New Britain herald., 1929-11-18

not have arrested scanlon had he not "got fresh"
 Then you did not arrest him for driving under the influence Of l- quor?" Judge Mangan said
 "Yes, l did" the officer replied" |" I wanted to talk 10 him before arrested him. l like to give every man a break
 ] The officer denied 10 Judge Man gan that the reason he made the committing an assault on Scanlon i by striking him.
 | Officer P. C. Cabclus. acting ser i Geant, and Desk Sergeant NJ J. | Flynn testified that Scanlon was i unfit to drive a car after Officer ! Johnson arrested him. There was an odor of alcohol apparent and the youn., man was unsteady on his ! feet. they said. In reply to Judge l MangGn, Sergeant Flynn said Off, cer Johnson told him he would have 1 chased Scanlon home and ordered l him not 10 drive the car any more that night but for the fact that he was fresh"
 Blow Could Cause Dizziness Judge Mangan dwelt on the pos sible effect of slap in the face or blow on the chin. and Officer i Cabelus told him he had experience with punches, having had tn } gloves on" with Officer Delbert Vel ] ey a number of times at the Y. VI. l blow and feel it for several min- utcs afterwards in the form of a sensation of dizziness.
 You think once is enough to 1 have Officer Vcley hit you, do you .'' Prosecuting Attorney Woods .c- marked.
 I'd say so," Officer Cabelus an- swered.
 Sergeant Flynn testified that Scanlon did not know whether it was day or night when he was ar rested. He was pretty fresh" also, according 10 the sergeant.
 ". A. Judson Of 2i0 Chestnut . SlI tft' lii6llb Sdlt ttIlu-i at thE Main street crossing testified that he was talking to Officer Johnson when the latter stopped Scanlon. H" did not happen to be looking when the officer slapped Scanlon. Drunk at Bachelor Party Scanlon testified that he was at a bachelor party at Hart's pond n | kensington the night previous 10 the arrest. He had two drinks Of liquor and then went out and sat l in the car for a while because he did not feel well. You're sure you did not go out to sober up?" Judge | Traceski asked. and Scanlon replied that he had not gone out for that purpose. He drove two friends to West Hartforu and felt capable of driving. and on returning he park. cd on Main street and started across l the street to a restaurant.
 Thought Johnson Was Pooling
 Officer Johnson asked him Where the hell' he had been, and he replied by asking him What the help hH wanted to know for. Hc thought the officer was "fooling but when the officer demanded 10 see his license and he gave it 10 him. He did not make any move to strike the officer but the latter slapped him in the face. He knew l Officer Johnson and often talked to him when the officer was on the West Main street beat
 Cosgroye Heard Sound of Slap Officer Cosgrove testified that he was at the police signal box near the railroad crossing and saw Scanlon get out of the car and walk across the street Officer Johnson stopped and talked to him for while and Officer Cosgrove next heard the sound of slap in the face admin istorrd by Officer Johnson 10 Scan lon. The officer then rushed Scan lon across the street by the arm and put him in the car.
 "I thought had seen enough, and turned my head Officer Cos grove said. Why did you not wai' and see the finish ." Judge Tracesk asked. Well, Officer Johnson hat him in the car by then,' Officer CosgroVe answered.
 When Officer Johnson returned from the police station from the DO lice station after having locked Scanlon up. Officer OKeefe asked him what the charge was, and va! told it was driving under the in nuenco of liquor" we met Acting Sergeant cabelus later end told hin wo had just witnessed brett, cowardly act" Officer Cosgrov' continued
 Believed Scanlon Was Normal
 Judge Tracoski asked Officer Cos grove whether or not he knew Wha Scanlons condition was as to sobrictl and the officer replied that he dit not know, but he had not noticed : anything extraordinary about the manner in which Scanlon walked across the street before being ar rested. That is why I went to thu } police station and asked Sergean Flynn whether he thought Scanlon'! Eroggy condition was the result O liquor or a blow" the officer an aWcrcd.
 What did Sergeant Flynn say?,' Judge Traceski asked. Why he hcsitated and then sait he believed SCanlon was under th' influence of liquor" Officer Cosgrov' replied.
 Scanlon Not Unsteady, OKccfc Say
 Officer John O'kcefc testified tna nr did not observe anything unstead. about Scunlon's manner of walkin, snd he got close to him while Off ' Ger Johnson was talking to him an' 5 did not notice any signs of his havinl been drinking.
 Prosecuting Attorney T. c. Wood ' claimed conviction and praised tn officers who testified for the state