New Britain herald., 1929-08-26
COURT DROPS TWO
 SERIOUS CHARGES Albert Malone Not Tried for
 Transporting Liquor D'EMANUEL IS DISCHARGED
Airort Plans Arc Progressing - Forest Fires On Decline This Season-Many Children Yet to Be Vaccinated-Interesting Ites.

Vaccinated-Interesting Ites. | Two counts of drunken driving
 and transporting liquor by means
 an an automobile against Albert
 Malone, 20, of 4S1 South Main
 street, Torrington, were dropped by | Prosecutor Charles F. Conlon and | changed to reckless driving because
 Of the lack of evidence at special session Of the town court this morn i ing at 10 o'clock. Judge Merritt O.
 Ryder found Malone guilty of the 1 reckless driving charge and fined l him S25 and costs The charge of
 transporting liquor against Franl; i D'Emanuel of Berlin avenue, South
 ington, was also dropped.
 | The men were involved in an au- tomobile crash Friday morning ut | 2:15 o'clock when the car In which they were riding struck the gate
 standard at the railroad crossing on
 East Main street. A freight train
 was stopped across the highway at
 the time and Malone, alleged driver of the machine, struck the stand
 ard when he attempted to avoid | hitting the train.
 Both men were severely injured l in the crash and were taken to the
 New Britain General hospital by Dr. l George r. Cook. Constable George Schubert investigated the accident and discovered that the car had contained six gallons of alleged hard
 cider. He ordered their arrest and
 when the men were relensd iron,
 tn hospital yesterday morning, po- liceman John M. Liebler of the New
 Britain police department gave them a summons to appear in the
 town court here today.
 The men appeared in court with their heads and arms bandaged Constable Schubert was first called to the witness stand. He testified that he had investigated the acci- dent and found that the men had been transporting hard liquor in the car. When asked by Prosecutor Charles Conlon if he had any of the alleged hard cider to present to the court for evidence, the constab ble stated that he did not as the cider had been spilled in the crash He told the court that he judged the liquor to be hard because of the smell.
 The constable also testified that there was a flagman at the cross | ing when the accident occurred and produced a witness to support his statement.
 | Malone was then questioned by | Prosecutor Conlon. He denied that he had cider in the car, claiming that it was vinegar. He claimed that he was driving about 35 miles. an hour and did not see the freight train because it was very dark around the crossing and his head lights were not very bright. Tn re- ply to questions. he denied that he had been drinking and that there was flagman at the crossing. When asked where he had obtain ed the auto, he stated that he had borrowed it from Joseph Datula of i3 South Main street. Torrington. and that he had had the car in his possession Thursday afternoon and evening.
 Prosecutor Conlon recommended 10 the court that the charges of drunken driving and transporting liquor be dropped because of the lack of sufficient evidence but that Malone be given a substantial fine for reckles driving.
 He said that he had no doubt that the two men had been drinking but