New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-12-20

theater between 1880 and 8 o'clock
and same out shortly after 10
o'clock, and she also described the
program. Her brother, who attends
the State Trade school, gave similar
testimony. He was the last one to
retire Monday night and he was GER
tain that his sister and her husband
were at home.
Attorney McDonough claimed that
the state had not proven the trans
porting charge, and he called the
courts attention to the fact that n
though Officer Wagner was certain
Of difference between the cap held
by Niezgoda in court and that held
by him yesterday in the detective
bureau. the caps were one and the
same because Niezgoda had not left
the police station from the time of
his arrest shortly before noon yes
terday.
Lawyer Says Police Are Slipping
Attorney McDonough made the
point that the state should tell the
court the name of the owner of the
car, and Mr.. Greenstein replied that
the state was not obliged to do SO.
Attorney McDonough charged that
the state was afraid to give the in
formation, to which Mr.. Greenstein
replied that the car is in the Gus
tody of the police and if the owner
claims it he will be prosecuted In
the event that the police are able 70
show that he had any connection
with the transporting of the alcohol.
They have had the car since
Monday and here it is Thursday and
they haven't got the owner yet. Just
like the Rothstein case in New
York. The police are slipping" At
torney McDonough said.
I'D like to show that if these
people We're at the theater from
7:45 to 10 o'clock Monday night they
saw the feature picture more than
once" Mr.. Greenstein said. I'D like
to have someone from the theater
here on that point"
"Well, there's a young lady from
the theater, right there" Attorney
McDonough said. pointing out Miss
Burnitske of 96l Stanley street
cashier at the theater. Il don't know
what she's going to say, but I'll call
her." Mr.. Greenstein said. and the
young woman took the stand.
Girl Thcater Cashier Testifies
In reply to questions, she said
features vary in length OF time re-
aured to show them and as gen.
eral rule the last showing starts at
9:25 o'clock and continues for
about an hour and half. How
ever, she said in reply to Attorney
McDonough, it would be entirely
possible for the picture in question
to have deviated from the average
time requirement.
After Judge SAKE found Niezgoda
not guilty Of the transporting count,
Mr.. Greenstein asked him to pass
on the charge of driving without a
license. HE has pleaded guilty and
the officers tell me that he has been
driving right along--," he be-
gan, Dut Attorney hClooHouSu III
terrupted and declared that it was
unfair to proceed in this vein.
Now just a minute" Mr.. Green
stein answered. Under a plea of
guilty the state can say anything it
wishes, and the defense can refutc
it If it cares to-
1.-THE state also can produce the
records Attorney McDonough as
serted. "Where are the motor We
hicle records? You say the police
tell you something. Why not put
them on the stand? The whole thing
is the police want to ride this young
fellow now because they failed to
prove the transporting charge. i
saw the chief whispering to you"
Mr.. Greenstein said the attorney
was not within his rights in making
such a statement AS matter OF
fact, he said, Niezgoda has not had
a license for 1927 and 1928 but he
has been driving and the officers
saw him driving and arrested him.
The subject of Chief Harris whisper
was the length of time required for
the showing of the picture which
Niezgoda and his wife and brother
in-law claimed to have witnessed.