New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-07-31
Police INDICATED
IN DRIVERS ARREST
Judge Satisfied Jester Was
Under Influence Of Cider

The question whether or not cider
was powerful enough to cause in
toxication was brought into tha case
of Frank Jester, aged "a, of 1853 Lin
wood street, in police court today.
when Jester denied he was under the
influence of liquor and unable to
drive a car when he was arrested by
Officers John Griffen and William
Grabeck the night of July -. and
DR.. Moses kupelian testified that
Jester was entirely sober and normal
when be examined him an hour after
the arrest. In his ten years expert
ence in the practice Of medicine. DR..
Kupelian said, he never had seen a
case of intoxication caused by cider.
which prompted Judge II. P. Roche
to remark: "Offhand. Id say the
doctors experience must have been
very limited"
A finding of guilty was made and
a fine of 500 and costs imposed,
with suspended Jail sentence Of
five days. Attorney William F..
Hagearty. making his first appear
ance in police court since his recent
admission to the bar. gave notice of
an appeal to superior court and
bonds We're fixed at $500.
Unsteady During Test
Officer Grabeck testified that q
trolley car had stopped on North
street, near the corner of Oak, to dis
charge passengers about 1920 o'clock
in the evening and an automobile
and a motorcycle had pulled up be-
hind it, A car driven by Jester east
on North street struck the motor
cycle lightly and when the officer
stepped out to speak to the driver
about his brakes, he noticed that he
appeared to have been drinking so
he ordered him to leave the car and
walk a few PAGES. He was unsteady.
the officer said. and when brought to
headquarters he was taken i'll. The
odor of liquor was apparent, the
officer said. Officer Griffen gave cor
roborative testimony and Sergeant
NJ. J. Flynn testified that he observ-
ed TESTERS condition through his
speech. his manner of walking and
the odor from his person. In reply
to Attorney Hagearty, the sergeant
said he knew Jester was under the
influence Of liquor.
Jester testified that he worked un-
til shortly before p. m.
painting automobiles and used con-
siderable lacquer which he sprayed
on to the cars. After leaving his
place of employment. he had two
glasses of cider. but was not intoxi-
Gated. he added. He blamed the
lacquer and the excitement for his
condition. "You did not drink any
of the lacquer, did you:" Assistant
Prosecuting Attorney Greenstein
asked him, and Jester replied mega
lively.
Doctor Considered Him Sober
. DIR. kupelian testified that Jester
called at his office about $50 O'Clock
and submitted himself to a careful
examination. He walked along a line
and touched his fingers together
over his head. giving absolutely no
indication that he had been drink
ing, and there was no odor OF liquor
apparent. AS for cider. he did not
say it was impossible to become in
toxicated through drinking it. but
he has never had case Of intoxica-
ton caused by 1t.
Attorney Hagearty contended that
case had not been proven beyond
a reasonable doubt. He said DR..
Walsh saw Jester at the police sta
ton shortly after he was arrested
and had he considered him unfit tc
drive he would not have asked
Lieutenant Bamforth to allow him
TO do so. Judge Roche said, however
that he could not ignore the test.
mony of the police. although he die
not doubt DR.. kupelian's findings. j
was possible, he said. for a person tt
| become sober through fright or ex
element and he pointed out that :
full hour had passed between tn.
arrest and DR.. Kupelian's examina
ton.