New Britain herald., 1930-11-22
bODz|ACH APPEALS
 COURTS DECISION
Fined S200 in NeWin6ton-Tie
 Game Ends Soccer League
(spee.al b the HeraIdl


 conflning Mir, katzung to the hospital until Monday Of this week. Mir katzung was badly bruised about the head and face and suffered a broken shoulder blade. having his arm still carried in sling last night
 MT. Katzung, when placed on the stand. testified that on the night of October Is he was crossing the road in front of his home 10 visit 2 neighbor on the opposite side of the street. He stated he heard a car ap- preaching but saw none near him.
 Daniel J. Kerr testified he was driving on Main street al the time. When Bodziach's car came down the street MT. Kerr. who was on Els worth street stopped his car 10 let MT Bodzisch go by and then fol- lowed him but not directly. Mir. Kerr saw the car stop upon the banks on the left hand side of the street. He got out Of his car and, he stated, saw Mir katzung lying about five feet from the right side of Bodzl- ach's car. Mir. Kerr also stated the car was four feet off the travelled portion of the road and the right front wheel was one foot from the storm shed of the road,
 Upon cross examination by At torney Yale Sable of New Britain. who represented Mir. Bodziach. Mir. Kerr said the car was travelling on the right side of the street at a moderate rate of speed, but he did not hear the sound of a horn
 Charles Boyington of Main street testified he was in his home when the accident happened and sitting in the sun parlor when he heard the brakes of car screcCh. He went at once 10 the door and saw a car on his front lawn and, going out, saw Mir katzung lying seven CT eight feet from the left side Of the road In court he identified MT. Bodziach and his daughter as the occupants of the car
 Mr. Boyington stated the weather was dry and he was positive he heard no horn sounded just previ- GUS to the sound Of the brakes.
 Constable Arthur Olcsen testified that he was notified of the accident at the time and made an investiga- ton and found that Mir. hatzung had been taken to the Hartford hos pital by Mir. Bodziach. He then took measurements of the road.
 Marks on the road showed that the brakes had been applied 66 feet before the auto came 10 q stop. EX- animation of the car showed that the right head light was bent back and the right fender dcnted and there was dent in the hood. As far as Mir Olesen knew, Mir Bod ziach was the driver of the car but he was told by some people that someone else was driving. he said
 He went 10 New Britain the fol- lowing day and gave Mir, Bodzla ch summons to appear in court for reckless driving.
 Attorney Sable said he could not sec that MT. Bodziach was guilty of reckless driving. He read the statutes defining reckless driving and con- tended his client was driving in q careful way and the fact that a man was struck did not constitute reck- less driving. He asked that the charge be dismissed.
 Bodziach Takes stand
 Grand Juror Lucas contendcd that a pedestrian had as much right or the road as any auto and believed the state had proved that the driver did not have proper regard 10 life and limb, He asked that the charge bt not dismissed.
 Judge Wollcs then refused 10 dis. miss the charge and Attorney SablC then put Mir. Bodziach on the stand Prosecutor Lucas questioned the ac- Cused man who admitted he was tho driver Of the car on the night ol October Is and was 10 visit his brother, who was in the Hartford hospital. lie also stated his speed was about 70 miles per hour and was positive he had blown his horn twice before striking Mir, katzung He stated Mir. katzung seemed tc hesitate when crossing the street. H. first saw Mir. katzung about GU feet away when he was about four fec' from the right curb. H. sounded hls horn and was eight feet from Mir. katzung before applying his brakes and turned his car 10 the left. irving 10 avoid striking him. he testified. Asked why he did not apply his brakes when he was sound ing his horn so feet away, he an- sHered by asking if it was necessary 10 apply his brakes and stop his cal whenever he sounded his horn MT BodziaCh also stated Mir. katzung was lying in the road about four feet from the Coor of his car when his car came 10 stop on the lawn
 Prosecutor Lucas then stated the state had proved a case Of reckless ness and recommended a finding ol guilty,
 Attorney Sable stated that Mir katzung walked right into the mov- ing car.
 Judge Welles found Mir. Bodziach guilty and fined him S25 and costs which amounted to s4o.16. Attor- ncy Sable asked that bonds be set as an appeal would be taken. Bonds were set at S200 for appearance at the January term of superior court
 Soccer Game Ends in Tie
 The Newington Junior high schoo team played it's last game in the Central Valley Junior High Schoo Soccer league with Wethcrsfelc yesterday afternoon at the Mary i Welles playground on Cedar street getting a 2-2 tie. Much interest wal taken by the various team, in th'