New Britain herald., 1927-02-05
OWNS GAR, J0BLESS,
 NOT A B0O7LEGGER
filling Rules Against Hearsay Evidence in Figuera Case
POLICE TO KEEP "STILL"
Moonshinc Manufacturing Apparatus and Mash Will Be Turned Over to Federal Authorities For Possible Prosecution.

The mere fact that a man has an automobile and is not employed is not sufficient proof that he Is violat- ing the liquor law even though com plaints are received by the police and liquor is seized at his home, Judge B. W. filling ruled in police court this morning In the cast of Ferandc Figuera. aged 29, of S97 Myrtle street. who was arrested January 29 about l 1 p. m. in raid on his tene- ment. Officer John c. Stadler tes- tified that he had seen Figuera's car in the vicinity of Lilac and Cherry streets and had received reports that liquor deliveries were being made, and he also testified that letter containing a complaint was received last Saturday morning. Judge filling ruled that inasmuch as this infor- nation was only hearsay, 1t was not admissible. He suspended judgment.
 The tenement Is poorly furnished, Officer Stadler testified, and in the rooms were "still". cooling appara- tus. a long hose, 150 gallons of un- distilled liquor, quantity of brown sugar. coloring fluid, and moonshine liquor. These were offered as evil dence and Officer Stadler testified that according to the complaints made to the police. liquor Is sold in the tenement between 10 p. m. and 3 and o'clock in the morning. for 25 cents drink and s1 per bottle.
 Moonshine, Not Whiskey
 Figuera, who was not represented by counsel, admitted ownership of the paraphernalia and the liquor, but denied selling. He learned to manu- facture liquor in the "old country" he said. He objected to Prosecuting Attorney Woods characterization of the contents of one bottle as "whiskey". Tt is not whiskey," he said, it is moonshine" He denied he does such an extensive liquor business that he is not obliged to work elsewhere. As a matter of fact, he said. he was employed in a factory until few weeks ago.
 Judge filling questioned him at length relative to the manufacture of liquor and the ingredients. Figs brown sugar, water and coloring mattes, make. uquor. he said. Rela- tive to the testimony that his car has been seen on Cherry and Lilac streets, where a number of his coun- trymen live. Figuera said 1t is also true that he has driven on Main street and many other streets about the city.
 Judge filling, after warning Fig uera that it was about time he be- gan 10 tell the truth about his ac- tivities. asked Prosecuting Attorney Woods what he claimed to have proven. and the latter replied that everything points to violation Of the liquor law. although he admitted Officer Stadler's testimony was largely hearsay.
 No Proof of Selling
 Judge filling said proof of manu-
  facture of liquor in the tenement had been offered, but the evidence to substantiate the charges of sell ing and having with intent to sell is not sufficient. in his opinion.
 After court, Officer Stadler said the possession of the "still'' will be reported to the federal authorities.
 A further continuance until Mon- day morning was ordered in the cases of Quinto Lugli, aged 19, of 222 Clark street, and Edward Jea- nings, aged 24. of 3S Dewey street. charged with violation of the liquor law at 262 Elm street. Prosecuting Attorney Woods informed the court that Attorney Thomas F. McDon- ough, defense counsel. is indisposed and unable to attend court.