New Britain Herald Newspaper, February 7, 1929, Page 16

the letter, Gardiner ssid. Made Wide Gardiner admitted uvestigation abou prohibition entry of it law reporter for the Bridgeport Herald, at Gardiner's home on Connecticut avenue, New Britain. Judge Mangan handed him a copy of the Bridge- port Herald and he read it He gave the reporter the matters | iy he had given the police board writing and he understood that “Chiet Hart; Attorney 8. Gerard Ctsale: represents Gardiner and At- terney B. J. Monkiewicz represents Pajewski, i Jury 1s Polled The case opened at 10:40 o'clock * with the polling of the jury. Judge Dickenson asked if the attorneys had any idea as to the length of time the | cese would require. Judge Man-| gan said it would take a day and At- torney Monkiewicz said he thought two days. Attorney Casale said he could not judge how long it would take, Jurors not sitting in the case | were excused until tomorrow fore- noon. . Judge Dickenson said that as he understood the papers in the case, il would not be n-cessary to prove that | Gardiner the reporter copied them. In reply to Judge Mangan, Gardiner said no. | ¥ISTIcE asked. body but Pajewski had told him that Chief Hart and his “whole | {family” were bootleggers. Judge Mangan tried to have the matters which Gardiner referred to admit- ted in evidence. Judge Dickenson admitted them as against Gardiner but not as against Pajewskl. Judge Mangan then read ~from _the Bridgeport| the alleged slanderous statements fl;";};fi:fi?”:‘;ufin“";fl‘;“a guetc | Fove.fales. o = {about Harts alleged bootleging ac- | 3 ot | tivities. he had any business with him t G g (IS i A T He puia C;‘D?.’:,:n‘:m‘;:'“g::dz:':" At. |call st his home and discums Jadired win Jon e i 98UBLET | torney Monkiewicz asked if he had, s datt e e saon Ealovabiibtors fho et ( jewski visited him at his home bY |~ Gardiner replied that he had never | appointment and at Pajewski's re-!g.en him to his knowledge. As to uest; |the arrangements for the meeting, | Names Grabeck As “Go Between”|Gardiner said John Templeton, Ira Gardiner named a man named K. Leonard and Officer Grabeck Templeton and Officer William Gra- | had tolk him Pajewski wanted to beck as the ‘go between” In ar-jsee him. Leonard was present at said his witez6PJ i Gardiner's request. I wanted & reigning the appontment. Gardiner |third party present,” he said. The %aid Pajewski was alone but said |meeting took place June 21, 1927 his wife was in an automobile out-'and Gardiner at once decided to side. Pajewski told Gardiner that write to the federal authorities. Chief Hart was in collusion with| Further questioning by Attorney bootleggers and met them at the | Monkiewicz brought out that Gardi- town line and escorted them into|ner took notes while Pajewski! New Britaln, talked and frim his notes he wrote Gardiner said e said to Pajewski | ;b otter, Judge Dickenson found “Just & minute. Do you mean 10|y yecensary to tell Gardiner to re- say that Chief Hart is a DOO| ;506 pnig hand from his mouth and legger?” and Pajewskl replied: D!ojspeak plainly and again he ordered llc x:::-n 'i")’w'?h;l’:zx:ia}x‘:; fa:nl]yo:r; | him to be more responsive u: auef, A ! oW hootleggers.” Pajewskl further said | o e that Edward Nedley, who lived near | that Leonard O¢ s¥os SO0 0 0| the Hart residence, would allow any- | house 1ocl one to occupy room in his home to T it e Gardiner said he had written observe conditions at the Hart resi Falait about. conditions Hn o dence. id he asked Pajewski|police department. it “Apparently you were not satis- diner answered. ey. Chief Hart being a bootlegger. would be a bootlegger,” answered. in New Britain. sustained. Wanted Leonard as Witness Gardiner, plaining his reason for Leonard present, Gardiner sald h communication with the Unite: time. “About conditions in the polic department?"” asked. Britain,” Gardiner answered. that he made the lottery law, and the illegal aliens into the United States. Attorhey Monklewics wanted to know whether or not Gardiner re- ceived information from a number of sources about law violation and answered affirmatively. This information was of a similar nature to that given him by Pajew- hy 1 .y ! a- “No, I did not welcome it," Gar- “Why not?" pursued the attor- “Because T questioned him about could not delieve that a man occu- pying the position of police chlef Gardiner To Attorney Monkiewicz, Gardiner admitted that before Pajewaki call- ed at his home, he had telephoned to Pajewski and told him that if it Gardiner admitted that he made it his business to carry on an inves- tigation into alleged law violations “What prompted you to investigate the police depart- ment?" Attorney Monkiewicz asked. Judge Morgan objected and was in reply to Attorney Monkiewicz, sald Pajewski intro- duced himself in Gardiner's “front room.” Ira Leonard did not know Pajewski but was introduced and; took part in the conversation. Ex- having had been instructed by the United States attorney general to have & witness to the conversation with Pajewski. He said he had been in States attorney general for some Attorney Monkiewlcz ! “About general conditions in New 1t developed through the croas examination that Gardiner received THURSDAY, . amees “Who was that officer?” Judge Mangan asked. “Willam Grabeck,” Gardiner re- plied. Questioned by Judge Mangan and Attorney Monkiewics, Gardiner said he understood that Pajewski's al- legations were based on the latter's own knowledge and not on héarsay. Leonard Ow Stand Ira Teonard was the second wit- ness called by Judge Mangan. He said he knew Gardiner. He knew Pajewski “slightly” and became ac- quainted with him in Gardiner's home, where he heard Pajewski make the alleged slanderous state- ments. Leonard’s testimony was much the same as that of Gardiner except that he added that Pajewski “figured out” that Chief Hart could not possibly buy the automobiles and 1 |real estate he owned, out of his salary as chief of police and that therefore he must be spending boot- leg money. . Gardimer Hired Detective Leonard also said that Pajewski told Gardiner and himeelf that he had spent about $600 through em- ployment of a Bridgeman detective and one Thomas O'Brien of the Hotel York in New Britain to gct evidence of liquor law violations at the City Drug store on Main street, New Britain, of which the owners e John C. O'Brien and Matthew R. Malinowski and he could not afford to keep on spending money or he would be “broke.” He also spent $1700 on a government expense, Leonard sald, Leonard did not quite understand what the $1,700 was for but he re- called that Pajewski said he had not | been given a recelpt for $200 of it. | In reply to Judge Mangan, Leon- ard sald the conversation between Gardiner, himself and Pajewski was quite loud at times. At one point, he said, Gardiner said to Pajewski: “You don't mean that Chief Hart double. crossed you, do you nd Pajewski replied: “Double cross me. Of course the Irish double crossed me.” Attorney Monkiewicz went into detalls with Leonard about the meeting at Gardiner's home and the circumstances preceding it. While he and Gardiner were waiting for Pajewskl, they talked about “what Pajewski had under his hat” and in a little while an automobile stop- ped at the curb and Pajewski alight- ed and soon came into the house through the rear door. He acted as d e it Nedley would let a federal officer have a room there and Pajewski re- plied affirmatively. The “bootleg- gers” mentioned by Pajewski were Andrew J. Muller of Newington, At- torney David L. Dunn, former police fled with conditions in the police de- partment,” said, and Attorney Casale objected and was sustained. Attorney . Monkiewics Did Not See Curran saw instructions from the United States attorney general a few weeks before he made the appointment with Pa- jewski. He did not care particularly whether or not his wife and daugh- ter heard the conversation but had thought he did not want to be seen and he hesitated at Leonard. the sight of ahead. He's all right” indicating The second time Gardiner Pajewski was in September, 1927, when he went with two federal of- ficers to Pajewski's drug store. He did not know who else was present. Attorney Monkiewicz asked him 1f Sidney Curran was present. Attorney Monkiewics had Curran stand up in the gallery, Curran being Pajewski's partner in business. Gardiner could not recall having seen him before. Asked by the at- torney whether or not Pajewski had told Gardiner in the back room of the drug store to “drop it, it's all gossip,” Gardiner said he had not heard those words but it was pos- sible for Pajewski to have spoken them. One of the federal officers sald, according to Gardiner, “there's apt to be a bunch of subpoenaes handed out around here,” and words to the effect that “everybody had bet- ter tell the trut Recess was taken at 11:40. Believed Investigation Incomplete At 11:55 o'clock recess was con- cluded and the trial was resumed with Gardiner on the stand. At- torney Monkiewicz asked Gardiner whether or not he ever saw Pajew- ski after the visit of the federal officers. Gardiner said he could not be positive but he did not recall having seen him later to speak to. In February, 1928, Gardiner tele- phoned to Pond, the eporter, and “in the interests of the public” and in the performance of his duty as citizen, arranged to have the ‘infor- mation he had given the authorities, board chairman, Sergeants McAvay, ¥eeney and McCue and Officer Dolan, Gardiner testified. Muller was referred to as “head bootlegger.” Pajewski also told of Hart owning veal estate in New Britain and Afiami, Fla., also automobiles which were paid for with bootleg money, Gardiner testified, and he also said that Hart “double crossed” him on the raid at the drug store of which Pajewski is part owner and he was determined to send the chief to At- lanta (the federal prison), or he would go there himself. Gardiner identified & letter he wrote to the federal authorities con- taining the information given him by Pajewski. Attorney Casale sald he did not think it necessary fo offer the letter because Gardiner had ad- | mitted, in his special defense, that | he wrote such a letter, Judge Mangan said there were two | » defendants and he wanted the letter | admitted. Attorney Monkiewicz ob- jected to it because the proper foundation had not been laid. Judge Dickenson ruled that con- spiracy must be shown first and ter further discussion between the attorneys and the court Judge Man. gan did not insist that the letter go in, Attorney C-~sale repeating that Gardiner admitted that he wrote the Jetter. t; Gardiner testified that Pajewski told him he did not know how to go about pressing the allegations, when Gardiner asked him why he came to him with his information. Pajewski Paid $1700 Tax Pajewski told him he had been |made public. forced to pay $1700 income tax and | . He had reason to belleve that the for that reason he did not feel | investigation by the police commis- kindly towards the federal authori- |sioners was not thorough and com- ties. Gardiner said he told Pajewski | Plete. In hig letter to Rodman W. e aid not feel kindly towards him | Chamberlain, then chairman of the because Pajewski had not acted on |Police board, Gardiner said he set a.complaint by Gardiner in an im- | forth that “the chief of the New migration law violation complaint | Britain police was either inefficient when Pajewski was police board |Or was controlled by interests inis ehairman, ical to the body politic.” Mr. Ban- nan, & police commissioner copled AUNT HET BY ROBERT QUILLEN would have “barred them out.” ing rogated and Bannan typewrote to produce any more letters, Hart Uses Rough Language U. ner asked Judge Dickenson. enson said. “He turned to Mr. said, ‘There, Mike, that' you can trust a g— d— polock. Gardiner answered. Bannan an Jjected and Jud, ‘would allow the swered. a very material would not press it. ‘When Attorney Casale Judge Mangan asked legger. added that “an officer of the Ne JUST KIDS POOR PA BY CLAUDE CALLAN LOVE = (T 18 “I kept my head bowed, but if Sallie ever prays at me like that again I'm goin’ to start prayin’ right back at her if it busts up the meetin’, (Copyright 1929, Publishers Syndicate) “We're goin’ over to our voungest daughter-in-law’s for dinner, so I'll have to change ties an’ wear the one she give me.” Copyright 1929, Publishers Syndicate) WANTED Real Estate Listings. ™E COMMERCIAL COMPANY INSURANCE REAL ESTATS Commercisl Tras Canguay Balfiay o Tel. 6000 [ i, et e T N i he wanted them not to hear it he Coming down to the maeeti Chief Hart's office, between Gn:rd'l': ner, Chiet Hart, Chairman Cham. berlain and Commissioner Bannan following receipt by Chamberlain of & letter from Gardiner concern- “general conditions,” Gardiner sald he and Leonard were inter- copy of the letter sent by Gardiner to the U, 8 attorney general, Cham- berlain called Gardiner outside the chief’s office and requested him not |had, and the opposing counsel ob- Attorney Casale examined Gardi- ner and asked him what Chief Hart said when he saw the letter to the 8. attorney general. “May I use the language Your Honor?" Gardi- “Tell what was said,” Judge Dick- as much as “At the time Pajewski made these statements did you actually believe them to be true?” Attorney Casale arked, but Attorney Monklewicz ob- Mangan said he uestion to be an- Attorney Casale said it was question but he finished with his examination of Gardiner, it anyone other than Pajewski had ever told him that Chief Hart was a boot- Gardiner replied negatively and Britain police department” had told him of laxity in the department but |Leonard, and after a prelilminary {conversation the gathering launch- ed into the talk that resulted in the lawsuit. Leonard and Grabeck Chat A sensation was created this after- noon while Leonard was on the wit- ness stand. Asked by Attorney Ca- sale if he knew .Officer Grabeck, Leonard replied in the affirmative and identified Grabeck when the latter was asked to stand up. The attorney then asked Leonard if he had had any conversation with Gra- beck today. Leonard replied that he Jected. Judge Dickenson excused and Attorney Casale made a state- ment to the effect that Officer Gra- beck called Leonard a vile name as the witness was leaving the court room today during recess. The judge sald this had no bearing on the point at issue but added that the court would investigate the state- ment. He asked that he be remind- ed of his promise in the event that he forgot. This eplsode caused quite a flurry in the courtroom. The jury was called back and Mr. Leonard continued with his testi- mony. He was on the stand at press time. d Mangan's Statement After u walt of several hours on account of other buainess before the court, the case was called at 4:2! yesterday afternoon and Judge Man- gan made a preliminary statement, setting forth that the alleged slan- derous accusations were made on June 23, 1927, by Pajewski to Gar- diner in the presence of the latter's wife and daughter, and Ira E. Leon- ard, former supernumerary police- man and close friend of Gardiner. Gardiner, according to the state- ment, embodied the accusations in w the jury ' while this point was being completed a letter to the federal authorities and later caused them to be pub- lished in the newapapers. At this point Judge Mangan con- ferred with Judge Dickenson, and Philip M. Fagan of Berlin, and John J. Kiniry of this city were excused from jury duty. Mr. Fagan was sit- ting in the jury box, having sat on the case of Rose va. Barboss, which preceded the Hart se, and Kiniry was in the gallery, having been ex- cused from service in the Rose- Barbosa case hecause of his ac- quaintanceship with Attorney 8, Ger-. ard Casale, counsel for Rose. The reason for excusing Fagan and Kin- iry was their acquaintanceship with Judge Mangan. Jurors Selected ‘The jurors finally selected were: Frederick C. Bidwell of Bloomfield, Ernest C. Wollman and Ernest Ven- tres of Burlington, Charles J. John- son No. 1 and Thomas C. Dyer of Canton, Richard D. Seymour and Warren E. Lampeon of Fast Gran- by, Archie J. Evans of East Hart- ford, Herbert C. Wells of East Wind- sor, George 5. Robotham of Farm- ington, Fred M. Colton of Granby, William 8. Griswold of West Hart- ford. Judge Mangan proceeded to read the allegations to the new jury, after which Attorney Casale stated that Gardiner entered a general de- nial and as a gpecial defense, set forth that when he circulated the i~formation given him by Pajewski, he did so without malice and be- cause he felt it has duty to inform the authorities of the situation pic- tured by Pajewski. Attorney Monkiewics for Pajewski read a denial of the allegations men- tioning collusion between Pajewski and Gardiner, admitting such para- graphs in the complaint as that set- ting forth that Hart was chief of police and similar formalities. “On information and belief” other para- graphs were denied, and denial was also made to several paragraphs in the affirmative defense offered by Gardiner. Insists Statements Were Malicious Judge Mangan, replying to Gar- diner's defense, denied that Gardin- er acted without malice. Relative to the claim that Hart told newspaper- ment that Gardiner was “crasy,” and that this statement was printed in the New Britain Herald, Judge Man- gan said it would be left to Gar- diner to prove, “It comes down to this,” Judge Mapgan toid the jury. “Gardincr admits made these charges but claims he did so without malice, while we claim and allege he did so with malice.” Judge Dickenson asked Attorney Casale what he intended to do about the claim that Hart called Gardiner “crasy” and Attorney Casale replied that it was not in the nature of a counter claim and it was included in the special defense for the sole pur- pose of showing the feeling that existed between Hart and Gardiner. At 4:50 o'clock, with the prelim- inaries over, Judge Dickenson ad- Journed court whtil 10 o'clock this forenoon without taking any testi- mony. He warned the jury that the case was not to be discussed with anyone. It was learned that Judge Dicken- son had two conferences with the attorneys in the case relative to a settlement without trial. For sev- cral minutes before the called the first conference was held, oand at adjournment the attorneys were again closeted with the judge, Californian Aviator Plunges to His Death Hollywood, Cal., Feb. 7 (UP)— George E. Marigold, wealthy Bur- bank aviation enthusiast, was killed when his biplane caught fire and crashed 1,000 feet into Franklin canyon as he clung to a wing strut. ‘The burning plane struck a hilitop and hurtled to the bottom of the canyon, i Pennsylvania Road Wire Men Get Raise Philadelphia, Feb, 7 (M—The Pennsylvania railroad today con- firmed a report that a wage increase of four cents an hour to 4200 tele- graphers employed by the company will go into effect March 1. The to- tal increase will amount to $450,000, it was said. In addition to the pay raise, & six day week was estab- lished for the operators, opening 276 additional positions. SEAUTEOUS TYHING AND VET $0 S ME HE LSTER MAKE BIG DOUGH. DIN' FER CONS TOSSED OFF'N SHPS! ALLUS WONDERED) How You FELLERS] My wWE DIWVINANT case was | (Continued from Page Seven) activities in Bristol and advised to leave the city. Early in the afternoon, twe negro women canvassers were picked up in the Foderal Hill section following the complaint of a resident and brought to police headquarters. Their credentials did not meet with the requirements of the police and consequently were given a short time in which to depart the city. Two men, wearing overseas caps and uniforms, were also denounced as fakers last night by Commander John J. Callahan of the local chap- ter of Disabled American Veterans. K. of O. Circus The industrial exposition and ecir- cus to be conducted by Palos coun- cil, Kdights of Columbus, at the new wtate armory April 12, 13 and 14, points to be the largest affair of its kind ever held in Bristol. A beau- tiful souvenir . program is being compiled by the committee and merchants are responding generous- 1y to solicitations for advertisements. A large part of the armory is being reserved fer display booths where many of the manufacturers and merchants will have an opportunity to show the people of Bristol a large display of goods. The popularity contest is attract- ing considerable attention and many entries have already been made by young ladles. Anti-Trust Charges Against Sugar Firm Washington, Feb. 7 UP—Anti- trust charges against the Great Western Bugar Company have been filed in the federal court at Lin- coln, Neb. The complaint, which charged restraint of trade in sugar beets and beet sugar in Colorado, Montana, ‘Wyoming and Nebraska, alleged that the company has defeated the build- ing of projected competitive factories by beginning the construction of opposition factories to buy and use all sugar beets grown in the areas in. which the competitive companies would find it necessary to obtain their supply. It charged further that this purpose had been accom- plished by increasing purchase prices for sugar beets and reducing selling prices for refined sugar. The complaint charged that, be- cause of these tactics, a factory projected by the Farmers’ Union Co- operative Sugar Company at Min- atare, Ncb., and one planned by the Holly Sugar Corporation at Torring- ton, Wyo., were abandoned. \\\\\\\\W'""”’”””//[///// YL0ANs Lot Us Budget You Out of Debt Our Family Loan Service Witi Selve All Your Momey Probiemss 6300 LOAN payable 35 'monthly, plus lawful intevest, $3200 LOAN 1. monthly, interest. ¥ le $10 lawful $300 “.OAN paseble 815 monthly, lawful Other Amouns in Prepertion Cost fixed by law. E loans in strict privacy. Call, Write or Phone 1-9-4-3 BENEFICIAL LOAN SOCIETY Room 201, Raphael Building, Second Floor, 99 West Main Street, Between ‘sshington and High Streets. 30 to 5 Raturdey 8:30 to 1 Licensed by the State and Beaded te the Public. 18 COMING Jo VIS'T us The New Hritain Rotary club bowling team went to Bristol last evening and suffered defeat from the Bristol Rotary team. The acore was as follows: . Bristol Koziell ,...... 91 101 4 mzu«guwmm Marion L Greulich of This City Apply For License. Archibald E. Rice of Westbrook, who has been married twice, and 1¢ Marion L. Graulich of 28 Uncas roud, 108— 314 98— 330 520 1538 83— 116— 97— 96— 108— 263 316 260 s11 313 Manning McElhone ....110 McAuliffe ....108 504 458 500 1462 Flying Parson Plans To Abandon Pulpit Norwalk, Feb, 7 UM—Rev. Harold Cutbill who acquired the title of “The flying parson” because of his fleetness of foot on the running track, has told friends here of\ his intention to leave the ministry and enter business life in New York city. This is his home city but he is now pastor of a Congregational churth at Seekonk, R. I. MULDOWNEY WITH BAKER' J. Humphrey Muldowney who for more than a year has been travel- ing in vaudeville with Jan Garber and his orchestra as soloist has re- signed his place in the orchestra and is now traveling in a review headed by ‘Phil Baker, well known Broad- way star. - Muldowney is a native of this city and lived here until he entered vaudeville. For a time he traveled lwith Barney Rapp and his orches- ra. PUBLISHER KILLED Corning, N. Y., Feb. 7 UW—Edwin 8. Underbill, 8r., of Bath, puhlluher' of the Corning Evening Leader, was instantly killed at Coopers, four miles west of here today, when his automobile skidded on the icy road- way and crashed into a tree. His skull was fractured, | have applied for a marriage license, Mr. Rice gave his age as 51 years, and Miss Graulich is 27 years old, Both are retired. This is to be the bride's first marriage. Mr. Rice han been divorced. William N. Roscoe, divorcee, and Veronica C. Kane of 1 Olive street, have also applied tor license, as have Peter Zuk and Natalie Zuz, both of 180 Broad street. | Teton Range Park Approved in Senate ‘Washington, Feb. 7 (M -Creation |of a national park out of the Grand Teton range in Wyoming was ap- proved by the senate in a bill passed today and sent to the house, The Teton range lies just south of Yellowstone Park and was visited by Mra. Coolidge two years ago when she and the president toured the Yellowstone, The senate also passed a bill enlarging the northern and northwestern boundary limits of the Yellowstone, / ITALIAN BLAST KILLS § “Segni, Italy, Feb. 7 UP—Five workmen were killed in an explo- sion today at a powder factory near the Rome-Naples railroad, Part ot the bullding was blown up and near- by houses were damaged, The cause was not known, BUMPS INTO AUTO “Herbert N. Hall of 33 High street was arrested at 1:50 o'clock this afternoon by Patrolman Michael Massey on a charge of drunkenness after he had stepped off the curb on Main street south of the rallroad crossing and had fallen against the rear wheel of an automobile owned and operated by Joseph Pernel of 57 Jubilee street. Pernel's car had stopped in & line of traffic when Hall took the step that landed him at police headquarters. Dr. William F.Keith Lasosrd B 300 MAIN STREGT A Trial Will Convince You X-RAY SERVICE THE DOMINANT IDEA At reduced rates ho’n—umoflhhu‘hfldw for Extraction work at prices the avcrage pergon can afford 10 pay. SPECIAL ‘We are now making & special high grade ot of low price of tecth, fully guaranteed ot the - $18.50 Tabe the Eievator to Third Foor Nurse in Attendance YES, MAAM -EHES COMIN' TOVISIT YOU YUESODAY=AN' / BRINGIN HER MOTHER AN' | @ JIM HAD TWO TEETH PULLED BY DOCTOR JENKING AN' WaSUS