New Britain Herald Newspaper, July 6, 1927, Page 11

NEW JUDGE HEARS " WIS CITY 15 DAP . First Liquor Casés Bronght Be- Tore M. D. Saze Today On the third day of = his police court judgeship, Judge Morris D. Saxe this morning heard a case in which a man accused of violating the liquor law pleaded that he had pur- chased cider believing it to be non- alcoholic only to have it test 4.77% by volume and 3.87% by weight; the case of another alleged violator of the liquor law whose wife testified that it was necessary for her to have liquor in the house at all times, otherwise the head of the house would go elsewhere and drink; the case of a second offender against the statute relative to operating an auto- mobile while under the influence of liquor, and others. The session lasted until 11 o’clock, being one of the longest in the local court in several weeks. Cider Was “Hard” Salvatore Diblace, aged 42, of 237 Washington street, who pleaded not guilty to the charge of violation of the liquor law when arraigned last week, changed his plea and was fined $100 and costs. The charges against his wife, Mrs. Michelina Di- blace, were nolled. Attorney M. A. Sexton said he advised the plea of guilty as soon as he learned that the analysis of cider taken from the store at 237 Washington street, showed the alccholic content as stat- ed. Consideration should be given, though, to the fact that the cider was purchased in good faith, and the violation is only a technical one. Relative to two bottles of liquor and two drinking glasses, the state could not prove ownership, as they were taken from the entrance to a com- mon cellar in the building, there be- ing six families living there, the at- torney said. The arrests were made on June 29 by Sergeants O'Mara and McAvay. Lysakowski Fined $150 ‘Walter Lysakowskl, aged 29, of 94 Broad street, proprietcr of a store at 96 Broad street, was fined $150 and costs for violation of the liquor law. Detective Sergeant McCue and Sergeants Flynn, O'Mara and Mc- Avay went to the store last Saturda afternoon and searched for liquor, having a warrant in their possession. They were unable t- find any liquor in the store, but L -akowski's wife turned over to Sergeants Flynn and McAvay a jug of-moonshine which she had in a <clothes eloset in the house. She sald she did not know they were . policernen and they frightened her on entering her~home without warniug. She had the li- quor because her husband drinks and 'she felt it was safer to allow him to drink at.home than to have him chdsing around -the neighbor- hood to quench his thirst. Asked why the liquor was hidden in the closet rather than Leing kept in the pantry, she said she did not want her children to reach it. denfed that her husband sells Hquor in th store or the house. A window pane between the house and the store was broken by her three year old child som time ago. she THE HERALD Sent To You When You Are On She | said, explaining the testimony of the police that appearances indicated that liquor was kept in the house and passed through the window to the store. Patrolman Thomas Lec testified that he has seen men of drinking habits in and about the store, and he has arrested some of them. A “lookout’ ’is employed >y Lysakow- ski to watch for the police, the of- ficer sald. Sergeant O'Mara also tes- tified that men congregate in the store and at the time of the raid a small card game was in progress but the players were not arvested. They dispersed after being warved not to gamble. Attorney B. J. Monkicwicz- ap- peared for Lysakowski and claimed | the state had not proven reputation or a sale. Every detail bad been ex- plained satisfactorily, he said, but Judge Saxe felt that the evidence was sufficient for a conviction. Filenski Also Chips $150 Alexander Filenski, aged 37, of 90 Albany avenue, was fined $150 and costs for violation of the liquor law in his home. Judge Saxe said there was no substantiation of the charge | of reputation, however. During his | argument for a discharge, Attorney | Harry M. Ginsburg, representing | Filenski, said the case was one of | the weakest he had ever seen in the | local court, and Peter Swider of SG: Alden street, on whose complaint the 1 warrant was issued, was “‘one of the worst liars ever to come into police court” and made “a sad attempt to convict a man.” Swider testified that he became 8o exasperated at coming home from work day after day and finding his wife intoxicated after having visited Mrs. Filenski or entertained the lat- ter, that he went to the police and made a complaint.He sald on one oc- casion he was present when a man named Stanley purchased a drink of liquor in Filenski's home. When At- torney Ginsburg cross-examined him, .however, he tried to leave the wit-| ness stand, saying he did not want to have an argument and he had| “enough,” but Judge Saxe told him | to remain seated until excused. Sergeants McCue, OMara and Flynn went to Filenski's home last Saturday afternoon between 2:30 | and 8 o'clock and served the war. rant. Filenski was in the backyard | and on being asked wh:ther or not| he had liquor in the house, replied | | aftirmatively and invited the officers | to go in and find it. Sergeant O'Mara found two jugs of home made liquor |and Sergeant Flynn fouad one five- | gallon jug partly filled, in a bed- | Iroom. A “still” and a quantity of | mash were also found. Filenski, according to the police, said he made and used the liquor but did not sell it. Questioned as | to the rcason he had such a quan- tity on hand, he did not reply, Sergeant O'Mara said. In his own defense, Filenski denied that he sells liquor or had ever sold it. Drunken Driver Jailed Emil Bergeson, aged 51, of New- | ington was fined $125 and costs and | sentenced to jail for six months, of which all but 15 days were sus-{ pended, on the charge of operating | an automobile while under influence | of liquor. A fine of $10 and costs was imppsed on the charge of driv- ing an automobile with improper brakes and judgment was suspended on the charge of failing to have his operator'd license in his possession while driving. Through Attorney YO { fled that Bergeson was unfit to drive. | very serious offense, in his opinion. | Arch street was continued until July | jumped from a third story window | {at his home several days ago. |Rogers Ridicules Report | | Of Millicent’s Engagement | | ed engagement of Millicent Rogers, | Chamberlin NEW BRITAIN DAILY HERALD, WEDNESDAY, JULY 6, 1927, Harry H. Milkowitz, an appeal to superior court was taken. Bergeson, who was convicted in 1925 of the charge of operating an automobile while under the influ- ence of liquor, said he had not been feeling well of late and yesterday he drank one glass of cider and took quinine. He was driving on Arch street shortly after noon and almost collided with a car.when Officer Strolls noticed him and ordered him to leave the seat. The officer testi- Ofticer H. C. Lyon, who drove Ber- geson’s car to the police station, testified that the foot brakes and the emergency brake were useless. Bergeson, after having pleaded guilty to the charge of driving while under the influence of liquor, said he dld not know the brakes were bad. The cider and quinine made him dizzy and unsteady, he sald. At- torney Milkowitz asked that Judge Saxe be as lenient as possible, as Bergeson has a family depending on him and he is busy on his farm so that a jail sentence would be very severe. Assistant Prosecuting Attorney Greenstein recommended the fine and jail sentence, and said he felt Bergeson should serve 15 days, as he i8 a second .offender. Judge Saxe sald he considers it fortunate for Bergeson that the recommenda- tion of the assistant prosecuting at- torney was so light. Driving an automobile is a difficult operation even when a person is entirely sober and to drive while intoxicated is a The case of Stanley Kloskowski, aged 23, of 340 High street, charged with reckless driving on June 28. | was continued until July 20. At- torney B. J. Monkiewicz appeared for Kloskowski. The case of Henry O'Neil of | 718 13., He is under treatment at New Britain General hospital for a frac- ture of the spine, suffered when he New York, July 8 (UP)—Report- divorced wife of Count Salm, to a wealthy Argentine sportsman, was ridiculed by her father, Col. H. H. Rogers when he and his daughter | returned from Paris aboard the ‘White Star liner Olympic. “Bunk,” said Col Rogers. “There's absolutely nothing to it.” And the former countess nodded confirma- | tion. | “Naturally, I expect that Mllllccnlj will marry again,” the millionaire oil | magnate went on, “but next time the engagement will be duly an- nounced.” Chamberlin and Levine Are Guests at Luncheon | Paris July 6. — (® — Clarence and Charles Levine, New York-to-Germany fliers, were | feted by the International League of Aviators today at a luncheon at which Fraulein Thea Rasche, Ger- | man woman pilot; General Picclo, | Italian aviator; Sadi Lecointe and other noted fliers were present. At the conclusion of the lunch- eon, Clifford Harmon, president of the organization, announced that Mr. Levine had given him 100,000 francs for the erection of an aviators’ | clubhouse at Le Bourget. UR DISORDER FEARED AT BIRGER TRIAL Kuthorities Making Plans to Forestall Trouble Benton, Ill, July 6 UP—Precau- tions to prevent disorder were taken by authorities today, the date set for the opening of the trial of Char- | e Birger, notorious southern Illinois gang leader, and two of his hench- men, charged with complicity in one of the numerous slaying of this area in the last three years. Sherift Jim Pritchard expected little trouble, however. Birger, who {s a former coal mine gambling house and restaurant oper- ator, is charged specifically with planning the murder of Mayor Joe Adams, of West City. Two of his henchmen, Art Newman and Lay Hyland, are alleged to have been accessories in the act. The gang chieftai . Is known to have been an arch enemy of Mayor Adams because, Birger had contend- ed, West City was the stronghold for the Shelton gangsters, who were bitter rivals of the Birgerites. Benton, Ill, July 6.—(UP)— Charley Birger confronted the law today without the aid of his trusty machine gun. The famed Southern Illinois gang leader—whose exploits in the san- guinary warfare of Little Egypt gave him the title of “Machine Gun” Charley— was brought into court to stand trial for the murder of Mayor Joe Adams of West City. It was one of the many deaths attributed to the gang warfare between the Shelton and Birger groups. Birger was one of the main figures mentioned when the rat-a-tat of ma- chine gun was feared throughout Willlamson, Franklin and Saline | counties. Short of stature, with a cynical smile and a loquaciousness that approached braggadocio, he headed the famous, Birger gang which centered at ‘“Shady Rest” a | road house near Harrisburg and Marion. This roadhouse was one of the most picturesque of spots in South- | ern Illinols. It was situated deep in | a grove. Electric lights sprayed day- | light about the place even at night. Generally an .armored motor car | could be seen standing in front. In the rear there was a rifle range ; where members of the Birger gang | practiced marksmanship with every- thing from army automatics to ma- chine guns. | Always heavily armed guards | were on duty in front of the place. Once the roadhouse was bombed | by atrplane, but the bombs fell short. Later bombs shattered the | place and four members of the | gang were killed in either the ex- plosion or the fire which ruined the building. Birger evaded arrest and talked himself out of situations time and | again. But Mayor Adams, said to | have been friendly to Carl, Bernie | and Earl Shelton, was killed. Two youths called at the Adams home, which is on one of the main highways leading to Benton. It was VACATION Keep informed on the affairs in New Britain, it’s like a letter from home. 18ca Week or 75¢c aMont Prepaid on a calm fall Sunday afternoon. They presented a letter presumably from Carl Shelton. 1s Shot As the 300 pound mayor strolled to the door the two youths started shooting. Adams fell dead. Subsequently Harry Thomasson— brother of Elmo who was one of the men killed in the destruction of Shady Rest—was arrested and con- fessed that he and his brother had killed Adams. He sald the Killing was at Birger's command and that they were given $50 each for the shooting. Birger was indicted. For several days there was ques- tlon of how Birger was to be arrest- ed. He was in Saline county. Final- ly he submit{ed to arrest and even ' took a machine gun with him into the Saline County jail through fear that some of his enemies might at- tempt to take his life. Later he was brought to Benton and still later removed to Spring- fleld and Bloomington after subse- quent confessions had involved him in even more brutal murders. The removal to Springfield came after Art Newman, one time his lieutenant, had said he watched Birger machine gun Lory Price— state highway patrolman—to death. Mrs. Price also was killed and ac- cording to Newman the killing was at Birger’s command. Birger with several of his lieu- tenants was indicted in the Price murder, Some difficulty is expected in se- lection of a jury as popular resent- ment has arisen throughout Frank- lin County to the gang chief. American Students Are Observing Russian Life Leningrad, Russia, July 6.—(#)— A declaration issued in the name of a group of students from Syracuse university and Bates college who {served the second have been visiting here expressed surprised that, without precedent to guide them, the workers of Russia had made so few mistakes in their’ “gigantic attempt to revive the life of the nation on a basis of justice and humanity.” The report which the students will make of their observations, the declaration adds, will, they believe, lead to a better understanding and closer relations between the nations. The students were here ten days. They left for Moscow. City lterfis The regular meeting of the junior members of Court Columbus, No. 27, holic Daughters of America, will be held at 2:30 o'clock tomorrow afternoon in Red Men’s hall. Plans for the coming picnic will be made. Hol Lunches at Packard Drug. advt. Breakfast at Crowell's—advt. Summer school § to 1 daily, Con- nccticut Business College.—advt. The common council claims com- mittee will nieet tomorrow evening at 8 o'clock at city hall. A daughter was born at New Brit- ain General hospital today to Mr. and Mrs. William Goodison of 86 Sexton street. The Military Order of Lizards of A. G. Hammond camp auxiliary will meet this evening at § o'clock at the state armory. A daughter was born Sunday night at New Britain General hospital to Mr. and Mrs. Ercole Buccini of 86 Beaver street. Mr. and Mrs. Thomas Kehoe ob- anniversary of their marriage last Sunday at thelr home, 51 Putnam street. They enter- tained relatives and friends from Hartford, New York, Springfield and this city. PAYS FOR FACTORY LOOT, LOSES J0B, FINED $25 Carmody Street Man Suffers Penalty For Thefts While at Stanley ‘Works Nikodym Bezrutczyk, aged 37, of 88 Carmody street, stole hardware valued at $73 from the Stanley Works and used it in a new house, but it cost him $25 and costs with a suspended jail sentencs of 60 days, in addition to the loss of his job and the price of the stolen articles, it was disclosed -in police court today. At {the time of his arrest several days |ago, he pleaded not gullty, but |through Attorney. Harry Nair the | Plea was changed to guilty today and the recommendation of Assistant | Prosecuting Attorney W. M. Green- stein approved by Judge Morris D. { Greenstein told the court | restitution has been made and Bez- |rutczyk is no longer in the employ of the Stanley Works. In view of these facts and in consideration of {hl! plea of guilty, Mr. Greenstein ‘Sn‘ld he felt the fine and suspended jail sentence would satisfy the ends of justice. In the case of Lawrence Uhryn of New Haven, who forfeited a $200 bond posted by E. O. Kilbourne by failing to appear in court last week to answer to the charge of violation of the law relative to conditional bills .of sale, Mr. Greenstein recom- mended that the forfeiture of the bond be erased and a fine of $25 and costs be imposed, execution suspend- ed on payment of costs. Uhryn has paid the John A. Andrews Co. for the articles purchased on the con- ditional bill of sale, Mr. Greenstein said. The allegation was that he n had placed the articles beyond the company’s reach by moving them to New Haven in violation of the terms of the conditional bill of sale. Judge Saxe accepted the recommendation of Mr. Greenstein. 16000 70 STRIKE Tampa Cigar Makers Plan Walkout ‘Tomorrow to Continue for Twenty- Four Hours. . Tampa, Fla., July ¢ (A—Sixteen thousand Tampa cigar makers will g0 on a 24-hour sympathetic strike tomorrow for Nicola S8acco and Bar- tolomeo Vanzetti, under death sen- tence in Massachusetts, it was an- nounced today by members of the strike committee. The walkout here is the result of a ballot taken a week ago in the cigar factories which was carried by a vote of 6/795 to 301. It will he “ |staged simultaneously with a sim- lar walkout in New Yori, which is scheduled to last only one hour, The strike is scheduled to begin at midnight tonight and Coatinue une til the same hour tomorrow night, At noon tomorrow a mass meeting is planned in the labor temple when a program of Spanish, Itslian and English addresses will be held. A resolution will be adopted and go to Governor John T. Fuller of Massa~ chusetts, asking executive clemency for the condemned men, leaders stated. HUBBARDTON CELEBRATES Hubbardton, Vt, July 7—The khaki of the National Guard of to« day marched with Colonials carry« ing flint locks of 1777 in the parade today which celebrated the 150th an« niversary of the battle of Hubbard« ton, the only revolutionary conflict fought entirely on Vermont soil. STEADY GROWTH It is the steady growth of a concern that inspires confidence in its management. Even so is this true of a bank. The steady & L growth of this bank bespeaks the confidence held for RESOURCES OVER $1,000,000 DEPOSITS Dec. 31, 1925 .. Jun e 30, 1926 .. Dec. 31, 1926 .. June 30, 1927 .. Report of the Condition of THE CITY NATIONAL BANK Loans and Discount .................. Overdrafts U.S. of New .. §120,082.71 ... 42624805 Britain At the Close of Business the 30th Day of June, 1927. RESOURCES Government Bonds . ... (To secure circulation) Other U. S. Securities . Other Bonds .............. Federal Reserve Bank Stock . Bank ing House Furniture and Fixtures .... Due from Federal Reserve Bank ...... voenne...$200,000.00 24,562.50 ceeeeen.. 113,992.00 7,500.00 41,214.53 7,907.53 12,840.45 Cash in Vault and Due from National Banks Checks on other Banks ...... Redemption .. Other Assets . Capit: Surpl Conti Circu Deposits Bills Payable or Other TRUST SERVICES 35,001.60 20,089.68 620,050.93 739,288.87 $ 716,328.44 111.78 224,562.50 121,492.00 49,122.06 67,931.73 10,000.00 3,547.92 $1,193,096.43 LIABILITIES al Stock .. us ngent Fund and lation i Undivided Rediscounts ....... e Lialiflities .....c.oonvs i, Profits 5 .$ 200,000.00 50,000.00 3,807.56 200,000.00 739,288.87 A None % None $1,193,096.43 COMPLETE BANKING SERVICES FOREIGN EXCHANGE SERVICES THE CITY NATIONAL BANK MAIN AT EAST MAIN Depository for TU. S. Gov't. City of New Britain PAUL K. ROGERS, President and Trust Officer JOSEPH F. LAMB, Vice President FRANCIS C. KELLY, Cashier HAROLD L. WHITE, Assistant Cashier i D e e A e gt (i