New Britain herald., 1929-07-05

motorist not to drive because of being under the influence of liquor, is not obliged to stand by indefinite ly and protect him from himself, Judge Stanley J. Traceski ruled in police court today in the case of Cornelius B. Gully, 35, of 126 Sex ton street who pleaded not guilty to the charge of driving while un- der the influence of liquor.
 Gully, former supernumerary l policeman, admitted having had two small drinks about 10 o'clock We'd nesday night and Attorney Thomas i F. McDonough, who appeared for him, criticized Officer Cornelius keough for failing to see to it that Gully did not drive after the officer told him not to do so. Judge Ira. ceski imposed fine of $100 and costs and Gully took an appeal to superior court in $500 bonds.
 Warned Not to Drive
 Officer Keough testified that he and Supernumerary Officer Huck were at the corner of Washington and Broad streets about 11:3o o'clock and saw Gully come out of restaurant in the Rialto building. AS he entered his car Officer Keough warned him not to drive because of his condition, but about 15 minutes later Gully drove away, going east on Broad street and turning right into Beaver street, right into Eafay- cite and right into High street.
 Officer Keough said he ran after Gully as soon as he saw him dis obey his warning but it was neces- sary to commander another car and give chase. Accompanied by Officer Huck, he went east on Broad street but instead of turning into Beaver street he continued into Main street, turning right into Lafayette street, overtaking Gully on High street m front of P. w. Smiths former store.
 Policeman Says Gully Staggered The car zigzagged as it went through Lafayette street. and when Gully got our-on orders by the of- i f1cer, he staggered. He was abusive towards Officer keough, threatening to trim" him, according to the testimony, and also calling him vile names. Before submitting to arrest he threatened ito knock my block off" the officer said
 Officer Huck testified that he heard Officer Keough warn Gully not to drive on account of his condition. l The car in which chase was given is owned by Jack MidGeon. proprje- tor of a smoke shop near the ras- | taurant. Cross ss-examned by At torney McDonough, the officer de- nied that he and Officer Keough had walked away from Cully's car after the warning had been given, | for the express purpose of trapping the driver. Gully did not abuse Off, l ficer Huck, but the latter heard the names he called Officer keough.
 Held Up By Policemen
 Sergeant J. C. Stadler testified that Gully was under the influence of liquor when brought before him at l five minutes after midnight. He staggered between Officers Huck and Keough. Do you mean he would have fallen down had he tried to stand alone?" Attorney McDonough asked and the sergeant replied that he meant just that. The attorney then wanted to know whether Gully had fallen when giving the walking l test down the corridor and the scr- | nj ra n1jo1 thot ho hoI "a but he was walking, not standing, at that time. When the officers and Gully came through the door Of the police station. they did SO pretty fast" the sergeant said
 Officers w. S. Strolls and Alfred Tanguay of the motorcycle squad testified that they were standing outside the police station when Gully was brought In and they thought he was being arrested for drunkenness, as he staggered like an intoxicated man. Supernumer- fled that Gully spoke in loud tones and was unsteady on hi. feet when brought in.
 Ignores Polceman's Warning
 Gully testified that he had two drinks about 10 o'clock and for an hour afterwards he was at the Pennington Avenue Filling station, leaving for the restaurant to eat spaghetti. He came out half an hour or so later and as he tool; l his place at the wheel Officer Keough hoped onto the running board and commanded him not to drive. The officer gave no reason for the order. according to Gully. After remaining in the car for 15 minutes. he decided 10 drive of, for he could think of no reason why he should stay in the car at the curb all night.
 In reply 10 Attorney McDonough Gully said he believed Officer keough had deliberately trapped him. T think so yet" he said As to his condition, he did not believe h" was unfit to drive and if the officer had told him that was the reason he did not want him to drive. he would not have touched the wheel As to his manner Of walking into the police station. Of flcers Keough and Huck both showed him and naturally he could not walk straight under those con- ditions. They were in hurry to get me Into the police station" he 1 said