Waterbury evening Democrat., 1908-07-30
NEW AUTO DEFENSE.
Chauffeur Nearly Smoked Out Hart
 ford Fruit Dealer.

ford Fruit Dealer.
 Hartford, July 30.-An automo- | bile offense which never entered the l minds of the solons at the state | Capitol during legislative days, when penalties were suggested for almost | everything conceivable that an au- tomobilist should not do, was dis closed during the session of the Hartford police court, yesterday. A chauffeur was fined because he permitted excessive smoking, in an objectionable manner, by his au- tomobile. Of course there is no penalty for the offense as such, but the action of the chauffeur clearly constituted a breach of the peace, and nearly led to distinct disturb ance in all that is peaceful on Church street, Tuesday afternoon, therefore the court imposed the pen alty on the breach of the peace charge.
 Much temper was displayed by the disputants during the unpleas- antness, and there were many threats, the testimony showed, but so far as appeared from the evi- dence, the aggressiveness of the of fender was confined to making his automobile smoke all the more, while the man whom he was tor menting hurled epithets and cu- cumber at his tormentor, and stood ready to fire summer squash at him should occasion demand. On Tuesday afternoon, Charles T.. Nelson, chauffeur for Jonathan Camp, treasurer of the Franklin
 Manufacturing company, went to the store of Barton, the tire man, No 20 Church street, for an auto mobile tire. His Stevens-Duryea was left in front of the store of Thomas Mascara, No IS Church street. Mascara has kept store there 15 years. In court, yesterday Mascara testified that the automobile began to emit clouds of smoke, and as the car was located just across the narrow sidewalk, opposite his door, 1t was only a few moments before his store was full of smoke. He testified that he asked the chauf- feur, Nelson, to please move the au~ tomobile.
 Why don't you move the store?" he testified Nelson said to him.
 Apparently, Mascara was not dis posed 10 move the store, seeing that 1t had taken him Is years to estab- fish it. The smoking kept up, and he got angry and talked loudly. Finally, Nelson drove away, and came back again in 10 minutes. lo- eating the car in front of the store. Once more the smoking began. Mas cari protested. and he says that Nelson told him he would fill the store with smoke before he left Nell son, according to the witness, told \ two other automobilists to smoke up." too. Finally Nelson drove away, asking Mascara "how he liked it,"
 In the meantime. somebody hurled a cucumber at Nelson; 1t missed him, and crashed through a yin- dow on the opposite side of the street. Mir McCIunie, whose place of business adjoins Barton's, said that he saw Mascara standing in the door. after the throwing of the cu> cumber, with a squash in his hand. MT McClunie said that the place was filled with smoke; he thought that the chauffeur took longer than was necessary in starting up hts machine. Both men lost their tenn pers. he said. and as there were loud threats, he telephoned for the po- lice.
 Nelson was defended by Attorney Charles Welles Gross. The chauf- feur said that his car could not pro duce the quantity of smoke testi- fled to. He said hat he did not intend to fill the place with smoke, and did not stop longer than was necessary. The reason he came back was to get some prices from Barton. Mir Nelson's lawyer said that the police chauffeur was well come to try to ge: as much smoke as was testified to out of the Stew ens-Duryea. which then stood in front of the police station.
 Prosecuting Attorney Edwin C.. Dickerson and Attorney Gross both argued the case. Judge Walter II. Clark imposed a fine of s5 without costs The fine was maid