New Britain herald., 1926-12-23
HOLIDAY TEMPERS
 COURTS SENTENCE
Jail Sentence Suspended in
 Drunken Driving Case

Found guilty of operating an au- tomobile while under the influence of liquor, Russell E. Winneger aged a9, of Plainville, was fined S1o0 ana costs and given a suspended jail sentence of five days by Judge w. F. Mangan in police court thls morning. Attorney Charles F. Con- lin of Plainville represented him. suspending the jail sentence Judge Mangan said the custom of the local court in imposing the penalty Of s1OO and five days in jail is good one, in his opinion.
 However, the circumstances in this case are extenuating, he found. Winneger was driving slowly and his record is good. This is the Christmas season and Winnegcr has . wife and children. For these reasons, Judge Mangan said, he felt suspension of the execution of the jail sentence justified. Bonds for an appeal were fixed at $500.
 Officer William P. Hayes arrest ed Winneger on East Main street last Thursday, late in the afternoon. The following day Winneger's request for q continuance was granted but he dld not appear due to misunderstand- ing and his bond was forfeited. This morning the forfeiture was erased on recommendation of Prosecuting AL torney Woods.
 Officer Delbert Veley testified that on December 16 about 4:30 p. m., he saw a car turning the corner Of Main and East Main streets and khe drivers appearance indicated that he was unfit to drive. The of- hcer followed in another car and when he overlook the first car IL was parked and empty. about at Hartford avenue on East Main street. He told Officer W. P. Hayes his sus- p,c,on as to the drivers condition and returned to his traffic post.
 He was positive Winneger was at tho wheel and he noticed him lurch in tho seat as the car turned into East Main street from Main street. He has known Winneger about 10 years, he said.
 Officer Hayes testified that after Officer veley reported the matter to him he saw Winneger come out Of restaurant on East Main street and 10 back Tn. Then he came out and entered the car and started 10 drive away. The officer was posi- tive Winnegsr was under influence of liquor.
 He staggered and there was a strong odor of alcohol apparent. he said. He admitted having had at least three or four drinks in Plain vile. He told Officer Hayes he was trying to help "my friend skin- rer." Winneger drove the car about five yards from the curb.
 Lieutenant Samuel Bamforth tes- titied that Winneger was decidedly under the influence of liquor.' Off, fcer Stadler gave similar testimony.
 Winneger testified he and Geo1ge Skinner of Plainville were in a restaurant on East Main street.
 He denied he was at the drivers wheel when the corner of Main ard East Main streets was rounded. He vas under influence of liquor and he realized 1t. Skinner owns the car, which was just purchased, and Win neger intended to start it and have 1t running when Skinner came out of the restaurant. Skinner was per- fectly sober, Winneger testified The car had not moved five yards from the curb, as Officer Hayes testi- lied, Winneger said.
 Skinner testified that Officer Veley was mistaken when he testified Win neger was driving the car at East Main and Main streets. He was positive he was driving, as he had taken Winneger for a ride to ob- serve the running of the new car. Winneger happened to finish his lunch sooner than Skinner and that Is why he stepped out of the restau- rant and entered the car before Skinner came out.
 Attorney Conlin said it Is not his purpose to quarrel with Officers Veley and Hayes, both of whom he believes are honest.
 Officer Veley must have been mis- taken when he said Winneger was driving at Main and East Main streets, the attorney said. Nobody sbhors drunken drivers more than he, and he never defends them eX- cept on the plea of guilty. In this case the accused man is innocent. Granted that he drove the car dis tance of five yards, along the curb the court should not be so technical as to convict man on the serious charge preferred, on that evidence, he argued. Winneger has been driving for ten years and has never been involved in difficulty with the law, the attorney said. At least he Is entitled to the benefit of the doubt that exists, Attorney Conlin said.