New Britain herald., 1918-08-08
HIGGINSES FINED
 ON ASSAULT COUNT
Three Of Accused Crowd Get OB
 Without Penalty

The adjourned cases of Tony Warnowski John Resonskas, Joseph Jacobs and John J. Higgins and son. Harry, charged with assaulting each other in the rumpus on Common- wealth avenue, last Saturday, was fully aired in police court befora Judge John H. Kirkham. this morn- ing John J. Higgins was fined $25 and costs and his son was fined $5. Jacobs was discharged and Assistant Prosecuting Attorney Joseph c. Woods nolled the cases against the two others. Higgins made a savage attack and being the more mature man should have the heavier penalty, remarked Judge Kirkham in passing on the case. Attorney P. F. Me- Donough was counsel for the Poles and Attorney H. P. Roche repre- sented the Higginses. In brief tha story of the fracas is that Jacobs was moving from Comm onwealth avenue and the eXpressman drove his wagon onto Higgins lawn. Higgins ' remonstrated, choked Jacobs and Higgins son, mixed into the trouble. Kill the Polacks' was the battle cry,
 Mrs. Sarah Brainard testified sha saw the truckman drive onto Higgins lawn and Higgins remonstrated and ordered the truckman not to drive up to the house You Polack, I'll show you" and he grabbed Jacobs by the throat. Harry Higgins then went to his fathers assistance and held Jacobs while the elder Higgins punched Jacobs. Tn response to ques- tons by Attorney Roche Mrs. Brain- ard said that Higgins came off his Neranda and went at Jacobs, who was so surprised he did not know what to do. She said she did not want to be dragged into the troubls To MT. McDonough the witness said that Higgins jumped at Jacobs like a mad man.
 Corroborative testimony was given by Mrs. Josie Mack. She heard the Higgins war cry and denied that she saw Harry Higgins hit anyone
 Attorney McDonough, through other witnesses, made it clear that the Higginses and Jacobs were the only ones involved in the fight and after several other witnesses were heard Prosecutor Woods entered nolles against Warnowslli and Reson- skas and announced his case was % finished. Attorney McDonough moved for the di- 1arged of his client and it was ordered by Judge Kirkham.
 John J. Higgins went on the stand. He admitted he grabbed Jacobs by the throat, but said he did not do 60 until Jacobs began pushing him. He said he then went to the house Later he saw his son being at- tackled by Jacobs and the other men, If the witnesses told the truth they would tell it as he did" said Higgins. He said that 8 stone was thrown and he also saw Jacobs with stone in his hand.
 Harry Higgins said that he pulled his father away from the men. Jacobs and the other men were ut tering vile language. Harry Higgins appeared on the stand with his head bandaged. Asked how much of cut he had he said a doctor stitched him Up. Although he did not want to he was required to remove the bandage and his wounds were shown. One cut had a stitch in it.
 Mrs Serritt was a witness for the defense She said she saw Harry Higgins struck with a rock She heard foul language and said that the Higginses were attacked first.
 Policeman Walter Malona was called in rebuttal and said that Mrs. Serritt told him that the Higginses began the trouble. In reply to ques- tions by Attorney Roche he denied that he laid out story for Mrs. Serritt to tell and did not try to in fucnce her to change her story. Att torney Roche thought it strange that Mrs. Serritt, who was called for tho state, was not put on by the prose- cution. It was brought out that she was one of Higgins's tenants
 Dominic Zocoli changed his plea of, not guilty to guilty of the charge Of, violation of the park regulations by speeding through the park on & m motorCycle. He was fined S1n