New Britain herald., 1923-04-12


 If he was under the Influence of liquor. Dr. Faulkner gave him an examination about 20 minutes after he was brought to headquarters. The physician reported to Sergeant Rival in charge of tho desk that while the
 man had been drinking he was at the lime of the examination apparently iit to operate an automobile.
 Sergeant McAvay and Officers O'Mara and Flynn stated that on the night in question their attention was attracted to the auto in the alleyway because of the operators inability to turn it around. It appeared there was something wrong with the driver. They did not know at the time who occupied the machine. On investiga- ton they found MT. Olescavicz at the wheel, his two companions being in the rear seat. As he appeared in- toxicatcd they asked him to get out of the car. He compiled with the re- quest. They reported he was very unsteady on his feet and presented every appearance of being under the influence of liquor. They denied they searched the. car for liquor as they had no reason to believe it was trans- porting intoxicants. As MT. Olesca- vicz was apparently in no condition to operate q motor vehicle. Sergeant McAvay. the officers explained, told him he could not drive the car MT. Olescavicz returned to the wheel and declared that he was sober and was going to drive. They then told him he was under arrest and would have to accompany them to the police sta- ton. According to officers O'Mara and Flynn, MT. Olescavicz refused to get out of the car, claiming he would drive to the station. Officer O'Mara grasped him by the coat collar and forced him out of the machine. The two officers claim that Mir. Olesca- vicz then punched Officer O'Mara and called him 8 vile name. As he was about to strike another blow, Officer O'Mara retaliated by striking him twice in the face. Mir. Olescavicz then agreed to enter the patrol and was taken to headquarters, Officer He'll berg, who was in charge of the wagon. being told the prisoner was charged with operating motor vehi- cle while under the influence of liquor. Sergeant McAvay was in the car during the scuffle, according to testimony, and did not see the blows struck
 Sergeant Rival told your committee that when Mir. Olescavicz was brought to the desk in Headquarters to be booked he did not appear intoxicated and when he asked for an examina- ton by a physician Dr. Faulkner was called. Sergeants Rival and McAvay agreed that the man should be al- lowed to go under the circumstances after the physician had given an opin- ion that Mr. Olescavicz was in a fit condition to drive an auto although he had apparently been drinking.
 All the police officers concerned claimed that it was their opinion that the excitement attending the scuffle and the shock of the arrest had sob- cred the prisoner considerably before the arrival of the. physician. They were positive. however, that he was not in condition to drive a car when they arrested him.
 On further questioning Mir. Olesca- vicz said he got very nervous when his car was stopped. He admitted striking Officer oMara and calling him a vile name but he felt pretty positive that the first blow was struck by the policeman. Both Officer o'Mara and Officer Flynn were cer- tain that O'Mara used his fists only in self defense.
 Mr. Olescavicz told your committee that he did not know he was obliged to get out of his auto or orders of a policeman even though he had been placed under arrest. Should he be by similar condition again he said he would comply with the order.
 Your committee feels that in plac- ing MT. OlescavicZ under arrest the officers acted in the public in- terests, all appearances indicating that the mans condition was such that it would be dangerous to permit him to operate g. motor ve- hicle. Testimony further showed there was no unnecessary roughness in the handling of the accused and that Officer O'Mara acted in self de-