New Britain herald., 1927-02-04
Judge filling Gets Con- fession From Man Who Used Children to Violate Law.
Police Force Way Through Two Doors With Crow- bars Before Locating Stock Under Store.

"The worst feature of your case IS not that you are selling liquor, but you are bringing up your chil- dren to do what they are doing, On top of that you bring them into court and tell them to lie. Do YOU think that's the way 10 bring up chill dren; having them help you violate the law and then tell them to lie to help you out of trouble?" Judge B. ". filling addressed himself in these words to John Smigel aged 42, of 43o Burrltt street, in police court this morning after testimony was offered that two sons of Smigel, aged l2 and years, were stationed in the cellar beneath the store at 24 Orange street, where bottles of al- legged liquor were within their reach. their duties being to pass the bottles up to their father, through a hole In the floor at signal through the hole when customers dropped in. Judge filling imposed a jail sentence Of 30 days on each of two counts Of -'fNS- 'e' 'iOialioll, exc cution with a warning to Smigel to discontinue his illegal activities. I'm giving you this consideration only on account of your children" the judge said. Smigel had testified that there are six children in his family. in ad- dition to the two who were helping violate the law.
 EnrCe Way {, Last evening at 5:3o o'clock, Off cers Stadler and Cosgrove and Su- pernumerary Officer Harper raided the store after having observed men Of alleged drinking habits going in and out. As they entered. Smigel pushed pail against the wall, cover i ing the hole in the floor. Officer Stadler went outside to open the cellar door but found 1t padlocked. He testified that he asked smieel for the key but was told Mir. Blosos loski had it. The latter. however. said he did not have 1t. as he had nothing to do with the store and the cellar. Smieel still refused to open the door. so Officer Stadler pried the f ioNN OiL "ltli dll lIOH
 Beyond this door the officers en- countered another door. securely barred on the inside. Officer liar per returned 10 police headquarters and brought crow bars with which the door was battered down. Detec- tive Sergeant Ellinger and Officer strolls accompanied Officer Harper on the return trip and took part in the raid
 Locked In By Father
 In the cellar. which was lighted only by candle. the police found Smisel's sons on lumber pile Two milk bottles containing alleged H. quor were near them and under questioning the boys admitted that they were locked in by their father, with instructions to hand up the H. quor when he signalled.
 Boys Change Stories.
 The 12-year-old boy was called to the witness stand today and at tempted to repudiate the statement he signed at police headquarters fol- lowing the raid. He and his brother were in the cellar playing marbles, he said. They did not know the doors were locked and barred, and the reason he signed the statement was that one of the policemen told him he would "break his neck" If he re- fused. Assistant Prosecuting Attor- ney Greenstein asked the boy to point out the officer who threatened him, but he was unable to. do so. Pointing to Officer Stadler. Mir. Greenstein asked: 'Is that the man?" ad the boy replied negative ly.
 The younger boy broke down on the witness stand, hanging his head and mumbllng his words. He said he and his brother were playing mar bles, and had not had an connection with the alleged violation of the liquor law. He pointed out Officer Stadler as the man who threatened to break their necks If they did not sign the statement. According to the police. Sergeant O'Mara and Of- ficer Cosgrove had charge of the questioning of the boys. and Officer Stadler had no part in this phase Of the case.
 Father Admits Using Boys.
 Smigel made a weak attempt 10 disclaim responsibility for the boys cellar assignment. but when Judge filling, calling him by his first name. advised him to make clean breast of the matter, the storekeeper's lips trembled and he mumbled that he would never let his children help hin in this manner again.
 You sold liquor in that store, John, didn't you?" Judge Alling asked him in kindly tone.
 Well, not much" Smigel replied.
 'But some, didn't you?" the judge persisted.
 Not yesterday" Smigel evaded.
 You had your boys up there in the cellar handing the booze up through the hole, didn't you?" the judge continued.
 MT. Judge, I will never let those kids do that again." Smigel replied.
 Although numerous attempts were made by the police to detect liquor law violation in smigel's store. none had been successful prior to yester- day. Officer Stadler. in his testimony. said the stock on display is very Him. ited and he has seen smigel leave and reenter the store 14 times ar hour, while drinking mon patroni4ed