The Waterbury Democrat., 1939-11-27


have several motions.
Newspaper Articles
During a recess Judge Wallace de-
MED Sabbatino's motion for mis-
trial on the grounds that newspaper
articles over the weekend had
prejudiced the jury, which Is not
locked UP.
"As far as could see,' the Judge
said, "the articles were not call
culated to influence anyone above
the grade TO moron. They might
produce q slight nausea"
The Judge observed that "the lati-
tude allowed newspapers In this
country, under our democratic sys-
tenn, Is too wide"
Under the English system, he add
ed, "a lot OF us would be in jail,
and rightly so, some newspapers
would not survive and I'm afraid
that some counsel would not sur
vive."
Attorney Murray Excused
Murray was excused after II was
shown that he testified before the
grand jury May %, 1899, at q p. m,
utlu I1eiAy LlhuSh' lCopahuVCauAi
was called TO testify about a 81 900
check he made out toe the bund
and gave to Kuhn In response to
the leaders request for legal de-
Tense fund.
Hauck said he did not get the
money back but charged 1t to rent"
on his books.
william Karle, an attorney, then
testified that he received his fee for
representing the bund at a trial In
Nassau county In July, 1898.
Sabbatino announced he had no
more witnesses and, there being no
cross examinatio, moved for O mis-
trial on the grounds that with 50
many counts dismissed, 1t would be
mentally impossible for Jurors to
separate the issue.
Wallace denied the motion and
others Of the same nature based on
the contention that Kuhn's love
letters and kilograms TO Mrs. Camp
contained preJudiciai but not EVIL
dental matter.
The jury was excluded when Sam
batino ASKED opportunity to argue
the point further.
Wallace deprecated the "prejudic-
ial" effect OF the letters.
We're not going to convict this
man jusct before he wrote love or
because the letters we're silly" he
said.
Sabbatino recalled that In one
letter Kuhn said "the Jews are be-
ginning 10 fear me-"
The judge replied that there are
no Jews on this jury"
Sabbatino then argued that
kuhns reference to himself In one
OF the letters as public enemy No.
!" should not have been admitted,
and Wallace commented:
| oh, he may have been unduly
boastful, but I think you're giving
too much weight to trihes."
The exchange between Sabbatino
and Wallace were sharp. When the
deiense attorney argued that the
prosecution had placed too much
emphasis on Kuhn's relations with
Mrs. Camp, the Judge said:
We're not going 10 regard Mrs
Camp as timid virgin. I'm sure the
jurors consider the incident trivial"
AS Sabbatino continued making
mistrial motions Wallace interrnupt-
ed.
Prom the very first witness" he
said. ut was obvious that you were
trying to goad the court into action
TO bring about inistrial and at the
proper time ! will deal with you on
that score"
Wallace did, however, order strick-
en- from the record testimony con-
corning q $50 medical bill which the
state alleged Kuhn paid for Mrs
Virginia Cogswell, seven times mar
ried Georgia Peach"
In support OF another rnistrial
motion Sabbatiro charged that "the
press has been extremely prejudicial
to this defendant"
Wallace said. Eyes, that Is true,
but I may say that under your
theory II would be impossible to
bring an unpopular man to trial. He
would be able 10 do what ne liked
without punishment solely because
he was unpopular. That Is absurd"
Sabbatino said he had no more
motions to make and the court ord
cred q recess before the start OF
surnmations.