New Britain herald., 1918-03-20

n1ngs and a third person came into the bath. They tossed up coins, the odd man to pay for the three baths. The th1rd party was stuck. In re- Sponse to a question he said that he had not examined the locker to see If 1t was pried open Later Jen- nlngs came to him and asked for the 50 cents due because the third man had not taken a bath. When Attor- ney Greenberg did not get a conn., plete answer from the witness through the interpreter he appealed to the judge with the result that the interpreter, son of MT. RabinoWicz the wltness was admonished by the Judge. The counsel for Jennings brought out the fact that the pro- pr1etor usually opens the doors to lockers, but sometimes the master key is given to patrons.
 George Kopelowitz, rubber at the baths, said that he saw Jennings in the place and Jennings suggested to him to go downstairs and earn a dol lar. To MT McDonough the witness answered that there were a number of persons about the place. Mrs. RabinOWicz said that when Yankowlcz came into the baths four others entered about the same time During the giving of testimony by the witness Yankowicz attempted to speak and Judge Kirkham warned him that he would be elected from the court room if he persisted.
 sergt. Hart C1inches Case.
 Convincing testimony was given by Sergeant Hart, who found Gavin and Jennings at the hotel. While wait ing for Jennings to open the door he heard the rustling of paper in the room. No objection to search of the room was made by Jennings When the $35 was found Jennings did not seem to know how much money he had. Later he thought he had about $55 or $60. The witness said he told the accused that the case looked bad for them. They denied knowing anything about the theft After the money was found Jennings said: Between you and me, and this man, if I had a little time l would go out and borrow $200. This is 8 bad predicament to be in'' At torney McDOnough brought out the fact that YankoWicz said several times that he would be willing to give $50 to get his money back On redirect examination the witness said he saw slight marks on the locker door.
 Corroborative testimony was given by Patrolman Patrick Hov1ey.
 Henry J. Monsees, clerk at the Be loin, testified that he saw the accused engage the room they had and saw the clerk give them change from a bill.
 Jennings went on the stand in his 1npn 1In rntJ Gavin were just about to go when YankoWicz entered the place. He confirmed the statement about col lecting the thirty cents due becau!o his friend did not take bath. The witness accounted for his actions throughout the evening. When Se"~ geant Hart asked him why he did rGt make a clean breast of it he replied: How can I when I don't know any thing about it?" The sergeant told him to make a clean breast of it and get off lightly. Regarding the state ments in reference to the $2OO he claimed he said that it was a terri be predicament to be in and that it would be worth s2oo not to go to court. He did not offer, he claimed. to pay that amount of money.
 Occupation of Accused
 q am a bartender and take care of my uncle's financial affairs and write his letters,' said Jennings to Assistant Prosecutor Woods when questioned about his employment. The witness said that on last Satur- day morning he had about $72. hay ing borrowed $75 from his uncle the day before. Questioned in regard to the $200 he said that he didn't want the disgrace of coming to court. "Why shold I? I'm here, bst I am innocent" said Jennings. Attorney McDonough briefly questioned the witness.
 James w. Gavin, father of one of the accused said that on February 24, he gave his son $55.87 and showed 8 receipt for the money.
 Gavin went on the stand and said the $33.95 found on him was his own money. At the time his father gave him the $55 he had $26 of his own. What line of business are you in ?" asked MT. Woods. The witness said that for the last four months he has been waiting for the draft. The prosecutor questioned him in detail regarding his living expenses. The accused thought they amount to Q sum between s6 and s1O weekly. The prosecutor was asking another question when Attorney McDonough interrupted him saying:
 That's 9 fool question:"
 I'm asking it." said the prosecu- l tor
 MT. McDonough objected and the objection was sustained.
 ! After the evidence was all in and 1 the counsel in the case had argued on the testimony Judge Eirkham said that he was inclined to the belief l that Jennings took the money and he suggested that the prosecutor en- | ter a nolle in the case of Gavin The