New Britain herald., 1929-08-22

The city owns the sidewalk and he about as the police testified, he said. Relative 10 Sergeant Feeney's ,esti- mony that the cider barrel had the bung out, allowing air to reach the contents, Faticoni explained that it was necessary to allow little aiI in, otherwise it would not be pos sible to draw any cider.
 In reply to Attorney McDonough, Faticoni said he was a member of the fire department and would prob ably lose his place if he is convicted. The barrel of cider which the police Sunday morning about S:30 o'clock three hours before the police came to take the sample for analysis. One of the officers, according to Faticoni, remarked, "Youre selling water for l. cents a glass; after tasting it.
 Asked by Prosecuting Attorney Woods where he bought the cider, Faticoni said an Italian from the vi. clnity of Merden sold it to him. He did not know his name. The sleep ing man referred to by the police had been carried in by companions who wanted to leave him there for while. He did not get drunk in the store, Faticoni said.
 Officer Lieblcr was recalled to the stand and testified that he and Or ticer kiely saw an Eagle Ice Co. truck deliver 6 barrel of cider last Wednesday, to the store. As to the bung being out of place, the officer said Faticoni told the police he had Knocked it in, and it was necessary 10 go outside and get a cork before the barrel could be carried out.
 Didn't Go For Sardines
 Prosecuting Attorney Woods asked for a conviction, and pointed out that even if Faticoni did not know the alcoholic content of the cider, he was without a defense. The large number of men seen about the store certainly did not go there to drink sweet cider, he said. and they did not go there to buy sardines, either"
 Attorney McDonough contended that no evidence had been offered to prove that the cider had intoxi- eating qualities as required by law, and therefore reasonable doubt existed. If ever a man needed ard deserved consideration at the hands of the court, Taticoni did, his at torney declared. He is in dire finan- cial straits. having unpaid notes and bills which he is trying to meet while building up his grocery busi- ness.
 In addition, he will lose his place in the fire department and his citi- zenship which he prizes so dearly. Attorney McDonough asked that the court at least suspend execution of penalty if unable to grant a dis charge.
 Prosecuting Attorney Woods re- piled that. storekeepers could sell cider as they pleased if the court did not make a finding of guilty in this case. Judge Sake interruptCj to say that fermented cider is banned under the state law and there was no necessity for further argument.
 He could come to no conclusion other than a finding of guilty, cs- peCially in view of Sergeant O'Mara's warning to discontinue tue sale of cider in the store, which should have had the effect of put ting Faticoni on his guard. As tc his financial condition and the effect of a conviction on his circumstances those are results that violators of the law must expect. the court said
 Making the fine light Judge Saxf remarked that he was taking into consideration Faticoni's excellent record and all the other circum- stances which were brought out.