New Britain herald., 1923-09-27
MURDER CHARGE
 IS NOT UPHELD
,continusa from First Page,

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 something to eat so he stopped at the
 Orange street lunehFaom,
 Dasidewiez was in the place when
 he arrived, MislaFski said, as was his
 cousin. the proprietor and a siFl he,
 hind the counter. He said that he
 sat al the first table near the front
 door when a number Of young men entered, Migaiz was in the lead. he asserted, Potash was second and the others followed, MisioFski said that
 Migatz began 10 raise row because
 he did not receive any butler with
 his bread al the lime he ordered beef stew, Al about this same time. the witness said, Pierkewski began walk ing about the place. helping himself i0 beer and taking q flower from a vase which was on the counter,
 Potash Wanted ta Hit Dasidowiex.
 Davidowiez objected to the action Of the hoys, the witness said. and said "Boys. don't make an argument, you should he ashamed Of yourself for making troui,e in this woman's restaurant" Misiorsid said that Pot ash who was standing up at this time, attempted to take something rom his back pocket and hit Davido- wicz with it. Ryniec interfered. the witness said. and prevented Potash from striking DayidowicE. Potash started to take of his coat and said. "I'll nx you mp If you come" Misi- orski said.
 1he young man started to leave and as navidowicz went to the door Mrs. poble approached him and said Frank. you wait until they are all gone." Mlsiorski testified.
 Saw Mlgah Hit Davidowicx
 According to the witness Migatz was the last one to leave the restaur- ant and waited just outside the screen | door until Davidowicz put in an ap- pearance. Migatz struck him, the wit ness said, and at the same time Po- tash and Budnik leaped on him. They started fight, he said. and before long they were out in the middle of the road where Dawidowicz was knocked down.
 "I ran over to Frank and saw him bleding from the mouth, ears and nose. His clothes were badly torn and he could not speak He was taken in- to the restaurant where he merely ut tered groans when placed on chair but did not talk" Misiorski said.
 No Chance to Defend Himself
 On cross examination by Attorney Misiorski said that Migatz slapped Davidowicz in the face as soon as he came out of the door. He said that the murdered man did not have a chance to raise his hands in self defense. He also asserted that did not fall or stumble )ver stone but fell out in the middle of the road when knocked down. At .orney Mangan asked: Had Migatz been drinking?" to which Misiorski aid Yes"
 CerllliciS Blames A1igatz for Trouble
 Anthony Cerulick, who turned itate's witness, was next called to the tand. He admitted that he was in he restaurant with the other boys lnd that the whole trouble started when Migatz refused to pay for his ood and Davidowicz interfered.
 Potash became angry when Davido- vicz asked Migatz why he didn't pay or his food, Cerulick said, and rising o his feet said: Let me hit him. Ie was stopped from hitting him by 3udnili who grabbed hold of his arm, ,erulik said. Mrs. Doble interfered t this time and said that if they did lot stop their fighting she would call he police. ,
 Cerulick said that he then went utside and was followed. by the thers with Migatz at the end of the recession. Migatz waited outside of he screen door, the witness asserted, nd when Davidowicz came out he | truck him. Potash, Pierkowski and sudnik jumped on the murdered | nan and all started to swing at him, 'erulick said. The witness said that . le saw Pierkowski hanging on Da- i idowicz's neck because he recognized , i'm by the flower he had put in the uttonhole of his coat. He said that , e did not see the remainder of the ght as he ran away.
 Potash Said "I Clipped Him." .
 Later" he said, II met Potash eho said to me. I clipped him. liter that, the witnesses said, Potash hrew something over the fence at he corner of Broad and Booth streets ut he did not know what it was Ie said that Zawaick told him he