New Britain herald., 1921-11-30
JUDGE WOLFE
RESERVES DECISION
CONTINUED From First Page)

Greenberg yesterday in regard to not
keeping a journal OF his business, Mr..
Berry said that he knows many pro-
fessional and businessmen who do not,
yet they manage TO pay their income
taxes and transact other business
from their bank books and state
ments
The lawyer for the defense, said
that in regard 10 Greenberg accepting
his office criminal intent must be
shown. In regard to his not having
studied the statute relative TO the
duties OF the liquor prosecutor, Mr..
Berry said this was due TO the ignor-
ance OF Greenberg
Talks About Liquor.
Lawyer Berry said in regard to the
liquor which is alleged to have figured
in the transaction. that nothing had
been shown in testimony that Green
berg knew anything about II other
than what Nariola had told him In his
office. Berry said that Variolas visit
TO Greenberg's office was a purely
legal business one, in which he sought
the counsel of a lawyer in trying to
get back $500 which be believed was
taken from him wrongfully by Deni-
son.
Berry Asks Questions.
Lawyer Berry said that Denison
haa told the whole story to the state
police early this year.
Il want to know here and now,
why was not Variola arrested in this
case?" Lawyer Berry asked.
He said that he could not under
stand this part of the whole affair,
when such serious charges had been
brought before young lawyer. Sew
eral times Lawyer Berry referred to
why Variola had not been arrested
on some charge which was made
known. In regard to Greenberg max
ing any statement that he would have
to prosecute both men for a criminal
action, Lawyer Berry said that Deni-
son could not be forced to testify in
view that it might incririnate, and
there is no use of arguing about that,
Lawyer Berry said.
Vnriola Again.
Now in regard to this Nariola, let
us see who he Is. He Is a man who
| has been convicted of carrying wear-
ons on his person, a rum runner,$yet
it Is his word against man like Mr.
Greenberg," said Lawyer Berry,
| The defense counsel argued that in
view of the fact that the liquor prose
cutor was entitled to $50 for every
case brought for violation of the liq-
uor law, that it would be foolish for
him to accept SIS as bride.
Don't Compare.
Don't compare a man like Green
berg, even if he does not know all the
law, to a man like Variola" Berry
| said.
Continuing Lawyer Berry sHid that
he is not upholding Greenberg for
accepting a case where the question OF
liquor was involved, while performing
the duty of liquor prosecutor. He
| (Greenberg) now realizes it was baC
ethics" Berry added. Defense conn
sci again attacked the evidence as in
sufficient to prove criminal intent
Good Memory.
Going back to Variola, Lawyer Der
ry said it was astonishing how II
| happened his memory was so excel
lent regarding some matters, yet sud
denly it seemed at times to become
hay Berry said that Varlola could
remember distinctly that he paid
Greenberg, yet when asked other
questions pertaining to the transaction
he forgot or said he did.
As 1t Seems to Berry.
The state it seems to me has 4
| stronger case against Narioa than 1t
| has against Greenberg," said Berry
| The lawyer said that no evidence
showed that Greenberg knew the
| whole story of Richardson, Nariola
and Denison. Greenberg knew Eari~
ola as merchant but not as rum
runner, and believed he vas acting
as counsel when the latter sought adj
vice, in regard TO the return of the
| $500. There has never been, the law
yer added, any testim ony presented
to show that Greenbere was in any
way connected with the run running
| gang the counsel added.
IF there had been any evidence
| that Greenberg was connected with
rum runners, the state police would
! have found it out, so carefully did
! they comb New Britain" said Berry
Berry Speaks About Nariola.
Lawyer Berry said that Nariola de-
| liberately lied when he denied that he
told Spitzel that he intended to tel
Greenberg that the liquor had beer
| stolen the second time. It was Mr.
| Berry's contention that Narola had
concocted this story in order to force
! Denison in returning his money.
Speaks About penison.
Denson, in the opinion Of the de