New Britain herald., 1929-10-07

Innocent Bystander-
 Fines Imposed for Dis
 charge of Firearms.
 Edward Backus, IS, of 4G IIurl- burt street, convinced Judge M. D. Sake in police court today that he was not with crowd of young men who were gambling with dice on the Smalley school grounds yesterday when Sergeants Feeney and O'Mara and Officer kiely rushed in and broke up the game. Joseph Notjlla, 19, of S4 Wilcox street and Howard Stauberly, 20, of S2 Lake street, ad- mitted that they were in the game and pleaded guilty 10 the charge of gambling, but Backus maintained that he was on his way up to the lot near the school for a scrub game of football which he and some of his friends enjoy every Sunday when he saw the police interviewing some J went over to listen. Sergeant Fee ney grabbed him and brought him to the police station despite his protest that he had not been in the game
 Questioned by Assistant Prosecut- Ing Attorney w. NJ Greenstein Backus admitted that he played dice in the school yard some time ago, but he had been away for more than two months. Sergeant Feeney how ever. testified that he recognized Backus running away with a num- Der of others. Officer Kiely could not identify him, explaining he was driving the car carrying the raiders
 Judge Sake discharged Backus and suspended judgment in the cas- es of Vojtila and Stauberly. He also suspended judgment in the case of Joseph BednaZ, 17, of 295 High street, who was the only card player caught when the three officers rush. ed into the Washington school game which was going full blast on the steps of the building.
 Assistant Prosecuting Attorney Greenstein called the courts atten- ton 10 complaints lodged with the police by Superintendent of Schools s. H. Holmes about the practice of using school property for card and dice games on Sunday. It was to in vestigate these complaints that the officers drove about yesterday. Judge Sake sounded warning that persons arrested for gambling in the school yards in the future will be severely fined. He was inclined to be lenient with the trio convicted today be- cause of their previous good records.
 Bottled Goods Seized
 At the home of Rocco Mascolo, 26 of 152 Beaver street, Saturday night. Sergeants O'Mara and Feeney and Officer Kiely seized a quantity of bottled goods, said to be liquor, besides labels, corks and other equipment said to be connected with the business of coloring and bottling alleged liquor. They arrested Mas colo on two counts of liquor law vio- lation, to which he pleaded guilty through Judge w. F. Mangan. and a continuance until Thursday was or dered.
 Nearly Shot Man and Wife
 John Toczko. r. of 563 Burritt street, and Alexander Dludolenski, Is, of 136 Smith street, pleaded not guilty to the charge of discharging firearms without permit from the chief Of police. They were turned over to Officer James Kelly about 5:30 o'clock last evening by Stephen Waskewicz of 151 Governor street.
 Waskewicz testified that he was cn the veranda of his home when a bullet crashed through window and imbedded itself in the wood- work. He warned the young men calling their attention to the dan ger of shooting someone, but a few minutes later he saw them shooting again, so he took the rifle from them and held them for the police.
 Toczko admitted ownership of the rifle and also admitted that he haG no permit to use it. He bought i few days ago, intending to gc hunting, but he could not resist th, temptation to try it out, He and his tOlll ldHlOll htL uD d target lUI Ildt' tice thinking it safe, and when Was hewcz spoke 10 them abou. thu danger they fired the two remaining snots into the bank of Swanson' pond.
 Judge SaXe imposed fines of $ and costs and remarked that i might be well not to grant permit 10 discharge firearms to the yOunl men in view of their carelcssnes with the rife,
 War Veteran on Probation
 Joseph Kenncy, %. of lG3 Hart ford avenue, pleaded guilty to tn, charge of breach of the peace, an, Assistant Prosecuting Attorney w II. Greenstein recommended a ] days jail sentorce with probation Supernumerary Office Charles " Lesevicius testified that he ;n, Supernumcrary Officer Mullen mad the arrest about 5;f0 o'clock Satur day evening on complaint Of Ken neys wife. Attorney Yah Sabl represented Kcnnay.