New Britain herald., 1924-01-04
QUESTIONS LAWN
 FREQUENT|NG CASE Lawyer for Ten Men Arrested in
 Raid Ready for Battle JUDGE ASKS FOR BRIEFS
First Test of Statue Passed in 1911 To Be Made in New Britain Court -Ogonowski Fined $500, Jail Sen- tence Suspended.
Prosecutor Joseph c. Woods, I

Prosecutor Joseph G. Woods, rep resenting the state, and Attorney Michael Sexton. representing 10 men arraigned in police court this morn ing on charges of having entered a place where it is reputed lduor was sold, were ordered by Judge B. w. filling to file lriefs in the case with him within week and decision was reserved until January 1s. Stanley ogonowski, proprietor of the store in which the men were found . at the corner of Grove and Lafayette streets, was fined s100 and costs on reputa- ton charge and s20o and costs on a charge of keeping liquor with in tent to sell and given 30 day sus- pended jail sentence. Judge filling stated that the next man brought in from this store who is found guilty of violating the liquor law will be sent to jail.
 Arrested Under Old Statute
 The 10 frequenters were arrested under Section 2Si3 of the general statue of the state Of Connecticut which reads in part: Any minor or any person to whom the sale of liquor is forbidden who shall enter place where it is reputed that liquor is sold, shall be fined not more than s5o." Attorney Michael Sexton stated that this law was passed in 1911 and was meant for minors and persons who had been posted by the select men. He said that it doesn't seem that a law passed before the advent of the Volstead act can include the arrested men. He further stated that it is no crime under the state or fed eral laws to purchase liquor.
 Judge filling remarked that he did not think the law in question was meant to protect the minors or tho men posted as much as it was in- tended to protect the dealers in liquor at that time from being imposed upon. He said that as he remember cd the time when the bill was enacted he thought it was established to pro- tect saloonkeepers, who m 10 few years ago were doing q legitimate business by keeping away from their establishment. minors and others to whom the sale of liquor was forbid den.
 I'irst Test in Connecticut
 According to Judge Alling the aues- ton as 10 whether or. not this section is applicable in this case or in sim liar cases has never before been rais- cd in Connecticut. He said that it Is one of utmost importance and stated l. t.a. ....it |. followed in court. He said that he did not want 10 pass on it hurriedly and suggested that both the prosecut- or and the council for the accused men file briefs with him within a week.
 Tho men who arc charged with being frequenters are Belante Kulis, Peter Olescayicz, Adam Pawelczyk, Charles Kordek, Domonick Sclnon- zik. Adam Rambis and Stanislaw Rci- 
 some Have Court Records
 Ogonowski and tho 10 men were heard separately. In the latter cases Patrick O'Mara testified that he went to the store on Decem- Der 29 and upon arriving saw a num- ter of men in the place. He said that with other officers he proceeded to i find liquor and the concealed tank in 1 he place and after the liquor had | been found. placed the 10 men under irrest as being frequenters He said | hat others who were present were 1 lot there after the liquor was found ! ind therefore were not arrested. Of f hose brought in, he said. some have ,een convicted in the New Britain .ourt for violating the liquor law and ,thers have been seen fin the place on previous occasions in a drunken con Iition. Officer Thomas Feeney cor 'oborated the statements of Police nan O'Mara.
 Chief Takes Part in Raid
 Chief William c. Hart stated that 10 figured in the raid and went to
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