New Britain herald., 1928-04-30
COP HIDES IN CELL
 AS EAVESDR0PPER

Weare Attacked by Atty. Cali. ney as "0rdinary Stool Pigeon"
 Officer Charles Wcarc was charaC- iprized as being in the class of "an ordinary stool pigeon" by Attorney Donald GafIncy in police court to- ,lav, during tha trlal ot Edward Helm, g.d Sl, ot 54a Stanley street. and Henry Tcrscll. aged 27, ot %aG Park street who were charged with breach Of the peace and assaultins William Smyrk of Maple Hill on April 92 The officer had testified hat he was placed in a cell between cells occupied hy Helm and forsell after their arrest, and Tn the dark ness he Wrot" on rl"Co of paper hts Of the conN ersatlon that passed between them The, did not know he was Istonine. hc salI. He was questioned hv tttornrN Gaffn"y as a whether or not II was fh" practice of the police 10 attempt 10 obtain ,Nldenc, n this manner and he ra- rlied that h" dli not know. as II vas the first tune he had been given sEch an assignment, He said he was in tn" Cell A. minutes aui Helm and orssll talked about the SmNrh ln- ,rleu', Helm telling l'orsell h" was r-aius to plead intchication. Al that t,mc. in, charge acanst them was ,st,npiol highway robbery. Sergeant N~t,aN ordered hIm 10 hlle in thH ralI, h. said in reply 10 Attorney t0ffnrN
 Judge SaNc found Helm and For aall gpilty and fined each so and costs. with suspended Jail sentences uf 3o days in each case. He said he "as convinced that Smyrk had been 'l, aaultcd by them, Attorney Gaffncy -, 1lc ncticu oI an appeal to super tor court ill S.ho bonds in each case
 Sunyrk testified that he was at the raruer ol Chestnut and EigcloW
 rputs waiting for a trolley car to take him home when Helm and For :"ll approached him. He had d dollar Hll in his hand preparatory 10 pay ln- his fare and torsoll grabbed at 4 and tore Il. Helm threw his arms bout him and he was forced to ficht both of them. lie was holding his own until l'orscll punched him in hc eye and then Helm and Forsoll Ig.Tt l, H.. ,1 l,i garage to call the police. In reply io Attorney Gaflncy, Smyrl> said he comes 10 New Britain very seldom and he was not familiar with the trolley schedule. He had been visit ing d sick fried, he said, prior to be- ing attacked.
 Helm. whose hands arc off at the wrist, testified that he was intoNiCat- cd and could not recall anything prior to being arrested at his home about o'clock in the morning. For sell, who said he had been drinking but was not intoxicated, testified that Helm asked Smyrk for cigarette and neither he nor Helm made the slightest move that would justify Smyrk in suspicion that they were about to attack him. Smyrk. instead of giving Helm cigarette, struck out with his fists and Forsell fought hack in self defense, according to the latter.
 Sergeant r. A. McAvay testified that he was at police headquarters about 1:15 a. m. when Smyrk made he complaint. Smyrk had been drinking. the sergeant said in reply to Attorney Gaffncy, and was uncer- tain as to the time of the alleged hold-up, first saying it happened about 1o30 o'clock and later fixing he time as "a little while ago" The sergeant said that the clothing Of the 'hree men was muddy, indicating hat there had been rough and tumble encounter in the street.
 Officer Woare testified that he had scen Helm and forsell near Bigelow and Chestnut streets, consequently he suspected them as soon as he was old by telephone from headquarters hat complaint of an attempted hold up had been received
 He and Sergeant MCANGy and Lieutenant Rival questioned Helm %ud Forsoll at length in the cap- tfin's office at headquarters after the arrests, and he observed that Helm was no'ic"ably intoxicated. he said when questioned on this point by Attorney GaffntN.
 Prosecuting Attorney Woods told the court he did not believe For eell's story. as II was not req sonablc to expect that Slryrh or any other nan in his right senses would strike ut with his fists on being asked for a cigarette. The offensc "camc mighty near being highway rob- hery." Mir. Woods said. and as for ittorneN Gaffncs's reference to the plantlng Of Officer Wcare in the cell, ,t is a practice that has been used bv police all over tine country for yoars. and the courts have held that u IS entirely proper as method 10 convict criminals.
 Attorney Ca affney. taking Inc tcs'i- nony of tho WitHesscs piece by pioc". ciaimed that there was no case Sainst Helm and Torseil, despite Inc demand Of the prosecuting attor- uey for conviction, He expressed tho nope that the planting of officers In cells 10 listen to conN ersations be- tween prisoners who are drunk or n7ost drunk IS not 4 Colnmon rr1C- ice in thc local police department. md he also criticized in" practice of having cards. bearing the records Of accused persons. on the judge s bench for the purpose, apparently, of influencinE the court against tho defendants. He pointed out that al though there are several entries on Fcrsells card, tho fact is according 10 Probation Officer Connolly. that