New Britain herald., 1926-11-15
COP HIDES IN CELL,
 HEARS CONSPIRACY
Feeney 'Listens In" on Plot to
 Fool Judge

51 Franklin street, and Tony Di Polo, aged 22 years, of the Hotel Bronson and 213 Elm street were charged with theft of s4S from Bennie Dunctz of 36 Silver street be- fore Judge B. w. filling in police court today. Feeney testified that he made an investigation of the com plaint that s1S0 had been stolen. After the arrests he had Officer McCabe put the young men in a cell.
 He concealed himself in the ad- joining cell and listened to their conversation. They agreed to say they had stolen alcohol from Dunetz to obtain the money Officer Feeney traced. They said they could 'get away with it. if they stuck to the story. according to Officer Feeney.
 Prosecuting Attorney J. J. Woods asked that both young men be bound over to the superior court as there was sfficient evidence, even though 1t is circumstantial he said
 Attorney Thomas F. McDonough, representing Di Polo asked for a discharge on the ground that no connection had been established be- tween his client and the alleged stolen money. The motion was de- nied and Attorney McDonough put Di Polo on the witness stand. Di Polo denied he had ever been in Dunetz's home. He did not know anything of the alleged theft, he said. He was with Avella last Sun day in hired automobile.
 In reply to Judge Mangan Di him in a cell to tell the story Oni- cer Feeney related on the stand The police told him Avella had con fessed and they advised him to tell the truth, he said. All he said then was well, if he came through, you know it all" He felt positive that Avella did not steal the money be- cause he was with him from 2:30 tc lip. m. last Sunday.
 AvelIa had some money and was lt lllo SlIl lIlSllu " els with them at the parade in Hart ford Questioned by Judge Alline Di Polo finally admitted that Off cer Feeney's ears had not failed him in the cell room. In the detec- tive bureau Officer Feeney ques, toned him and wrote down the answers in his own words. Then he wanted Di Polo to sign the state ment but he refused.
 Judge Mangan and Attorney Mo
 onald claimed discharges for
 cir clients. Judge Mangan said
 < and Mrs. Dunetz perjured
 aknselves and their story couldn', 7 believed
 tPaosecuting Attorney Woods said bi fsolo was "the slickest periurel yer to come before this court The lir fairly reeks with perjury" Avclla boarded at the Dunet2 home. Judge filling said, and dis .appeared about the time s1S0 was missing. Di Polo was involved to a greater extent than he wanted tc admit. He found probable cause and bound both youths over to the December term of superior court in S15O bonds each.
 Couple Arrested for Assault
 Mir. and Mrs. Dimitry MiasnicB of North street, corner of Lawlor street, pleaGad not guilty to charges of breach of the peace and assaulting each ether. Sergeant O'Mara testified that he and Off. cer Veley arrested the couple or Lawlor street about II a. m. yes terday, on complaint.
 The couple showed signs of a scuffle and each accused the other of starting the fight. The woman was out on the street with a baby in her arms when the police ar rived. The man was in the house He showed signs of having been drinking but was not drunk, accord ting to Officer Veley.
 Miasnick testified that his wife started the trouble on his arrival from New Haven where he is em- ployed.
 Mrs. Miasnick testified that her husband was drunk Saturday night and Sunday morning he demanded Q. dollar for more drink but she re- fused to give it to him. He went out of the house and returned drunk and proceeded to assault her she said. She defended herself and more than held up her end, il Seemed from the testimony.
 SYo said he has threatened tc moot her several times. She works a few days a week to support the family and he occasionally sends money to her from New Haven.
 Judge filling remarked that Mrs