New Britain herald., 1926-10-20
RAPS POLICE HEAD
 FROM COURT BENCH
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Judge Nickerson by MT. Woods who asked that the chief show the tele- gram received at 11:22 this forenoon from Austin J. Roche, chief of de- tectives in Buffalo. stating that Mrs. Earbuska denied having been, in New Britain and because of her de- nial, it was impossible 10 hold her or act against Bordinaro. Mir. Woods was before the bench before Attorney McDonough stepped up, but Judge Nickerson would not al- low the prosecuting attorney to speak to him until the attorney was within hearing.
 Don't Let It Happen Again"
 Addressing himself to Chief Hart Judge Nickerson told him he should have been in court this morning. T will take into consideration any ex- cuse you may make, chief" the judge said. The chief replied that he believed it would be proper to absent himself in view of the fact that Bordinaro was produced by Officer Feeney. The judge remind ed him that he was the respondent in the writ and should have pre- sented himself. Don't let it happen again." he concluded.
 After Bordinaro's release by Judge Nickerson, Chief Hart took Attorney McDonough to task for taking the tabeas corpus proceedings. me chief said 1t is customary to hold prisoners pending investigation and he expected the Buffalo police would notify his department sooner than they did. Last night he sent tele- gram to them and on receiving no reply he again wired this morning Their reply settled the case and Bordinaro would be released tomor- row, he said.
 Chief and Lawyer Agree
 Attorney McDonough informed the chief that he felt he was acting within his rights in taking action in the superior court.
 You should use your head" the chief said.
 "Well, your men had no right to beat up Bordinaro," the attorney re- piled.
 Well. what if we dld?" the chier retorted.
 "Never mind about that, but you won't do it again to client of mine and get away with it" Attorney Nc Donough replied.
 When Bordinaro was produced in superior court at 4 p. m. yesterday, Judge Nickerson ordered NIT. Woods to have his return to the writ sworn to by Chief Hart. Without the chiefs oath. the return was im- proper, the judge said. This morn- ing. Attorney McDonough replied to MT. Woods return.
 MT Woods dcmurrcd to the reply setting up the contention that the mittimus on which Bordinaro was held was in effect and the writ Of habeas corpus could not take prece- dence over it. It was this demurrer that the court overruled.
 Accuses Police of Assault
 Bordinaro, after his release, made q statement in which he accused the police of assauIlng him. Ser EtGlL MEluf H'lEfl -tlI4A bs Nt'N throat, he said, and Officer Feoncy punched him In the side. Sergeant McCue also kicked him in the shins and he showed the marks to At torney McDonough, asking him to take action against the officers.
 In police court Monday morning Attorney McDonough asked that the bond be reduced but Judge Aliing would not do so. Yesterday morn ing the attorney repeated his re- quest and it was again denied, Judge filling saying that if the informa- ton in possession of the police is true, a term in states prison may be awaiting Bordinaro. He continued the case until Thursday morning but the action Of Judge Nickerson ends the case and if mention is made of it In police court tomorrow, 1t will be in the nature of nolle.
 No Signs Of Assault.
 Rordina~o, according 10 Dh. A. J. savard. who examined the prisoner