New Britain herald., 1930-01-30
MA|ETTA FINED S35O,
 ESCAPES JAIL TERM
tContinued From First pagc)

tContinued From First paGc) GreenstciU took Attorney McDon- ough to task for his remarks rcla- tive to the recommendation for q jail sentence, telling him in no un- certain terms that he resented the attitude Of the defense counsel and it was entirely uncaled for, to which Attorney McDonough replied that he did not mean to include Mr. Green stein among thos2 who were riding Maictta
 Maietta. who is Sn years Of age and lives at liz Lafayette street. was arrested Iuc Tuesday night after he hu tolcrhoncd to Lieu tenant Matthias Rival at police headquarters th3. burglars had left and it WIS not necessary 10 search Tor them, but Sergeant T. J. ccney insisted on going through the premises. The search disclosed two cans of alcohol in the cellar, also empty cans with traces of alcohol, mg of wine in the ice box in Naictta's store, two bottles partly full of liquor ana jug partly full of liquor, the jug being in toilet, and two small bottles Of 1a>oring liquid,
 Sareeants Fccney and S'adler testified to the raid and the former said he received complaints from policemen that men Of drinking habits frcqucnt,l the store. Ser ecaut Stadlcr know nothing of the reputation of the store. Sergeant Feaney said MaIctta asked him not to take ont all the cans but he told hm he vas Oniy doing his duty and could not leave the cans on the premises
 Attorney McD5noush asked the sergeant if he >dlised Maictta to plead guilty, before court today.
 Assistant Prosecuting Attorney Crecnstain objected and Judge SaNe asked the defcnsH attorney if he meant to give the court the inn prcssion. that Sergeant l'eenoy had an ulterior interest in the case, to which Attorney McDonouGh replied that the sergcaut's interest was that of a policeman anxious to convict. Judge SaXe ruled the question out.
 AZ another point during Sergeant Fccney's testimony Mir. Grecnstein told Attorney McDonough not 10 argue with the witness.
 
 Attorney McDonouSh replied that he would not argue with the scr gcant but would ask the court to censure him if he did not answer questions in the proper manner. Judge SaNe, said the sergeant was making his answers as best he could.
 Under further ss-oNamination Sergeant Fcency admitted that the cans of alcohol were found in the cellar next to Naettas and the passageway between the cellars was open. The wine was in an ice box in Maiettas store One bottle part ly full of liquor was in q bin of split peas in the store.
 Another bottle partly full of liquor was in q toilet said to be used in connection with Maictta's store Sergeant Fcency said.
 Officer John Aiudi testified that while he was on the beat he saw men Of drinking habits go in the store sober and come out under tho influence of liquor. He dld not know them by name and he did not make out daily reports Of his ob- servations but he notified Sergeant F. M. Kjcly who has charge of tho liquor squad TLe officer observed that the men always went 10 tho rear Of the storo.
 Officer James Kelly testified that men Of drinking habits were seer in the store. and he named fon1 whom he had observed, Sergcan' kicly testified that he watched the place after he had received reports from tho patrolmen. and hc saw men Of drinking habits going in ane out.
 Officer Lo,inqs |. Johnson testi fed that after the cans hal beer taken away he and Sergeant Fecnc, found the two bottles partly full 0 liquor, but he knew nothing of tn reputation Of the store. never haVinj seen any unusual activity in or abou the place while he was on the beat
 After the states case was rested Attorney McDoncugh moved for discharge on the ground that Mai ctta, under the law. was not oblig" 10 prove his innocence and the stat had failed to produce d single tot ur evidence on which q conN;Ctio could be obtained. He referred { the law which was made in the cds of the state against rillic Anderson which. Inc said vas "a joke to th police department but good la nevertheless and il was still i ,Hoct.
 Judge SaS, dericd the motion an MWctja took the stand. djscmimjn ownership or tho alcohol and th nuuor and rhmjne To have had in wine in the ico hoN for usc with hi mpaDe. which h" takes in thn ,tor since his wifi dj'I m September, II denied that ho IoG Sergeant fprnc that he had tho alcohol i'm the celia 4luce tho d'atll of Ue wife, Hul + druiod also that he bad asked Scr goant lr1ol to iaa'r any of th cans on tun premises. The two bot Hes of lfqlor war" not shown { him hy Sergeant Ir,uay tn nIGi Of tho raid. ha said. aud lac WAS sul priscd 10 s.r tUrm ia evidence. TT Two bottl"- Of tutoring ",ra aI. pew to huu. he ralw,d
 Charles Nlpoiluo. who ie cr played in IL. 'or. ,r-timl that | went for n rm cf peaches aits closing time rua Jay night and "5 frightened ' -l1ht of a 4Gnman ; he door r" ~n 10 tnu Alajctt with whom ha ueu#. lla WAS n, shown the rAo bottles Q" ltuuor |;