New Britain Herald Newspaper, May 9, 1927, Page 11

NO CRIMINAL ACT IN AUTO FATALITY (Continued ffom First Page) aside from the question before the police court, he said. After Attorney C. J. Danaher of Meriden, representing Smith, had Waived reading of the complaint and eniered a plea of not guiity, Prose- cuting Attorney J. G. Woods called Sergeant John«C. Stadler to the wit- | ness stand, the sergednt having had charge of the investigation into the fatality, He testified that a tele- phone call was received at police headquarters about 2 o'clock, and he was detailed to investigate. On the way to the scene he picked up Officer John Griffen. Car 16 Inches Over Road Center At this point a sketch made by the sergeant was shown Judge Hun- gerford. It indicated that the col- lision happened about 16 inches to the north of the black line which divides the highway. Smith, ac- companied by Miss Gatherine Buck- loy of 415 ethersfield avenue, Hartford, and William Lorch of 261 Maple street, this city, was driving towards New Britain. Guiden was driving towards Plainville. Both cars were going at moderate speed, not more than 30 miles an hour, ac- cording to the statements of the drivers to the sergeant. They saw the other's car and each claimed he was on the proper side of the divid- ing line. Baker had heen taken to the hospital when Sergeant Stadler arrived. At 5:30 o'clock, when day- light revealed the marks on the pavement, Sergeant Stadler made another inspection and verified the measurements which had ~ been taken. Guiden testified that he was alohe | in the front seat and Baker was elone in the rear seat. He was about 25 or 30 feet behind another car, having maintained that tance from West Main street, New Britain. He saw two cars coming towards him on the slight curve and then he heard Baker cry out. His car and Smith’s sideswiped each other and he felt his car turn- ! ing to the left, so he applicd his foot brake until he felt the car tip. Then he released the brake and straightencd out his course, stop- ping when he could do 5o Wwith safety. He did not know Baker had been thrown out. He was positive be was on the right side of the center of the pavement‘and could not account for the collision. Finds Body in Road Charles Witkin of 969 Stanley street testified that he was driving towards New Britain at a distance of approximately 200 feet behind Smith's car. He estimated that Smith was driving at the,rate of 30 to 35 miles an hour, as that was the speed of his own car, and the dis tance between them did not vary. 1o heard the crash just before he reuched the point of collision and when he arrived, he saw a dark ob- Ject in the roadway e thought it was a spare tire, but on approaching it he found it was Baker. and Witkin put Baker into Witkin's car and brought him to the hospital. Witkin notified the police of the :uu‘ cident by telephone. Dr. John Purney, medical exam- iner. testitied that he was notifie of the fatality and examined Baker remains, He made an abdomins incision and found the the liver had | ) He was not cross- | been ruptured, examined by Attorney Danaher. Officer Daniel Cosgrove testified that he made some measurements ut the scene of the accident about o'clock. Ofticer G. W. Hellberg tified that both cars wel badly damaged on the left side, and Of- fiicer John Griffen testified to the measurements. No Drinking, Smith Testified Attorney Danaher asked for a dis- Politely Refusc substitutes if you seek the famous Quaker THE point to remember when buy~ ing breakfast oats is that only Quaker Oats have the rich Quaker flavor that you want. One package of oats without that flavor may spoil your breakfasts for a. week. ‘The price you ‘pay is the same. Thus “trying” a substitute is a folly. Quaker flavor is the result of some 50 years milling experience. No other ocats has it. Quaker milling, too, re- tains much of the “bulk” of cats. And that makes laxatives less often needed. Get Quick Quaker, which cooks in 2% to 5 minutes, or regular Quaker, Qats as you have always known, Your grocer has both kinds. Quick Quaker MOTORISTS! ARE YOUR EYES WITHIN THE LAW? Moral: Have Your Ey Examined and Know. Frank E. Goodwin Eyesight Specialist 7 Main St. Phone 1905 32 Guiden | 3 tos- | charge, saying that of the hundreds of cases of automobile accidents in which he has been concerned in the | courts, he could not recall one that | savors so little of criminal negli- gence. Judge Hungerford denied the motion for a discharge and At- torney Danaher, aiter reminding the court of a case in point and ask- ing that the decision be borme in mind, called Smith to the witness| stand. Smith said Miss Buckley was sitting beside him and Lorch was in the rear seat. They had been to a club at Sunset Rock. There had been no drinking, he said. He was positive that his car had not jcrossed the dividing line in the cen- ter of the highway. He said he las; lived in Meriden practically all his| life and has been driving automo- ! biles for four years. Lorch and Miss Buckley testified |that Smith was driving 25 or 30 ! miles an hour and was on the right !side of the highway when the col- !lision occurred. They could not ac- | _count for the accident. An insur- ance company adjuster testified to the marks on the road and certain | measurements. Attorney Danaher repeated his motion for a discharge. He sald it was assumed by the state that the cars had come together at the point where a black spot was found, pre- | sumably a grease accumulation. | This was 16 inches to the north of | the dividing line and for that reason | alone it was assumed that Smith's| car had crossed from the right side. | He maintained that automobile | drivers are not obliged by law to always drive on the right side of the | | highway. They are privileged tg drive where they please, provided | they allow cars going in the oppo- site direction reasonable space to | pass. Therefore, had Smith actually | been driving on the wrong side of | the highway, there would be a ques- | tion that he was criminally negligent | !as there are many aspects to a ! charge of this nature. The fact of | the matter is, however, that Smith | was on the right side of the high- | way, was handling his car in a care- | ful manner, and was not to blame | for the fatality. Not every automo- bile accident is caused by criminal | negligence, he contended, and in this} case, Smith certainly could not be Ihela’ for the superior court. | T want to say to Your Honor, that it he is held, the case will never > tried,” Attorney Danaher sa he thing that happened in this case might happen to Your Honor | tomorrow or at any other time. The! case has none of the aspects of | criminal negligence, and there is| nothing for the court to do but to discharge Smith.” i Woods Asks Superior Court Trial | Prosecuting Attorney Woods asked that Smith be bound over, and he | ponited out that it is not necessary | for Judge Hungerford to decide ! whether he is guilty or fnnocent. Judge Hungerford was sitting as | 'an inquirlng magistr: said, and there certainly was sufficient v\‘i-‘ dence present to justify a finding of | probable cause. The testimony of the insurance adjuster corroborated the testimony of Sergeant Stadler as to the marks on the highway and the measurcments, Mr. Woods | claimed. Relative to the claim of At- | torney Danaher that a motorist i obliged by law merely to allow rea- sonable space for another car to | pass, Mr. Woods replied that Smith \'ln'ul not allowed room for Guiden' car to pass, and that is why Baker was killed. Vernon Baker, as he was known, years of age. He came to yon, Mass., seven at the home of Kramer of Bank at one time employ- ed at the post office and later in Collins’ lunch room, but for some { time hefore his death he had been ! working at the Standard § | Bearings. Inc. Hesaw se s in the infantry and was an ac- e member of Brock-Barnes post, Amerigan Legion Mr. Baker Is survived by his par- ents. Mr. and Mrs. M. A, Baker of 7 Sheridan street, Lynn: and four brothers, Faul of Plainville, George | of Hartford, Harold of Somerville, Mass.. and Hegbert of Everctt, Mass. “Buddies” Form Guard of Honor Members of Brock-Barnes post stood guard over his body during night. At 1 o'clock this afternoon | Legionnaires met at Legion hall and | marched to the Kramer home, | whence they accompanied the body | to the railroad station, where it was placed on the 2 o'clock train for | Lynn. A flag was set up in Monu- ment Square this morning and placed at half mast in his honor. | The funeral will be in Lynn Wednes- | lay morning at St. Joseph's church, | | Lynn, and will be of a military i character. Tnterment will be made in St. Josepl's cometery, in that city. he case of Wincenty Zanicwski, aged 31, of 124 Miller street, charg- | od with reckless driving as a result of an accident gn Broad street yes- | terday aiternoon in which Adam Atashian, aged 3 years, of 102 Broad strect, was seriously injured, was continued until next Monday morn. ing. Attorney Thomas F. Mc Donough appeared for Zaniews whose bonds were fixed at $300. Zaniewski told the police he was driving on Broad strcct when some- | one shouted that the child was un- der the car. He stopped and found that the child had run into the street from a row of parked cars and his | clothing had become caught on the bumper. He was dragged along the strcet before Zaniewski knew the car | had struck him. At the hospital to- | day it was said the boy's left leg is fractured and he has other injuries {ubout the head and body. He has a “very sick” listing. Mr. street, Four Killed Over Week-End New Haven, May 9 (P—Death rode with misadventure in automo- biles over the week-end and the toll claimed was four lives and numer- {ous injuries to others. Two men died in Norwalk after a collision on the highway there, another was fa- tally hurt near New Britain and a three year old girl died in New Ha- ven after being struck by a ma- chine. State highways were well throng- ed with machines in the ufl(‘rnoonl and at many places traffic was so| heavy that state officers and local officers had their hands full gulding it safely and speedily. ! ¥rom all reports it was evident ‘that automobile traffic reached its high point for the spring and much of it was over the main highways. The crash in which two men lost | their lives was at Wilton, on the| turnpike, where a light delivery wa-| gon in which was a barrel of cider, | |30th annive NEW BRITAIN DAILY HERALD, MONDAY, struck a light touring car. Stephen Agocs, of Georgetown, 24, was burn- ed by an explosion of gasoline the impact, while Paul Simo, Fall River, Mass., was thro of the car and both died in Nor- walk hospital. In the touring car Frank Ancona, driver, of George- town and Lavano Gonzalos, of Fall | River, were seriously hurt. Agocs sald before death that he aw the touring car approaching and turned to the left to avoid it Jjust as Ancona swerved to avoid him and they rammed each other head on. The cider was being taken to a uction camp on a back roa Willlam Vernon Baker of Plain- ville, 2%, was in a crash near a fill- ing station on the ew Britain- Plainville road. Baker died at the hospital. Others hurt were John Guiden, Plainville, FEdgar Smith, Merideén, and Catherine Buckley, Hartford. In New Haven, the child killed was Yolanda Sabastiani, and Leo Fazzone, driver of the car which hit her, claimed that she ran into the street in front of him. Three other children were hurt in the city by “hit and run” drivers. At Westport, Mass., Mary Grif- fithe, school teacher, was seriously hurt by a machine driven by George Smith of Stamford. A collision between a car and a motoreycle with sidecar, at Fairfield sent three to the hospital but John Gaul, occupant of the sde car was not badly hurt. =& Andrew Lebik, driver of the mo- orcycle~had a compound fractured eg, and Edward Allen of Westport, the other driver, had his wooden log splintered and broken. He was held by state officers on a technical charge of reckless drlving. SCHROEDER SUED FOR RENTAL DUE Meanwhile Non-Support Charge Against Victim Is Dropped Frank Schroeder, war veteran who is undergoing treatment for amnesia at Norwich, was freed of non-sup- port charges through a nolle entered in police court by Prosecutor Joseph G. Woods today, and was later sued for $1,000 damages by John and Amelia Rudolph, guarantors on a lease held by Schroeder on the 0dd Follows' bowling alleys on Arch street. Schroeder, arraigned in police court several days ago after he had been found wandering about the streets of Rahway, Pa., disclaimed acquaintance with members of his family and recognized no friends who called on him at headquarters could not even remember I ever been in New Britain, he although he had lived and worked here for many years. The plaintiffs in the legal action declare they gave a mortgage in the amount of $4,100 on' their property to insure payment by Schrocder of $166.66 per month om the Odd Fel- lows' bowling alleys. The rent for t 1 March and April has not been paid | and they are indebted to the Odd rell n the amount of $33 Property on Com- e, owned by Schr att they set forth. monwealth avenu der has been placed under ment. CHINESE'S TRIAL HELD UP FOR WEEK 11 Jurymen to Be Locked Up Awaiting Twelith May 9 (P—Eleven twelve men who heard th t mony in the murder trial Lung and Soo Hoo Wing today vot cd to remain locked up for a week to give the twelfth man, Willias W. Hall of Marlborough, time to recov- er from pncumonia. Mr. Hall reported to be improving, but at least another week will be requirced before he is able to resume his p in the jury box for the singl needed to end the trial. Only arguments of opposing coun- sel and the judge's charge to the ry remain to be heard before the se of the two Chigamen accused Hartford, o of killing Ong Ging Hem in Man-| ester on March 24 goes to th jury. The jurers, who have been locked up at the hotel Heublein since tho trial began two weeks ago to | will he allowed to go to their home occasionally during the coming accompanied by deputy to attend to personal mattc manding their attention, but will obliged to spend the n and of their tim hts this to his eleven co-jurors court was adjourned May 17. m Surprised in Honor of Their 30th Anniversary About 40 friends of Mr. and Mrs. George Margelot of 214 Rhode str tendered them a surprise party Saturday evening in honor of th ary of their weddir April 24, Guest: were present from Albany, N. Y. Hartford, Rainbow, Conn city, Mr. and Mrs. Margelot were the recipients of many presents. which occurred | They were married in this city and blessed the . Mrs, Ernest, at the the following children union: M Emily Machol Emma Torot of Hartford, Edward, Herman and L; home, and Walter, serving in Navy and now stationed at Washing- | ton, D. C. A son, Oswald, was killed in service during the World war. Mr. Margelot has been employed at the P. and F. Corbin company for the past 20 y APPLESAUCE Dentist: Now, I'm not going to hurt you at all, so just— New Patlent: Cut out the pro- fessional chaiter, old man. I'm @& dentist myself.—Answers, London. is | nd this | PARIS JOYOUS AT FARLY DISPATCHES (Continued From First Page) | landing gear, pped after their | |start, weuld muics descent on the {water mygh safer than on A formal welcome b Walker planned to ta as soon as the fliers fecovered from the ex- | haustion of ! Wishes of success for the French fliers was voiced generally by fliers here, who spoke highly of the cour- age shown by Yha men in taking off jin the £ Iverse weather con- ditions. | Has Difficult Task | Mitchel Field, N. Y., May 9 (P— | {1t Captain N brings his “White Bird" ow York today, army airmen at Mitchel Field that he have done mor, fly from Paris to New York—. will, in their opinion, have acc jlished a miracle of the air in pene. | plished a miracle of the air in pene- trating the unfavorable visibility yconditions to find his objective. Army airmen suggested that visibility tod so bad that u less a pilot was thorougt familiar | with the course or ¢ ollow the ! coast line it would be most impos- |sible for him to reach New York. Captain Nungesser's chances of fol- lowing the coast line were regard- ed as improbable on account of his |almost certain scarcity of gasoline. Reports to the army air field from |Fort H. C. Wright on the eastern tip of Long Island were that condi- tions for flying there were very poor. Plans for a five plane formation, headed by Lieutenant Colone Fouiois, to meet the French airmen were virtually abandoned in the face of | the weather conditions described by ‘some alrmen as “impossible.” Fly ng in the clouds, rain and fog to- day they said would not only be hazardous on its own account but making also grave danger of a col- lision with the French flyers. Landing Difficult | It Captain Nungesser is forced |down after reaching the United States and flying cross coun k task will not be easy. ree that the plane can be landed without the assistance of landing gear but that none of them would like s ; The cons than He the Army air- mong the flyers White Bird" has Deen so duffeted by head winds that its gas supply should become low, Nungesser will attempt to find a body of water on which to land. | Weather Conditions Lay he forced | lled today when a blanket g and rain such as greeted | them on their approach to the New England coast provided similar conditions for Captain N er, | flying from Paris to New Yo e airmen returning from their flight around the world had intended to 'make their first stop at Doston but hecause the weather made the tep |down the coast hazardous they {dropped down at Mere Point, an | is spot on the Maine s hich had been t ¢ all the for here shortly visibility was r ort distance. Orfshore to a very find ‘minate his the innur along the | Maine co: HAYOR MUM ON PROTEST | ON SUNDAY HOVIE SHOWS Weld Makes no Comment on Reso- | flight in some one of ble harbors and coves hy and frr r lutions Adopted at Mecting of Exchange Club. Chin | Mayor Weld today had no e ment to make on the resolution s | mitted by the Exch club recom- | mending that no ordin {acted to permit Sunday afternoon | moving picture shows. on which a local option statute has been passed [ by the ge assembly. The mayor will forward the resolution re-, ved by him to the commen coun- cil. On th noon movi believe that t ment upon the { opportunity for CENTRAU JR. H. S. NOTES , The weekly morning exercises at he Central Junior high school were held this morning, in the torium. William Crowley offic Mr. French spoke en the number of deficiencies in the eighth srade and complimented the group on having the llest numbe deficiencies he school | presidents of each eighth grads {tion present gave a report on the | number of ti sold and the amount of Red Cross moncy for the refugees in the Mississippl riv {Nood area. Mr. French also compli- {mented $-2-B for raising $5 for the fund. A committee of three w appointed to see what could be done | to have an egg hunt similar to the one held in Waterbury. The ch man of this committee is I'redr | Ritter, ~ READ HERALD CLASSIFIED ADS| | | dren Fa N AY "9, 192 WOMAK PROSECUTOR HERE | 10 SPEAK ON COURTS | to Adiress League of Women | Voters. ’ Mrs. E Roth of New Haven Mayor | 2 legislatur fort to ion o st tablishing a dome: in Connc and sp Mean to You SAINT ROMAN 1S NOT YET LOGATED Uncontirmed Report Tells of| His Salety 9 (UP)— a Saint Roman, o has been miss- Par; iine today port that 8 French airman, w ng sinc Islanc confirma- found oif the Cape Ve The report without tion, »anions had been > vieinity of the Cape indlcated that the re- Verde Isl DOTLS W Pernambuco, —Capt. st tor, a attem Atlant Braz n Roman y 9 (UP) nch avia- the 1 missir South g to- ands near the co: places ¢ 00 trace of the plane who left for this ci or airmen, Thursday mor: the ing Priest’s Injury Was ! Correctly Di | ir to a misund H e part of the Thomas F. | chureh, at a hou = | said. > hospital, r Dr. David | a William examination showt cap had been £ 3 ans advised confined to his bed for a | Dr. ‘The physic ] chu acquiesced in request, and was effected. assumption by public that h ital fou part of Student Driver Figures In Collision With Bu Jerome str Sulina A owned of 46 Pear 95 C p. mmerc| hurt and no arrests v Antomobiles nd Broa Plainville man was west on Broad was driving east o hen they apparently the distance. Leghorn&Thomas, Inc. Jewelers and Silversmiths ine Diamonds and High Grade Watches 87 WEST MAIN ST. SLIP COVERS SALE Protect Your Furniture From Dust In Beautify Your Home. Cretonnes in the New- 3 PIECES, SET Large Sclection ols 98 J » est Patterns., ade to Order With Our Own Ma- terials. Factory to You. All orders Get Guaranteed. Our FRE)] Estimate, FASHION DRAPERY SHOPPE 60 MAPLE AVE. HARTFORD Phone 3-1561 or Write for Samples and Estimate, DISTANCE NO OBJECT | plans, {of worshiping God in the language | City Items CLARKIN PLANS T0 ~ REBUILD AT ONCE 'Loss in Sunday’s Fire Now Put at About $15,000 Hartford, Conn., May 9 (P— Preliminary plans were under way this morning for the construction of a grandstand at the local basee ball park to replace the onme de~ stroyed late yesterday afternoon inm a $15,000 fire. The stand seated about persons. It was built seven rs ago of wood and steel construetion. Owner James H. Clarkin said to- day that he hoped to be able to play home games under a make- shift within two weeks. It is plan. red, he said, to start Tuesday the work of cleaning away the charred and twisted remains of the big grandstand and of removing the other debris cluttering the field. Then the work of restoring the plant—one of the finest minor league units in the country—can go forward and games can be played o Bass Leads First Year Group, | ziruout any hintrance o the re- Young Junior Midyears The plan is to secure bieachers the temporary seating sections such time as the new stands k< David, Joseph| David Bas David Benja- | tral Junior H iva Yorie, Theo-| class at its » completed. The playing field, course, was not affected by the dore Eshoo, Joseph Oc ), Absolam was ag: Georgas, Philip Wer . David | the class in njamin, Mrs. Elizabeth Dooman, Theodore Ishoo, Mrs. Sophie corgas, and Mrs, Anna Yonan, The meeating was held for the purpose of erccting a church build- ing and the following resolutions b were adopted: 4 [times any overflow that might o s s o | i | eventuate could be cared for on the Presbyterian faith, born and brought | f & flela outslds the playiiE B oS in lh‘:!( }:Alll]l‘t dobhr'lrvlhy Sctrup,‘ 3 | agree and help to build a First 3 | . ‘Who Is Your Skinny ' Friend, Ethel? esbyterian church in the city of | New Britain, Conn., for the purpose Tell him to take Cod Liver Oil the w way for a couple of months and t enough good healthy flesh on his bones to look like a real man. Tell him he won't have to swallow the nasty cod liver oil with the fishy taste, be- cause he can now get the same kind of weight produc- ing vitamines put up in sugar coate ed tablet form. Tell him to ask for McCoy's Cod Liver Oil Com- pound Tablets — every druggist worthy the name sells them — 60 cents. Any man or woman can put on five pounds of healthy flesh in thirty days or the | money paid for the tablets will be refunded. One woman put on 15 pounds in six weeks. Children grow robust and strong. Demand McCoy's, the original and | genuinc—there are imitations just there counterfeit mon RAISE §2350 FOR | NEW CHURCH HERE - Assyrians in Campaign lor Preshyterian House of Worship | New t Britain Traffic Bureau this evening. Fredeen, pastor of church, will speak ub meeting Wed- be elected Rotary cl at the Thurs- | r. and of 660 West ),000 which is in the erection of near future. Eintracht lodge, hold O DB z tomorrow Foll. 1 seric pinochl 8. will night at ow s of thre tourna- the sixth meet - GLASS PRESIDENTS - ATNEWBRITAINK.S. o At present they 3 Sunday afternoons in the 1ection with th Baba Y. Jones parish, this morni: r publication the foll rent: of At a meeting held at the ho; Theodore Eshoo, by t the executive commit t rian Burritt Mission ntly | e following members v. D. J. Benjamin, | D president of the Cen- h school ninth grade ad of The bleachers in left field were left unscathed and are available to supplement. ch other seating ~ilities as are provided. Under this temporary arrange- there would he ample seating ty for all of the games with exeception of Sunday games and _at those its first year at common to our old aged and those men and women lacking knowledge | of the English language. | “Realizing therefore as we are| the only nation which does not| own a church building of its own in New Britain, we felt it our| duty for the sake of God and man to struggle, help and appeal to the| public of New Britain to a: in building a church. “As believers of the indcpendence | American standards, from now | on we stand firmly by that spirit of | sclf support through assistance of » Almighty who makes the poor h and solves all their difficultic ‘or a good cause. DAVID BASS school, according to figure leased by the school authori ton Young, one of the prominent young organizer re- s just s. Mil- | “Therefore, for the foregoing rea- together with our faith in th ian spirit, we donate and re-|, quest the public of New Britain to| | donate for this good and needec cause—help to build a church those that help themselves, b to send your don elected to | d-year cla: with B which is headquarters for the cam- | s paign which begins at once.” yesterday when was raised, me ers contr buted from $100 to $300 each, it is rve wi [ |beth Curtin, 1 Goodwin, | 'READ HERALD CLASSIFIED ADS For Curiosity’s Sake "TRY DESCO ’ You have read the claims we make for Desco Dry Cleaning. For two years we have been shouting from the housetops that Desco Refreshes Colors Desco Renews Lustre Desco Reserves and Strengthens Fabric Desco Mellows the Fabric Desco Raises the Nap and Sets the shape And We Say Emphatically That Desco IS Dry Cleaning at Its Best The steady amazing increase in our business is the “Proof of the Pudding.” You ought to try Desco, for curiosity’s sake alone. ordinary Dry Cleaning. Just Say 904 to the Operator. We'll Show You a Real Job. i f ARCH ST, WEST MAIN _ST.‘ The New Moth Proof Bags Now Ready ! i Ask for Yours.