New Britain herald., 1915-07-26
Plainviue News NOLLE COSTS MORE
 THAN A CONVICTION
Autoist Pays Extra Tax to Keep Record As a Driver Clear

Record As a Driver Clear NO INTENT TO VIOLATE LAW Gar Had Moved But Few Feet With
 Headlights out-Court Had to Col
 ,ect Anyway-Burton Had to Pay
 Briefs.
 That it sometimes is more expen- sive to nolle a case than to convict the prisoner, in Plainville court was dem monstrated this morning when w. H. Burton of Southington was tried before Justice A. H. Condell on the charge of operating an automobile without having two headlights burn- ing. The mans explanation of the manner in which he violated the law made such favorable impression that Grand Juror s. S. Gwillim rec commended that a nolle be entered and the court acted accordingly. The costs of the court, however, were more than the accused would have been forced to pay had the usual penalty been imposed. He expressed willingness to pay the extra tax, however rather than have convic- ton recorded on his license as an operator and he settled the case by giving up $3.45.
 Burton's appearance in court was sequel to an argument he had with Oficer Marine. The policeman had stopped the mans machine because he had been driving with but one oil lamp on the front of his car burning. He claims he simply intended to warn him but when the driver started to fire questions at him, placing him in an embarrassing position before number of on lockers he decided to let him explain matters to the court.
 F. L. Wagner, New Britain's motor cycle policeman, told the court that he was standing with Officer Marine when Burton's car put in an appear ance. He noticed that but one light was burning. An instant later the driver turned on the electric head lights and when the machine reached the point where the policemen were standing three lights were burning.
 MT. Burton explained that he had stopped for trolley car which was discharging passengers and had turned out his electric lights, SUD- posing s.that both oiFa lamps were burning. As soon as he got the ma chine in motion he started the elec- tries again. He claimed the machine had moved but a few feet with but one light
 The accused had entered a plea of not guilty and Justice Condell claimed that in view of the fact that it had been proved that there was violation of the law, he couldn't nolle the case He suggested that the pea be changed to nolo contendere, an ad- mission of the charges with the claim that there was no intent to violate the law. Burton agreed to this and the prosecutors recommendation was then adopted. The law provides that $2 be charged where nolle is en- tered, making the costs of settling Burton's case greater than it would have been had be been fined. He was willing to pay the extra, however, to keep his record as an auto driver clear. <A
 N. H. Downes paid s2,s6 for rnn- ming his machine through Plainyille on July 15 without g tail light. He admitted his guilt, explaining that the light had probably been jared out as he crossed the railroad tracks. He was fined $l, both Justice Condell and Grand Juror Gwillinn remitting their fees.
 Names of other autoists who failed to live up to the motor laws, were turned over to Grand Juror Gwil1ir today by Officer Marine and they,will be in court during the week.
 Fears Son Was Drowned. Almost prostrated with grief. Mrs. Jennie F. Churchill, widow of the late Jay A. Churchill, spent the day at her home in Middletown awaiting news concerning the fate of her son, Frank Churchill, who she fears was one of the excursionists on Saturday. Mrs. Churchill has nothing to substantiate her fears, other than the fact that her son had written to her several days ago, telling of his plans to go on the trip. She has not heard from him SiiICe tAc sulSdSter ana consequently she believes it possible that he was one of the victims
 Young Churchill is an employe of the Western Electric company, under whose auspices the excursion was given. He spent his vacation with his mother in Middletown last month and after his return to Chicago wrote of his intentions of going on the ex- cursion.
 Whether he was on the boat which capsized, his mother does not know. His failure to advise her of his safety.