New Britain herald., 1927-01-10

geant O'Mara testified, but the posi- tion of the bullet hole indicated that he had not aimed at his wife.
 Attorney Howard P. Drew of Hartford told the court that Mir. and Mrs. Tucker had a squabble yesterday but Tucker did not fire at her. It seemed that he seized the revolver and it was discharged. Tucker is law abiding and it is safe1 to expect that he will not give any police court trouble in the future, the attorney said.
 After the recommendation for a B fine was adopted. Prosecuting Attorney Woods made q motion that the revolver be confiscated, but At torney Drew objected and Justice Roche questioned the right of the court to grant the motion. Prose- cutting Attorney Woods pointed out that confiscation of firearms has been ordered by the court manyl times in the cases of Fourth of July offenders, but Attorney Drew con- tended that there was no evidence that the gun before the court had been discharged. The only testimony was that a revolver had been used. Sergeant OMara was called on to say whether or not Tucker haE ad- mitted firing this revolver. and the sergeant replied that Tucker show ed signs of having been drinking and did not say he fired shot from the revolver. Justice Roche denied the motion for confscation.
 After court, Chief Hart, Attorney Drew and Prosecuting Attorney Woods arranged to release the gun 10 Attorney Drew for a period of six months at the end of which time it will be returned to Tucker if there are no circumstances advising against it's return.
 Marefki, one eye tightly closed and his face showing marks of a beating, denied having used a knife during a neighborhood fight at 227 North street last evening, but wit nesses for the state testified to hay ing seen him cut Frank Bogosloski, ! aged o1, who suffered a gash in his left hand requiring several stitches. Justice Roche said the evidence in dicates that the Marefki family and the Nokum family, who live in the 1 same building. are equally to blame | i, ct Tot | going on there. but Marefki was not | justified in using the knife, hence | the decision to send him to jail
 The witnesses testified that Maref- ki's wife threatened to throw 8 ket- tie of boiling water on a little girl 1 if she went upstairs. and the No- kums prevented her from doing so. | This occurred yesterday morning, l and in the evening there was fur ther trouble which ended in a fight i in the hallway during which, ac- cording to the states witnesses, Marefki mounted the stairs with an open knife and threatened to use it.
 Bogososki. who was visiting in one of the tenements. tried to take the knife from Marcfki and in so doing received the gash on the hand. Michael Nokum. aged about 20, tes- tified that the knife just grazed his neck and but for Bogosloskis time ly intervention, he would have been cut while his back was turned.
 Marefki denied he used a knife, and the police were unable to find it. He said the Nokum family has parties night after night until early in the morning and he cannot sleep, He told the owner of the building and was advised to complain to the police. Last evening about 5:30 o'clock he came home and found Michael Nokum and Frank Bogoslo- ski arguing with his wife. Before he had chance to say q word, he was set upon and beaten. He had not been drinking. he said and the as sault was not justified.
 John Demko. aged 59, who boards with Marefki, pleaded not guilty to charges of breach of the peace and assault, and was discharged. He testified that a young man whom he could not identify asked him if he was a citizen of the United States and he replied negatively adding that his son is citizen. Well, I'm a ctzen,' the young man replied. according to Demko. and proceeded to punch him about the face. He admitted he had a few drinks dur ing the day. but he was not intoxi- cated and he was not seeking trouble.