New Britain herald., 1928-08-24
MANSLAUGH1ER Case
DECISION RESERVED
CONTINUED from First Page)

stop, learning that the boy had been
struck.
Cross examined by Judge Mangan
the sergeant said the right front
fender of the coupe was bent and
the mark on the side Of the coupe
was about inches long and ap-
peared to have been freshly made.
The only mark on the truck was on
the rear. The sergeant did not look
for marks on the side of the truck.
Brake marks on the road we're in
distinct.
| Leo Losek, aged IL, of las Grove
street. Washington school pupil,
testified that he was on the truck
with John Lada OF 164 Grove street.
They We're sitting on box near the
rear of the truck.
Benny Przygoda Of 1920 Stanley
street was in charge of the truck
he went into a store. The Piehkas
boy was standing on the hub OF the
left rear wheel, according to Leo.
The coupe struck the truck and
knocked him to the ground as he
was making an appointment to meet
Leo and John Lada that night at the
corner of Gold and Broad streets.
The couple passed over him and
Przygoda picked him up and car
ried him off the road.
Cross examined by Judge Man
gan, Leo admitted that he did not
see the coupe until it hit Joey
A little later he said he had seen
| it coming up the street. Questioned
further he admitted that it might
have been another coupe that he
saw coming. AS to its speed, he
first said it was going fast, but later
he admitted under questioning by
Judge Mangan that he had heard SO
much mention of speed in discussion
of the fatality that he had gained
the impression that the coupe was
going fast.
John saba, aged 10. described the
fatality. He said he could not est-
mate the speed of the coupe but 1t
dragged the body about S5 feet along
the road after knocking joey OFT
the truck. The truck from which
Joey" was thrown was OF the
rack" type, used in the bottling
business.
Przygoda testified that he was
driving the truck on Broad street
between 1890 and 12:45 O'CLOCK
and was just entering a store after
marking the truck when he heard
"a yell' and "a bang and looking
around he saw the Pienkos boy OH
the road, bleeding from nose, ears
and mouth. Picking him up he car
ried him to the sidewalk and sent
a woman after water but life was
extinct. The unfortunate boy had
mounted the truck between the time
Przygoda parked the truck and
reached the entrance to the store.
Przygoda knew the Losek and
Lada boys We're in the truck as they
had been riding with him but he
had not seen the Pienkos boy prior
to the fatality.
Hieronim Sobieray OF 1G1 Broad
street, testified that he and Anthem!
pugolenski of 1876 Smith street Were
walking past the scene of the fatality
and heard the noise OF all impact
They saw the boy in the road and
they called to the driver of the
coupe, who stopped, but not imme'
diately, Sobieray estimated the speed
of the coupe at 80 to 35 miles an
hour. but admitted to Judge Man
gan that he had seen it go only ~
feet He had a car three years age
but has not driven one since then
He said, in reply to Judge Mangan
that he was not friend of the par
ents of the Pienkos boy.
Officer William OMara testified
that the traffic was heavy at the
time the accident happened. OFFICER
Edward Il. kiely testified that the
usual amount OF traffic was passing
at the time.
Prosecuting Attorney Woods rest
ed the states case at TINS point
Judge Mangan commended that nc
case had been proven and the court
could not hold Barron except by
great stretch of the Imagination
Certainly Barron had not gone onto
Broad street and willfully commit
ted an assault OH the boy. The boy
was standing on the hub of tho
wheel OF the truck, where he had
no right to be, and was Knocked te
the ground.
The natural inference to be draw
from the evidence was that the dool
handle of the coupe came IN con
tact with the boy. There was nj
evidence of recklessness on the par
Of Barron. Judge Mangan declared
aud the fact of the matter Is ina
there have been several fatalities OF
the streets of New Britain very re
Gently and the prosecuting attorhe!
has not found grounds for prosecn
tjons with the result that there ha
been criticism on the part Oh por
ton of the public who do not al
wavs understand that deaths from
accidents do not necessarily meal
guilt on the part of motorists.
Il understand the prosecuting AT
torney's position thoroughly JudG
] M1lGdn Sdiu. pul killll 40 nv
son why this young man Garrol
should be held on this charge.
MIR Woods, arguing for prohahl
cause finding. declared that ther
was absolutely no doubt OF IN
guilt of Barron but it was not nee
essary for Justice Sexton TO hhd mn
guilty as he was sitting merely II
the capacity of an inqulrlnS h''si'
tratc. If ever there was more rea
son and ground for binding over
person on this charge, MIR. Nood
said he would like to hear IL.
Judge Mangan accused Mr. Nood
OF trying to play both ends agalhs
the middle" The element OF uh
due speed was absolutely lacking, n
commended. It was unreasonable 1
fry to have the court believe ina