New Britain herald., 1930-05-16
WOMAN JAILED FOR
 PROBATION BREACH
Habeas Corpus Action Fails to
 Save Southington Offender
Special to the Herald)

NSptNAol U tilo iltIdlu)
 Hartford, May 16-A writ of ha- beas corpus secured from Judge Carl Foster in superior court yes- terday by Attorney Edward J, Myers Of Hartford to restrain South lnSton court authorities from send ing Mrs. Eva Elem bra Of that town 10 jail for so days without a hear ing for an alleged breach of pro- Dation. was dismissed by Judge Poster after hearing in superior court at 10 o'clock this morning. Mrs. Ziembra was taken 10 the Hart ford county jail this afternoon to serve her sentence while Attorney Myers made preparations to go into the Southington police court on Monday to argue in the woman s behalf.
 Town Court Sustained
 Judge Foster ruled that the court had the right, while Mrs. Ziembra was under probation with a sus- pended sentence hanging in the bal ance, to revoke the jail sentence when a violation Of the probation was reported, without another hear ing.
 On March IA, Mrs Ziembra, a widow and the mother Of three children, was arrested and the next day in police court. she pleaded guilty to a charge Of liquor law vio- lation. Judge J. Lambert Degnan fined her $500 and costs and sen- tenced her to 60 days in jail. Execu- ton of the jail sentence was sus- pended and she was placed on pro- hatlon for one year. She was warn- cd by the judge that she would go to jail If she was arrested again.
 On March %, Policemen Cushing, Kane and Smith raided Mrs Ziem- bra home again and claimed 10 have secured evidence Of another Violation Of the law. Judge Deg nan ruled that execution Of the pre- Nlous Jail sentence became automa- tic since Mrs. Ziembra's alleged sec ond offense constituted contempt of court. When Mr. Myers appeared in the case on April 3, he asked that the complaint be formally pre- sented in open court This request was refused and he then asked that judgment bc made SO that he could take an appeal. He was informed that the 4Shour limit for appeal had expired
 Chief of police Edward Geary was ordered 10 take Mrs Ziembra to inc county Jail yesterday afternoon al o'clock but the issuance of the writ Of habeas corpus acted as q restraining order, Jail officials re. fused 10 accept the woman as a pris. oner oNer night until the hearing was held today
 Arrested But Free
 The writ was served on the chief of police by Deputy Sheriff Alonzc Miller and, although still under ar. rest Mrs Ziembra was allowed to remain al home. Police Chiet Gear, stated that the second raid was mads after several complaints had beer rocei'ed about the Woman's alleged activities in selling liquor.
 Attorney Myers disputes the evi dencc obtained in the second raid He claims that all the police secured vas small amount of liauor in Z Jar while the police say they secured two jars containing alleged liduor while the woman threw more of il out Of a window when they entered her homo
 Mr Myers claims that the refusa Of tho court 10 grant his client z hearing IS q violation of her consti. tu'ional rights and the attempt tc send her 10 Jail for alleged violation of her probation without producina any evidence against her, constitute. dangerous practice.
 pon application of Proseeutine Attorney Harry C. Camr who prose. Cuted the woman in court. official. of the Child Welfare department in. NestiCated the Womans homo 10 fine out whether Mrs. Ziembra's three children should he committed 10 Z home because they were not pro perly cared for, At the time Of tho second raid. they were i'll with diph theria and her sentence was de. ferred until they recovered.
 The investigators reported to th, county commissioner that Iho chiI dron were being properly cared for and that the mother had enougf money 10 support them. They Nere not committed. They are Nellie, II years, John, F., and Jennie {.