New Britain herald., 1923-09-27
Judge Aling Says Evi- dence Is Lacking to Bind Them Over on First Degree Warrant
Pierkowski, Also Involved, Fails to Appear in Court -Cerulick, Lipitz and Zawalick Are Witnesses for State.

Stating that he could not find
 any evidence of first or second
 degree murder but that there
 was evidence of assault and
 manslaughter in the cases of
 Joseph Migatz, Edward Potash
 and Stanley Budnik, arraigned
 before him on a charge of first
 degree murder as the result of
 the death of Frank Davidowicz
 at the New Britain General hos
 pital last Sunday afternoon,
 Judge B. w. filling in police
 court this morning found prob
 able cause and bound them over
 to the December term of the su- perior court under bonds of $3,- 900 each. Similar charges against Edmund Lipitz, Tony Cerulick and Austin Zawalick were nolled by Prosecutor Joseph c. Woods at the opening of court. Attorney William Man gan appeared for Migatz, Noble B. Pierce of Bristol for Budnik and Saul P. Waskowitz for Potash. Attorney Harry Milk owitz was in court to represent Charles Pierkowski, the seventh member of the group whose father stated that he believed he would have him in court to- day. The whereabouts of the young man, who is 19 years old, are unknown but it is believed he will surrender himself, waive examination when brought into court and be bound over. Prose cutor Joseph c. Woods present. ed the states case.
 Mrs. Daudowcz and Children
 The court room was filled to capac- ity with friends and relatives of the accused men and meekly in the first row of chairs sat Mrs Davidowicz and three of the four small children of the family. The children cuddled about their mother not knowing what all the excitement was about. The widow wept bitterly as the warrant, charging first degree murder against three of the young men, was read by Clerk Emil J. Danberg. She ieft the court room in the middle of the session.
 Previous to the reading of the re- sised warrant against Potash, Bud- nix, Migatz and Pierkowski. Prose- ,utor Woods nolled the cases of Ceru- ick, Pilitz and Zawalick who had urned states evidence. The amend d warrant charged the above four mentioned men with murder in the irst degree to which Migatz, Budnick md Potash. through their counsel. pleaded not guilty
 According to the warrant the men were arraigned for the killing of Frank Davidowicz who died at the Jew Britain General hospital Sunday Lfternoon, September 23. at 3:45 iclock as the result of being at- acked by these men at an early hour n the morning of the same day out idle of the restaurant of Mrs Stella )oble at 11S Orange street, Davido- vicz was 35 years of age and lived sith his family at 72 Booth street. fedical Examiner Waterman Lyon ave the cause of death as a frac- ure of the skull.
 With the exception of Potash the oung men did not appear nervous hen in court today. Potash. and lore so as the hearing continued, lung closely to the chair in which his ttoriiey was seated.
 Photographer on Witness stand.
 L. c. Rose. Main street photog- ipher. was the first witness called to le stand. He was asked to identify ,ur pictures which he had taken bout the vicinity of the alleged lime. These photos were marked 5 four exhibits and introduced as sidence by the state.
 'figatz Wanted Butter With Bread.
 Steve Misiorski of 265 High street. ho conducts a taxi business in this ty, was the first principal witness 1T the state to be called to the. stand, 2 described in detail the events hich occurred at the restaurant the ght of the alleged killing. The itness testified that he had been to ristol earlier in the evening and turning to New Britain wanted