New Britain herald., 1928-12-24
JUDGE BOOSTS FINE ASP0lkAJ APPEALS
Broad Street Man Changes Mind
 and Pays $tO0

Aouuu SulAty ol tlC SAoi6C VI keeping liquor with intent to sell, Joseph Potkaj. 23, of -17s Broad street, was fined $10O and costs by Judge H. P. Roche in police court today. but when Judge w. F. Man. gan. representing Potkaj, asked that bonds for an appeal be set. Judge Roche increased the fine to $250 and costs. remarking that Potkaj had come into court and lied about the activities in his store at S7 Gold street. After court, however. Potkaj decided not to appeal and arrange ments were made for him to pay the original fine and costs in install- ments through the probation officer. On the charge of keeping a place having the reputation for the sale of liquor, Judge Roche entered a dis charge for lack of sufficient evil dence.
 Sergeant Feeney testified that he and Officer Hopkins raided the store about II o'clock Saturday night. It Is in basement and three men un- der the influence of liquor came out a short time before the police enter ed. A can with traces of alcohol was found under the cash register, a pint of liquor was found in the rear part of the store. and a glass and another container were near the sink. The sergeant said young men frequent the place and he has seen it open until 2 a. m. On three occasions he was routed out of bed at home to receive complaints about it from the same man.
 As to the reputation of the store, Sergeant Feeney said he has never seen women or children in the store. It is a dirty, poorly lighted place and there is hardly $25 worth of cigars, soda and candy in it.
 Cross examined by Judge w. r. Mangan, Sergeant Feeney said he. did not learn the name of the man who made the three complaints. He knew him by sight but not by name, he said. He admitted that he f1ever received complaint from anyone else relative to the place.
 Potkaj according to the sergeant, accused him of having planted" the can and bottle on the premises. In reply to Judge Mangan. the ser Seant said the sanitary conditions in the baek goom of the store were such that he had made a report at headauarters, to have the health de- partmeat Investigate.
 (lfY{RQR Hnnl-inc taS}iHol F. has seen men go in sober,and come out drunk but he received no com plaints about it from residents of the neighborhood. He has been on the beat six months and Potkaj has conducted the place six or seven weeks.
 In reply to Judge Mangan, Officer Hopkins said there was nobody present but Sergeant Feepey when the latter found the bottle and when shown the can, Potkaj ex- claimed: My God. who put that these?"
 Potkaj took the witness stand and denied that he ever sold liquor He was in the front part of the store shining shoes when Sergeant 'eeney entered and asked about the pool room license. Potkaj replied that he had no license so he did not use the table in the back room. The sergeant pulled out nail which kept the door to the back room closed, and a little later came out with the bottle.
 Until then. Potkaj said. he did not know that the bottle was there. He admitted that he carries little stock i'll the store but he could prove that women and children are among his customers, He admitted that he was convicted of running gambling place on the premises but since then he has not kept open after l1:3o p. m. or so.
 Walter Wisk of 63 Miller street, testified that his car ran out of gasoline Saturday and he got a can full from filling station. after wards leaving the can in Potkaj's store.
 Potkaj's brother allowed him to leave it after another fellow washed it out with water. Stanley Golas testified that he washed it in the store. He was given it by Prosecut- ing Attorney Woods to smell and ad- mitted that there was an odor of alcohol present.
 Officer Hopkins was recalled to the witness stand and testified that he received information as to where the bottle of liquor was kept. Judge MaHgan asked him the source of his information.
 The officer hesitated and Prose- cutting Attorney Woods told him to tell if he cared to. The officer nam ed Officer Daniel Cosgrove. a for ner liquor squad member. --