New Britain herald., 1926-11-26
ALLING fULFILLS
 HIS JAIL THREAT.
Restaurant Owner Gets 15 Days and Fine of st@

 w. AlIing said in police court to- day as he imposed fine of $150 and costs and a Jail sentence of Is days in the case of Frank Braz- inkas, aged 34. of 30 Hartford ave- nue. Brazinkas was charged with Keeping restaurant at 32 Hartford avenue, where 1t is reputed liquor is sold, and keeping liquor with intent to sell and selling 1t. He was ar- rested last Saturday evening by Of fcers John c. StadIer and Daniel Cosgrove, following a raid on his tenement which Is on the floor above the restaurant.
 He was represented by Attorney B. J. Monkiewicz and gave notice of an appeal to superior court
 Onlcer John c. Stadler testified that he and Officer Cosgrove went to the restaurant about 6:S0 last Saturday evening and saw Joseph Norman, aged 14, go into Brazinkas' tenement over the restaurant. When he came out and entered the restau- rant Onlcer Stadler seized him.
 The boy threw a bottle against the kitchen stove and broke it. Of flcer Cosgrove recovered a small amount of alleged alcohol that was in the bottle.
 On searching the tenement, Off cer Stadler found two bottles of al- legged liquor in the pantry, still" in a clothes closet, and a fiye-gal- Ion can of alcohol in another clothes closet
 Mrs. Brazinkas told the officer she had only three rooms but Officer Stadler knew of fourth room and it was in the clothes closet Of this room that he found the can, he tes- tified. The officer testified that Brazinkas admitted having sold the drinks for 25c each.
 According to the officer liquor is sold in the restaurant.
 The Mormon boy runs between the restaurant and the tenement and brings the liquor from the tenement when customers are in the restaur- ant. The boy goes to school and works for Brazinkas after school hours.
 The place has been under ob- servation for the past few weeks since a Harvard street resident re- ported 1t.
 %n al 1Cn nfGorNrAd place on one occasion prior to this report. A week ago Saturday he and Officer Cosgrove were watching but they could be seen because the rear yard light was burning.
 Officer Cosgrove corroborated Off, ficer Stadler, Mormon. the alleged runner, testified: that he has been employed as a waiter in the restaur- ant for two months and two weeks.
 He was paid s5 week at first and was later raised to s7. Mrs. Brazinkas sent him upstairs to the tenement to get bottle of liquor so she could put little in her coffee, as she was not feeling well. Just as he returned to enter the restaur- ant Officer Stadler grabbed him and he dropped the bottle.
 The officer banged his head and raised a lump. He did not throw the bottle, he said. He has never seen liquor sold in the restaurant but he has brought it to the woman for use in her coffee about 10 times and each time 1t was a very small quantity.
 Detective Sergeant Ellinger testi- fled that he received complaint on NovemberH7 from Harvard street man and previous to that date man who has restaurant across the street made q complaint. The Har- yard street man said he had been assaulted by man in the restaudant and showed discolored eye, accord ing to the sergeant.
 Brazinkas testified that he had been asleep just before the police arrived last Saturday evening. He offered no objection to the raid. He said he has not sold whiskey in the tenement or the restaurant but he has some on hand for his own use as medicine. His wifes also takes a drink.
 He denied admitting to the police that he charged 25 cents a drink. The police asked him if he had sold liquor at this price and he simply laughed but made no admission or comment, he said. He has never used the 'still," he said. He bought this gallon can of alcohol from a cabbage dealer about q month ago for $1 gallon.
 Mrs. BraZinkas testified that she works in her husbands restaurant and on the night of the raid she was tired and not feeling we'll so shet sent the Norman boy upstairs for some liquor to put in her coffee. Her husband did not make the admission quote dby Officer Stadler, she said.
 She denied that the liquor law is violated in her home or in the restaurant. About six years ago when Sne ana neF nuSDanQ moved rom Waterbury to New Britain they brought the still" with them. A woman in Waterbury was going to throw it out so they took 1t but they have never used it.
 Officer Stadler, recalled to the stand testified that Mrs. Brazinkas asked him not to take the "still" as it would Hook terrible" in court. In reply to Attorney Monkiewicz, the officer said he was not joking with her at that time.
 Attorney Monkiewicz called to the stand an employe in the restaurant for the purpose of having him eX- plain the circumstances of the al legged assault which resulted in the complaint to the police but Prose- cutting Attorney Woods objected and Judge filling ruled that it is a col lateral issue and the employe did not testify