New Britain herald., 1929-09-10
Reputation of Smoke Shop Held
 Against First Time Violator as
 Judge MD. Sake Sets Precedent
Persons Conducting Places Where Others Have Been Convicted No Longer to Be Considered
 First Offenders.

Liquor law yiolators who operate in places where others have been convicted will not be given the con- .sideration accorded to first offend CTS, Judge M. D. SaNc said in po- lice court today as h. imposed a fine Of $2O0 and costs and jail sentence of 10 days in the case oi 'Lucien Bienkowskj, q. of 19f Go,I street, who admitted on the witness stand that he sold liquor ill d smoke shop at T Hartford avenue. 't People who deliberately go into places where convictions have pre- viously been obtained must expect to pay the penalty" Judge SaXe de- clared. We cannot have these tcl- lows going about dofying the law and in these cases there are ahso- lutely no eXtenuating circumstances whatever"
 Joseph Andrzjek. 2o. Of 4 Boot street, who was charged on on count Of violation of the liquor law in the smoke shop, was fined S2"' and costs, while John Golabeck, 2S Of 2S Wilcox street, who was simi. larly charged was gwen the bene. fit Of the doubt and discharged Judge Saxe warned Golabeck tha his police court record would b' taken into consideration and n' would be sent 10 Jail for a lonl term if he IS convicted on any charge again,
 |, Police Term store "DiNe'
 Bienkowski admitted that he wa the proprietor of the smoke shop which the police classified as 'i dive" He was charged on rw; counts. Attorney Lawrence J. Go lon. defense counsel for the trio maintained that it was no nor, serious to sell liquor "on Hartfor, avenue than on Vine street" and i liquor was sold in a hotel "on ; silver platter" the seller was jus as guilty as one who did bushes. Tin a dive"
 ,s Officer E. B. Kiely testified tha he and Sergeants T. J. Feeney anC Patrick O'Mara raidcd the stor' last Friday night about S:15 o'clocl after seeing Golabeck and Andrz 'jek accompany men into a req room, locking q door after them The raiders were across the stree in a concealed vantage point ano also saw Bienkowski go into tn, vacant store next to the smoke shop and driving away in an automobile
 When the raiders rushed into tn smoke shop. a man named Marsl called out, Watch out. watch out and Golabeck dashed into tn street. smashing bottle on th sidewalk and continuing along tn street with Sergeant Feeney at hi heels While Officer Kiely was mop ping up the alleged liquor from til bottle. off the sidewalk with Handkerchief, Sergeant Fccney re turned with Golabeck under arres '' Seeing Officer Kiely holding small tin pan containing the ev dence, Golabeck broke away fror his captor and leaped on Office ,Eiely's back, spilling some of tn alleged liquor and starting a igh which was not finished until h was on his back on the sidewal land securely handcuffed.
 Objects to Evidence
 Only a small amount of allege liquor was recovered and Prescott ing Attorney Woods, asking Jud Z Saxe if he wished 10 smell it. re marked that it was strong enouG to knock a horse down." Judg Saxe smeled it and Attorney Colo Objected to it's admission on tn ground that it must be proven tha dt was on the premises for beVerag purposes. Judge SaXe admitted as evidence.
 ,s Describing the activities in th Smoke shop Officer kioly said in customers are admitted to the res room. the door is then locked an the customers come out "just liR fhey vote on election day" As the key to the vacant store next ,-the smoke shop. Officer Kioly sat is was secured hy Sergeant O'Mar from Bicnkowski
 TestifynG 10 tho reputation of II ,fmoke shop. Officer ki"ly said ! -has seen many mon intoXicatc there but hc admitted, in reply Attorney Colon. that he never a .rested anyone there for drunkcl eness.
 And you never saw a drir