The Waterbury Democrat., 1941-10-01

sentence. BOnuS or SlUU eaC
 Notice of appeal from the ruling and fines imposed by Judge John L. Gaffney was given by Attorney Maurice Wrenn, counsel for the accused. The arrests occurred on the Long Hill and Hamilton Ave- nue projects
 Tn passing sentence on the de- fendants, Judge Gaffney stated the ordinances in the city were enacted for the protection and safety of the health of the residents.
 Attorney Wrenn and his asso- ciates, Attorney David Loughlin of Fairfield, attorney for the federal housing project in Connecticut and Attorney John J. Joss of Washing ton, D. O., representative of the U. s. government of the Public Build ing administration of the Federal Work agency, defended the men, and argued the government laws on land which was acquired by con- demnation proceedings was not sub- ject to the city's laws and super ceded them until the project was completed and then the city gov- ernment laws again would prevail. Atty. Wrenn pointed out in numer- ous instances which he stated that federal work which was being done was on amenable to any city ordi- nance and as such was paramount and that the accused were thus em- ployes of the government. Prose- cutors Attorney William K. Lawlor and Frederick w. Palomba reiter- ated continually that the work would be questioned If 1t was done by the government but insisted that the nine men were employed by a sub-contractor, the John II. Eizel concern, and therefore the men were not employed by the gov- ernment.
 Atty. Lawlor stressed to the court that the defense attempted to hide behind the cloak" of the govern. ment and wanted the court to un- derstand that they were working for them. The states prosecution pointed out that they had no argu- ment that the government had a right to employ men but that these were under the contract of an in- diyidual to make the plumbing in- stallation.
 Yesterday morning, Atty. Wrenn made a motion to file demurrer action, pointing out that the men were deprived of constitution rights and opportunities but Judge Gaffney ruled that because of 1t being introduced late in the trial, he was constrained to deny the action because 1t was unprecedent- ed by being introduced after the trial had proceeded for some time.
 The seven men found guilty on complaint of Plumbing Inspector James R. Walker that they were working without licenses were:
 Joseph Kennedy, 39, of Yonkers, N Y.
 Ernest Bakhart, 43, of S5 Colley street, city.
 Louis Boettemer, s4, of 24 Park place, city.
 Auggiella Pelletier, ss, of 6s South Elm street.
 Philip Curran, 59. of 26 Haw- thorne street, Stamford.
 Fred Searles, 35, of 976 Woodtick road, city.
 Andrew Madagras, 35, of 976 Woodtick road, city.
 The last named was not In court and was reported to be working in Ravina. Ohio, on an armament fac- tory for the government. His arrest was not made this morning, police reported, although a warrant is out for him.
 John Cody, 31, of 45 Prospect street, was given a discharge whei' Judge Gaffney said that the man was an apprentice on the project while Frank Long, 40, of 20 Coen street, Naugatuck, received a sus- pended sentence after the court l said a reasonable doubt existed af- ter testimony by the accused showed he attempted to secure license but was unsuccessful.