New Britain herald., 1927-12-01

claimed discharge. Judge Mangan called Sergeant O'Mara to the stand in an effort to determine the owner of the store but the sergeant said he was not positive about it. Judge Mangan denied the motion for dis charge and Attorney McDonough called Andrew Maietta to the stand.
 After testifying that his wife own- ed the store and he merely helped around" Maietta made reference to T" and Judge Mangan remarked that 1t appeared contradictory to his claim that he did not own the store. A little later, he referred to i've" In reply to MT. Greenstein, Maietta ad- mitted that his name is on the de- livery truck used in the business, also that the key which Sergeant Mara received from the school boy was the one which Maietta claimed to have lost one month ago. He admitted it was the key to a ear- age on Lafayette street where he kept his automobiles until about a month ago, when a cold snap came on and he moved his cars to a. heat ed garage"
 Too Many" Visitors
 Mrs. Maietta testified that she owns the store and her husband works there. Asked if she knew Pat Welch or McDermott," she re- piled negatively. She said ''too many men" come in and out and she could not remember all of them. They bought cigarettes and other merchandise but she did not sell them liquor, nor did anyone else in the store. The schoolboy was not in her employ and she did not pay him, she said, although she knew he hung around" the store. Joseph McDermott a spectator, was pointed out to her and she said she did not know him.
 McDermott volunteered to testify and in reply to Attorney McDonough he said he had bought cigarettes and meat at Maietta's store but he had never bought cider or beer there In reply to Mir. Greenstein he said he is a drinking man. He knew Mrs. Maietta and thought she probably knew him. Asked if he knew the reason his companions patronized the Maietta store. McDermott did not have d chance to reply as Judge Mangan smilipgly observed that 'McDermott don't tell and he would probably be in contempt of court if asked to do so."
 Gardiner is Played
 Attorney McDonough. in his argu- made out a case. "They certainly put on a very substantial gentleman to testify when they called Henry Gardiner" he said. He is a man whose testimony is not worthy of belief" He threw the drink on the floor. Yes, he did," concluded the attorney. Mr. Greenstein said he believed there is no question but that the reputation count had been proven. under the law. which is very clear on that point.
 Judge Mangan, before making his decision, remarked that the case was very difficult to decide. In his own mind, he was perfectly satisfied that Andrew Maietta was guilty. still the law is intended to protect the de- fendant under the rules of evidence. and it is essential that the rules be obeyed although very often judges do not wish to do so. The evidence in this case does not connect Maiet- ta with the count of reputation and therefore he must be found not guilty. The assistant prosecuting attorney had a very difficult propo- sition because of the few facts in his possession and then the schoolboy changed his attitude, making the states case more difficult. The only evidence of sale of liquor was that of Mir. Gardiner, which did not help greatly to prove reputation. as it would have been very possible to make a purchase Of liquor in place of business and still the neighbor- hood would not know of 1t. Repu- tation, under the law. hinges on the we'll founded opinion of the neigh borhood.
 Mrs. Naietta Guilty
 Relative 10 Mrs. Maietta, Judge Mangan said he would make find ing of guilty, and MT. Greenstein at once charged her with being a sec ond offender and recommended a line of S200 and a suspended jail of 30 days. Had Andrew Maietta been found guilty I would have recommended a jail sentence of not less than 80 days. with no sus- pension" he said. With a woman of course, it is different, and I think a suspended sentence hanging over her may keep the Maiettas from in the liquor traffic, and we hope they will stop"
 Attorney McDonough replied that if the Naicttas actually have been dealing in liquor, it is to be hoped that they will stop. As to the school boy, both Mir and Mrs Maietta told him they were willing to go before any court and swear they had not intimidated him in any way,
 Judge Manean said he would not have hesitated to send Andrew Maietta to jail had he found him guilty. Gas he would have been a second offender, having been con- victed in United States court but he hestated to send woman to jail. He pointed out that there was no evidence of subornation of per jury He said he felt that a sus- pended jail sentence hanging over the woman would have its effect and she must realize that if she is con- victed again she will stand before the court as a third offender. He then added s10O to the fine recoS1- mended by Mr. Greenstein and de- duCted 20 days.
 Mir and Mrs. Maietta are 27 years of age and Miss Pinella, who is their cousin, is 19.