New Britain herald., 1926-08-11

sington, who was arrested late yes terday afternoon following an in- vestigation into an accident on South street Monday evening, in which Joseph Cola, aged 2 years, was in- jured, was continued until Saturday morning. Attorney David L. Dunn represented him and entered a plea of not guilty to the charge of speed ing.
 Assistant Prosecuting Attorney W. M. Greenstein said that the ex- tent of the injuries of the boy has not been determined. but there Is the possibility that the charge may be changed to one Of a more ser ious nature, depending on the boys condition.
 Lawlor Found Guilty -
 Thomas Lawlor aged 50, of S5 Black Rock avenue, was found guilty on the charge of driving an automobile while under the influ- ence of liquor and was fined s100 and costs and sentenced to 30 days in jail. Lawlor appealed to super for court in $500 bonds. He was re- presented by Attorney David L. Dunn and pleaded not guilty.
 Although State Policeman Miller, who made the arrest about 12.30 last Sunday morning on Plainville Road, said Lawlor told him he was at the wheel when his car struck another car driven by Herman Wells, of 245 Arch street and Miss Helen Anderson of 210 Wooster street said Lawlor was sitting be- hind the wheel when she alighted from the Wells car, testimony was given by George Burns of this city and James Watts of the Endee House, Bristol, that Burns was driv- ing. and Lawlor insisted that he had not driven the car since 9.30 Saturday night.
 Lawlor said he asked Burns to drive the car to Bristol, Watts hay ing missed the last train from New Britain. Lawlor admitted ownership of bottle of alleged liquor which was in the car.
 Officer David Doty testified that he was at the corner of Main and East Main streets about 12.15 when Lawlor's car driven by Burns came down Main street. Cross examined by Assistant Prosecuting Attorney Greenstein, the officer said he had no way of knowing who was driv ing when the collision occurred.
 Lawlor said he was dazed by the collision and when he alighted he heard that the occupants of the other car had gone to the hospital. He then said he would assume fi- nancial responsibility for their in juries If his car was at fault, as he carries insurance. He did not tell Officer Miller he was driving all though Officer Miller quoted him to this effect. He did not realize he was under arrest until he was locked up in Plainville.
 Burns said he did not tell Officer Miller he was driving because he could not think of everything at once. He saw Lawlor being taken towards Plainville, yet he did not go forward with the claim that he was driving. He claimed the other car ran into Lawlor's car, but un- der cross examination he would not state positively that the other car was on the wrong side of the road. | Wells, the driver of the other car, was injured about the head. He was not called as witness, al though he was in court with his head bandaged.
 Miss Anderson said Lawlor was intoxicated. Officer Marine of Plain vile and State Officer Miller testi- fled he was intoxicated and Lawlor himself admitted having had "a | few drinks"
 1 Burns yaid he did not know there was a bottle in the car. He was sober having had nothing to drink | that night, he said Watts testified i that Burns was sober.
 Attorney Dunn claimed a dis 1 charge on the ground that the state failed to prove. the charge. Lawlor was passenger in his own car and Burns was driving. accord Ing to reliable testimony. The style of car involved might very likely confuse Miss Anderson in her at | tempt to say who was at the wheel,
 Lawlor, sitting in the rear seat have appeared to be sitting at the wheel. when as a matter of fact, he was not, the attorney said.
 Judge Hungerford said he did not believe Burns, Watts and Law. Tor in their claim that Burns was at the wheel. He believed Lawlor was driving while intoxicated de- spite the claims of the defense. He set bonds for appeal at 5000 but lowered them to $500 after court
 The continued case of James R. Murphy of Elmwood. charged with driving an automobile while under the influence of liquor, was again continued until next Wednesday on request of Judge w. F. Mangan his counsel.
 Felix Blitz, who was in court Monday morning on the charge oi driving without a license, showed his license this morning and was discharged.