New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-09-18
found NOT GUILTY
OF preserve Theft
LaskoWski AkolYd From Steal.
ine WOman's Jars Of Fruit

| nc Ai0y AaNO UbVNCh Alto tbot
cellar. but the case lacks some Of
the essentials to justify me in max
ing a finding of guilty." Judge SAKE
said in police court today. discharg-
ing Henry Laskowski. aged is. of
4:5 North Burritt street, who was
arrested September Is on the charge
| Of theft Of two jars of fruit from
cellar in 4 house at - Orange
street. Laskowski has been in Jail
since his ARREST, In default of 5000
bonds and Is awaiting trial in su-
rerior court on the charge of high
way robbery.
Officer Thomas Lee testified that
! he received information that the
| cellar had been entered and he
| found the fruit jars In the cellar
across from the one from which
they were alleged to have been
taken. Shortly before midnight he
arrested Laskowski, who denied the
| charge.
| Mrs. Sophie Bingiel testified that
the fruit and jars Gere worth
about one dollar. She identified
screw driver as one she had oaned
Laskowski about II a. M. the day
in question. About an hour later
she found the lock had been pAed
| of her cellar door.
She had not asked him why he
| wanted the screw driver and when
he left after cleaning some rubbish
| out of the cellar she found 10
screw driver near her door in the
hallway.
Cross examined by Judge Man
gan. Mira Bingiel said the house Was
owned by Laskowski's mother. who
does not live there. and the young
man was cleaning out the cellar the
day in question. She could not say
| whether or not anyone besides Las
kowski had been in the cellar that
day.
Mrs. Ann Kokloski. who lives in
the same house, testified that she
| saw l.askowski in the yard and
heard noise in the cellar but she did
not know anything OF the alleged
theft.
Ouu6t MuuguA ulONSu IOT utS-
charge on the ground that the state
had not built up a case. There was
| ho evidence that Laskowski had
leen in Mrs. Bingiel's cellar. no evil
dence that the fruit jars had ever
been in his possession. The mere
fact that he had been in the cellar
was not sufficient to make him out
thief. Judge Mangan asserted.
and but for the young mans record
the court might well be incensed AT
the arrest having been made on
such flimsy evidence.
Prosecuting Attorney Woods re-
piled that ,I.askowski did not need
the screw driver to clean rubbish
out of the cellar. He would take
anything he could lay his hands ON
and he used the screw driver to
open the cellar where the preserves
were kept. Woods said.
Judge SAKE denied the motion.
tore the court. Laskowski. in his
own bhalf. denied the charge. He
said he borrowed the screw driver
from Mrs. Bingiel for the purpose
of removing tacks from the floors
in the vacant tenements in the
house.
He did not have the screw driver
when he WAS in the cellar. he said,
and he knew nothing whatever OF
the contents OF any OF the cellars
In the house
Judge Mangan called the atten-
ton of the court TO the straightfor-
ward manner in which Laskowski
defended himself. 1t certainly did
not seem logical to borrow u screw
driver from the very person whose
cellar was to be robbed. and as Il
matter Of fact Il screw driver would
not be needed to remove the hasp
and lock. he said. The young man.
titled to some consideration and he
certainly had not been proven guilty
beyond reasonable doubt.
Ordered 10 support Children
Carl Chmiel. aged 81, pleaded not
guilty to The charge of non-support.
He was brought from Someryille.
n. j.. yesterday by Detective Ser
geant Ellinger, who testified that
Chmiel told him he was earning IS
cents an hour on new school
building in Somerville but had not
sufficient money to send any to hts
wife and three children who live at
10 Grandview Terrace. He told the
sergeant his wife refused to accept
his pay envelope and ordered him
to leave their home, in May. and he
went and never communicated with
her.
Mrs Chmie1 testified that she
learned through third party that
he was In Somerville. He has an
affinity there. she said, and has Oft
en- declared that his affection for
her was greater than for his wife.
He even sent money to Europe to
bring the "other woman" to the
United States, she said. She needs
s. week to support each Of the
three children. whose ages are II.
9 and years. She supports her.
self but cannot keep up payments