New Britain herald., 1927-12-01

manded that Attorney McDonough cease intimidating the witness. He can't intimidate me-" MT. Gardiner cut in. No, indeed. I cannot inti- midate you" MT. Gardner Attor- ney McDonough retorted.
 Admits Misstatcment
 Now, MT. Gardiner, when VOL said you paid s1.5O for a pint and drink little while ago, you made a misstatement, did you not? Think 1 now. You're under oath, you know the attorney said, and the witness. after considering the ques- ton a minute. replied that he had made misstatement, and the decla- ration in the affidavit 10 the United States district attorney that he paid s1.2o was correct. Were prone to err" he said, explaining his mis- statement
 Judge issues Warning
 MT. Gardiner appeared desirous of dlsmlssing the incident and sat back to prepare himself for further in terrogation, but Judge Mangan in terrupted proceedings and address, ing himself to the witness, said: Hereafter you must make sure that you are replying correctly to a ques- ton, before you answer. You are un- der oath and to be under oath is a serious matter: You be more careful of your answers and if you do not know a certain thing do not say you do and then try to change your re- ply. With that warning, you may proceed"
 Asked by Attorney McDonough whether or not he had ever seen Mrs. Concetta Maietta, Mr. Gardiner. after looking at he as she stood on request of the attorney. hesitated and said: That is, Your Honor, if you want me to make an identif- cation."
 Answer the question:" Judge Mangan told him, and the witness said he could not recall having seen Mrs. Maietta prior to today He de- this morning.
 Not Drinking Man Asked by Attorney McDonough whether or not he was a. drinking man, MT. Gardiner replied No sir" Asked what he did with the drink he bought on Oct. 7, he re- piled that he threw it on the floor and took the pint to the district at torney's office. How do you liver" was the next question. but ,Ir, Greenstein objected and Judge Man. gan sustained the objection. He may have a, legacy" MT. Greenstein said. and MT. Gardiner laughed. Asked by Mr. McDonough whether or not he received compensation for going around to stores," MT. Gar diner replied negatively. He used his own money to buy the alleged liquor, he said. Have you d fam ily?" the attorney continued. Yes" was the reply. Do you support them?" he was asked, and again he replied affirmativcly
 Are you an agent of the police ?" Attorney McDonough queried.
 No, l am not" MT. Gardiner re- piled.
 Not Federal Agent
 Are you an agent of the federal authoriies?" he was asked.
 Well, l haven't said l was" he replied. and Judge Mangan ordered him to answer yes or mo-" No" was the reply,
 Did you buy the drink or the bottle first?" Judge Mangan asked him as Attorney McDonough ended the cross examination, and after the witness made a two minute eNplana- ton, saying he used the expression shot for a. drink, Judge Mangan remarked that he still had not had his question answered, and Mr. Gar diner replied that he bought the bot- He and rendered the s2 bill, after which he asked for "a shot" and while the woman who waited on him left to make the change, he spilled the shot" on the floor. She gave him fifty cents and then gave him quarter. remarking that she had made a slight error in changing the bill
 Questions Veracity.
 Attorney McDonough then asked Mir. Gardiner again whether or lOt he was drinking man and the wit ness replied negatively. The attor- ney wanted to know if it was true that the witness had been discharg- ed from the Carpenters Union be- cause of drink, but Judge Mangan said he did not believe the question should be admitted. T claim if, your honor" the attorney said. "To show he does not always tell the truth" Judge Mangau said the question might be proper if it could be shown that the witness had been discharged from the union for drinking recently.
 Officer Edward B. Kiely testified that he saw the 13 years old school- boy go from Maiettas store to the opposite side of the street and carry something in burlap bag. He also has seen men of drinking habits in and about the store. The store is well stocked with groceries and other merchandise, the officer said. Attorney McDonough asked him to name the men he has seen in and about the place, which he did. in cluding Welsh, Bowen, Mahoney, Peterson and McDermott.' Sergeant O'Mara gave similar testimoy with out mentioning names and MT. Greenstein closed the states case.
 One Is Discharged.
 Judge Manean said he must dis- charge Grace Pinclla because there was no evidence connecting her with any charge. There was also no evi- dence against the Maiettas in sup port of the charge that they had sold liquor or kept it for sale or eN- change on Nov. 20, therefore ther- was nothing remaining except the