New Britain herald., 1926-06-08
Hayes Noisy, Brophy Says

Patrolman Michael Brophy said Hayes was noisy and abusive about the police station. He did not re- member being asked by Rival to smell the breath of the accused po- liceman and did not do so. The off, cer said he was detailed by the ser geant to take the car of the arrested man to the municipal garage in the Tear of police headquarters, He found there was no emergency brake and no horn.
 An incident that had not been previously brought out was spoken of by Brophy who said Hayes was | asked, after preferment of the last two charges, if he did not also wish to charge the man with murder. Commissioner Bannan was asked if there was anything in the tone of Sergeant Rival when he put this question which might have caused resentment.
 No, I don't think so, although some might" was the reply.
 Mrs. Aloysius Freysinger testified she and her family were in Hayes car throughout the afternoon and he left her house about half an hour before the incident at police head quarters. During that time he had nothing to drink. she testified.
 She said she had known the po- liceman since he was & boy and knew him to be cf a very nervous temperament.
 McDonough and Woods Clash
 When Prosecutor Woods testified and was ross-examined by Attor- ney McDonough several fiery ex- changes of words followed which caused Chairman PajewsN to bang his gavel frequently.
 Woods told of Hayes insistence that charges be placed and of his refusal to go into the captains of- fee or leave the station. When Hayes began to shout at the witness he felt it discreet to close the incl dent without further words, the prosecutor told the commissioners.
 McDoncugh asked Woods if he claims he has any authority over the police. Woods said he has in the matter of ordering arrests, talk ing information and prosecuting cases.
 Then you claim you have au- thority over the police?" McDon- ough asked.
 "The power vested in the prose- cutor is supreme" replied Woods.
 Proffering copy of the charter McDonough said: Here's the char ter, show me where that authority is given"
 You read the charter yourself" ," Woods suggested.
 McDonough asked If Hayes had been refused the right 10 prefer charges and the reply vas that dis cretion had been used by the ser gaant and prosecutor.
 Aloysius Freysinger corroborated the testimony of his wife. He also came to headquarters about an hour after the altercatipn. He declared Hayes had not a single drink.
 Attorney Harry Ginsburg, who was in the police station during a part of the row, said Hayes looked very excited, but he was not suf- ficientIy close to the young officer to smell his breath. He felt Hayes had been treated as any other offi- cer might have been and did not regard Rivals words as harsh.
 Inspect Hayes Writing
 Before Hayes took the witness stand his report to the chief, to- gother with several other copies of his handwriting, were passed around for comparison. The statement writ ton on the night of his argument with Rival and Woods resembled only slightly his other writings.
 The accused policeman produced broken pencil which he said, he used to make his report, The lead vas broken and he wrote holding the point in place with his thumb and forefnger, he said in explanation of the appearance of the report.
 Officer Hayes said he was detailed to take the car to the garage after the arrest and when he cranked the machine ho found there was no emergency and later discovered the horn was missing. He returned to headquarters to place those charges.
 Prosecutor Woods at once bang ed his fist on the desk, Hayes said, and shouted: T object
 "I insist; it's my privilege and l insist" Hayes admitted replying.
 He testified Woods branded him fresh fellow and threatened 10 have him before the police board. Tho witness admitted personalities were exchanged between Woods and