Waterbury Democrat., 1902-02-11
POLICE COURT DoINGs.
Discharged on One Count, but Held
 for Another.


 Tn the city court to-day John k. Birney, who keeps a saloon on Phoe- nix avenue, was fined $50 and costs for keeping open last Sunday. Birney did not think he ought to have been dealt with so harshly, and he made plea to the effect that he has been obeying the law and would not violate It had he had the opportunity. Re- garding the offense in question, he said 1t was merely case of obliging few out ut-of-town friends. No money was taken during the transaction. The court did not think he ought to change the sentence, so 1t was allowed to stand. Officer Allen was the complain ing witness.
 Dennis Sullivan was discharged of the accusation of obtaining money un- der false pretenses, but was held un- der the more serious one of embezzle- ment. Attorney Slavin defended Sul- Hyan. Arthur J. Auger, an undertaken on South Main street, testified that last June Sullivan took care of his premises during the night time. He agreed to ''do right by Sullivan on business that he would bring hirn. There was nothing ever said about Sullivan collecting for him, or even any expressed stipulation for work he might do except that he would do right by him. Sullivan brought wit ness case, that is, a funeral of a man named Flynn, brother of Mrs Mary Shea. It was to be cash ssjob' and Sullivan collected the money, which included town order for S10. The order Sullivan gave Auger but he kept the $75 cash and went to New York. He returned to town few days ago. Sullivan's story was to the effect that Auger agreed to pay him p per cent of all business he would bring him and he would do right by him in any matter in which he helped. He brought him the funeral of MT Flynn, in fact, transacted the whole affair with Mrs Shea. Auger had cards for him printed in German and Eng fish. He brought Auger three funer- als, one which cost BPS, a second $10 and third $85, and out of the three Auger paid him but $5. He considered therefore that he was justified in keep ing the S15 he receievd from Mrs Shea. The court did not wish to hear any further evidence. and said that accord ing to the evidence of the accused the case was either one of embezzlement or for civil court. He thought the for mer would about fit the evidence. He was discharged on the complaint against him and was leaving the dock when he was beckoned by the prose cutting attorney to remain. A warrant for embezZlement was issued later.
 Giovanni Jacuruso was charged with embezzlement and the case was con- tinued until tomorrow morning. Prosecutor Durant stated that for the present only one count was preferred against the man, but by tomorrow morning there would be half a dozen others charging him with embedding in all about 5000. Jacuruso kept an Italian bank on Bank street, Brook lyn, and received the above amount in various sums from his fellow country men to send home. Mir Durant stated that he expected to show that the ac- cused did not send the money. A few weeks ago Jacuruso filed a petition in bankruptcy, His liabilities ran into the thousands while his assets were only a few hundreds. and these con- sisted of building lots in Italy and New York state.