inquiries con- corning such matters as have been mentioned in the cenSure of the grand jury. It has always been my notion that gambling &C., tivities such as referred to are a matter of police concern, and as to supervising the policing of the district, it has been my view that my office should intervene to do police work only in such in- stances where the police have ob- viously failed to act and when such failure has been brought di- rectly to my attention. I have always considered that the states attorneys function is to try cases that come to the court through binding over process, or, ln oc- casional instances, upon the ls- suance of bench warrants.
 q am appending hereto a statement of the activities of the office in reference to the subject matter of the censure of the jury. If there have been any errors in failing to act at any time, they have been errors of Judgment only"
 The resignation was dated May 31. The appended statement re- ferred to by MT. Lewis was not made public It is understood 1t referred to gambling prosecutions he has conducted during the last several years.
 In Office Since 1924
 MT. Lewis had been states at torney for New Haven county at Waterbury since 1924, succeeding Terrence Carmody.
 The judges acceptance of the resignation read:
 Resolved that, without in any way determining the propriety of the censure by the grand jury re- ferred to in MT. Lewis letter, or the validity of the reasons as signed therefor. but acting in the spirit in which he has offered his resignation, solely that the action of the grand jury will be likely to impair the value of his further services as states attor ney. his resignation be and it hereby is accepted"
 New Officials Background
 States Attorney William B. Fitz- gerald was born in Waterbury January 21, 1902, the son of Mrs Margaret M. Fitzgerald and the late John J. Fitzgerald, one-time clerk of the board of education.