New Britain herald., 1929-06-13
COURT SlLENCER
 0N STORE MUSIC
tcontinued from F,rst Page,

(Continued from Ftrst Pa9e) convinced that the offense commit ted was propArly within the scope of the statute on breach of the
 Wars Agalnse Repetition
 On the other hand. he pointed out. he could net Ind that the offenders were deliberats about it. and he be- lieyed Nr. Brodrih when he testified that he weslA not have allowed the disturha1ce to continue had he known e many people in the vicin- fly of the stors were annoyed by it. In suspsnding judgment without inn posing any penalty, Judge Sake said tt must be understood that the dis turbance must not be created again and if it is, he would impose a heavy fine as provided by the sta- tute. II do not expect to be obliged to, however" he said.
 Tho trial lasted about two hours. Tho warrant charged the owners and manager with committing ! breach of the peace on April e4. May es. 24, 25. 27, es and 2s. At torney. Leo V. Gaffney defended. He said after court that no appeal would be taken.
 Doctor Tells of Annoyance
 Dr. William F. Flanagan testified that his office is at l,3 Main street. directly across the street from the store and he has been annoyed bN the loud speaker. The same record was played over and over again, he said. Asked to describe the noise he said it was supposed to be music" /"
 In reply to Attorney Gaffney the witness said he had never made a written complaint to the police about It.
 ''Dr. Flanagan. you are here this morning simply because Sergeant McAvay asked you to be, are you noto" Attorney Gaffney asked.
 No. One day l asked Sergeant McAyay when he was going to stop that damned nuisance" he answer ed.
 Asked if he ever was annoyed by music in front of the Strand theater. the witness replied negatively.
 Too Loud to Be Musical
 Noah Lucas, treasurer of the Saw ings Bank of New Britain testified that the noise was loud and annoy ing to the employees of the bank.
 He said it vas too loud to be musical and in reply to Attorney Gaffney he said none of the bank employes had ever told him they en- joyed it. It did not annoy anyone in the bank while the windows were closed. he said.
 Edward N. Stanley. president of the Savings Bank of New Britain, testified that the noise was very an moving. It might not be so if per- son had nothing to do but sit back and relax but If one had anything to do it was very harsh and annoy ing.
 Dentist Complained in April
 Dr. Charles w. Lee testified that he has a dental office next to Dr.. F'lanagan's office and he complained in April by letter to the police that the amplifier was nuisance. He said the billboard on the roof acted as . sounding board and threw the noise across the street. It annoyed him and made him so nervous he could hardly do his work.
 Finally he found himself waiting for the noise to start and invariably 1t came.
 In reply to Attorney Gaffney. Dr. Lee said he was not bothered by noise from the Strand theater vic- trola. Are you irritable. doctor" Attorney Gaffney asked.
 No. I don't think SO. My wife and have lived together for 80 years now" he answered.
 Carlson Made Complaint
 Adolph Carlson testified that he never wrote to the police about the noise but he met Chief Hart one day and asked him to do something about it. He has an office nearby and his clerks were unable to concen- trate on their work because of the noise. The same tune is played over anu over from early morning until night.
 Alderman J. Gustave Johnson tes- tified that he has an office at 131