New Britain herald., 1921-08-02
LIQUOR CASE AGAIN
 DRAWS HEAVY FINE
WallaCk Fined S200 in Police
 Court This Morning

iquor is spirituous when intoxicat- lng under all circumstances, also as what constitutes the reputation of place of business, in which intima- ions of bad faith between the at ,orney for the defense, a former prosecutor, and the police depart nent, resulting in the prosecuting at torney requesting the attorney for the defense to take the witness stand were a few of the complicated fea- lures of the state versus Anthony Wallack, of 117 Hartford avenue, in police court this morning.
 Wallack, whose place was raided on July 23, was charged with two counts, one of keeping intoxicating liquor with intent to sell and the other with maintaining a place rep uted to be a place where intoxicat- ing liquor was sold. He was repre- sented by former liquor Prosecutor Michael A. Sexton. Attorney Joseph G. Woods was acting prosecuting at torney and Deputy Judge B. w. filling presided over the court.
 Bottle Hid in Wall.
 According to testimony offered by the police department, Policemen Parker, McAvay, Mccarthy and Ser geant Hart raided the establishment maintained by Wallack on the night Of July 23. Patrolman Parker dis covered bottle of liquor which the police alleged was gin. The bottle was concealed in a hole in the wall Of the stairway leading from the saloon to the cellar. Attorney Sex ton, when entering a plea of not guilty for his client, said the con- tents of the bottle, offered as evil dence, smelled to him like winter green. Parker testified that he saw men coming out of the Wallack saloon drunk. That he saw men lettering about the place drunk and that this had been going on there for months. He also said that 25 minutes after the place was raided on the night of July 23, Wallack admitted being the proprietor of the establishment. He also said he saw someone spill something in a sink back of the bar, which he was sat- isfed was whiskey.
 Sergeant Hart testified that he could give specific names of people who had gone into Wallack's place and had gotten drunk. The court did not require him to mention the names. Other policemen testified along the same lines.
 It was at this point, following con- siderable cross examination wherein the defense seemed to be trying to break down the contention of the prosecution that the bottle of liquid offered as evidence, really did con tain intoxicating liquor, that Attorney Woods suddenly sprung a sensation by asking Attorney Sexton to take the stand. That the attorney for the de- fense was surprised by the request was shown by his bewi1dered look and surprised query, For what?" Concerning this bottle, of gir, SC called,'' replied the prosecuting at- l torney.
 Alcohol Vs. Spirits.
 MT. Sexton made statement to the court to the effect that Sergeant Har1 1 had telephoned him asking him il there would be any question concern ing the allegation that the bottle l contained alcohol He replied at tha' time, and repeated his assertion ir l court, that there would be no ques | ton raised concerning the bottle con. l taining alcohol q" assumed tha1 l that there was some such converse l tion," commented the court. MT. Sex. l tons defense seemed to be based or the question as to whether an al. l cohclic drink was necessarily 2 l spirituous drink at the same time, evi- dently dwelling on some minor tech. | nica1 point of law. Judge filling in. 1 timated that he was playing or words and that he appeared to b. 1 taking advantage of his understand ing with the police department. Be 1 cause Of this understanding nt analysis had been made of the con tents of the bottle. + "Mecca for Bums.'
 Witness Jose .,h Kelley, for thu
 defense, was attacked by the prose
 cution in which charges were mad
 by the police that Kelley, who testi
 fled that he had tried to get drinl
 in Wallack's place and failed wa
 himself carried out and assisted hom
 pretty we'll drunk
 Wallack's place was characterize,
 by Attorney Woods as 'the wors
 dump in New Britain" Attorney Sex ton admitted that the neighborhoo was "a mecca for bums.'
 Judge filling declared Wa1lack gull ty on both charges. On the charg
 of keeping liquor with intent to sel
 Wallack was fined s200. On the repu
 tation charge he was given 30 day
 in jail Jail sentence was suspend
 ed.
 Annoyed Woman.
 Joseph Tammanitis, was charge
 by Mrs. Nellie Shupas, of PAS l.
 Park street, with calling her name
 and otherwise annoying her. He CT X tered plea of not guilty, but was de } clared guilty by the court and fine $10.
 Dick Scavillo, charged with stoI
 ping his car on the left side of tn
 street, admitted his guilt and WE
 fined $2.
 Manuel Andre, a Portuguese ne
 gro, charged with living with Mar ! 1co n =