New Britain herald., 1928-09-20
RESTAURANT MEN
 VIOLATE DRY LAW

@ldDll1LH End SlM, hl.
 in Hdd taf msha Court
 TWe rsstaurant proprietors wers
 eoavictsd Of vielation of the liquor
 lsv. ia pelics court today, Michael
 dsraimAuakas. ased 37. of IT
 DwigAt street, pleading guilty and
 accepting . fine ef $lS0 aud ccsts
 aAA . suspended Jail sentence of 70 1ayu. wAils ealvatore Fassina of 1ls
 AeeA stssst vas bound over to the December term of superior court tn
 tt.Seo beads e . third offender.
 h ths 0ardimauskas cas-. Prose- eutiag Attorney Woods said Officers Rely aad Lisbler seized | bottle of sllags4 liquor in | restaurant It 13s
 ClnA strest yssterday. but 0ardi-
 mauikas claimed hs had 1t for his own uss. and thers was absolutely no evidence of reputation or an &C., tusl sale. 0araimauskas waA con- vieteA twice before on the same eAares. but in consideration of his plea ef guilty and the fact that the skats would have difficulty proving the eharss in this instance. Mr. weeds said hs was making the accommodation for tho compara- tivsly light penalty.
 Judgs 6axs told Attorney E1au- rice Rosenberg. representing Gardi- lnauska2 to imprass upon the lat ter that hs faces the possibility of | loag term in jail if he continues leaving himself liable to arrest for liquor law violation.
 In the Faxsina case. Attorney Law rence J. Colon contended. after con- siderable evidence was before the court, that the state had failed to prove the charge. but Prosecuting Attorney Woods replied that the testimony of several policemen was 70 posttivs that there was no ques- ton of Fa1sina's guilt, not to men, ton the evidence of | man who had actually bought wine in Fax-ina's restaurant, known on Arch street as the spashetti joint"
 Judge 6axe said there was some evidence before the court which, of itself. might not be convincing. but the cumulative testimony was strong and left no doubt in his mind as to the guilt of Fasxina. On the bond. MT. Woods asked that 1t be raised from Sl,oo0 to s1,5o0, and Attor- ney Colon tried to have it left at 41,o0o. pointing out that Fazzina had not run away even though he knew full we'll that he would be bound over If convicted this time. Judes saxs felt that the $500 bond should be posted but said he would hear the testimony in the event that Fazxina was entirely unable to raise that amount.
 Evidence of Liquor Found
 Officer E. B. Kiely testified that he and Officer J. NJ. Liebler raidsd the restaurant about 4:20 p. m. Sept. IS. There were i've men in two compartments in which are tables and chairs. Two of the men wers under the influence of liquor. The officers asked Fazzina if he had liquer on the premises or sold any and received . negative reply. but | search disclosed . soda water bot tic partly filled with liquor behind . slab which was against tho wall in the kitchen.
 On | bench in the kitchen was | glass jug partly filled with wine. an- other glass jug with a small quantity of> wine, and . milk bottle about one quarter full of wine. Fazzina told the officers he had the wine for his own use and disclaimed all of tho presence of the bottle of liquor although the name of the soda dealer on the bottle was the same as that on other bottles in the place.
 Prosecuting Attorney Woods read the results of the chemists analysis of the wine and liqror. The alco- holic content of the liquor was ss.s2 per cent by volume and so.5o per cent by weight. while one sample of the wins was found to have an al- 1 coholic content of 6.b5 per cent by volume and 5.3s per cent by weight. mother was TOT per cent by volume lnd s.34 per cent by weight. and the third was 3.10 per cent by volume md 2.50 per cent by weight.
 The analysis, according to Officer | Kiely was made on the insistence of | Attorney dolon.
 Saw Customer Stagger Out
 Relative to the reputation of the the officer said he had Ut in an automobile . few times md seen men come out under the influence of liquor and he had a iirect admission from one man that ae had purchased two cups of wine Tor 2s cents cup.
 Cfoss examined by Attorney Colon. he oflcer admitted that he did not 'Ae the men going in and % hA :ould not testify as to where they rot their drink. That it is possible 0 buy food in the place. the onicer Admitted, but there 10 no large cof- 'se urn in the kitchen. only an ordinary household coffee pot. From the street it ii not possible 0 ees the occupants of the com ,artments. the oficer said. 3.
 As to the condition of the men cen coming out the o6lcer said he iottced that they were staggering. Asked whether they were drunk. the 'mcer said he does not consider . AAn drunk if he is able to walk and aks care of himself. but if he falls town and cannot ret up, he is Trunk
 Omcer Lfebler's testimony was imilaf to that of Officer Kiely in |