New Britain Herald Newspaper, February 14, 1929, Page 26

SUIT FOR 25000 | 1S GVEN 0 JURY sald that under the law, “lawtul! purpose” was impertant and oertain- 1y there was nothing unlawful having a police chief investigate Judge Dickenson replied tha question arose as to the “honesty of purpese.” and that was for the jury to decide. He dented the motion as to the second count. Then the jury Mangan Opeas Argumont Mangan stressed several points, the sirst being that both defense lawyers on the opening day of the trial ad- mitted in open court that there was, not an iota of truth in the bootleg- ging allegations against Chief Hart. The jury, he sald, shouid bear ! mind throughout the deliberation the seriousness of the charges, and | the first thing to be decided is! whether or not Pajewski made the' stautements to Gardiner which the; latter accused him of having made. Gardiner, Leonard, Mrs. Gardiner :d Mrs. Clark said he did, while ski denied ft. Touching on his own mention, & cw days ago, of the fee he was to| ive from Chiet Hart for trying e, Judge Mangan told the iry his purpose was to bring eut hat the chief had been put to ex- pense in addition to being damaged otherwise by the alleged slander and libel and if the jury finds that Pa- jewski and Gardiner were prompted v malice, Chief Hart is entitled to | tion for his expenses over 4 above whatever award might. be on account of the injury to reputation. On the second count of the plain- ii's allegations, which had to do ith the forwarding of a letter by (ianliner to the federal authorities, L which the alleged slanderous al-! cgutions we contained, Judge | Mungan pictured Pajewski and Gar- | liner as bitter enemies of Chief Pajewski, angry because of ; been removed as chairman of board, went into Gardi- s house by the back door, be-| se he did not want to be seen in | ti plot, he said. He did not act like . rcasonable and honest man would act, Judge Mangan asserted. He wanted to hide and make the balls for Gardiner to throw, and when Gardiner told him he was going to forward the information to the fed-| wral authorities, Pajewski told him ‘the sooner, the better.” Says Alm Was to Hurt Hart “Did they act to do something for the government?” Judge Mangan asked. “They did not. The{‘ acted for the purpose of injuring Chief Hart's reputation, and bear in mind, gen- tlemen, the better th ereputation, the greater the damage.” He reminded the jury of Chief Hart's courage in coming into court and openly defy- ing Pajewski and Gardiner to prove thelr charges, Pajewski, to atir Gar- diner up so that he would make trouble for the chief, told him that the latter had called him “crazy.” “pajewskl was not concerned with the government then any more than he wam when he tried to get pro- tection tor his heelers up in his particular district,” Judge Mangan charged. “He did not say they were‘ not guilty of what they were charged | with, He simply wanted them pro- tected.” Taking the jury along through the details of the Gardiner- Pajewskl conference at Gardiner's home, Judge Mangan reminded them of Pajewski's state of mind and-his feeling- towards Chief Hart as Hhe ted ‘Gardiner the gossip. “His. curs ing was so terrible, according to the testimony, that Mrs. Clark could not stand it. 8he had to quit,” he said. Claims Pajewski Was Evasive “You saw Pajewski on the stand,” he continued. “He was evasive | (hroughout, He was not man enough | to comie out and admit that he made the statements, and apologize and | \dmit he was ~wrong. Instead, he was in here failing to remember mything. He contradicted himself : several times, Mr. Kranowitz con- icted him and the lawyers were | id to cross examine him. They 1id not dare to cross examine him.” | At this point Attorney Casale ob- ! jccted and Judge Mangan quickly | replied that Attorney Casale, of | .gan said, because a story appeared in & newspaper relative to his com In his argument to the jury, Judge {plaint about alleged violations of the .immigration law. igentlemen, he was not ashamed of ashamed and angry because it came out publicly that he had done so,” Judge Mangan said. “Then he tells us that he was not mad when Chief Hart swore at him. You saw the chief- on’ the stand. type he fs shoulder. public street and swore at him and !insulted him as he had a perfect right to do. There was ahsolutely no justification at all for Gardiner's ac- tion in having that story published \in the Bridgeport Herald,” Mangan asserted, closing his argu- ment at ¢:40 o'clock with the re- {mark that he wanted to allow the iother lawyers time to answer him, But” Attorney . Monkiewicz said he could not make his argument in the 20 minutes remwining. s0 adjourn- ment was taken until today. igument to the jury at the opening | of today's seaston. was an unusual one in’ that:it was ja slander case and also an tpusual slander case. The ordinary case of |alander differs from this one in that Pajewski went ito Gardiner's home {to hear what Gardiner. has rather . than to spread scandal that all might hear agnd that number ‘of persons might know what was being said,” he asserted. Pajewski . and Gardiner the rumors Pajewski made it plain that he did not want to broadcast anything or make an affidavit to anything, the lawyer sald. an investigation and reports. &ator into the alleged fallure of the police of certain laws were touched Attorney Monkiewicz, while Gar- diner was so engaged. Pajewski was deposed as chairman of the police board after having had a short but brilllant and active political career, chiet and the chairman would not be in accord, shortly after Pajewski jsult of the wtation), in accordance Gardiner. ¥ Continuing, Judge Mangan mid Pajewski's own partne: Curran, contradiét: coming to Gardiner, “Gardiner is not crazy. They may stress, the point that he is crazy, as an excuse for his actiona, but he is about {not craxy. He's just viclous. There 4. |lm't any of us normal, but if a man t the commits murder he cannot be ex- icused on the ground that he has a weakneas in thatrespect.” | { Gardiner was angry. Judge Man- “Bear in mind, making the complaint. He was You saw the Right out from the He met Gardiner on a Judge Monkicwics Argwes Attorney Monkiewicz made his ar- He said the case to say a large compared they had heard and He and Gardiner decided to make into. the rumors Gardiner's activities asan investi- New Britain to enforce on by he said. Rumors had been spread that the qalled ‘the chief’s attention to the concentration of the police on one section ,of _the. city . for liquor.law violations. The chief admitted that Pajewski | had called his attention to weveral | places in another part of the city| which had not been raided and the chief also admitted that later these places were ralded, “but not as a re- it chairman’s complaint,” the atforney quoted' the chief as having said. Intimates Hart Was Lax Chief. Hart was informed'by a sergeant ‘'of the obtaining of evi- dence of liquor law ' vialation at Pajewski's drug store, the attorney Gasgline Station Hearing Notice is hereby given that a hear- ing will be held in the office of the Board of Public Works at 7:30 p. | m., Tuesday, February 26th, 1929, ! relative to the application of Gordes Auto Supply Co. for approval of | application for permit for gasoline | filling station to be located at €3 Broad street, (on site of prement | with the | Public Acts of 1927. All persons interested are request- ed to be present at sald hearing, if they see cause, and be heard in re- lation to the above. A. M. PAONESSEA, Mayor. POOR PA BY CLAUDE CALLAN “Our daughter Betty is goin’ to our church again. She found out that the bari- tone she admired at that other church is engaged.” Copyright 1929, Publishers Syndicate) b Adams Street, Seven Room House Oil Burner Heat AUNT HET BY RORERT QUILLEN “A woman don't really crave kissin’. She just hates to think her husband don’t care about kissin’ her no more.” ‘Copyright 1929, ublisliers Syndicate) to even stay in town that day. Atter belng removed from office, | Pajewski was visited by a number of his friends who “pounded at-him and pounded at him with rumeors that he finally began ‘to believe them and decided to investigate." Ofticer William Grabeck and a man named John Templeton ~ were men- tioned as “go-betweens,” but they ney said. “Why were they not called {to the stand?” he demanded. “Was the defense afraid Officer Grabeck would deny that he ever went to Pajewski? Why were all the wit- nothing, and Officer Grabeck and John Templeton not called?” Getting down to the investigation which the police commissioner made of Gardiner's charges, Attorney Monklewicz said the board s com- posed of five members (the . city charter. specifies four) yet the inves- tigation of Chief Hart “was carried on by Rod Chamberlain, Mike Ban- nan and Chief Hart."” “Mike Bannon cn the stand was asked who was running the depart- ment at that time and he was eva- sive, saying he knew who was run- ning it now,” the attorrey said. Damage By Newspaper Article ‘The commissioners did not go to Pajewski, because they knew he had nothing to do with the matter, and he had already told the federal au- thorities he washed his hands of it and had nothing definite on which to base :ny accusations against the chief. The damage to Chief Hart's reputation was done on March 4, 1928 and thereafter, the Bridgeport Herald having carried the alleged #landerous article on that date, and Pajewski had nothing to do with the publication of the article, he said. Attorney Monkiewicz scored the plaintiff for asking the jury to be- lieve Gardiner, the first witness called. “Plaintiff called him a hyp- ocrite, called him crazy, yet he askn you gentlemen to believe him as a witness,” he declared. “I don't blame plaintiff's counsel for apolo- gizing to you yesterday for asking you to believe Gardiner. He almost apologized to you for insuiting your intelltgence." Hahn's Testimony Called Favorsble Frank Hahn, who testified for the plaintiff that Ira Leonard and Gar- diner called on him and asked him “to deliver over Chief Hart to them for a pint of moonshine liquor,” clinched the casc for Pajewskl, the attorney said. “When witneas Hahn went on the stand and told his story T almost decided not to put in any defense,” he asserted. “Judas had nothing on them” (referring to Leonard and Gardiner.) “They brought a pint of moon- time hefore it 15 due and pay Room 308, 200 MAIN STREET were not called to testify. the attor-/ nesses called to testify to absolutely | !iner's wife'.and . dsughtey, Monkiswics called the ‘Jury’s atten- tion to their “recital,” werd for wopd the same. ; s ¢ i “But-don't hold it.against them,” he asked, “any woman would do as. much for her man -when he i§.in trouble.. He ridiculed the tion of Gardiner's daughiter that Jewski's language was unfit for her to listen to. He asked the jury to judge whether or not a man of Pa- Jjewski's appearance, education, and business and political : ' conventions would ‘go to the home of a_man he had never sen and use profanity so repulsive as to drive.- & woman out of the room. Investigation Net “Is there anything ' wrong with investigating a chief of police? They have been investigated and they will be investigated That is one of the beauties of our law. The records of lic officials must be an open book,” Attorney Monkiewicz asserted. “Is there anything illegal about going to_the federal authgrities to |have the chief of police investigat- ed? Is there anything ‘wrong ‘with ia?" he asked. b % .The damage und Injury which Chief. Hart complains of wad'caused through the . Tridgeport Werald Ty, he ceptinued. e depled that Pajewski -caused this ' and injyry despite Judge Mangan's char- acterization of Pajewski as the “fountain source” of .the alleged slander. “I atill camont. forgive Brother Mangan for berating Pa- Jewski on the stand,” he sal that felow is atill in & foy. b en abused and confused, ed and djstorted. T canriot forgive Brother Mangan for bpdiii}ing him.” Casale Is Argument. . , Attorriey Casale, i his. axgument, promised to ‘refrain from calling anyone viclous names for the pur- pose of arousing the emations of the jury. He would try to ‘bufld a high- way on the law and the facta, along which the reason of the jurors might travel to a just conclusion. He was convinced, he said, that Gardiner !was in the right throughout the en- his * contention he would' not permit his ifriendship with the other principals or their attorneys to interfere. The question for the jury to de- cide is whether Gardiner acted as he did through a sense of responsi- bility and duty as a citizen or be- cause of malice.” '“Therc is a great iplnlnua understands it or ‘not,” he sald. MUTUAL SYSTEM loans are made for helpful and con- structive purposes, such as sickness, to pay past due bills, home improvements, property repairs, taxes, interest-on mortgages, premiums on insurance, for supplies of coal or wood, for education and countless other legitima ditures. All transactions confidential, Twenty Months To Pay If Needed te expen- Plus reasonable cost. You may pay yowr loan in fall any- ounly for actual time you hase the money. Ivery payment reduces the cost, NO INDORSERS REQUIRED The Mutual System New Loonurd Bullding TELEPHONE #30 3 acquaintanceship and | principle, at stake here, whether the.f4 1 H fidi i F » E of thy chiefl . of:palice,” . noose about my. ‘s noek." - < Referring to Frank Habn, the at- il T g i Bl - i " rnmh of the plaintiff's case when it needed the testimony of “a man who apparently was not it to cou- tinue as a member of the police forcw nd was dispiseed for cause.” Gardiner, his attorney deciared, ,had “iald his carda on.the table” ad|te) to what transpired at the’ confer- ence at police headquarters. Chief Hart, however, hedged on some questions notably as to whether or not he used the ‘word “trust” with relagence to Pajewski, after it dinclosed that Pajewski had giyen information to Gardiner. The latter was justified in suspecting that Pa- jewsj! had violated a trust, as he was present when the chief used the . expreasion, Attorney Casale maid. ‘ | Cnlet Hart was aquoted in the press as_having sald that Gardiner was “crasy” and’ “all wrong." At. |torney. Casale pointed ‘out, yet hn d1d not say on'the stand that Gardi- ,ner was all wrong as to the Jonas jcase and the lottery law matter < Gardiner, after laying his evidence before the commissioners, was sur- prised to read in the newspapers |that the “all powerful chlef of po- .lice” had been exonerated. Natural- ly he was surprised at the “bare faced attempt to have the public of New Britain swallow it.” Gardiner's next move was to call Chairman Chamberlain and on fai)- iing to recelve what he thought was proper attention, he’ called the Bridgepert Herald reporter-and- re- leased the story, New Britain migl ¥ 1 i x 2 £ ree, was known as a of Pajewskl. As to Pajewski's career In politics having been brillisnt, Judge Mangan sald there was no question but Pa-|¥ Jewski had been succemsful. He was an alderman and chalr. FIFRIIA : i druggise guarantes. ence: ip liquor law .violations?" Al y Gasalp . asked. '*3t, Judge Mafgan can jump over that hurdle he.is welcome to tey it." - - .. Ip closing Attorney. Cassle = sald; the ‘defense .had nothiag to conceal and- he -was confideat. that the: jury would do right .by. who has dome his duty as he maw it, with. put ;malice,” and bring in a verdict for Gardiner on all nta, { Mangan Raplying to the defense, ' Judge Mangen compared - _Attorney Mon- m attitude towards: him‘ with ‘his reluctdnce te forgive hit, 'to Pajewski's refusal to for-: give Chief Hart. “Beta these: attor, ' neys“came into this court and ad. mitted -that there was no truth to the alleged * slanderous accusation, but they were not big. enough—" he declared, and Attorney Casale arese to -interrupt.. Judge Dickensgn ;re- | minded Judge Mangan that the at.. torneys were rot on trial and - he must confine his remarks :to the principals. ; Judge Mangan, answering L0 ques- tion why a lawsuit waa not brought |priof to. the publ! ¥ that the public of Briggeport Herald stery. said Chief | ht know what was Hart chose to suffer in silence after | #oing on. ¢ lcarning of the letter to' the federal Ever An Investigation authorities, in which friends of the “Has there ever been a real in- chief were mentioned. Nobody but vestigition? His the stench beeh a few persons knew of the letter and ' (- 14 fnch FLOOR BRUSH With Handle $1.00 $1.00 UNIVERSAL SCALES Capacity, 24 Iba. by ox. $1.00 BOY SOOUT $1.00 Collins official HATCHET with sheeth ....... 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