New Britain herald., 1927-02-21

He drove home and after supper
he and Budnick and two others
went to the basketball game.
The owner of the garage at %
East Main street testified that
Smulski worked until $50 p. m. the
day in question. Smulski's father
testified that the young man arrived
at home at 5:45. After bathing and
having supper and shaving he left
the house at 7:15 or 7:20 p. m, the
elder Smulski said.
William Smulski brother of Jo-
seph Smulski, testified that he was
ut home from 6:25 to 6:55 p. m. on
Feb. IL and his brother was there.
When he left after supper Joseph
was still at home.
Said Smulskl Wasn't There
Frank Kankowski of SO Concord
street testified that he saw the po-
lice car chasing the ether car on
Pennington avenue and he heard
the revolver shots.
He saw the first car come to a
stop on Beaver street near Lasalle
street. A man jumped out of the
car and run away. He was positive
this man was not Smulski or Bud
nick. When he read that Smulski
was alleged TO have been implicated
in the affair he volunteered to help
him as he knew him well when both
were in school. Kankowski was
certain he saw only one man leave
the car.
He identified Officer Cosgrove and
Stadler as the men who jumped out
OF the police service car directly
after the first car came to a stop
and the driver ran through the Deg
nan yard. He told someone about
it and Smulski learned that he had
some information. They met and
he told Smulski what he had seen
and as q result he came in as wit
ness.
Budnick testified that he was at
! home all afternoon February II and
| after supper Smulski called for him.
! They and two companions went TO
+ the basketball game. The next
morning he found that his car was
missing from Smulskis garage,
: where he kept it. He telcphoned to
| the police and learned that his car
was at the municipal garage. He
went to church and then to the po-
| lice station.
At the station he learned he was
suspected of being IN his car the
! night before when liquor was found
] in it after chase. He positively
denied he had been in the car. He
! had no knowledge of who might
have taken his car. 1t was stolen
one other time and young man
was committed to Cheshire reform
! atory as a result.
i Miss Sophie Budnick, sister of
! Stanley Budnick. testified that the
! latter was at home all afternoon and
/ did not leave until after o'clock.
Budnick's mother testified that
, her son was at home all afternoon
Feb u. He had supper at G p. m.
after having slept since shortly aft
I er noon. and it was about p. m.
/ when he left to go down town.
! A little girl who visits at the
i Budnick home testified that the ac
cused young man was asleep when
she left about p. m. Steve Bud
man testified that the latter was
asleep about p. m.
Officer Stadler was recalled to
the witness stand and testified that
he saw Budnick's car on North
street on Feb. 10 and bootlegger
was in it. This was to refute Bud
hicks claim that his car had not
/ been out of the garage between
| Feb. S and Feb. -. The officer
said he did not see anyone near
| Beaver and Lasalle streets during
the excitement Immediately after he
, ran into Degnan's yard.
Asked by Judge Mangan for the
name OF the "bootlegger" seen in
the car on North street, Officer
Stadler replied Bonnie Waskcwicz."
| near the car at that time, the Off
Ger said.
Officer Harper testified that a
! number of people gathered about
the abandoned car soon after it
went up on to the sidewalk. Officer
| Cosgrove gave similar testimony.
| Claims Probable Cause Proven
| Prosecuting Attorney Woods
claimed probable cause had been
proven, stressing the identitications
| defense witnesses We're very vague
in their testimony, and not much
credence can be placed in their
statements.
Whoever was in the car was
| transporting the alcohol seized. 1t is
not necessary to pass on the guilt
or innocence of the accused men in
this court, as they can be bound
over if probable cause is shown, he
said
Judge Mangan accused the pro-
scouting attorney of attempting the
odd army game by asking that the
men be bound over on a probable
cause finding when the states case
is very weak.
The police were looking for Coo
como prior to 1 a. m. Sunday, Feb.
IS, because they were not certain
that Smulski and Budnick had been
driving. "Of that I am personally
positive" Judge Mangan said Con-
tiD,Iipr Indigo Moppop commended