New Britain herald., 1930-01-16

ing their entrance to a vacant stOro a few doors from the smoke shon that Officers W. J. Mccarthy and Edward Muszynski came across liz nor which caused the arrest Of Miezanka and Sikora Attorney Lawrence j. Colon represented the quartet.
 Cases Tried Together
 At the outset Attorney Colon a-E- ed that Zisk and kord-k he 'rl, apart from Miezanka and Slhora but Prosecuting Attorney Woods referred to thr eases Us "eompau- icn' and sald they should be tried together. Judge Traeesk denied t1. request ot the defense counsel and the cases were tried together
 Officer Muozynski testified ,ha. h.. and Officer AIcCarthy found kor4aa and Fisk asleep in th" boiler room in the cellar O. the I;jalto buI5luE They had see two mon turning into 3 vacant store in the building about i q, m. and th.u su~piclous u,r- aroused at the failur" of the men 10 come out Foo'Triurs n rhn snow led 10 the vaclg- store and the officers 'Jiumied' th" iorH on the door 10 -aiu entrance
 IiquOr Discovered
 In the vacant store QuauGtl Of I.qaor was found and III tu, cellar more was found. Several bottles or liquor were found In hatchway leading from the cellar 10 the smoke shop it 2S Broad street. Of- icer Muszynski told Of Officer Nc Carthys sending a telephone mes sage to police headquarters and a llttle later Officers Harper, O'Day and Moore arrived and assisted in searching the buIIdms
 At about 7:30 o'clock MIezanha arrived and opened the smoke shop. Asked by the police who owned the place Miezanka replied. Bill Six ora" Miezanka was arrested at once, Sikora surrendering at po- hce headquarters the next cay,
 In reply to Prosecuting Attoruov Woods, Officer Muszynslu said he has been on the Broad street beat since January l from II ?. III. to $ q. m. and he recalled seeing Miezanka in the smoke shop twice. The place is well stocked with cigars. candy, cigarettes and tobacco. and some soda, he said He has never seen any one intoxicated in or about the place, he said.
 Cross examined by Attorney Col on, Officer Muszynski said he had never seen Sikora open the smoke shop in the morning until today. on the day in question Aliczauka told the police he did not know whore Sikora was
 No Complaints Against shop
 Tn reply to Attorney Colon, Of flcer Muszynski said he had receive" no complaints against the smoke shop since going on the beat and he never saw anyone come out of the smoke shop under the influence of liquor. AS 10 the possibility of oc- cupants of other stores being able 10 go into the cellar where the liquor was found the officer said he doubt. ed that the barbershop or drug store were connected with it.
 Officer w. J. Mccarthy testified told him he had not heard the of- fcers banging on the door of the vacant store and that was the req son he and Zick did not respond.
 They dsdained knowledge of the liquor on the premises and also said they were not aware that there was a pint bottle partly full within an arms reach of the cot on which they were sleeping.
 In reply to Attorney Colon. Of ficer Mccarthy said h. arrested kor- dek and ZsE because they had not responded 10 his efforts 10 bring them 10 the door. He felt that they should be required to explain why they had not come to the door. kor- dek told him that he had charge of he building and had q right 10 he in the cellar.
 Said Sikora Wa, Ourcr
 MicZanlia, according tO ofti1ot Mccarthy. told him that :;ikora wa' the owner Of the smoke shop but was drinking and had failed to at. tend 10 business. That was the rea- son Miezanka was opening the place Sunday morning. The officer admit. ted that he and Officer Muazynsh q ing, but before touching th" bottled liquor in the hatchway entrance tC the smoke shop. q warrant was oh. tained by Officers Harper Or ODay from ScrEcaut-cloct kiely- The war. rant named Sikora as the owner Of inc smok' shop.
 Officer Harper testified to fiudIna drinking elpssas corks and Iluor oI The prymiae. He saw MioMoEa s,II ing now#paDcrs in the amon" sho' Sunday. and ringing up money o 'n' cash register. IIe Eue" uotalu" about inc reputation Of tho place and urv CT received 2 complaint about if Whether CT not there was tt" od9' of liquor in th" glasses he could uJ say. as he did lof sm.N cf 'hom-
 Fccrry Gives Place Bad iiccord
 Sergeant T. J. Fenu"E testified that liquor haa been sold in 'n' smoke shop 10 his kno"tl=.. H. has seen men of drinking habits ir and about tHc piar.. havln@ ohsarg"' it practically every day for three months fIn Enorv rHo0 wao "oro Tor a drunk" and ratrontn1 th" place As 10 tua ownership of 'hr smoke .hop, Sergeant l'oouay said SEor. was in charge when punch hoard' were taken ou' and ho was th" o"u ,"
 Sor@en's r'Nlara md Eirly tos'I fled that S.Gora told them recently that he Eas s,lltn@ liquor ard h' y1s aware fhat tae police knew 1 hut they would have 10 catch hin at it He had hrrn dr.u!l;nr at th' time he made the boast, S"rGeau O'Nara said
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