New Britain herald., 1927-11-16
AL|bI CLAIMED
 IN BAbULA CASE
Brothers Say He Was in Bed
 When Police Chased Auto

Remarking that the defense alibi appeared almost complete but be- lieving that additional time for con- sideration of all the angles in the case should be taken, Judge M. D. Saxe in police court today continued the case Of Stanley Babula of 23S Broad street, charged with reckless driving until Friday morning. If the state can obtain further evidence. Judge Saxe said he would hear il at that time.
 Babula, according to Sergeant T. J. Feeney, drove an automobile registered In his brothers name, through Booth street. Broad, Clark, North, Silver, Orange, Myrtle and other streets about 5 o'clock in the morning of November 10 at reck- less rate of speed and the sergeant, driving a police car at the rate of 54 miles an hour on Broad street could not overtake him. Questioned by Judge SaNe as to his reason for chasing the car, the sergeant replied that he had sufficient reason and had observed Babula driving about the city early in the morning, glv- ing rise to suspicious Although II is reported that the sergeant sus- pected Babua of carrying liquor, the testimony did not include mention of this phase of the case.
 Police Car Nearly Wrecked
 Officer Eugene Kieffer testified IH1-p m yN at the corner Of Booth and Orange streets during the chase. He was watching the pursued car and did not notice the speed Of the police car, but he was certain that it was pretty fast" At one time the police car almost turned over because of it's speed, the officer said. Cross-eX- amined by Judge w. r. Mangan, representing Babula, Officer kieffer admitted that he had talked to ! Babula the night after the chase and had asked Babula for his li- censc. but he did not arrest him. ! The officer said he was not close enough 10 the speeding car 10 ob- serve the identity Of the driver but , he understood Stanley Babula was 10 be arrested. He had no warrant for him the night after the chase and for that reason he did not arrest him.
 Ia bula denied having driven the car the morning in question. He was in bed at o'clock, he said. His brother. Andrew. testified that Stan ] ley slept with him and he was sure he was in bed at , o'clock, while an her brother, Walter. who sleeps in the same room, testified that when he arose at 6. 30 a, m, Stanley was asleep. He said Stanley had retired at II D. m. the night before. The boys, mother testified that Stanley was asleep at a. m.
 Slips Past Police Auto
 Sergeant Fccncy, under cross ex- animation by Judge Mangan. said Rabula was not speeding until the sergeant attempted to stop him by blocking his path on North street between Clark and sexton streets. Babula. according 10 the sergeant swerved to the lcf'. drove onto the curbstone and continued on his way From that time until the sergeant lost track Of the car on Myrtle street, the driver was speeding, The sergeant was positive Babula was driving. because he saw him enter his car at his home al the corner of Booth and Broad streets. There
 i,, h., n the house. the sergeant said, and he was certain Stanley came out of the house and entered the car, The ser geant turned off the lights on the police car and followed, apparently unknown 10 the driver.
 Name Changed on Warrant
 Judge Mangan claimed a dis. charge on the ground that 1t was ; case Of mistaken identity. He point. cd out that when tn" warrant wa issued Stanlcy's name was on th' outside Of it and his brothcr's nam' was on the inside Officer Kicffer who took part in tn" mad chase, was talking 10 stanley, yet he dif not arrest him. and now the war rant shows hat Stanlcy's brother name was stricken out and Stanley name substituted, The defense wit nesses testified that Stanley was II bed at q. m., Judge Mangan point cd out, so that it would have bcei impossible for him 10 have take' part in the rac" about the city an' gone out Myrtle street in in" dirvc ton of Plainvillr and rc'urnc' home and gone to bed by q, m. II view Of the facts before the court 7 Judge Mangan said Babula was en titled to discharge.