New Britain herald., 1916-02-17

CHAUFFEURS FINED; ONE SENT TO JAIL Martin Given Thirty Days and
 Fined $100; Mccarthy Fined $50 SEQUEL TO FEB. 12 "J0Y RIDE"

DHXUUu IV IHD' IA JVI hlUE Prosecutor KIeet Says They Were On
 Way to Red Swan Inn, Neriden.
 When NIcNIahon's Automobile Over-
 turned in Berlin,
 William Martin was fined s1OO and costs and sent to jail for thirty, and Charles F. Mccarthy was fined $50 and costs by Judge James IT. MeskilI in police court this morning. on a charge convicting them of interfering and tampering' with an autom obile owned by P. s. McMahon without the owners permission. The offense was committed at a. m. on February I ? and when the men were first ar raigned the charge was taking and using" the car. The penalty for this offense is not less than six months in jail while for the charge preferred against them the court is given more leeway in the matter of a money fine and jail sentence.
 Although the case was called at S:45 o'clock a recess was imm ediately called during which Lawyers w. r. Mangan and P. F. McDonough, rep resenting Martin and Mccarthy re- spectively, conferred with their clients and with the prosecuting attorney, George w. Klett.
 Prosecutor Wants No "COme Back
 To the charge of interfering and tampering'' with McMahons car both Martin and Mccarthy pleaded guilty. Prosecutor George w. Klett made a statement of the facts in the case to the court. He declared that he had absolutely refused to agree with the counsel for the defense to make any recommendation as to the disposition of the case as he did not want Mo MahOn or anyone else to be able to leave the court room and say that he had not been treated perfectly fair by the prosecutor, the police and the court He then explained the circum- stances surrounding the taking of McMahon's car. He said that on last Friday night, Martin Mccarthy and three other men decided to take an automobile ride They telephoned to the taxi-cab driver at Crowells corner but he could not accOmmO Odate them. They then went to COrbin's garage where Martin told J. J. Weston, who was in charge, that he wanted to take McMahon's car out to run down to the farm in Kensington and get load of milk On the road Mccarthy took the wheel and was driving when at Up- sons corner the car was ditched, either because of the drivers lack of knowledge of the car or be- cause the wheels became caught in the car tracks. All were thrown out and H. other members of the party were scratched They were headed for . place just below Meriden, the Red Swan Inn I believe it is, and it was a pure case of joy ride" the prosecu- tor said.
 He then advised the court that al thought this is McCarthy's first offense Martin has been in court twice before for violation of the motor vehicle law and has been fined twice.
 Cases like this bring condemnation on automobiles to the detriment of in- nocent auto owners and chauffeurs and a severe penalty has been proscribed,' the prosecutor said. ''I have no sym pathy for a man who will take his en- ployer's car without permission" Prosecutor klett then explained that the penalty prescribed for a first of fender under this complaint is a fine of not more than $100, a jail sentence of not more than ten days, or both. In subsequent convictions, under which Martins case cOmes the penalty may be a fine of not more than $500 or not 1 more than six months in jail or both On August 4, 1914, Martin was fined $50 and costs for reckless driving and on January IS of the present year he was fined $5 and costs.
 Martin ought to go to jail,'' said the prosecutor q have told his counsel so. It has been shown that fines have no effect. How long, it is for the court to say. Had he been brought in under another charge the penalty, would have been very severe. I am sorry that the state has to ask for a jail sentence, but it is my duty to ask it.''
 Would Not Jump Bond.
 Speaking for Martin, Lawyer Man l gan said that Martins case differed 1 from that of McCarthys only in that | he had been arrested twice before. He | then explained the nature of the other two offenses, declaring that neither of 1 them was very serious. He said that 1 after the accident of last Saturday i morning the young men were scared | but they "came back to arrange to | pay for the damage they had done. | They came back to see McMahOn to | pay him and they both Will.' Lawyer l. Mangan said he had seen evidence that | McMahon was not aggrieved at Mar tin and did not want to have him sent away" MT. Mangan said. Last night Martin was given $50 in his hand and a promise of a home for | wear to skip town. But he would not do it because he thought too much of 1 his bondsman, whom he does not even know. and refused. l think it is safe