New Britain herald., 1923-12-13
Expresses Opinion State ment Of Potash Was Made Freely And Law yers For Other Clients Raise No Objections
Budnick and Migatz Go on Stand in Own Defense ~tksier State Witnesses Tell
 BrawI.

At this mornings session of super.
 for court, Attorney Saul P. Wasko-
 witz, counsel for Edward Potash one
 of the four New Britin men charged
 with manslaughter by causing the
 death of Frank Davidowicz objected
 to any statement or confession made
 in the presence of Detective Sergeant William P. MeCue and other officers, | Sunday, Sept. 23. being admitted as
 evidence. He claimed that the con- | fessions were not made voluntarily
 and were obtained by means of trick cry.
 The objection was made while Ser | geant McCue was on the witness stand. Judge Haines asked: Did Potash know that you were his coun- sel?" to which Waskowitz replied:
 He did not know it at the time as l was engaged by his cousin" Wask- owitz claimed that the statements were not made voluntarily and were forced from Potash. He also claimed that his client was under arrest at the time he made the statements but Sergeant McCue denies this as he later, himself, placed him under arr rest.
 At this point, Sergeant Michael Flynn was called to the stand and said that Potash surrendered at po- lice headquarters and was detained until interviewed He could not state whether Potash was put in cell, as Waskowitz claimed.
 Judge Haines declared short re- cess and upon returning asked Ser- geant McCue whether force had been used. The sergeant replied in the negative.
 Statements Admitted
 Judge lIaines then remarked that it did not appear that Potash was un- der arrest and the statements were made voluntarily. He overruled the objection to their admission.
 Sergeant Mcrue, in his testimony, said that he with Sergeant Flynn, Of- flcer 0'Mara and Stadler started an investigation following the assault. Witness and O'Mara went into a store at II Orange street where they got Migatz, who's aid. "f'm going to tell.'' Acting on information secured from Migatz. tho rounded up Budnick and Tony Cerulick and later Potash sur rendered. Miratz told McCue what he had done while they were in the detective bureau with Sergeant Flynn taking the notes.
 Statements of Accused Men
 Sergeant Mccue said that Potash told him he had become engaged in an argument with Dayldowicz in the restaurant and that while he was outside the restaurant he struck Dac- idoHicz. Prosecutor Gideon then in- troduced Exhibit l. the signed state ment Of Potash as evidence. It was admitted. The statement was read. In brief 1t is as follows.
 Tt got into an argument with in the restaurant. Ed- mund Liputz took me out. wanted to fight. Frank swung at someone and ! hit him. ! did not go in the road
 The signed statement of Stanley was then introductcd with no objection by his lawyer. Noble F. Pierce.
 It reads in part as follows.
 T went outside with Lipitz Potash md Fierkowski hit Frank and | hit him. This was on the sidewalk. someone yelled Cop and We all ran. told Serg, ant McAvsy that l was iot there bur I knew I was lying"
 This statement Of Migatz was intro luced without objection or the part ,f William r. Mangan, his lawyer.
 Outside Of the restaurant. Dav- doWicz hit me and I made couple # swings at him but ! did not hit jim. Budnick hit him and pasidoWicz vent into the road. Others made wings al him"
 Edmund Lipitz Ras the first witness alled this morning. He testified that le had been drinking before he went O the restaurant He saw the crowd shtinE in the street and then he aw someone lying to the road.
 Saw Thr- Attack DatidoAicz
 The next witness was Anthony iicewfcz of Iii Orange street. He estifei that he lives in the house djoinihg the restaurant where the rawi took place. He heard noise nd saw some people in front Of the estaurant. At that time a short man -ith blue suit was fighting with 'avidoWicz. They did not fight long 'heu two others started fn after iavidowicz and the latter fen 10 the round. Three men stopped down nd witness said he shouted 10 them , leave him alone"
 Zigfnund Shumshi testifed that. ith Eipitz. he picked up uaxfdowicz ld took him into the restaurant. He as unable to get a physician SO he the police. He said David- Eicz was iying iH the road with his ct toward the curb.
 Mrs. Stella Cunningham of Orange rect also testified that she saw the 0dy in the road
 Sergeant Flynn. called 10 the pft- ass stand. said hs was present when 2 the statements were made hy the reused men. They were made free