New Britain herald., 1927-11-09
Mangan Says He Would Punish Driver if He Knew Who Drove Fence Smashing Car.

| am satisfied that a hoax is be
 ife perpetrated on the court and i
 l knew who was driving the car d
 the time this damage was done.
 would punish him." Judge William
 F. Mangan said off the bench in DO,
 Ice court today. sitting in the ab.
 Sence Of Judges Sake and Roche. "A
 bad situation IS created by the use
 of an automobile by several parties
 and II Is time the registra ations oi
 such cars were taken away. How
 ever. l must discharge Legenza or
 the evidence before me"
 The case was that of Stanley Ie-
 genZa, aged IS, Of 332 Pennington avenue. charged with evading re- sponsibility after his automobile had knocked down about 30 feet of fence on the OBrlen property at 14 Broad d street last Saturday about 6 D. m. Edward J. Dorsey, who lives at that address, heard the racket and saw the car but the driver did not stop although Mr. Dorsey called him three times. Miss Emily Marcoux Of 10 Broad street testified that she observed the registration number but did not see the driver. Mr. Dorsey reported the incident to the police and Sergeant McAvay arrest ed Legenza after learning that the car was registered in the young mans name.
 Lt.gcnza Denies Driving
 Legenza, who was represented by Attorney Lawrence J. Colon, testi- tied that he has no operators IT, cense and does not drive. On Sat urday about II q. m. he allowed his brother. Frank, to take the car, and at about ?. III. he saw 1t on Broad street in front Of Jacks Smoke Shop. He did not see 1t again until his arrival at his home about midnight he declared. He said he did not know who drove it home or where it had been during the forenoon and evening" On learning from the po- lice that 1t had been in an acci- ! dent he examined it and saw q dent in the fender. ,
 John Monko Of 19 Hayes street , testified that he was with Legenza 1 afternoon and evening and i they had no car during that time. Another witness corroborated this estmony, and Frank Legenza tes- flied that after he had used the car Q bring his father to a store to buy md went to New Haven, He re urned 10 this city yesterday after loon. He was not driving the car when it broke down the fence, he said.
 Assistant Prosecuting Attorney w. N Greenstein asked for conviction 3n the ground that the statute on 9vading responsibility states that the of a car is prima facie ,vidence that the owner was driV- ng, but Attorney Colon replied that i he intent of the statute is to per nit the rebuttal of prima facle eNl- f ence by the presentation of facts, s
 
 nd in this case the young men who s astihed were deserving of being be- eyed Their testimony proved that { ,egenza was not driving the car and c ne state could not show that he | as in charge Of the car when the S ence was knocked down, the law | CT said.
 Judge Mangan remarked that he 0 1t certain that Legenza knew who ct as driving the car if he were not ( irving it himself. Under the stat -> tc, however, it was impossible 10 Id Legenza guilty in view of the l ibi made out by the defense.
 Knapp Discharged
 Judge Mangan discharged Michael napp, aged 34, of 1S3 Francis :, rect who was charged with reck- !, ss driving as the result Of a col a sion yesterday forenoon at the n rner Of Stanley and rSmalley ir reets. Knapp was driving a truck il 'rth on Stanley street and Con- f.