New Britain herald., 1929-07-05
Police Not Required to Protect Drivers From Own Indiscretions,
 Judge Traceski Rules In Court
Officers Not Expected to Stand Around and Prevent Motorists Who Have Been Drinking From Oper-
 atng Cars-ex-Po Policeman Fined S1O0.

VI bS lcsScIA AtllA5 Attorney Woods, Gully said he was with Francis Robinson of 32e Washington street and was taking the latter home when the arrest was made. Asked his reason for go- | ing to Beaver. Lafayette and High streets when Robinson lived on Washington street, Gully said he did not want to turn his car around | in traffic and he also did not want | to meet Officers Huck and keough after having been told not to drive.
 Friend Denies Gully Was Drunk
 Robinson testified that he had two drinks with Gully and he was not under the influence of liquor, nor was Gully. Oficer Keough did not give any reason for ordering Gully not to drive, according to the witness. What about the fancy names he called the officers?" Mir. Woods asked. There was nothing fancy about them" Robinson an swered. Questioned further, he said he had not heard Gully use vile language towards the officer.
 Edwin Reed of Washington street testified that he saw Gully at the filling station about II o'clock and he was not under the influence of liquor. Fred A. Murphy, pro- prietor of the filling station, gave similar testimony.
 | Mir. Woods, summing up for the et, to mo that the evidence was strong enough for conviction and the officers in the case were deserving of commendation for the manner in which they handled 1t. but At torney McDonough, in his reply, have prevented the offense from being comimtted. as it was the duty of police officers to do so, especial | ly regular officers as distinguished from supernumeraries. The officers actually stood about 75 feet from Cully's car and permitted him to drive it. and then they gave chase and caught him. Mcdonald said.
 Come in a Hurry, With Force Referring to Sergeant Stadlers | testimony as to the speed with which Gully and his captors came into the police station, the attorney said; Most rcen, when they come into the New Britain police station under ar rest come in in a hurry and with a lot of force" He called the court s attention to Cuily's excellent stand ing in the community, where he has always lived. and also 10 the fact that he had but two drinks some time before being arrested. He had eaten afterwards. and had also had coffee to drink, which certainly would not have aggravated his con- dition, yet the police said he was in- | toXicated.
 : Prosecuting Attorney Woods re- piled that it certainly was not the uuty of policemen to stand by for "A hours and wait for Gully to become sober before allowing him to drive. 1 Attorney McDonough in one breath claims Gully was not under the in- 1 auence oi liquor and in the next he | | ing him from driving because he was in that condition, MT, Woods point | cd out. Ut is the strongest case ever brought in this court for drunken driving" he concluded.
 Judge Upholds Policemen
 Judge Traceski said the officers were certainly under no obligation to stand there after having warned | him not to drive" 1n all probabl- ity they had other duties to look after, especially in view of the holi- day eve celebration. Touching uron Attorney McDonough's argument that Robinson, who had as much to drink as Gully. was not arrested. Judge Traceski pointed out that the statute does not require that man be drunk to be guilty of driving
 while under the influence of liquor.
 He felt that there was no question
 of Cully's guilt, in view of all the evidence. N