New Britain herald., 1929-07-30
.H|T-RUN DRIVER
 GUILTY, FINED $50
Higgins Convicted on Charge Of
 EVading Responsibility

Harry Higgins, 2S, of S2 Cedar street, was found guilty of the charge of evading responsibility after an accident, and was fined $50 and costs by Judge Stanley J. Traceski in police court today. He gave notice of appeal to superior court and a bond of $500 was posted. Attorney s Gerard Casale appeared for him.
 Motorcycle Officer William O'Day testified that he went to Stanley street shortly after o'clock last Thursday evening 10 investigate an accident and found a car owned and driven by Nirgino Ortell of East Berlin. with two wheels on the side walk. He was given the registration number of the other car and on go- ing to Higgins home he found Hig- gins at supper. Higgins admitted that he was driving the car but not on Stanley street. When questioned further he told the officer to see his attorney Questioned by Attorney Casale, the officer said the front axle of the East Berlin mans car was bent.
 Orteli told of driving with his wife and children in northerly direction on Stanley street and when near Bingham street he saw Higgins car coming towards him on the wrong side of the highway, two wheels be- ing off the travelled way entirely. He expected Higgins would park in front of a house and when he did not do so, Ortell pulled to the left in an effort to avoid collision. Higgins swung in the same direction and the cars came together.
 Higgins worked frantically until the cars were free and then drove off in northerly direction. while Ortell jumped on the running board and turned off the switch. Higgins frustrated this move, however by pushing Ortell's hand away.
 Meddrick Perry, former police man, testified that he was raking his lawn nearby when he heard the crash. He saw Higgins discntangle the cars from the position into which they had been damned, and drive away while Ortell tried to stop him from leaving. Higgins uttered a vile remark in the presence of Ortell's wife and children, Perry said. He is hit and run driver" the witness observed.
 Cross examined by Attorney Ca sale, Perry said he did not notice what make of car Higgins was driv- ing but it was an open car.
 Higgins testified that he was driv- ing towards Berlin and saw the other car zig-zagging towards him. He tried to avoid collision by pulling towards the center of the road and the other driver did likewise, with the inevitable result. Ortell leaped out and started towards him in a threatening manner, he said, and he thought it advisable to drive away rather than be set upon. He did not want to fight but it seemed as ! though he would have to. and as there was no damage done to either car he drove off. The accident was of such a minor nature he has not even reported it to the motor Ne- hicle department, he said.
 Ortells wife told her husband 10 'go and get that fellow" Higgins as serted. He denied emphatically that he had been drinking and as far as using the language Perry quoted him as having used, he declared "As God is my judge, l did not utter any vile remark"
 Judge Traceski asked Higgins If he had stopped and ascertained the extent of the damage and Higgins replied that it was not necessary to stop and get out of the car to do so as there was no damage done. Attor- ney Casale contended that the statute had not been violated but Prosecuting Attorney Woods said Higgins was as guilty as anyone ever charged with evading responsibility, in local polce court. Attorney Casale pointed out also that Higgins was not on trial for have 'enunciated or pronounced a vile remark but Judge Traceski said it was "a clear cut case" of evading responsibility.