New Britain herald., 1928-01-11

seant o'Mara have dropped in frs- Quently.
 Asked if hs or Sergeant o'Aara had the search warrant with them every time they went into the store, he replied. Not to my knowledge" He has seen Montanile in the store a number of times, he said.
 Salvation Army Man Buys Aqunr
 Henry Wood, . caretaker at the Salvation Army barracks. testihed that he bought . bottle of alleged liouor in the store within the past three weeks and paid $l for it. He was unable to point out the man from whom he bought the bottle. AS he recalled him he was of medium height and stature and wore an overcoat.
 There vas a woman behind the counter and Wood left the money on the counter and went out im- mediately, as he wanted to get Tn and out as quickly as possible James McDermott of Main street. a states witness, testified that he { has bought cigarettes. soda water and ginger ale in the Maietta store, but he has never bought liquor these He denied that he had ever told Sergeant O'Mara liquor could ! Al CfnTc.
 Cross by Attorney Me lDonoush. McDermott said he mas seen men in the store purchasing merchandise but he never saw any one buy liquor there.
 Some of the men you have seen in the store take a drink when they can get it. do they not?" Attorney McDonoueh asked McDermott,
 "Yes. I'd take a. drink now 1t could get it" McDermott replied.
 Thomas Higgins, a states witness testified that he has never seen )lauor sold i'll the store. He huys itohacco there very often. It is pos sjb,e to buy articles on credit there he said. and number Of men trade there on that account Relative 't the testimony of Sergeant OMars concerning the fifty cent 'touch, Higsin. said that the sergeant gaNs ! his twenty-five cents on a, sunda! morning almost six weeks ago ane he bought a paper of tobacco II
 Maietta's store and newspaper Il | Ia know whether Sergeant O'Mara fol
 lowed him to the store or not.
 "Who Don't" Drink
 "Mr Higgins. many Of the mel
 YOU have seen in this store are mel
 who take a. drink. are they not t, Attorney McDonough asked. Certainly" Higgins replied. "Wh' dont?"
 Attorney McDonough and Prose cutting Attorney Woods engaged il a debate on the law relative t : search. The former insisted that Ser . eeant O'Mara had no legal right t ) search Montanile but Judge Sax said he felt the state had presente a. great deal of evidence connectIn
 someone with the liquor found o = Montanile.
 = Attorney Mcponough adnitte = that the alleged liquor was admls E sible against Montanile beyond a : question of doubt but ii was not ad n missible against Mrs. Maietta ht F. cause the state has not offered an Q evidence that Montanile is an en q ploye Of the owner of the store. s the very most. the state has offert
 evidence that Montanile has been IS the store few times, the attornt Il declared.
 m Judge Sake sand there was e, l. dence that a sale of alleged llqu r. was made in the store. There VI = also the bottle found in the celia
 and evidence that Montanile's pre-
 enee in the store the day of the ra
 was not an isolated instance. ]
 things considered. the llquor shou
 be admitted as evidence again
 Mrs. Maletta, Judge Sake ruled,
 Attorney McDonouEh argued tn
 Woods testimony was not etron E. because Wood was not positive as ,y whom he bought it. The states og a witnesses sad men bought tobac is and similar articles in the store, D. no liquor. he pointed out. and al felt that q case had not been ma el out beyond a reasonable doubt. " Prosecuting Attorney Woods , ID piled that the charges had be
 proven. He said the testimony g. Mir, Wood rang with truth, and t $. testimony of the police also su Ie. ported the charges.
 ed Denies Discharge Motion It Judge saxe denied the motion I Attorney McDonough for d
 charge and Montanile took the NJ hy ness stand and testified that an ; #; quaintance sold him the liquor Is, police found in his pockets, ee s115 on Clinton street. The '; ps qusintance- told him he wished
 dispose of it because he did not "; ys. to continue drinking.
 pts He had the bottles in his peck he all day, and he had been Tn lg- Maletta store only 9 few minu it when the two sergeants came in.
 has never been employed in
 store and he has never sold liq
 there or any place else, he $;
 Relative to Sergeant Flynn's te
 monv that he had seen the Nitr in Maitta's store several times NJ
 'an,le said Sergeant Flynn could v compel me from going into q r lie store
 Cross examined by Prosecu il Attorney Woods, Montanlle said 2 bought the bottles from a man n r. II cd "Ilick He did not know "njc