New Britain herald., 1929-06-08
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Frank J3kubiak, $. of ss Lyman street. was discharged in police court te3ay on ths charge of theft of wed- ding gifts from the Scalise home on Allen street but was fined $35 and costs on the charge of reckless driv- ing and 3s on the charge of violat- ing the city ordinance in scattering broken glaSs on Myrtle street. He was represented by Judge W. F.
 Hangar.
 Jakubiak was driving an automo- bile west on West Main street We'd aesday night when he was over-
 lauled by Officers Harper and kie-
 y, who had followed him in a police
 .ar from Broad street. In his car was
 !. tray which had contained set of
 ilverware.. Jakubiak was identified
 " one witness as having been at
 he wedding reception at the Allen
 'treet home. but several others could
 ,ot identify him, it developed. Jaku- hiak's story was that someone else had his car until 10:45 on the night in question and when he took it from Broad street about that time, the tray was in 1t and he did not know how 1t happened to be there. He denied having been at the wed- ding reception.
 AS to the reckless driving charge, he denied that he was driving too fast on West Main street. but Offi- cers Harper and Kiely said he was going 45 miles an hour and passed other automobiles. On Myrtle street. after he was arrested, he threw a bottle of alleged liquor out of the car. Officer Kiely was in the car with him and Officer Harper was following in a police car. The bot tie broke and later the pieces of siass were picked up by Officer Harper.
 Jakubiak testified that he became nervous when arrested. on account of having the bottle with him, and he could not remember whether he threw 1t out or not. Officer Harper testified that as he swung into Myr- tie street from Washington street, making a right turn. his lights shone in such a manner that he was we'll able to see the bottle strike the curb. Judge Mangan doubted that 1t was '.humanly possible" to have seen the bottle strike the curb at II o'clock at night. and he intimated that the officer was careless with the truth. At the same time he paid a compliment to officer kiely, saying that if the latter said Jakubiak was driving at the rate of 45 miles an hour, 1t was 50. because Officer Kieiy ts very careful when testifying. Judge Mangan's contention was that the bottle when thrown, struck a fence and the glass may have been kicked into the roadway later, which, if 70. would exonerate Jakubiak un- der the ordinance.
 On the theft count, Judge Sake said there was doult in his mind and he gave Jakubiak the benefit of 1t. Judge Mangan said he did not doubt that the tray which was found in Jakubiak's car was the enc which was stolen from the Sea- lise home but the state could not prove that Jakubiak had stolen it and he personally did not believe that Jakuhiak was guilty or hac even been at the reception.
 The forefeiture of the bond in the case of Nicholas Kalos, 21, of Il Beatty street, was erased and the case reopened. A continuance for one month was taken on recom- Mendation of Assistant Prosecuting Attorney W. M. Greenstein. The charge is non-support.
 The case of Edward A. Cuneo, 46, of 156 Helen street. New Haven. charged with assault. was continued until Monday. Sergeant Stadler and 0upernumerary Officer Tata made the arrest.