New Britain herald., 1930-07-03

taken candy out of jars without permission of anyone in the store, probably four or five times prior to June 12. He was made ill soon after reaching home, but was we'll enough to attend theater in the evening, he said. He admitted that it was the first time he had ever given the Burke and Cormier boys candy.
 Burke Tells of Illness
 The Burke boy told of becoming i'll after eating one piece of candy and the Cormier boy gave similar testimony, adding that Rosenblatt, offering them the candy, said he was sick of it." They did not know there was anything wrong with the gift, but almost at once their throats became hot and before they reached home they were ill. Several hours later, however, they felt better, hav- ing been given antidotes by their parents.
 The Burge boys father and the Cormier boys mother testified to the nature of the boys illness and Burke added that Abetz called at his home last Sunday and expressed sorrow for what had happened, asking him to withdraw his complaint. He ad- mitted, Burke said. that he had 'doctored' 25 pieces of candy to teach a lesson to boys who stole it off the counters. Burke said his for 1ntifIrinp ha that he thought his boy had been poisoned and he thought the author ities should look into the case. The Rosenblatt boys father was called by Prosecuting Attorney Woods, but knew nothing about the case and was excused
 Admits Dose Not Fatal
 Dr. Louis J. Dumont, superinten- dent of health, testified that croton oil was a poison and Connecticut statutes require 1t to be labelled as such, but Judge Mangan objected to the testimony and on cross exam ination asked Dr. Dumont to define the meaning of the word "poison." Dr. Dumont said poison was any drug which, when given in an over dose, would cause death. Asked if drop of croton oil on a piece of candy would produce death in Rosenblatts case, he said he did not believe it would. Asked if it would prove fatal to the tormier and Burke boys, he replied that as a physician, he would not prescribe it for them on account of their age. To give it to a six months old child he said, would probably produce q fatality. The effect of croton oil, he said, depended greatly on a per sons age and physical condition. It is commonly used as laxative in extreme cases, he said,
 Judge Mangan moved for dis charge for Abetz on the ground that the state had no case under the law. Abetz made serious mistake when he "doCtored" the candy and he has been told so in no uncertain terms, Judge Mangan said, by both his at torneys. Personal sympathy must go out to the Burge and Cormier boys, he said, for they were the innocent victims, but if they had any clain at all. and he believed they had. it must be against the Rosenblatt boy. who stole the candy, Judge Mangan said, and gave it to them, knowing full well from his own experience after eating a piece, that it was not good to eat
 Claims Case Extreme
 Prosecuting Attorney Woods went to extremes, Judge Mangan said, to make out a. case against Abetz, first charging him with one offense and then changing it twice until he final ly invoked a statute which applied to dogs and fur bearing animals, and not human beings, Judge Mangan said. Therefore, the states case must fall.
 Prosecuting Attorney Woods re- piled that legislature, in passing the statute, repealed one statute and in cluded what was in it besides going scope such cases as that Of Abetz. He claimed Abetz was guilty as charged, but Judge Traceski dis agreed.
 The case was the first of it's kind brought in local police court and at tracted considerable interest. It was continued four times, the last con- tinuance resulting from the Rosen- blatt boys failure to present him self in court. A capias was served on him Tuesday, ordering him to be or hand today.
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