New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1923-02-21
Threat TO Sell IS
NOT PROOF OF GUILT
Owner Of Restaurant Told Chiel
He Intended 10 "Get The Money"

Declaring that the mere fact that
man had asserted that he was going
out 10 sell liquor ana that liauoF was
subsequently found in his place OF
business, is not sufficient 10 hold him
tor violation Of the liquor law IN keep
ing booze with intent 10 sell, Judge
n, W, Alling In police court this
morning discharged John Makula,
proprietor of what the police call a
'foodless restaurant" az CSC Main
street,
Makua was fined $500 and costs
last Thursday morning for infraction
OF the dry law. After court he said
TO Chief ". e. Hart. in reply 10 a
suggestion that he so out OF bust
ness
"oh H., I'm going TO get all
the money | can"
Police Break IN window
Sunday morning. Patrolmcn W. s.
Strolls. J. c. stadler and w. T.. Hayes
went TO the restaurant about Sis
o'clock. They found the door locked.
When they shook the door. Makula
came and looked through the window
OF the door and then ran back with
out opening the restaurant, they testi-
fed. After making an Intellectual at
tempt TO break through. Patrolman
Stadler smashed the window with his
black jack. He reached through to
turn the key. but found that II had
fallen to the floor. After several
minutes, Makula admitted the three
policemen.
Patrolman Strolls ran 10 the rear
OF the room. He found the sink still
wet with n liquid having strong
alcoholic odor. The one quart mason
Jars were standing on the sinkboard
and two quart jar was found near
by with quantity of alleged moon
shine liquor in it. The sink was
with towel and its contents
put into a bottle which was turned
over to Chemist NJ. w. Davenport. !
Two cases of beer were also taken.
The chemist presented report to- |
day showing the alleged whiskey to |
contain 22.2 per cent alcohol by |
weight and 1858 per cent alcohol by
The beer was IL and 2.1l
per cent alcohol by weight and VOL
lime respectively.
McDonoughs Argument Prevails
After the states case had beer
'ested, Lawyer p. +. McDonough
moved for a discharge. He asserted
hat Makula's statement was not suf-
icient to incriminate him, since il
was quite possible that he had ex-
perienced change of heart. He asked
II Prosecuting Attorney w. NJ. Green
stein would ask for the conviction of
/ man who. in the heat of anger, had
threatened to commit a murder, had
t been found afterward that a man
lad been murdered by an unknown
ssailant. Tho defense counsel argued
hat it was no crime to keep liquor,
he only offense being keeping it with
intent to sell. He claimed this had
Tot been proved.
Boarding House Keeper Fined
Mrs. Anastasia Desole who con-
lucts boarding house at Iii Lafay-
tie street, was fined $50 for manu-
acturing liquor and $50 and costs for
,eeping liquor with intent to sell. A
of alleged moonshine whis-
,ey two stills" and 100 gallons of |
nash were taken in raid at her
enement last night, by Patrolmen {
'tadler Strolls and A. c. Walenczius.
Prosecutor J. G.. Woods presented the
tate's case.
The police sent Tony Monka, one of !
Ter boarders, into the place with
marked bill and he came out with
,ottle of liquor that he said he pur- I
hased. The marked bill was found
n the possession of his boarding mis-
ress.
Judge Alling asked Tony what had
him to tell the police OF