New Britain herald., 1928-06-30
TN ROLE EOF LAWYER 'QU|zzES POLICEMAN
Youthful Truck Driver Conducts
 Own Case in Court

Acting as his own counsel Milton Homcrslcy. aged 2%, of Topstield.
 Mass, d small town about 15 miles beyond Boston on the road to New
 buryport, cross examined Officer | David Doty in police court today rel ative to the method used by the off
 cor to test the brakes on Homer
 siey's automobile truck. Judge Sake
 suspended judgment on the charges
 of driving with improper brakes and
 laltng to have the maximum carry
 ing capacity and light weight dis
 played on the side of the truck, but
 imposed q line of $l5 and costs on
 the charge of overlooking.
 Philip Segal. aged l7, Of 79 Com
 mercial street, Lynn, Mass, was fin
 cd $5 without costs on the charge
 brakes He had no defense except
 that he believed the loot brake was
 in working condition, but Judge Sake
 told him it was not enough to have enc set of brakes, especially in view of the long trips the truck makes and the amount of driving on hllly roads, where the emergency brake must Dc used considerably
 Officer Do,y was detailed about
 5:2o o'clock last evening 10 go to Roberts street. complaint having been made to Lieutenant Bamforth that two men engaged in selling wood from trucks were making a disturbance. On Roberts street the officer learned that the trucks had gone north on south Main street and he followed on his motorcycle. until he overlook Homersley and Segal near the State Normal school on Stanley street.
 The officer noted that the brakes did not appear to be working pro- perly, and the load of kindling wood appeared 10 be quite heavy. At Rus sell X E,rwins factory. where the trucks were weighed, it was found that Homcrsley's load was 1900 lbs. in excess Of :he weight allowed by law The officer said he noticed that Homerslcy used the reverse gear pedal to stop the truck, the foot brake being useless. Detective Ser pcant Elinger testified along similar lines.
 Iiomcrslcy. taking 8 seat at the counsel table on invitation of As sistant Prosecuting Attorney Green stein when he expressed a wish 10 ask some questions. interrogated Officer Doty at length. If developed that while Homersley was driving the truck on Commercial street, the officer put his toe on the brake : pedal and if almost went 10 the floor but did not stop the truck. Homer sley wanted to know whether or not : the officer had ever driven four ton truck and the reply was in the i, affirmative. He also wanted to know | whether or not there was q law against parking in front of fire , station, explaining by implication that the reason he did not pull up in ! front of the police station when the |, officer ordered him to do so was that the police and fire stations are /. adjoining buildings and he did not 1 want 10 risk prosecution by stop I ping in front of them.
 Relative 10 the weight of the load of wood, IIomersley told Judge Sake , that the laws in MasSac husetts are | different from those in Connecticut, [ and also, he wood was rain soaked ! after having been exposed for sev- ] eraI hours, which accounted for some of the weight. Judge Sake told ! him that Connecticut regards over | loading of trucks IS very serious, | and in this case, the load weighed 1 53Oo pounds. ali hough the rrgistra- ton permitted it 10 be only 40O0 pounds.
 In Segal's case, Officer Doty testi- i fled that the hand brake on his ' truck was useless and the foot brake | was pretty fair" Judge Sake re- that he would take into l consideration Segals youth and his 1 clean record.