New Britain herald., 1922-03-30
.COSTELLA FINED FOR
 DRIVING RECKLESSLY
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were arrested Sunday night at ll:l5 o'clock on Main street, when they re- fused to move along when ordered 10 do so by Sergeant King. They were part Of group of eight persons. Kane had stopped and made grimacc al the group of girls that was standing nearby.
 When ordered to move, the group with the exception of smith and Kane moved along, 1t was testified. Policeman Joseph Kennedy was presen, when the scrgeants orders were disobeyed After the arrest Kane was handed over to the witness who brought him in. He told the court that the other six men moved on.
 Given Two Chances
 Policeman Delbert Ncley was about 20 feet behind Policeman Kennedy. He heard the sergeant give the young men two chances to move along.
 Judge ". r. Mangan moved for a discharge. He asserted that there were but two men standing on the street and they were in conversation. The law he said covered only three or more, idly loitering."
 The motion was granted,
 Autoist Charged
 John Costela, charged on March 9G with operating q motor vehicle rcck- 'essly on Stanley street, pleaded not guilty
 M. F. Vim testified that he was driving in a milk cart about 200 feet north Of the trolley terminal. Costel- las car was going northerly and Winn southerly. The automobile sideswiped the milk cart. breaking it and injur ing the occupants. The car continued along until it buckled up against a telegraph pole. Vim estimated the speed of the car at 40 miles an hour A smell of the mans breath convinced Vim that Costella was under the in- fuence of liquor.
 Boy on Stand
 Joseph Vitello, aged IS, was in the milk cart. He told the court that the wagon he was in was on the right hand side of the street when the colli- sion took place. The driver of the milk cart had called to the boys at- tention the approaching car just moment before the crash.
 Policeman Frank Parker made measurement after the accident. The auto was found up against a pole 175 feet from the point of contact. Evi- dence that a glass jug was found in the back seat of Costella's car was ex- cluded when Lawyer H. H. Milkowitz objected.
 Complaint Amended
 So that this and other evidence might be introduced, Prosecutor Woods had five minute recess call ed to amend the complaints. Costella was charged with operating a car While under the influence of liquor. He pleaded not guilty
 The jug alleged to have been found Tn the car was brought into court and as evidence against Costel- la.
 Policeman Parker said Costella been drinking. He was not staggering.
 Oscar Peterson was in a Ford car standing by the side of the road. The milk wagon came up and stopped be- hind the standing Ford to allow Cos tella's car t opass. The car came along at rapid rate of speed, he testified. | crashed into the wagon and continued on the left side of the street.
 Admitted Drinking
 Costella admitted to Policeman Peter Cabelus that he had been drink ing home made wine. The witness bo
 Policeman Gustav Hellberg, who assisted in the investigation, corro- borated the statements of the other witnesses.
 J. J. Donahue, arrived at the scene of the accident one mnute after the crash. Winn's wagon was about eight | inches from the curb, the witness said
 Jack Horwtz who was talking with me accused after the accident, said | he had not the appearance of being Trunk, Martin Horwitz corroborated.
 Accused Tcstifics
 Costella said he was in the city afternoon selling real estate. At 7:15 he was driving home A Ford car was standing at the scene of the accident. As he approached a milk 'art drove out from behind. An effort vas made to avoid the crash, but if vas too late. After the impact, the -ccused lost control of the car and if vent up again pole.
 Judge Klett in passing sentence. alled attention to the testimony of lessrs. Peterson and Donahue which indicated the accused had 2o feet of oadway at his disposal
 A line of S35 was fixed on the eckless driving count and judgment vas suspended of the liquor charge