The Waterbury Democrat., 1946-07-11
RestQurant OWner Granted Discharge
Testimonial Committee, Guests Testify For Accused Proprietor; Conhscated Liquor Ordered Return to Defendant

Thomas Sabol, s, Of RidgeWOoG Street, owner of Sabol's Restaurant on North Main Street. received a discharge when arraigned before Judge John L. Gaffney in City Court this morning on charge of violation of the state liquor laws.
 The charge arose when members Of the vice squad walked in on a banquet at the restaurant July ! and discovered the celebrants drink ing after the Sunday closing hour Of g P. M.
 Sgt. Joseph Mccarthy said police oonfiscated beer, wine and whiskey when they saw people drinking at a small service bar in the rear ban quet hall. Judge Gaffney ordered ticles
 Farewell Testimonial
 Testimony brought out that per- sons, relatives and friends of MT and Mrs. Pasquale DeFrancesco and their recently returned serviceman son John, were in attendance at a testimonial for the three. The couple were being feted because they plan ned to return to the old country, and the celebr atlon was coupled with a welcome home party for the son.
 It was disclosed that MT. Sabol provided only food and the banquet hall to the people. He supplied no liquor and had no connection with the banquet after the dinner was served.
 Several witnesses, members of the banquet arrangements committee, testified that all liquor consumed on the premises, as well as ice used for the drinks, was purchased by them and not supplied by MT. Sabol.
 Definite Doubt Exists
 In granting the discharge. Judge Gaffney declared: This case is greatly different from the usual case of subtly attempting to break the liquor laws. I find a definite doubt in my mind that MT. Sabol deliberately tried to put something over" Sabol was defended by for mer Judge Edward Mascolo.
 A continuance to Saturday was granted Fred Kellner, 46, of 60 Edin Street, arrseted yesterday by De- tective Sgt. Charles McWeeney on a charge of obtaining money under false pretenses.
 Inspector Joseph R. Bender said the charge arose after Kellner, given $250 to buy three cases of Scotch, failed to return with the liquor or the cash. The incident occurred June 2, the inspector said
 s235 Disappears
 Albert H. Euvrard of Sunnyside, L. l., a mild acquaintance of the accused, was planning a party and learned that Kellner could obtain the needed Scotch for $235 He gave the man the money, police said, and didn't see him again until this morning in court.
 The continuance was granted after Kellner told the court he would make restitution.
 Charged with theft of a car, Rich ard Nelson, Is, of 474 South Main oeA SSS, lCSClVCa COlllllludIlCG Ol two months. Brought back from New York yesterday by Detectives It. Ernest Pakul, the accused police said, stole car Sunday from in front of the home of James Phelan of 76 Meriden Road
 Charged with breach of the peace, resistance and Jay walking, Sslva- ore Lumia, B, of 400 Fairfield Ave- Nie, received nolle on payment of sl5 on the hfSt charge, nolle ons 'he second and nolle on payment of $l0 on the last.
 Other ViolatOrs Arraigned
 The following cases of violation of the rules of the road were heard: Michael Romano, 30, of 26 Lawrence Street, nolled for S6; Vincent Pizzo, 20. of 70 Wood Street. nolled for $6: Otis Fairley 45, of s5 Highland Ave- nue, continued to July 25. and Don- ald Synott, IS. sf 72 Lockhart Ave-