New Britain herald., 1930-04-05
COURT PERPLEXED
 BY TRAFFIC CASE
Man Arrested Says He Was Sober When Car Engaged

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 Insisting that he was not only sober when arrested last evening, but that he had not taken a drink Of liquor in three months. John Monko. 22, of 19 Hayes street. pre- sented a puzzle in police court today but Judge Stanley J. Traceski solved it by making a finding of guilty or the charge of operating an automo- bile while under the influence of lquor. Monko pleaded not guilty, but Sergeant r. A. McAvay and Officers Eugene Kieffer and Daniel J. Cosgrore were positive in their testimony that he was not in fit con- dition to drive. The fine was sl00 and costs, and Judge Traceski also imposed a fine of s5 on the charge of driving without license, to which Monko pleaded guilty. The latter fine, however, was suspended.
 Officer Cosgrove testified that he saw a truck going south on Hartfor,3 avenue shortly after o'clock and Monko, at the wheel, did not look just right" Watching the vehicle. the officer noticed that it zigzagged, so he commandeered a car and gave chase, overriding the truck when it stopped in traffic at East Main and Main streets. He found Monko in toXicated and arrested him, also ar resting his companion, John Nichisti, S2, of 1S9 Hartford avenue, on the charge of drunkenness. According to Officer Cosgrove. there was an al coholic odor on Monko's breath.
 Visited at Jail
 After Sergeant McAyay and Off cer kieffer had testified Monko took the witness stand and said he spent the afternoon visiting a friend in Hartford county jail and was on his way home when the truck. driven by Nichisti, stopped at the curb and the driver stepped out. Monko noticed that he was intoxicated and although Nichistis request to take the wheel.
 Explaining the alcoholic odor mentioned by Officer Cosgrove, Monko said it must have come from Nichisti. He further claimed that ho had been ill for the past few days and left the house for the first time yesterday. He was trembling on the witness stand. Judge Trace ski asked him if he stopped on the way from Hartford and he replied negatively.
 Hartford Driver Fined
 A fine of s25 and costs was im- posed in the case of George D. Phelps, fl, of 4S3 Blue Hills ave- nue, who pleaded guilty to the charge of reckless driving on East street. Attorney Irving I. Rachlin represented him and assured the court that Phelps regretted the ac- cident he caused last evening and age to a car driven by Edward Toczko of 122 Miller street, which he struck with great force and practically ruined, according to Of- ficer Louis E. Harper.
 Assistant Prosecuting Attorney W. NJ. Greenstein told the court that Phelps was driving north on East street near the Hayes Construction i Co. office about 5:15 o'clock last evening and two cars were going in the opposite direction. Daniel Sul- | livan of 11S Greenwood street was driving the first car and Toczko the second. Sullivan, to avoid being struck by Phelps car. swerved out of the way, but Toczllo could not follow him and was hit.
 Toczko and Phelps were driven from the scene of the accident by an employe of Karl Hoffman, ac- cording to the police report, and went to Attorney Rachlin's home where an agreement was made for settling the damage to Toczko's car, but Toczko baked at signing it and went to the police station with the result that Phelps was arrested about two hours after the accident | Attorney Greenstein said there was a suspicion that Phelps had been drinking but the state was un- able to produce witnesses to sub stantiate such an allegation and so the reckless driving charge was pre- ferred. Toczko was thrown out of his car through the door by the force of the impact and sustained minor injuries.
 Ignores Police Signal
 In the case of David c. Olander 80, of High Road, kensington, a fine of $10 and costs was imposed on the charge of refusing to obey a policeman's signal. and the charge of reckless diving was nollcd by At- torney Greenstein. Olander was driving on Franklin Square the night of March 22 and went over a curbstone. continuing towards Ken. sington despite Officer Edward Muszynski's command that he stop and Attorney. Greenstein pointed ou, that the officer was the only wit. ness, which made the charge a diffi- cult one to prove. Olander, how ever, was willing to plead guilty to the other charge and Attorney Greenstein recommended that tht fine be imposed.
 Attorney Harry M. Ginsburg, de. fense counsel, told the court that Olander was in a closed car ant probably did not hear the officer. l signal. At any rate, the circum. stances did not indicate that he de, liberately disobeyed the signal.
 Ryan Case Continued
 The case of Matthew Ryan, 66, o Avon, charged with driving while under the influence of liquor or March 15, was again continued. At torney Greenstein said Lieutenan