New Britain herald., 1927-10-06

NoGjt diI olItF criticism that was
entirely unlusti6cd. 4 man named
Smith, who said he was Simone'
employer tolophonod TO say that he
would address a letter 20 the chief
requesting the latter's intercession
in the case. The chief said he told
Smith that inasmuch as Simons was
charged with ching second often
der, nobody could do anything for
him as the law requires a Jail SEN
tenCe.
Chief CritiCizcs LAWYER
"Attorney MCDonOugh should
know better than 10 try and Dull
anything like this the chief con-
tinued, his anger undated. 1T rifles
ME up and l resent it." Attorney
McDonough replied that II Chief
Hart had been in the court when
the statement was made he would
have appreciated that no criticism
OF the police department was in
tended. Chief Hart has a wrong
idea Of my intent in making the
statement" tho attorney said. adj
dressing Judge Roche. Il did not
criticize the police department. but
If 7 thought there was necessity for
critiCizing I would not hesitate to do
so. merely wanted Your Honor to
know that the report that came TO
me OF what the chief told Simons'
friend placed me in an embarrassing
position. l think a lawyer should
be entitled to protection against
such conditions"
Your Honor. it is out OF my
province to mete out sentences to
those who are arrested" the chief
retorted, having left the witness
stand after his original declaration.
Il 90 not want the court to get the
impression that | am doing such
thing. | don't think Attorney Nc
Donough should take the word OF
Simons against the word Of the
chief OF police or any other Of
fetal"
Judge Roche interrupted to say
that he did not consider that the
telephone incident called for the
least criticism of Chief Hart. "ln
the administration of the court, We
all have our respective parts" he
said. II have my work TO do. the
police have theirs and the prosecut-
ing attorney has his and We must
cooperate with as little friction as
possible. When Chief Hart was
called by telephone, he could not
be expected 10 insult the other
party. | know he is not that type
Of man. The police department GER
tainly has its share OF troubles
without being criticized for this in
cident. The whole incident appears
to be a tempest in teapot
Meant No Criticism. Lawyer Says
After court, Attorney McDonougn
assured Chief Hart that he ha
meant no criticism and he regretted
that the chief had taken offense
He pointed out that Simons had
apparently been led to believe that
he was to receive very lenient con-
sideration. much more lcnient than
the circumstances of the case JUS
titled, and it placed the attorney in
an embarrassing position. A similar
condition arose in case in which
he was concerned about a year ago,
the attorney said.
Simons is the father OF eleven
children. of whom four are married
and seven depending upon him for
heir living. Attorney McDonough
told Judge Roche. The eldest child
at home is II years OF age and the
youngest is months. The family
lives in a six room Cottge from
which there is no income, and FIVE
garages III the rear have been Va
cant for some time. so that the only
source of support The family has is
his earning power of SAG a week
Last Sunday he was working around
the garage and did not intend to
drive. rs his license was under sus-
pension. He drank cheap moon
shine LIQUOR which affected his eyes
and he had been in the car about
20 minutes when he struck another
car in front Of Gel East Main street,
and his arrest followed. Attorney
McDonough said he realized there
was little that could be said in ST.
mons favor under the circumstances
but he felt it his duty to call all the
facts to the attention Of the court.
He read a letter from Simons' en-
ployer, recommending him highly
and stating that he can return to
work.
Judge Roche said the punishment
melted out when Simons was in
court in June. 1925. apparently had
made no impression on him. or at
least it was not lasting impression.
The law demands n Jail sentence for
second offenders, ne said. ana the
other offense calls for a fine. There
was no course open to him other
than to follow the law.