New Britain Herald Newspaper, December 23, 1926, Page 14

HOLIDAY TEMPERS COURT'SENTENCE Jail Sentence Suspended in| Drunken Driving Case Found guilty of operating an au- tomobile while under the influence | of liquor, Russell E. Winneger, aged 29, of Plainville, was fined $100 and costs and given a suspended Jfail entence of five days by Judge W ¥, Mangan in police court this morning. Attorney Charles F. C lin of Plainville represented Suspending the | Mangan said the custom of the los court in impo: one, in his opinio However, the case are exte Winneger his record cs in this nuat found. driving slowly and is go This is the s season and Winneger has and children. For thes Judge Mangan said, he suspension of the exccution of the jall sentence justified. Bonds for & appeal were fixed at $300. Officer William P. Hayes arrest ed Winneger on East Main street | Thursday, late in the afternoon. The following day Winneger's request for ® continuance was granted but he did not appear due to & misunderstand- ing and his bond was forfeited. This morning tha forfeiture was erased on recommendation of Prosecuting At- torney Woods. Officer Delbert Veley testified that en December 16 about 4:30 p. m., ha saw a car turning the corner of Main and East Main streets and Rhe driver's appearance indicated that he was unfit to drive. The of- ficer followed in another car and fehen he overtook the first car it acas parked and empty, about at Hartford avenue on Fast Main etreet. e told Officer W. P. Hayes his sus- piclon as to the driver's condition | and returned to his traffic post. ‘He was positive Winneger was at Yhe wheel and he noticed him lurch | into | in the seat as the car turned East Main street from Main street. He has known Winneger about 10 years, he said. Officer Hayes testified that after ©Officer Veley reported the matter to him he saw Winneger come out of a restaurant on East Main street and £o back in. Then he came out and entered the car and started to drive away. The officer was posi- tive Winneger was under influence of lquor. He staggered and there was & strong odor of alcohol apparent, he sald. He admitted having had at Jeast three or four drinks in Plain- ville. He told Officer Hayes he wwas trying to help “my friend Skin- | ner.” Winneger drove the car about five yards from the curb. Lieutenant Samuel Bamforth te tified that Winneger “decidedly under the influence of lquol ficer Stadler gave si Winneger testificd he and Geo Skinner of Plainville were in restaurant on East Main strect. He denied he was at the driver's wheel when the corner of Main and East Main streets was rounded. He was under influence of liquor and ho realized it. Skinner owns the car, which was just purchased, and Win- neger intended to start it and have it running when Skinner came out of the restaurant. Skinner was per- fectly sober, Winneger testified. Th, car had not moved five yards from the curb, as Officer fied, Winneger said. Skinner testiled that Officer Veley ‘was mistaken when he testified Win- | neger was driving the car at Fast Maln and Main streets. He was positive he was driving, as he had taken Winneger for a ride to ob- serve the running of the new car. Winneger happened to finish his lunch sooner than Skinner and that 1s why he stepped out of the restau- rant and entered the car before Bkinner came out. Attorney Conlin said it is not his purpose to quarrel with Officers Veley and Hayes, both of whom he believes are honest. Officer Veley must have been mis- taken when he said Winneger was driving at Main and East Main | streets, the attorney said. Nobody sbhors drunken drivers more than be, and he never defends them ex- cept on the plea of quilty. In this case the accused man is innocent. Granted that he drove the car a dis- tance of five yards, along the curb the court should not b so technical a5 to convict a man on the serious ‘charge preferred, on that evidence, he argued. Winneger has been driving for ten years and never been involved in difficulty with the 1aw, the attorney said. At least he 14 entitled to the benefit of the doubt that exists, Attorney Conlin said. (Continued from Page Ninc) K. of P. Meeting The regular meeting lodge, Knights of Pythias, held at 8 o'clock this ev Arcanum hal Funeral of Samucl B. Harper The funeral of Sa 1 B. Harper, who dled at the Hartford hospita Tuesday morning, was held o'clock this aft from home, Overlood 2, I mer, pastor of tional church, ices and bur lot in Fairv ain. of Ethan will b ning in noon hi: W Elks Entertain Kiddies Approximately ) guests of th Elks at a Christm at Elks' hall at afternoon. Each ild re ings, »s and oth of wearing apparel, a and other deli Christmas Party at Boys’ Club A Christmas party for the s of the Boys' Club will be held at 7:30 this in_the rooms on Main street. The ing program has been arranged: Playlet—"The Ruggleses.” The characters: Barah Maud Susan . Cornalius . mem- evening club T.velyn Dicky Helen Jackson Anthony Calbi Michael Sinisgalll Hayes testi- | follow- | . Irene Segal | . Isabel Audiano | George Harragan | .. Dorothy Larson | Larry Martin Andrews | Ars. Ruggles .... Mrs. F. L Beach Mr. Grace the magician. Christmas carols sung by the boys under the direction of Roscoe L. Sessions, £hristmas tree. *ne public I: cordially invited to aMdnd this evening’s exercises. PURNELL AGAIN HEARS CHARGES OF ASSAULT Woman Testifles That He Attacked Kitty .. | Peoria .. Clement . Eily .. Her When She Was 15 Years Old. that Benjamin | d young women mem- | of David Colony | court today. | n lay on a cot in | Justice Florence | Forhan, Mrs. Gladys Bamford ubel, charged that Purnell 1 treated her when she was 13 years old. Mrs, Rubel is a sister of Mr: uth Bamford Reed, who testified | erday in Purnell’s preliminary | ring on warrants charging statu- tory offenses against the two young women, former members of the | cult. Purnell, Mrs. Rubel charged to- day, todl her he was the Son of | Man, and could do no w g, | Describing the alleged attack upon which her complaint Is based, Mrs. Rubel testified that Mary Ranger and Myrtle Tulk, women colonlsts, escorted her to Purnell's rooms in 1915 when she was 15 years old. There, she charged, Pur- | nell attacked her and informed her | that if she knew the covenants of | the faith she would understand that what had happened was merely a ceremony which would cleanse her blood. COLD IN CALIFORNIA Purnell viol: bers of his house were made in jus While Purnell a the courtroom of Below Freezing Weather But Citrus Crops Are Not Believed to Have | (P) — The Been Damaged. Los Angeles, Dec. 23 |coldest weather of the winter last| night and early today throughout the fruit belt of southern California brought out smudge pots in several sections but no damage to citrus | crops was reported. Orchard heat- | ing devices were kept going in northern Orange county from mid- | night until daybreak. H ‘Temperatures of 27 degrees were | reported from Riverside, Pomona | all three citrus grow- | . At Los Angeles it was| Citrus fruits are not considere in danger until a_tempe | 26 degrees is reached. | Sparks From Chimney Set House Roof Afire Sparks from a chimney set fire to! the roof of a three family house at 981 Stanley street, at the top of Shepard’s Hill, at noon today, caus- ing damage estimated at $150. Wood was being burned in the oves in all the tenements, causing sparks to fly. Several holes were burned through the shingies and the | fire department, called at 12:04 | o'clock by an alarm from Box 422, had an hour's work preventing a spread of the blaze. At 10:15 last night, Co. No. 5 was| | called to a house on Belden street, | and found that the plaster was be- ing dried out, causing considerable smoke. There was no damage. ¢ house is not occupied as vet. | Father Dying But Mother Has Chance of Recovery Bridgeport, Conn., Dec. 23 (A —| Slight improvement in the condi- tion of Mrs. Albert C. Ayre W reported from the Bridgeport hos pital this morning. She is in a semi- conscious condition and may re- cover. Mr. Ayre still remains in a state of coma and his cha s for |recovery are not good, the hospital authorities stat The fune of the flve Ayre| |children who were phyxiated esterday will be held tomorrow. ™ s | CIPGTING QUGESTIONG- [/ of | and | votume NEW BRITAIN DAILY HERALD, THURSDAY, DECI_EMBER 23, 1926. Orpheus Instrumental Quart etto Give Concert for Crippled Children in Newington Home The Orpheus Instrumental Quar- tet of this city will give a concert t the New hildren Sunday a Christmas program and the children in home looking forward to their musical visitors evening. It will the o |with anticipations of delight. The quartet is composed of Marcus ngton Home for Crippled [H. Fleitzer, violin; Harold Stedman, |Bohm; “Harvest Home | flute; Walter Occupin, |Charles Johnson, piano. | The program, in addition to “r'hnstm\s music, will contain the ‘cello; and “Three Dances,” by Ed- German; “Trio,” by Carl Overture,” Tobani; “Adagio and Bouree,” by |Richardson; ~ “The Herd Girl's Dream,” flute and violin duet; “Par- |adise,” violin solo. | Vonowlng !ward %Kept Near Beer in Store but Had Real Stqff in the Cellar Zimitravich Fined $150 for Intent to Sell After Long Hearing in Police Cour After a hearing in today more than two h Judge disposed of William Zimitrovich, aged avenue, and 168 ation last the cas , ag of street, charged with vio liquor law in a s avenue, and costs for I it to sell and of the Zimitravich $150 beer with in- discharging Balin- All vas said the beer ble on th so that ntly ap- ; L for the quar He believed 15 started out to violate t hanged his mind before On request of Judge Hungerford, defense counsel Alling fised a bond of $300 appeal. Officer Stadler Officer Cosgrove raided the store on December 17 at 11 a. m. He saw three men in the place and he had Officer Cosgrove go to the rear door. Zimitravich was at on end of the bar. Balinkas and other man were also inside. Officer Stad- ler asked Zimitravich to admit him nd t tter took a bottle li- quor off the bar and put on a shelf Balinkas took it off the shel concealed it bencath his imitravich denied having any more liquor but when tencment ded, whne, beer and whisky we Beer was also found in the lar bencath state, Officer e n but too far. law going F. Jud for an te tified that he it sweater. his bec made by a chem en from the cellar showed an alco- holic content of 2.50 per cent by and 2.05 per cent by weight beer 3 HOW TRPADE WITH PG A '/ court Hartford | and | | | 29 cases although they wecre on his would be The beer taken from the store 1ad an alcohelic content of 1.85% | out of employment, was about to data from the reports of Mr. Gray, by weight, [ remove the bar so that the store!Mr. Fuller, Mr. Newlands and the that Zimi- | could be partitioned into two, ac-|industrial wastes volume and 1.47 Ofticer Stadler testifie travich claimed ownership of some | the beer, wine and whiskey and | iid Balinkas was a carpenter en- ged to divide the store into two | stores, | Relativ e, Officer Stadler testified that several occasions men have been wbout the premises with Zimitravich | and they ran down the cellar stairs 1t sight of the police. He has not seen liquor sold on the premises, he but complaints have been re by the police | it the law being violated | Hungerford sked Officer to describe the building but Alli aid it was not neces- to waste time atong these line Asked if Zimitravich conducted a iloon there in the pre-prohibition days, the officer repled affirmative- | v and added “and since.” | ge Hungerford told him he d he is very desirous of ob a conviction but it is un- interject any arks led for by the reali tainin alinkas testified th the store to make alte was in no way connected with the husiness conducted there, He had a hottle: of whi which he hought in a drug store on a prescription given him by Dr. LeLasher. Ques- tioned closely, however, he could not say whether this bottle was hought with or without the preserip- tion Dr, he was in ations and LeT fied that he Balin} prescription on | mber 17 as he believed him to in nced of whiskey to forstall ill- Dr LeLasher could not state whether or pot the preseription was ed. Zimitravich testified the wine for several ye: 1gerford introduce to Zimitravich that he had s and Judge mit is- to| AROUT A BROHER ’) —~AND MAYPL. PG & ISTER'LL TRADE ToO/ | Hung: transport a quantity of wine, cider and brandy from Granby, where he | formerly lived, to New Britain. | Zimitravich said he owned two cases | of beer which he had for his own use. | He could not say who owned the Balin been [ premises. s, who cording to Zimitravich. He denied he pushed men out of the store when the police appeared. He did not act as the police testified, on the day of the raid, he said. He tle of whisky on h person. He | denied he was sclling beer. Prosecuting Attorncy Woods ask- ed for convictions in both truth throughout the hearing Woods said, and he has consistently vio- lated the law on Hartford avenue. Judge Hungerford sald the ex- travagant claims of the prosecuting ittorney are only cqualled by the vividness of his imagination. He scemed to forg that this is a court and the burden of proof is on the state, the lawyer said. That these men had the liquids with intent to scll must be proven beyond a reasonable doubt, Judge ord pointed out, and the tate had not presented a single bit of evidence to prove a sale. Judge W. F. Mangan heard the case of Michael Seleman, aged 40,| of 49 Hurlburt street, charged with liquor law violation in a store at 116 Winter street, corner of Spring. Judge F. B. Hungerford represented Seleman and claimed a discharge on the ground of lack of evidence. The police are exaggerating or it s a case of the wish being father to the thought, Judge Hungerford —sald, There is nothing to the state's case according to the evidence. Officers Stadler and Hayes ratded the store on Dec. 14 about b p. m. and seized a small quantity of liquor which when analyzed showed an al- coholic content of 4.29 per cent by weight and 5.36 per cent by volume, The police removed a sink trap and Ltained the evidence. Seleman de- nied selling Hquor. He carries on & legitimate store business, he satd. Supernumerary ~ Officer William fil-;oliday mTrade — TIAT WILL MEET THE APPROVAL OF Me_ KIDDESY 5. 1927, a vhi - | Zimitrovich attempted to evade the M8 Of 1927, at which time the le Cronin, who lives across the strect from the store, testified that the reputation of the place in the neigh- borhood 1s that liquor is sold there. He has seen men in the rear of the store on Sunday very frequently. He has seen them served but could not say what they drank. Judge Mangan said he believes Seleman has been selling liquor in the store. He found him guilty on two counts and fined him $175. He set bonds for an appeal at $300. Charles Cordex, aged 30, of 163 Broad street, pleaded not guilty to | the charge of breach of the peace. | Supernumerary Officer William O'Day testified that Cordex followed | him with a flashlight about 10:30 | last night in the rear of the Cordex{ store at the corner of Broad and | Gold streets, and abused him verbal- | Iy besides threatening him and at- | tempting to strike him. | Cordex denied the charge and said the officer seized him by the coat collar in the dark and he did not Kknow who the officer was. He did not strike the officer but merely pushed him away when the hand- cufts were flashed, he said. He had not had anything to drink, al- |though the officer testified he showed signs of having imbibed. Judge Alling imposed a fined of 85 without costs. MILLION ON SEWAGE [J (Continued from First Page) |ain would be approximately 100,000 }in 1940 and that there would be an |average daily dry weather sewage flow of 10 r. illion gallons. The three | |most commonly used systems of dis- | posal were (1) sand beds, (2) Imhoft {tanks with trickling filters, and (3) activated sludge. New Britain's pres- lent plant is of the first kind, having |37 acres of beds. A proper plant of |tht type, requiring 110 acres of land | would have a capitalized cost of $1,- | 700,000 entirely renewing present | beds. An Imhoff tank sprinkling | plant, requiring 15 acres of land, | {would have a capitalized cost of $1,- 275,000. An activated sludge plant, | |requiring 8 acres of land, would {have a capitalized cost of $900,000. | |The annual charges for maintenance {including sinking fund, interest, etc., $160,000, $100,000 and | respectively. ~ With the | 1$185,000 board, Director | {Wadhams considered the city ought to proceed to make a detail survey jof its property, bring up to date all | |data regarding trunk lines, material [to be encountered and make care- | s to the reputation of the | denied he knew Balinkas had a bot- | ful measurements of the volume of | sewage received at the plant. With | |this done the city's engincers could {prepare preliminary layout plans |and estimates of costs by the begin- slature will meet, and authoriza- tion secured for the ralsing of funds for construction of the type of plant selected. During the work the offi- | clals and employes of the state water commission would cooperate with the city in every possible way. “Since this meeting the city has | taken up the matter and the use of $7,000 from the sewer fund author- {ized for the making of surveys and | { compiling of data. In order to place | the matter more fully in your hands | the committee asked the state water commission to make a statement re- | | garding the work, a letter from | Sanford H. Wadhams, director of ' | | | SRR ST SN CITY HUST SPEND sum to be expended for this | developing rapidly both a | comi the commission, is attached. “The committee feels matter has been taken up in an or- derly manner whereby the prelimin- | ary expense will be minimized. The committee also feels that the city is | especially fortunate in having the | co-operation of the tate water com- mission with Mr. Willlam R. Cope- land, its sanitary engineer, entirely familiar with the sewage disposal plants of the very latest types constructed and being con- structed throughout the country. “Respectfully submitted, “Informal Committee on Stream Pollution “W. H. JUDD, “THURE BENGSTON, “JOSEPH D. WILLIAMS. Report by Wadhams “To the Members of the Mayor's Committee on Sewage Disposal: New Britain, Connecticut. entlemen: “You will find a statement in the | following page§ of some of the reu- sons which led this commission to recommend that New Britain spend in the neighborhood of $6,000 at this time in preparing a preliminary sur- vey and estimate of cost for a new sewage disposal plant. “It is a matter of common know edge that the present filter beds are inadequate and cannot handle the sewage of the city. To remedy this condition it will be necessary to in- 1l a new plant of sufficient capa- city to treat, not only the presenf volume of sewage, but the increase which will naturally occur in the case of a growing, and enterprising | municipality in future “To meet this sit ation in the | most efficient and economical m ner possible it will be necessary to undertake this preliminary surve and study of the conditions which confront your city. In this way only an a comprehensive plan and an orderly arrangement of procedure be developed. It might be stated e that the present proposed sur- | vey is not in any way a duplication of any studies previously made. It is designad to secure basic data not now in exisitence and which it would be absolutely essentjal to ha before taking the first step in con- struction work regardless of the type of plant to be installed. “The class of information to bhe | secured may be briefl yand incom pletely outlined. “(a) Volume of sewag “The total volue of scwage must be determined mot only for the 24 hour flow but for cach subdivis of the 24 hours, and under all weather conditions. This slo and painstaking procedure but no intelligent estimate of the plant re- quired can be made until such fa are definitely determined nd the figures carefully analy S or an incomplete factor alore would almost certa cost the ci many times the total tud “This data has never been asc tained and even though it had been at some time in the past it would be necessary to repeat it now—this for the reason that New Britain has been to popu- ies with the con- se in volume and cter of the city s lation and indust ant incre change in cha age. “(b) Existing sewers. “Sewer mains in parts of the in the c of re defective o of ground and st added to th older s large volum waters are | These factors must li vestigated as they will hav portant hearing on cost of dertaking. that the | who is | “(c) Site of disposal plant. “There is no map in existence of | the site where the proposed treat- ment plant is to be located. It is hardly necessary to point out that it is essential to prepare a carefully contoured map of this locality show- ing elevations with regard to all points on the sewerage system of New Britain. Moreover, the charac- ter of the soil at the site of the dis- posal plant must be studied by test borings, as upon this factor will de- | pend construction details and may even influence the type of plant to be adopted. “(d) There are a variety of other factors to be cosidered in this pre- | liminary survey, such as the prob- | lem presented by the ever increasing | volume of used lubricating oil from garages and now quite generally be- |ing discharged into the sewers. This creates a new and serious problem in | sewage disposal. “The developments in the meth- | ods of sewage disposal, the treat- | ment of sludge, measures to prevent odors and nuisances, all require that New Britain's problem shall be con- idered in the light of all available | information. | “As stated above the study recom- mended by the commission is not a | duplication of previous work done, neither is it research or experiment- al work in the abstract. Rather it is the accumulation of the necessary | data preliminary to carrying out a definite program for providing New Britain with an economical and effi- | clent sewage treatment plant. * “In this connection it might be ob- served that the cost of constructing anadequate sewage disposal plant for New Britain will amount, in round figures, to a million dollars. | To expend a few thousand dollars in | obtaining necessary data to prevent costly mistakes appears to be pru- | dent and to follow the dictates of £00d business. | “Taking these various facts into nsideration the state water com- | mission believes that New Britain should take advantage of the large amount of useful information con- ytained in the reports submitted by Mr. Gray, Mr. Fuller, Mr, Newlands, and the {ndustrial wastes board. They will prove to be of great value, | but for reasons outlined above | should be brought up to date béfore the city definitely adopts its pro- | gram for building the new sewage disposal works. | “The state water commission will | be glad to co-operate with the city in | every way possible. Some official of | the city will In the natural course of cvents be charged with the super- vision of the proposed work. The city of New Britain is fortunate in having a city engineer of excellent engineering ability to guide this un- king. The chief engineer of the er commission will welcomy ery opportunity to advise and ase in connection with this under- | taking. i “Very truly yours anford H. Wadha Director.” Forbid Gatherings in ®chool Damaged by Fire The building department does not favor permitting dances and public gatherings in the auditorium of the 1 Heart school until the bulld- has been renovated and the dam- : done at the recent fire is re- iired. The city department fears siructural weaknesses might show up under strain, and also considers the possibility that fire might be smouldering unseen and would break out while people are in the bulld- ling.