New Britain herald., 1927-12-08

similar testimony and a man who ] lives at 205 Broad street testified 1 that he owned the bottle of liquor and had put it in the pile of boxes l because he did not want his children,
 who are IS and 10 years of age, to 1 see liquor at home.
 He bought pint of alcohol Sat urday from Hartford man who was driving a truck on Broad street. This man accosted him about noon 1 and asked him if he wanted to buy some alcohol. He paid the stranger
 s2 for the pint after he sampled | the alcohol mixed with water. After | he drank some of 1t he hid the bot tie in the pile of boxes and the next morning he was greatly surprised at | his inability to locate it. Then he 1 learned that the police had taken it.. | Sergeant O'Mara. recalled 10 the witness stand, testified that several days prior to Saturday he was in 1 Fedorczyk's store and he saw bot tie in the pile Of boxes. Not having q search warrant, he did not take the bottle at that time although he relt he might have been within his rights as an officer had he taken it, still he did not want to run any risk Of overstepping his authority. Relative 10 the need for firewooI. the sergeant said he and Sergeant Flynn stayed in the store fully an hour while Fedorczyk's friends went out for bondsman, and nobody put wood on the fire. The men in the store were playing cards with their coats hanging up and it was not cold about the stove.
 Prosecuting Attorney Woods claimed a conviction. There was no defense worthy of being classed as such, he said.
 Attorney Milkowitz is in here this morning with d client but with no case. I ask that Fcdorczyk De punished heavily for coming in here and taking up the courts time" he said. "Y our Honor ca. not place any crcdence in the test, mony of this man who claimed he owned the liquor What liberty 10 take with the business of a man with whom he was not even ac- quainted! He had never put a bot tie in the pile of boxes before, ac- Cording to his own admission.
 Tt is one of the fimsiest stories ever told in this court" he said.
 Attorney Milkowitz called the attention of the court 10 the circum- stances which created reasonable doubt. He felt that case had been made out for the defense and a dis charge should be ordered.
 Judge Roche said the story of the purchase of the alcohol was so i'm probable th&t the entire testimony of that witness must be disregarded while the testimony of Sergeant O'Mara relative to having seen the bottle among the boxes several days prior to Saturday added strength 10 the states case.
 Fined $50
 Ninccnzo Di Mauro, aged 32, Of $29 Church street. was fined S15o and costs and sentenced to jail for 3U days, execution of the jail sen tence suspended on recommendation of Prosecuting Attorney J. G. Woods who said that the police obtained evidence of a sale of liquor at Iii Mauro's store at 329 Church street but found no liquor on the premises About q year ago Di Mauro was ar rested for having wine in his posses sion, MT. Woods said. but had never before been arrested for selling liquor.
 Judge Roche warned Di Mauro that ii he is convicted again he will be punished by having the suspen- sion of the jail sentence revoked in addition to another penalty. Attor-