New Britain herald., 1928-12-22
APPEAL KEEPS MAN
 FREE OVER HOLIDAY
Doherty Gets Month in Jail for
 Drunken Driving

Convicted of the charge of oper- influence of liquor. second offense. Eugene Doherty, 32, of 213 Clark street, was sentenced to jail for six months by Judge H. P. Roche in police court today. but execution of the sentence was suspended as to five months. Doherty took an appeal to superior court but will vacate and serve one month after the holidays.
 Officer David Doty testified that he made the arrest on North street about 5:15 ?. m. Sunday. December 16. He saw car driven by Doherty zig-zagging on Hartford avenue. cut ting the corner into North street and continuing west on North street, the drivers head being slumped over to the left. As the officer. on his mo- torcycle. pulled alongside the car, Doherty veered it to the left, almost ditching the officer, according to the latter. and it was not until they had reached Erwin Place that Do- herty obeyed the officers three commands to stop.
 Officer Doty observed an alcohol ic odor from him and observed that he was unsteady on his feet. so he arrested him, and Lieutenant Bam- forth and Detective Sergeant Filing CT testified that Doherty was under the influence of liquor when he was presented at the desk at police head quarters.
 Dohery. who was represented by Attorney Thomas F. McDonough. testified that he and and his wife had been out for ride Sunday aft ernoon and he left her at her mothers home on Oak street while he went to John Balocki's home at 27 Holmes avenue. where he worked on an automobile and drank two bottles of beer. He drove Balocki to the corner of Elm and Seymour streets. and was continuing towards home alone when he was arrested.
 Explaining his unsteadiness under police observation. he said he is nat urally nervous and could not con- trol himself because he realized the situation he was in. He drank nothing all day until about 4:t5, and he was positive he drank no wine, nor did he tell Officer Doty and Lieutenant Ba1nforth that he had wine. he said in reply to Prose- cutting Attorney Woods.
 He was wiping steam off the windshield with his right hand and drivirg with the other hand. which caused him to lean far over 10 the left. he said, and he brought his car to stop within fifty feet or so was calling to him to do so. He re- called that while he was walking down the corridor at police head quarters. Lieutenant Bamforth call ed to him to turn to the right and pass through door. but there was no door there and he knew it. Lieutenant Bamforth. when ques- toned about this feature of the case said he did not recall the incident.
 Testimony was offered that De- herty was sober at p. III. Sunday when he stopped at a gasoline sta ton on Oak street and Balocki test flied that he gave him two bottles of beer and believed him able to drive a car when he left him.
 Attorney McDonough said the question to be decided was whether or not Doherty had passed over the border line between fitness and un- fitness to drive a motor vehicle. He is steadily employed in a local fac tory and has his wife and aged mother to support. the attorney said. and if the court could see its way clear to do 50, another chance would be appreciated and Doherty would turn in his operators license and dispose of his car. never to touch a wheel again. In the event of a finding of guilty, the attorney asked