New Britain herald., 1928-08-28
SOLDIER TOOK GAR,
 SENTENCED ID JAIL
Claimed He Feared OVerstaying
 Leave From Camp

A jail sentence of 30 days was im- posed by Judge Henry P. Roche in police court today in the case of Will liam Hirst, aged 19, of Providence, R. l.. on the charge of taking an automobile without permission of the owner, the charge having been changed from one of theft because Assistant Prosecuting Attorney w. M. Greenstein found the necessary clements of larceny lacking in the circumstances surrounding the incl dent.
 Hirst was in the army when he took an automobile owned by the Patterson-Chevrolet Inc, near the latter's place of business at 98 Arch street the night of May 24, his pur- pose being to drive to Providence in crder to reach camp in time to avoid punishment for overstaying his leave. according to his counsel, Attorney H. H. Milkowitz, who entered a plea of nolo contendere. There was not suf- ticient gasoline in the car for the trip. and Hirst was obliged to walk several miles to camp, the attorney said. thereby defeating his intention of having his mother arrange for the return of the car to this city. The car was found abandoned, but not damaged.
 In the meantime, Hirst was arrest ed in Hartford for theft and yester- day he was released after having served three months. Detective Ser seants McCue and Ellinger brought him here for trial, and MT. Green stein asked that the local court take jurisdiction and impose a jail sen tence of 30 to 60 days. Attorney Milkowitz asked that the sentence be suspended, but Judge Roche would not do so, pointing out that the charge was serious and but for the recommendation of Mr. Greenstein that jurisdiction be taken, a probable cause finding with a bind over to su- perior court would have been inc vitable.
 Struck In Self Defense
 Judge w. r. Mangan, representing Alexander Huck. aged 33, of 326 Church street, convinced Judge Roche that the element of self de- fense was present when Huck punch cd William Marno of sos Church street during an argument over money in a crap game Sunday, and Huck was discharged. Tho latter then withdrew his complaint against Mrs. Josephine Appola of 30S Church street, who was arrested last evening otherwise abusing him as reprisal for his assault on Marno, who boards ather home, and a nolle was entered in her case.
 According to Marno, the crap game resulted in considerable money changing hands and he went broke. He was talking to another player with his back practically turn ed to Huck when the latter punched him and knocked him to the ground, one of his teeth penetrating his cheek, near the lip.
 He denied that he was armed or made any move to draw a weapon, but Huck and two witnesses declared that Marno pushed Huck with the left hand and flashed his right hand to his hip pocket. Huck testified that he spent nine months in a hos pital some years ago as the result of stab wounds and naturally he has ever since had mortal dread of a knife. Marno owed him $1 but would not pay it. Huck declared. When he demanded it, Marno made the suspicious move and Huck punched hin. Later, Huck con- vinced Marno of his debt and the latter paid it.
 Mir. Greenstein contended that the assault was not justified. He re- marked smilingly that the phase of the case that impressed him most was the fact that there were men in New Britain who were so familiar