New Britain herald., 1930-01-30

might be advisable 10 engage the defense counsel as his assistant, to which Attorney NcDonough retortcd that 1t could not be done but if il Was, the state would not be before the court riding Andrew Maictta after the police Lad allowed gun men and everyone else" 10 get away. Judge SaXe asked the attorneys to avoid personalities and conline themselves to the merits of the case at hand. and Attorney McDonough apoIogized.
 Pleading for discharge, Attorney NcDonough declared that the two cans of alcohol were found in an other cellar than that of Maictta, on the admissions of the states wit ncsses. but Sergeant Feeney needed to refer to his notes to straightcn out his testimony as to the number of cans taken and if the sergeant had given Maictta the flair break to which every accused is entitled" inc would have testified that the jug Of liquor was found in a toilet other than the one in ,he Maictta store. Naictta should not he held ac- countable for the entire building, | the attorney Contonded, but if the state was to be allowed 10 obtain a ! conviction on evidence seized in the | other cellars, the court would be 1 pcnalizinG him for something over which he had no control. If every store and other place of business was
 to be given the reputation for the i sale of liquor simply because men Of | drinking habits went in and out,
 there would be wholesale convictions
 and no business place would be safe
 from prosecution
 Mir. Grecnstein replied that it was
 to be regretted that Attorney Me | Donough had seen fit to waste ali that good energy in defense of that
 saint and upright and ups>anding
 citizen of our community-Andrcw Maictta.' He should have saved
 his wonderful oration" for q more worthy case. Mr.. Grecnstein said,
 and Attorney McDonough interrupt
 ed him to warn him that he was
 "Going too far" Mir. GrCcnstcin re-
 minded him that he had not done I him the discourtcsy of interrupting
 and he asked the same treatment.
 There was no reason why the po
 lice should single out Maictta to
 I,,io
 end there was no danger that
 the cuzcnry would be prosecuted
 promscuously as Attorney Me
 Donough seemed to fear. Al the
 state of Connecticut asked of An- drew Maictta was that he obey the laws and if, he did not sec fiji 10 do
 so. he would continue to receive
 prosecution. while the proprictors Of
 stores who did not have the layout
 of liquors. cans, bottles and other
 paraphernalia connected with the
 liquor business I ccd not fear that
 they would be ridden" by the police.
 As Mir. Grccnstcin concluded, At
 torncy McDonouGh remarked that
 Sergeant M. J. Flynn, who took part
 in the raid. vas not in court and lns
 absence seemed significant, to which
 Mir. Grccnstem replied that the ob-
 servation was entirely uncallcd for. Judge SaNe said the evidence was conclusive of Maictta's guilt and he
 was satisfied that the police were 7 not riding" him.
 Mr. Grccnstein said Maictta was a second offender, having been fined s25O and costs and given a suspend ed jail sentence of 3o days on March 93. 1925. Attorney McDonough said Maietta claimed the conviction was in 1923. The probation officers carC - and the police records were cX. | amined and both showed the dat J March 2&. 1925. whcreupon Attorney , McDonough said he would not plcaf H Maictta guilty ;o being a second of l. fender and the state would have t'
 producc the official records of th' court. mot records kept by the DO | lice department
 Mir Grccnetcin replied that what ] ever the date of the first conviction : was. Maictta was now a second of T fender and should go to jail for , jays besides paying q $40 fine. At $ tOrucv McDououGh was on his fec q at once wtth the charge that Maictt; was home discrimmatcd against Many other second offenders ha' ! come into thr court and plcadc' guilty and were not sent 10 JaIl, hu = Maictta. standing on lis constitution " al right, had maintained his inno - conrc and still does 70, and h o should not he sent 70 jail for it, | Mr. GrcCuatcin resented the ac - cusation that he Was diacriminatin C against Maict;4 and assured tn 0 court that he had nothing whatcvc
 against him. IL was true, he salC that on d plea of guilty diftcrcn Q disposition oe the case might b r made. and he did not question th $ right of an attorney 10 make an ct fl fort 10 offset any recommendation ( [ inc prosecuting attorney. but ther 't should he no unfair or untoundcd 1T U situations.
 1T Attorney McDonough made tn " tIdllil lI4Al .l@ltttd Nti9 d SuD0t"IltI' $ business man. with money lnveste
 in his store, and he was not "a ' IT cious bootleggcr" who vas in bus % ness one day and out of it the ncA II He also said that police sergeant ] had told him Of Maictta's WillinGncs s to help them in cases having to d r with the foreign sections Of Ne " Britain. and from other sources h N learned th@t Maiott1 was Wc n thought Of. He said he would like To call on Detective Sergeant b'Nar H to testify about Majotta's attitud }" towards the police, but the scr-caD n "@s not in court, He mentioned Sr' is @pant ki"lv ae one who could tcstit
 for Naj,ttl but Judge SaNo decide r- moi to NOar any moro testimony