New Britain herald., 1929-08-22
SUB FIREMAN FINED
 FOR SELLING CIDER
Faticoni Assessed $50 on Liquor
 Law Violation Charge

A fine of $50 and costs was inn posed by Judge M. D. SaXe in po- lice court today in the case of Fred Faticoni, S1, of 249 Lasalle street, on the charge of violation of the liquor law in a grocery store at 265 Lafayette street. Faticoni, who is a member of the substitute force of the fire department, was represent ed by Attorney Thomas F. McDon- ough, and gave notice of an appeal to superior court in s200 bonds. The contention of the defense was that Faticoni bought cider with the un- derstanding that it was not intoXi- eating, and it was brought out i'll the trial that after his arrest he had a chemical analysis made of a sample to satisfy himself as to its strength, learning thereby that tht alcoholic content was between and 3 per cent.
 Man Drunk in Rear Room
 Sergeant McAvay testified that he went to the store last Sunday morn ing with Sergeant Fecney and Offi- cer Kiely and found one man asleep and under the influence of liquor ;n a rear room. There were four other men in the place. The store is west of High street.
 A jug of cider was taken for analysis and Faticoni told the off, cers he sold it for five cents d glass.
 Officer Kiely gave similar testi- mony, adding that all the cider in the place was taken out the next day following the disclosure that the alcoholic content was 5.11 per cent
 As to the reputation of the store, Officer kiely told of seeing men of drinking habits in and about the premises by day and night and complaints have been made to the police that cider was sold there.
 Sergeant Feeney testified that he was with the other officers when the jug was taken. Faticon has been in the store for the past three weeks, having returned after an ab- sence, the sergeant said. The repu- tation of the store is that cider can be bought on the premises, intoXi- Cated men having been seen going in and coming out.
 Cider Parties Nightly
 Officer Edward Muszynski testi- fled that men frequent the store an1 drink cider every night and he has seen them intoxicated. He has oft en followed men from Beaver street and asked them where they were going. They told him up to the cider mill to get a drink" Tt is all over New Britain that you can get drink of cider there for five cents," the officer said.
 Attorney McDonough crosse exam ined Officer Muszynski to bring out that there were two or three places near the store having the reputa- ton for liquor law violations
 Officer Charles Weare testified that when he was on Lafayette street beat several months ago the store was known as "a cider joint" He saw men from the Hartford avenue district in and about there every night and he often chased them late at night. While patrol ling another beat in the vicinity he made a practice of assisting Officer John w. Riley to disperse the men near the store after midnight.
 Definition of Rendezvous
 ss-eXamined by Attorney Me- Donough as to what he meant when he agreed with Prosecuting Attorney woods characterization of the store as a rendezvous", Officer Weare said a rendezvous was "a place where anyone can go and drink plenty till they're drunk and if they can get home all right and if not We pick them up.'
 Asked if he knew the names of the frequenters, the officer replied negatively.
 Well, they're well known charac- ters, are they not?" Attorney Me- Donough asked.
 They're well known bums," Off, cer Weare replied.
 Officer Liebler and Sergea n, O'Mara testified that the store has the reputation for the sale of cider and the sergeant added that he had warned Fatlconi's wife twice agains, telling cider and having drinking men on the premises.
 Prosecuting Attorney Woods intro. duced a statement from M. w. Day. export, chemIst, that an analysis of the cider showed no benzoate ot soda which is very significant" MT Woods said.
 Faticoni On Witness Stand
 Faticoni testified that he never sold cider having an alcoholic con- tent in excess of one half of one pe1 cent, to his knowledge. He has had the store eight weeks and never kept open later than 10:15 at night
 Men who drink cidar patronize him, he said, and occasionally stay around, smoking, talking and chew Inf snuff, but he does not permit them to loiter unnecessarily.