New Britain herald., 1928-06-12
JUDGE BELIEVES
 POLICE WITNESS
Motorcycle Cop Positive limco
 Drove Speeding Auto

Choosing to believe the testimony of Officer Thomas Blanchette rather than that Of motorist, his wife and a friend, which was directly contradictory to the officers story, Judge H. P. Roche in police court today found John Timko, aged g, of G Clinton street, guilty of the charge Of speeding and fined him Sl5 and costs. The original charge was reckless driving but in the opinion of the court the evidence did not support the charge because there Was no proof. that the safety Of others along West Main street had been ieopardized by the last driving Of a man said to have been Timko.
 Officer Blanchetts testified that he was riding his motorcycle west on West Main street between 1.:10 and 1a:3U last Saturday morning and saw an automobile come out of North Burritt street "on two wheels" He recognized Timko as the driver and suspecting that he had no license, he gave chase, but was unable 10 overhaul him. The speedomerer on the motorcycle was found to be inaccurate and was taken off the machine yesterday. the officer testified, but even allow ing for the fact that it recorded q sn,aJ nf ,,1ilnS machine was actually going, the motorcycle was travelling between 6o and 70 miles an hour. The mo- torist crowded the officer to the side of the road at one point, and when the turn at Cook street, leading to Pennington was reahced, the auto- mobile took it but the officer would not risk it because of the speed. He lost several hundred feet as a re- suit ot passing the corner and com ing back and although he stayed in the race, the motorist retained the advantago. turning into Pennington avenue and returning to Piainvile, where he lost his pursuer, who could not determine whether the trail led to New Britain or to Plainville. The next day Timko was arrested on warrant by Sergeants r. J. Mara and r. A. McAvay.
 Positive in Identification
 Questioned by Attorney NJ. A. Sex ton, who appeared for Timko. Of'l- cer Blanchette said he was positive ta ha ilantit, of Iri, he had not considered it necessary to inquire from the state commis- soner Of motor vehicles as to the car registration, nor had he yet learned whether Timko's license, which was under suspension some time ago had been returned. Rcla- tive to the speed at which the turn into Cook street was made, Officer Blanchatte said he would not at tempt it at the rate of more than five miles an hour.
 Attorney Sexton claimed that the state had not proven the reckless driving charge and Assistant Prose- cutting Attorney Greenstein said he considered 6S miles an hour reck- less, Judge Roche said the fact that the lives of others on the road were not endangered. according to the evidence. caused him to consider the oifense as one of fast driving rather than rccklesSness. Mr. Greensteln said the court had the power to make a finding on a speeding charge under the reckless driving charge without presenting new charge, and Judge Roche did so, and an- nounced s15 fine.
 Denies Driving Machine
 Attorney Sexton, however, asked to be allowed to present testimony for the defense, and called Timko to the stand. His story was that he left his automobile at the gasoline filling station which he operates at Spring and North streets. between 1l;15 and ll:30 Friday night ana was driven to his home in another car. \ friend wanted 10 use I'm kos car at wedding the following day and as there was poSslDllity that Tinko might not have it on hand in time. he left it unlocked at the station. He went to bed about midnight and awoke about 6;30 or GAS in the morning. walking to work and being greatly surprise l during the forenoon to be arrested. Relative to he registration number Of his car, h. said he did not know it for q certainty but he would con- cede that Officer Blanchette caught it correctly. lte dId not know what time the wedding was to be, either.
 Timko next produced d "itrcss who testified that he drove him to his home between fl:15 and ll:3p Friday night, and 11mko's wife tes- tified that her husband was at home from 11:30 D. III. to 6;30 in the morning.
 Certain of Identity.
 Judge Roche asked officer Blan- chette if he was positive, beyond all question of doubt, tha' Timko was at the wAcel and the officer replied that as IT. r&r turned into West Main street from North Bur ritt street. he was able to catch 6 lIlI Nl9W Ol LII" .LlhFf, N AlD NhN wearing d cap an3 It was Tiuko and nobody else. Judca Eolpc said he could not disregard in" officers positive identifinatioa. and hr point ed out that the del.uss Witnesses were the wife and q cos- friend If the alleged speeder. Therefore. he made the finding of guilty
 Arthur w. Hoffman, af@d IT. of 11G Commonwealth aNeuu". pi-a4ci not guilty to the charge ot spea1iua on Beaver street, but Was found guilty and fined S10 and costs, Mo ,orcvcle Officer Louis l.. Harp-r tos- tified that he followed Hoffman on Beaver street. between Beatty and Lasalc streets, at 8:l5 last night and cIocked him at 40 miles an