New Britain herald., 1923-08-14
JUDGE DISAPPROVES
OF Police methods
Hungerlord Discharges Matzikuk,
Principal in Liquor Case

Attorney David l.. Nair, counsel for
the defense, scorned the methods OF
the New Britain police in securing
evidence against John Matzikuk of
Pennington avenue on Sunday morn
ing, when he was arraigned in po-
lice court this morning on a charge
OF assault and charge of violating
the liquor law. Judge William G..
Hungerford in Acquiring Matzikuk
said that he did not quite approve
Of the methods used by the police in
this case nor did he fully understand
the purpose of the assault charge pre-
ierred against the accused man.
Attorney Nair said that the police
Illegally seized the liquor in the
Matzikuk home and had no right to
enter the house without search war
rant. He further stated that the
police acted on the complaint of two
DRINKS and expressed the belief that
Matzikuk, who cannot speak very
good English, had been taken adj
vantage of by the police.
Detective Sergeant William r. Nc
Cue testified that after / o'clock Sun
day morning Felix Mallok came to
police headquarters to register a CON-
plant. Acting on the complaint Ser
gcants McCue, Flynn and Ellinger
With Policeman Patrick O'Mara went
to Matzikuk's house at IS Pennington
avenue with AIallok. Mrs. Matzikuk
responded to their knock on the door,
Sergeant McCue testified, and gave
them admittance to the home. When
IN, ko 1,@ hn 1n al hnr
that Mallok had purchased a bottle
OF whiskey at the house for $1.25 and
he asked permission to search al
though he did not have a warrant,
the sergeant said. t
While the officers were searching
Sergeant McCue went to the bedroom
and wakened Matzikuk. In the search
the policemen found a jug of liquor
in bedroom, a bottle of liquor In
the pantry and a barrel OF mash. The
husband then came out and objected
to the search without warrant, Ser
geant McCue said, and the police no
longer searched the place.
Felix Mallok when on the stand
testified that he had purchased bot
tie of whiskey from Matzikuk for
SIPS. He said that after he had pur-
chased the liquor he had been
knocked down. After cross examina-
ton by Attorney Nair, Mallok said |
he went to the Matzikuk home at 4
o'clock in the afternoon on Satur- |
day, remained there until o'clock, |
at police headquarters at
s o'clock and went with the police to
the house at O'Clock Sunday morn
ing. Alex Waleski of 55f Putnam
street testified that he did not go in
the house when Felix bought the
drink but he said he knew that Felix,
who is a friend of his, did not have
the liquor when he went in but did
have 1t when he came out.
Witness Contradicts Mallok
Paul Matouski who was in the
house at the time Felix was supposed
to have been there, said that Felix
did not purchase the liquor there. II
told the officers at the time that
they could not search the place with
out q warrant and I told them that
neither Matzikuk nor his wife could
speak English" Matouski said. JOIN
.ankars, who lives in the same house,
SSllItd llldI llN iou iiSfei o'Nh |
trunks go into the Matzikuk tene- 1
nent nor come out. h
Attorney Nair then asked for a dis {
,harge on the ground that the police
lad no right to enter the place and ,
earch it without warrant and on ,
he ground that itrhsd not been prov +
N that Mallok had purchased the
yhiskey from Matzikuk. He scored I
he method of seizure employed by
he police in this particular case.
was then acquitted by the
Judge, who also stated that he dis
pproved of the policemen's methods,
William Greenstein pre- Y
ented the states case.
Chimes Fined 500
,Alonozo S. Chimes was arraigned in
curt on charge of driving an
utomobie while under the influence
( liquor and drew fine of 800 and
osts from Judge Hungerford. Prose-
utor Joseph G. Woods presented the
.ate's case.
Sergeant George c. Ellinger testi- C.
ed that he and Policeman William
'oherty arrested the accused man on
road street last night after seeing
i'm drive down the street with only
1ree tires on the car and the rear .
oors open. Policeman Doherty said r
lat Chimes was driving the car on
lie wrong side of the street and was e.
toxicated. Desk Sergeant Matthias V;
ival testified that Chimes was drunk to
hen brought to police headquarters, it