New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-09-20
TAKESPARKEDC CAR
HELD IN $500 BOND
Youth Bound Over to Superior
Court; Pal Freed

September term OF superior court
by Judge NJ. D. SAKE in police court
this morning, on the charge of TAX
sion Of the owner, and Joseph Mai
eta, aged 90, OF ASS Main street,
rear. who was similarly charged,
was discharged. Bonds OF $500 were
fixed in Avella's case. Judge Sake
told Maietta that he was being given
the benefit OF a doubt, and his ar
raignment should be a warning 10
him to keep out OF trouble here
after. Attorney Thomas F. Nc
Donough represented Avella, and At
torney S. Gerard Casale represented
Naietta, both of whom pleaded not
guilty.
Sergeant Thomas J. Feeney testi-
fed that he Investigated an accl-
dent in front OF II Greenwood street
on August 23 and learned that Vi
Wan Mcclure. aged s years, Of that
address, had been struck by car
driven by Maietta. The child was
only slightly injured and Maietta
was able to show his operators Ii
cense and the car registration, eX-
planning that Joseph Denbishash OF
Lazy Lane, Southington, had given
him permission to use the car.
There being no cause for police
action, in the opinion Of the ser
geant. the incident was closed, but
a few days ago, Denhishash re
ceived word from the state motor
vehicle department that report OF
the accident was required, An in
vestisation was started with the re-
suit that Sergeant z. ]. O'Mara ar
rested Avella, and Sergeant Feeney
arrested Maietta.
.Avella, according to Sergeant
Feeney, denied having had any con-
nection with the taking Of the car.
but Maietta readily admitted that he
accompanied Avella from the
U-drive garage at II Seymour street
as far as Brook street. where Avel-
la called on a young woman. NAL
eta, at Avella's request drove the
tdl LtlNh ~ lIN t'ittoN' s~A'"- -
route, struck the Mcclure child.
Maietta, on the witness stand,
said Avella invited him for a ride
and he went. Avella told him first
he owned the car but later he told
him he did not own it but had Gus
tody of it. ATella, called by Attor-
ney McDonough, testified that he
was in temporary charge of the
garage when Denbis.ash called to
hire a car. Denbishash told him TO
take care OF his own car and Avel-
la felt he had permission to take
it for a drive. Denbishash testified
that he left the car at the curb but
gave nobody permission to drive 1t,
and he did not intend to have 1t
driven. He left the Ignition key in
ii.
Judge SAKE recalled Maietta TO the
witness stand and was questioning
him as to whether or not he knew
Avella had not had the right TO drive
the car, when Assistant Prosecuting
Attorney Greenstein sprung sur
prise by asking Maietta about trip
to Shuttle Meadow. Maietta admit
ted that he accompanied Ayella to
Shuttle Meadow, where they OBTAIN
ed peaches, and then returned to
Seymour street before taking the ride
to Brook street.
Attorney Casale claimed dis
charge on the ground that Maietta.
by the greatest stretch OF magma
ton, could not be, held guilty as
charged He said the young man
believed Avella had the owners per-
mission to take the car, and there
fore he accepted the invitation 10
ride, just as anyone else would do.
Judge SAKE asked Mr.. Greensteln If
ne felt that Maietta was guilty and
the assistant prosecuting attorney re-
piled that he was convinced he was
technically guilty although his part
IN the affair actually was not as
serious as that of his companion.
Attorney McDonough asked that
leniency be exercised in Avella's case.
There is no question but that the
law was violated and Avella expect
I'd to be punished, but the matter is
not as serious as most cases of TAX
ing an automobile without permits
sion of the owner. There was no
Ioyride and the car was not dam
aged, he pointed out. The young
man is employed by a plumbing con-
tractor, and although he has been
arrested before, his record is not bad
\ suspended penalty, with probation,
would meet the ends of justice At
torncy McDonough said.
Mary Glynn, aged G., of 4S9 Main
street, charged with being in danger
~ falling into habits OF vice had her
case continued one month in charge
Of Miss Ruth BRISTOL woman proba-
ton officer. Sergeant Stadlcr tesri-
ficd that the girls aunt accused her
of being uumanageable and wanted
her taken out of the house. The girl
denied having used a key to enter
rooms in the house, from which 500
was taken. She admitted having en-
tortained boys in the house, but de-
MED wrong doing.
Frank Peterson. aged 40. Of 30
Arch street, pleaded not guilty 10
the charge Of non-support. and his
case was continued uHtil tomorrow
morning in 5000 bonds because Mrs.
Peterson was out of the city and
could not be located in time for ap-
noaranre in court Sergeant r. j.