New Britain Herald Newspaper, February 9, 1929, Page 13

Jlations with Garniner, Pajewski testi- 'in his automobile outside the house. anything except rumors about Chief | ified that he received telephone calls Sympathizes With Pajewskl Hart having two automobiles and G"-‘ Understand |from Gardiner for two or three| As the conversation proceeded, he |real estate in New Britain and Flori- “I haven't come to yet as to why ida,” o W o har Pajewskl sald when | ¥Cks, Sating that matters of im- 'saw Gardiner making notes and he ' Pajewrki mid. = = AN Sung. qm‘m“’“’“‘m t point. “I was de. | Portance needed his attention and [told him fhat was not necessary as | S0 0CT S (he two a Sy posed for another's act, i:y brother's | {finally he agreed to stop on his way |he did not intend to make afidavit. |everything.” act, without a trial, \'!;houl a hear- Ito or from Hartford the next time he (Gardiner extended his sympathy for b B on e St Ing." He relatod that his brother was |30 & day off. Asked about John |Pajewski's removal from the chair- o an e i e taken into custody sbout 1 p. m. and | Templeton, one of the alleged go0- manship of the board and Pajewski by P:_E“_lki And Ra m'p“ed the mayor sent him a telegram that |PetWeena in arranging the meeting. expressed disgust at being “kicked ey B :rmnl A G ey day that his post as police board | PAjeWski said he did not know him. lout.” “Even a criminal is gl ven a ”:“ ‘3 o st ':‘:d {o” <cgda e chairman was vacant. He was un. |He lever saw Leonard or Gardiner |hearin ardiner | the drug store a 4 he declared to - b s e 2 ber of things. “Did you tell him this | t lat LR tter a d that he had 2 :"nm .:‘“"‘h”‘e e:‘:‘flro‘;m to ‘.:y ;:zn‘,lp_h" met them in the latter's and the latter agreed tha e ha Sty ttorney Monkiewicz e recelves e mnotice from the He was shown in by Mrs. [been freated nn_moxv “He sort of ki mayor an hour before his brothe: Gardiner and on secing Leonard |hinted that h some sort of de. ‘ arrest, but the impremsion was that there, he apologized for breaking up [tective and was mlmnsk‘d in the po. | a social gathering, but Gardiner as- lice department.” Pajewski said he ToeaLiesrat esmeanhaunata L L T Pajewski. had n E iy | {little 1o say except that he made it [he wanted to get further details to Questioned as to the attitude of | (AEIE e Purpose police depart- i plain that he was “sore” hecause of get in touch with Nediey.” the other commissioners QGI’IMI‘"‘“‘[ information was wanted and. [the way he had severed connections | “Dig you tell Gardiner that Nedley him. Pajewski sai@ it took a little |he declared, he told Gardiner and {With the police department some Lad the registration numbers of time “to feel each other out” and |Leonard “right off the bat that T was |Years ago. bootleggers cars?"” Attorney Monkie- he_was not long in finding out that [not broadcasting anything” and he | Finally, according to Pajewski.|wicz asked. they were “none too friendly” to- wards him. Coming down to his re- to be drawn. JHe did net sieep v.ll and had little to say about the house. Neither Attorney Cassle nor Attorney Monkiewicz * questioned Mrs. Hart and Judge Mangan rest- ed for the plaintiff. ; Attorney Monkiewics asked that the jury be excused, which was done, and he moved that a non suit be granted qn the second and this counts of the complaint of th plaintif. The motion was denied as to the second count, which had to do with the letter tosthe federal au- thorities, Judge Dickenson having admitted it as an exhibit. Relative to the third count, which pertained to the Bridgeport Herald publication of the alleged slander, the motion was denied temporarily, after Judge Mangan declared that there was a conspiracy between Gardiner and Pajewski and the latter had called on the former for the #ole purpose of causing trouble “because he knew Gardiner knew how to be a com- plete pest to anyone he set out to follow.' wics as to what sort of an investi- gation the commissioners made, !Chairman Bannan said they asked & number of people about 'the charges and in that way tried to ob- tain some authentic information. He said he agked 20 or 25 but he could not recall & name. He asked Permission fo ask & question of At- torney Moukiewicz, but the latter told him he could mot interrogate him. Finally, Judge Dickenson re- marked that the police commission vas not on trial and the questioning about the investigation was ended. ‘Why Hart Was Promoted Attorney David L. Dunn, former chalrman of the board of police commissioners, was.asked by Judge Mangan to atate the reasons Chief Hart was promoted from a sergean- cy, the witness havin: been at the head of the department when the change was made in 1922, Attorney Dunn answered that Chief Hart's ability as a witness was outstanding and his aggressiveness in the appre- hension of liquor law violators was GARDINER' STORY (Continued From First Page) tion read to him by (he slenep- rapher, Pajewski veplied In reply to Attorney Pajewski denied that he had men. tioned the use of bootleg meney by |Chief Hart to purchase rvead 'and automobiles. He never snid $he |chief and his “whole damn family™ were bootléggers and that They escorted bootlegger's automeblles denied the allegations and the only Question Attorney Casale asked him wi “Are you acquainted with An- dy Muller?” Dolan replied “affirma- tively. Detective Sergeant W. P. McCue was asked the same questions by Judge Mangan as Dolan had been fsked, and "Attorney Casale asked him it he’knew Muller, the sergeant answering affirmatively., Sergeant Patrick A. McAvay was next called and after denying that he was a bootlegger, he said, in reply to At- torney Monkiewicz, that he knew Pajewski for some time and had been friendly with him, also that he knew of no reason why Pajewski conversation as Gardisers |daughter testified on Thureday. He denied that he had declared his de. |termination of sending Chief Hart to Atlanta or going there himself, “Did you ever pay $1,700 income tax,” Attorney Monklewics asked him. 1 wish T could. No sir,” he repiled. mes Nedley as Informant res, his name is Nedley,” Pa- jewski answered. “T told Gardiner if Asking the purpose of calling him, had little time to spend because his |Gardiner aske “Well, what Yo you | never used the word bootleg- wife and children were awaiting him !know 2" told him I did not know |gers,” Pajewski answered, and Judge (Continned on Page 18) should refer to him as a bootlegger. Sergeant T. J. Feeney testified that he was active in liquor law en- forcement for & number of years and estimated that the number of such cases he had brought in-court wold run “into:the thousands.” He #aid, in reply to Judge Mangan, that he served in the United States Army, enlisting a few days after war was declgred 'by the Un ited States. He said he knew Pajewski, in reply to Attorney Monkiewicz. Bannan Advised Suit Chairman Michael W. Bannan, of the board-of police commissioners, called by Judge Mangan, testified that he was at the conference with Chairman Chamberlain, Chief Hart, Gardiner and Leonard, and when he was shown a copy of a letter sent by Gardiner to the federal author- ities, he exclaimed to Chicf Hart: *“Sue him.” In reply to Judge Man- gan, the chairman sai¢ Chief Hart's reputation was “of the finest” prior to the time of publication was made of the alleged slanderous allegations. “How is it now?” Judge Mangan asked him. “It's all right with me,” the chairman answered, but under further questioning he said he heard within the past six months, remarks in New Britain to the ef- fect that “where there's smoke, there's fire,” and he believed (he chief’'s reputation had suffered greatly. Describing the chie he has observed it since the alleged slander, ¢ rman Bannan said he noticed * a lack of energy, a lack of concentiation, a general drawn look of weight.” tion:d by Attorney Monkie- Chairman Bannan said he and Pajewski vere friendly while on the volice board together, but he re- called that here were some words &t a meeling when miention was made of a report that liquor was 'vP!ng sold at Pajewski's drug store, “Twice Pajewski gave his word as a gentlemen that it was not s0,” the chairman asserted. Roard Runs Polico Department Attorney Casale cross-examined Chairman Bannan at great length, asking him if he did not refer to Pajewski when he told Chief Hart to bring suit. The witness replied that he meant that whoever was re- sponsible for the alleged slanderous statements should be sued. *“Who runs the police department?” the &ttorney shot at him and the chair- man answered: “The board does now."” “Did it then,” the attorney asked. “You'll have (o ask the chairman,” Mr. Bannan answered. *Who, Mr. Chamberlain? the at- torney pursued. “Yes," the witness answered. “Unfortunately he is not here,” the attorney concluded. Going into the outcome of the in- Vestigation by the police board, of Gardiner's charges, Chairman B: nan said he * had the pleasure” of ®por ing the move to exonerate the chief and other members of the department, at a meeting of the board. He said he and other com- missioners looked into the charges and did all in their power to run them down, but they found absolute- ly nothing to substantiate them. He and Chairman Chamberlain went to the office of the state's attorney and conferred with - County Detective Hickey and the then Assistant State's Attorney R. L. Gideon. “Did you ask Pajewski, who was the reputed source of the trouble?” Attorney Casale inquired. “Person- aily, T would not go to Pajewsk! or Gardiner for confirmation of any- thing after reading that letter,” Chairman Bannan replied. Qu-:tioned by Attorney Monkie- OUR BOARDING ‘s condition as about his features, and a loss | .| present at police headquarters when an important copsideration in decid- ing on him for the position. As to the chief's reputation, "At- torney Dunn said it was “the very finest” prior to the alleged slander, {but it had suffered since then, in his opinion. Asked whether or not he knew anything about alleged boot- legging activities in New Britain, he replied negatively, and Attorney Monkiewicz asked him if he was igterested in the outcome of the case and he replied affirmatively, adding that his name had been brought in- to it and he was concerned to that extent. “You are not interested sufficient- ly to testify to anything that is not 50?" Judge Mangan asked and At- torney Dunn replied negatively. Attotney Casale inquired of At- torney Dunn whether or not he had called on him relative to a retrac- tion from Gardiner, and the witness said a number of persons who had been| mentioned by Gardiner had asked him to look after their inter- ests and he called on Attorney (.l. sale relative to a retraction. “Did I tell you that I weuld bB glad to do anything I could in the matter?”” Atorney Casale pursuted. “As T recall it, you promised to take the matter up with Gardiner,” Attorney Dunn answered. Newspaper Man on Stand Judge Mangan called J. W. Roche of the New Britain Herald to the stand and showed him a news- paper containing a story relating to the alleged violation of the alien immigration law. 'The reporter ad- mitted having written it and Judge Mangan asked him if Chicf Hart gave him the information. The an- swer was negative. (Chief Hart had perviously denied having furnished the information and stated that the reporter *picked up” the informa. tion at headyuarters, also that In- spector Clark of the federal labor department had given him some of it). Créss examined hy Attorney Ca- isale, Roche said Chief Hart was Clark furnished the information. Asked if he had known prior to yes- terday that Clark had denied in writing that ha had given out the Ustory,” the reporter replied that he had no knowledge that Clark had made the denial. Earlier in the trial, Judge Man- gan offered no objection to allow- ing another newspaper article to be introduced as an exhibit for Gardi- ner, after asking the same reporter whether or not Chief Hart had told him Gardiner was ‘“crazy.” The chief had declared on the stand tlat if the reporter would say the state- ment had been made, he would per- mit it to stand, and when Judge Mangan whispered the question to the reporter, the latter replied af- firmatively. Mrs. Hart Sobs As Witness Mrs. Anna Hart, wife of Chicf Hart, testified that she knew noth- ing whatever about the bootlegging activities referred to. Asked if the alleged slander had any affect on her, husband, she replied affirma. tively and although it was plainly evident that she was making a brave fight to keep back the tcars, she broke down and sobbed as she tried to answer. Judge Dickenson at once ordered a recess and Chief Hart and Mrs. Rosc McAvay, wife of Sergeant P. A. McAvay, hurried to her side and comforted her. After several minutes' wait, dur- ing which Mrs. Hart regained her | composure in the court room, she resumed her testimony. The chief, she said, lost weight and appeared Gardner was the fall guy, | Mangan declared. he could arrange to have the formation passed on.” HOUSE “In the language of the street, Judge “Pajewski Knew in- Pajewski Testifies Attorney Monkiewicz attempted to have Gardiner rather than Pajewski called first for the defense, pajnting out that Gardiner had put in an affirmative defense on which he would be questioned. Attorney Ca- sale thought the first party named as defendant should be called first. Judge Dickenson said Attorney Monkiewicz as well as the other at- torneys would have a chance to question the defendants, and he or- dered that Pajewski we called. “Ac- cording to the testimony, Pajewski started the ball rolling,” the court remarked, At ¢:15 o'clock Pajewski took the stand and was testifying at 5 o'clock when adjournment was taken until 10 o'clock next Wednesday morning. He told of coming to New Britain in 1919 after having been in the army for a year, He was born in Poland and came to the United States at the age of ecight years, working his way through school and finally attending George Washington university at Washington, D. C) He told of entering the pharmacy busi- ness with Sidney G, Curran after working for the latter for one year. He was in the common council for two terms as an alderman, he said, having received the endorsement of both major parties for his second term, and then he decided to let politics alone for a time, only to re- turn to action when leaders of the republican party approached him for assistance in the campaign which re- sulted in the election of Gardner C. Weld as mayor over Angelo M. Pa. onessa, democrat, in the spring of 1926. “As a reward for my serv- ices, they made me chairman ef the police board,” he said, As an alderman, he was always friendly towards the police depart- ment, he said, in reply to Attorney Monkiewicz, and on becoming chair- man of the police buard he dispelled rumors of an unfavorable attitude towards Chief Hart by making an announcement in the New Britain newspapers that he was behind the chief one hundred per cent. Ques- tioned by his attorney as to his work as alderman in the interests of the wages of the police department offi- cers and men, Pajewski said he “did not anz to throw any roses or bou- qugts” at himself, but he was large- Iy Tnstrumental in blocking the pro- posed reduction of 10 per cent in the pay. Admits Complaining of North End * Questioned as to his relations with Chief Hart after becoming chairman of the police board, Majewski said they “might have had differences of opinion but they were always iron- ed out.” He admitted that he pass- ed on to the chief complaints by residents of the northwestern part of the city that the activity of the liquor squad in the Fiftn Ward was disproportionate to that in other parts of the city. “Was the chief angry at the complaints?” Attorney Monkiewicz asked, and Pajewski said he did not know. Referring to social relations, At- torney Monkiewicz asked Pajewski if he spent much time in Chief Hart's company. 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