New Britain herald., 1926-08-10
First Case of Its Kind Tried Here-Points of Law Argued.
 Law Argued in Lengthy Court Session.

After a lengthy hearing in police court this morning, featured by clashes on points of law and ques- tions of evidence, Justice Henry P. Roche, acting judge, found Edward N. Smith. proprietor of a beauty parlor at 276 Main street, guilty of violation of Section $, Chapter 216, Statutes of 1925. relative to licens- ing of hairdressers and cosmeticians and fined him $1o and costs.
 It was the first case of it's kind ever tried in local court and Attor- ney P. r. McDonough, defense coun- sel, fought every inch of the way. He contended that if Smith is guilty, the very goal that the statute aims towards is defeated by the law it. self. Smith is studying the craft with the honest purpose in view of becoming a qualified hairdresser and he has not violated the law. Notice of an appeal was given and s100 bond was posted.
 Finding Smith guilty under the law, Justice Roche said moderate fine would satisfy the ends of jus tice. Attorney McDonough said suspension of judgment would be adequate but Justice Roche refused to heed the suggestion. The law specifics a maximum fine of Sf00.
 During Attorney McDonough's ar gument, one of the members of the state commission of hairdressers and cosmeticians shook her head negatively.
 Turning towards her, the attorney said. smilingly: Don't shake your head at me. You're a good cosme- tician but you're not lawyer" After court, members of the state commission complimented Attorney McDonough on his fight and assured him there was no animosity in the prosecution.
 Assistant Prosecuting Attorney W. NJ. Greenstein presented the states case.
 Mrs. Mary P Holmes of Shelton, chairman of the state hairdressers and cosmeticians commission, testi- fled that a person without experi- ence as a hairdresser and cosmeti- elan can own beauty parlor pro vided a person duly licensed after three years experience operates the Smith has a license to own beauty "parlor but not to manage one.
 Attorney McDonough questioned Mrs. Holmes at length as to the re- quirements for qualifying as a hair dresser and cosmetician. He had drawing monosyllabic re- plies and felt obliged to request her to answer his questions.
 MT. Greenstein objected to the line of questioning and said Mrs. Holmes testified that Smith has not q proper license and has not even made. application for such license.
 The rules of the state commission are not material in view of the tes- -imony and the alleged offense. At torney McDonough is attempting to trump up a case" MT Gseenstein declared, and it is only wasted effort on his part As the defense lawyer proceeded to read the rules Mir said the state admits the rules. |
 "If you keep on admitting things, we won't have to put on any de- 'ense at all" Attorney McDonough l ;aid.
 Justice Roche upheld the objec- ions of Mir. Greenstein that Attor- icy McDonough's line of questioning vas not proper at t,.is time. The points. he was trying to bring out ! ,ould be properly handled later as part Of the defense, the justice 'uled.
 Sergeant Patrick J, O'Mara testi- led to serving the warrant on Smith md having conversation with him.
 Smith said, according to the ser i cant. that he owns the beauty par. or and pays the bills, but his sister manages it, he having no license to onduct it. He worked in the place lnder his sisters instruction. he said
 Sergeant o'Mara started to say
 (Continued on Page Three) l