New Britain herald., 1926-10-05
ALIBI PLEA FAILS
 10 IMPRESS COURT
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with this fact he claimed the tires were on the car when he bought it in Waterbury four months previous,
 When Sergeant O'Mara warned him that this claim was without foundation because the tires were on Bordonero's car until Sept. 2, Morrone changed his story and said he bought the accessories from a man whose name he did not know for s25. Sergeant O'Mara did not believe NIorrone and arrested him for theft
 Bordonero testified that he left his car on East Main street about S:S0 D. m. September ', while he was in 8 lawyers office on business relative to a real estate transfer, and about 1O:30 he returned and the car was missing.
 He identified the battery, the horn and the tires in court. Attorney McDonough objected to permitting Bordonero to quote the values of the accessories saying the witness is not qualified to estimate values in court. Prosecuting Attorney Woods changed the form of question and had the witness tell the prices he paid.
 When the states case was rested, Attorney McDonough said the charge had not been proven. The burden of proof is on the state. The law does not require the defense to prove that Morrone came by the accessories in a lawful manner. he said. The defense does not admit anything.
 Whoever took the articles off the car should be punished but under the law Morrone has not been prov en guilty, he said.
 MT. Woods asked that probable cause be found and Morrone bound over to the superior court on the charge of having in his possession stolen goods which in the eyes Of the law makes him thief. He did not tell the truth to Sergeant O'Nara and had he come into pos session of the articles within the law he need not have feared the law or anyone else, he said
 Attorney McDonough replied that the police court has jurisdiction and it is not necessary to pass the buck" to the higher court The prosecuting attorney does not dare to have the local court take juris- diction he said. AS Attorney Mo Doneugh was quoting supreme court iudgments Judge filling interrupted and asked him what he was talking on. "The motion for discharge, the attorney replied.
 Well we are considering bind over" the judge said.
 "The prosecutor asked that Nor rome be bound over but Your Honor must find the accused guilty first" MT. McDorough said.
 Well, I tell you right now, that If I find him guilty I will bind him over because the punishment that should be given for this offense is beyond the power of this court, ' Judge Alling said, and he denied the molten for discharge.
 NIorrone Offers Alibl
 Attorney McDonough put Nor rone on the witness stand and asked him to recite his activities Of the day and night of Sept. 7. Morronc said he worked all day and in the evening he and some friends at- tended a theater. Leaving the theater he and a friend stood in front of his roon1ing place In the Sweeney Building or Main street. He was not on East Main street be- tween S:3o and II p. m, he said.
 Some days later as he was driving his car on Washington street, Hart ford he had tire trouble and was working on the side of the street when two men came along and of fered him the tires, battery. horn and some coils for $50. but he had only $24 and some charge. They went away and came back with the articles and he bought them. He did not know them and has never seen them since
 Asked by Attorney McDonough whether or not he has ever beer convicted in a court he replied mega lively. Asked if he had ever beer arrested and arraigned in court he said he had been but was dis. charged.
 Cross examined by Mir. Woods Morrone was asked If ha had beer arrested in Waterbury and Attorney McDonough objected at once on the ground that the question is. unfair Judge filling admitted the question because the defense counsel opened the way for it on direct examination