New Britain herald., 1921-11-09
WITNESS ALIAR,
 M'DONOUCH SAYS
Defense Counsel Attacks Stool
 Pigeon in Court
LIQUOR CASES NOT PROVEN
Agent Ella is Dangerous, Lawyer Tells Court-PoliCc Warned That They Cannot Take Bottles Carried "On the Hip"

In the trial of liquor charges against Raphael and Anna NapoN- tano in police court today, Lawyer P. r., McDonough took occasion to caus- ucally criticize the practice of using stool pigeons" such as Saul Ella. the principal witness in the Napolitano case, whom he termed a liar and in whose use, he claimed, danger urged
 Judge B. w. filling discharged both the accused after a hearing of the evidence. Philip Bardcck, who was similarly charged on q liquor count, was also discharged.
 Policemen Implicated.
 Ella, the police agent" met Po- liceman Peter McEyoy on Main street, Friday, he testified. The po- liceman told him that he was sick and cold. and asked that he procure some whiskey. Ella then went to the Roma restaurant on Commercial street, two doors below the nolice stattion,and later emerged with a bot tie of whiskey. The policeman took the whiskey, later going to the res taurant with the vice squad. A mark ed dollar bill was found in the cash register. The police then seized about 30 gallons of wine, small quantity of whiskey and some ami sette.
 Did Not Sell Whiskey
 In reply to a series of questions di- rected at him Attorney McDonough. Ella admitted that Anna. who was in charge at the time, said she did not N-h Sl- T., It was for sick man. She consented to give him some, gratis, and he ac- ccpted. As he was about to go, he offered her dollar bill, but she re- fused. He then threw the bill on table and asked her to take it as tip.
 Ella said he is employed at the Vulcan Iron Works. He told the de- fense counsel that he was made to buy the whisHey by the appeal of the policeman's sickness
 He also told the court that on the day prior to the raid, Thursday. he | purchased bottle of liquor for S1.
 Used Marked Bill
 Policeman Thomas Feeney of the vice squad gave the marked dollar to Patrolman McEvoy to give to the agent. He identified the bill found In the cash register as the one he had marked
 Arguing that there was no evidence | of a sales but rather that the state nents of the witnesses indicated that | .here had been a ConSummation of a gift after Elias request for liuuor lad been compiled with, Attornsy Me OonOugh motioned for a discharge. He questioned whether there had ever been a case before the local court where the evidence was so clearly to the charge.
 Judge filling concurred in the opin- on that if 1t was necessary 10 make 'uch pleading and then throw money )n the table, it was evident that the stuff was not kept on hand with in ent to sell.
 After a five minute recess which vas requested by the prosecuting at orney, the state resumed it's case with Policeman w. r. McCue on the stand. He told of finding the stuff following information furnished by 1lia. He told the court that Anna admitted making the sale, explaining hat she wanted to use the money with which to purchase stockings.
 Claims Admission
 Policeman O'Nara and Feeney tcs- flied that the girl first disclaimcd
 Continued on Eleventh Page.)