New Britain Herald Newspaper, April 24, 1928, Page 18

<W BRITAL - JACOBS BOUNDOVER ON THIRD OFFENSE Lawgers and Police “Agent” . Engage in Spicy Repartes After a trial lasting almost two goum in police eourt today, William acobs, aged 26, of 574 West Main Street, charged with violating the uor law on April 13 and 14 at is home, was found guilty by Juds: M. D. Saxe. He immediately eharged with being a third off mnd was bound over fo superi court, June term, in $1.000 bond Attorney Harry M. Ginsberg, ¢ bense counsel, said difficulty been encountered in raising § for Uacobs' release following his arre on April 14, and Judge Saxe told him he would hear him at a later time should Jacols be unable o fpost $1000. Several times during the hearing Qudge Saxe found it mnecessary to Fequest Prosecuting Attorney Woors d Attorney Ginsherg to get to the fpolnt, as there was a volum: of ‘business before the court. e Me did not mean to criticize the at- Rorneys but he urzed that they do ' ing possible to save Ginsberz and Woods Cl At the outsct of the hearing At-| forney Ginsberg obiccted to the ad- dition of a count charging violation lof the liquor law the 1 Wpril. He pointed o was in progre was s on Mr. Woods asked v and on defense 'Was that the continuance?” At- asked. resuming Tound the new co purpose of t Rorney Ginsherg “What do you ®ontinuance,” Mr *T do not need ipresenting state’s case. Don't worry. You won't get @ny.” Attorney Ginsberg replied Tudge Saxe said he was powerluss Ro prevent the state from adding a ‘count but if the defense counscl iwizh to confer with his client or ob- tain a postpo for any reason Te could do so. | “Ne, we will proceed, but T sim- | Ply want to have the court note the | wttitude of the state,” the attorney Teplied. Officer Graheck testified that the Sagent’ "was t to Jacobs’ home | k bout § p. m. the 13th of April to| ‘purchase a boitle of liquor. His re- turn was awaited in an automobile | outside the house, and about 10 {minutes later he came out and turned over a hottle. nt mean, purpose of Woods retorted vour assistance i o Lawyer Grills Police “Agent” The “agent,” who gave his nan ®s Donald Louis Graham, was tl next witness, and for half an hour was subjected to a severe grilling by ‘Attorney Ginsberg. Graham testified that he has been an “agent” for four years in various places. | He has been in Albany, Schenectady and Amsterdam in New York and Hartford, Bristol and New Britain in Connecticut, but he has been in the employ of the police in no place but New Britain in this atate. A man with whom he Vecame acquainted by chance on the street ! and whose name he did not learn brought him to Jacobs' home where he bought two drinks and half a pint for $1. He brought the bottle to the police station and was sent buck in the evening of the 13th. | He had an arrangement with the police whereby he would receive premium” for obtaining evidence in liquor cases. Attorney G wanted to knosw the amount of the “premium.” but Mr. Woods object- ed and Judge Saxe ruled that € ham was not obliged to statc the amount. Attorney Ginsherg went to some length to test Graham's credibility, and Mr. Woods objected to many of the questions as irrelevant Policeman Contradicts Witness Judge also expressed th opinfon that the defense counsel was going info unimportant details and asked him to get to 1} at of the case more dircetly, Officer Daniel Cosgrove followrd Graham on the stand and corroborated the tes- timony of Ofticer G but in reply fo Attorne g} nicd that s made tween the polic and th cobs’ home « idener a number of “He other tri “Never torney ( make any s10ps “We did not wd Dete fied th Troy, sherg ops were be- station & trip after the had testified that sere made must b sed wi * Officer 1ind your nsberg ore tive What liave vou testimony of Gral were 1 )5 homs pursue 1 would say e er, \king up the alle Mr. Woods calle mother el here wus Do ¢ Jacobs® eellar, but a milk bottle con ning alcohol was found by ant O'Mura in ¢ na closet Jacobs' tenemc Mr. Woods s oviden everything that swas Judg . admitted all but the empty b b ership - cellar. T in to the house by a grocer named Sharp while the raid was being made, testimony to this effect having Leen introduced yesterday. Gift From Mother-in-Law Jacobs, in his own defense, testi- fied that the Dbottle fourd by Ser- geant O'Mara was given by his mother to his wife, who had put a slice of orange in the alcohol to favor it.and she intended to take it to her mother’s home in Ansonia on n of the observance of Russian Easter. He denied that Graham had ever been in his home and he disclaime ever having seen him prior to ves- terday in court. “He is a contempti- ble liar when he said he purcha liquor from me the night of the 13th Lecause I was in Ansonia,” Jacobs exclaimed. T did not return until about a quarter to twelve at night.” Jacobs’ sther t fied that she owned the can and jugs found in her She bought the contents from a wan whose name she did ngt lnow. Asked to describe him she was not so very tall and not small.” &he bought four gallons at a time, she said, Jacobs' wife testified reason for concealing the bottie of Sergeant O'Mara 1 her husband m he had a chance mother's home in that her Ansonia Asked had bought any time, M ther or not Gr quer at hor home Jacobs replied hot “He's a lar.” Tip from Bassette It developed during the trial that B. B Bassette of the ¢ League wrote to Chicf . Hart in October, 1027, that core buying liquor between Y and 10 p. m. at Jacobs’ home, ac- cording to information received by the league. The name of the writer of the letter was not disclosed un- til the case was disposed of. Rald on Corbin Avenue Stanislaw Durbas, aged 1519 Corbin avenue, pleaded guilty to the charge of violating the liquor law at. his home on April 14 represented by Attorney € owitz and was discharged. Sergeant Ellinger, Ser- geant O'Mara and Officer Grabeck testificd that they raided the p d found a small quantity of alco- ot not hol. Graham testified that he bought a bottle of alleged liquor and two drinks for $1.15 at Durbas’ home in the forenoon of April 13 *“Have you ever been convicted of any crim Attorney Waskowitz asked. No,” repliel G “What were vou convicted the attorney continued “Nothing,” replied Graham, while Mr. Woods objected to the question. : Attorney Waskowitz said he wished to impeach Graham and if he was able to do so the evidence of the “agent” might be excluded. Judge Saxe sald there was a legal way of impeaching the witn Attorney Waskowitz asked Graham how he happened to have a lame ankle. Mr. Woaqds objected, saying there was no connection between a lame ankle and the sale of liquor, or if there was, he gould not see it. A torney Waskowltz asked Graham if he was in a fizht and was shot in the ankle but Judge Saxe excluded the question. Attorney Waskowitz asked Gra- ham who brought him to Durbas’ home and Graham pointed ont a man in the courtroom. ney asked Graham if it was trne that he tried to have the man make a purchase of *“dope.” Denies Being “Dope” Fiend Graham hesitated but answered aflirmatively. “Are you a dope fiend?” the at- v asked, and G am replied insisted that he wanted to purchase “dope” for use as evidence in court and not for his own usc. He denied that he had pursued Mrs, Durbas about the city. After Sergeant McCue and Officer Grabeck had stified to having seen Graham enter Durbas® home, Attorney Waskowitz called the man who was pointed out by Graham. He gave his 26 Alden a meeting ; told of sraham in the men's room ilroad passenger station the of April 13. They had n k ecach out of a ham produced after which Golee took him by bus to Durbas’ home, Graham having expressed a desir to obtain liquor or heer. At Durbas’ 1o they had several drinks of iquor and but did not which ile ac- sell in an automo ident, but e never mor or offer it for aham, told could sell some “dope’’ to 2 \ in Hartford it he knew rat it c told him he did not w of a t it Rubbing Jas testified that her hus- ured in an s ago today and is now lly and mentall alcohol, she said, liquor. Graham, her Saturday for him only a drink xes alcohol. coloring matter 1 to drink, she said, wher Uses ttwo voar ripple, physic sos rubbing ot sell aid, noyed 1or but she g ¢ hushan AMr. Woods called Ser to the witness stand ked him vhiether or not Graham em- ployed by the police for any pur- 1 10 obtain evidencs is ructed by him viol narcoties wherever lative to nt, that you nner for up the " Attorney you sure titying 1n th irpose of bolster this “I'm testitving to what 1 know. \ under cath,” the sergeant re- plied with emphass, Mr. Woods interposed objie- tion and Atte Waskowitz attorn nony of an ney as- sting v that of vour 1014 Attorpey i1e that he had Mrs Durbas quor to the Stanley Works that as Louis Golec | hottle which | where she ts employed, and sold it. Judge Saxe ruled out this testimony because Mrs. Durbas was not charg- |ed with any offense. | Calls “Rubbing” Old Story | Attorney Waskowitz claimed Dur- bas was entitled to a discharge, and he pointed out that although the ent” had testified to making a purchase at Durbas’ home on April 13, the state did not charge Dur- bas with violating the law on that date but had introduced the testi- mony of ti reputation. Woods said Prosecuting Attorney he story of rubbing al- cohol on ac limbs is an old one and has 1 eard in court too many times to make any impression. He charged Dubras with violating the law for a long time and asked a conviction, Judg said there cortainly was reasonahl: doubt, es- pecially the testimony of the “agent” as to the alleged purek was refuted, not only by Durbas and his wife but also by Golee, and the state had presented no corroboration of 1t Man Fal Anna Battaglia of 6 Franklin street, charged with vi- olation of the liquor law on April was continued until May 28, case of noon, court ad- s afternoc seline, William Fi Burritt st lorczyk, aged Walter Smith street auskas, aged 4 Hurlburt. street, all char olation of the liquor law; ian Cholaskian, aged North strest, char with a dangerou Yorsell, aged 27 of and Ldward Helm, Stanley street, charg tempted highway robbedy: r and Loafer of 78 with vi- Kachador- of 15 assanlt Henry with weapon; K str. peace d by his wife of being drinker and a periodical loa the past year. tactory for two year ning she came home hushand intoxicated ind she called Offic 1hout o'clock but hesitated fo arrest him on account of the fact that there are three chil- dren in the family. At 10 however, he was called again and found Kowalski in fully dressed and the condition of John Willow of the and last eve- 4 found her He abused her r John Liebler the kitchen indieted that there had | been a disturbance. M Kowalski was locked out and the officer also could not get in until a boarder opened the door. | Kowalski denied his wife's accu- {sations and sail she should ve been arrested for striking him wit a stick. The reason he stays out of work occasionally s that he has been i1l from time to time, he said- He admitted that he likes cider and indulges in it considerably. | Judge Saxe imposed a fine of $10 | and costs but suspendcd execution of the penalty with a warning to | Kowalski to drink less cider and do more work or hb will be punished. POLICE AND BUILDING ' BOARDS T0 BE SHAKEN (Continued from First Page) The attor- | attend the session. Letters were the oftice of Mayor Paoncssa advi {ing John E. Moore, Joscph Mlynar- skl and John A. Anderson that the commissionerships held by them on the board of public works have been declared vacant and successors them have been appointed. The three board members did not re- spond to the mavor's request that they resign. WAY 1S HINTED AS (Continued from First Page) ! Gicted that Way and the went out first, that Mrs, Gaudet and the accuscd followed and that Mrs. Guilfoyle ay remained to turn ont t When My ights Guilfoyle and Mrs. 1 the the stairs shots had been heard, 1 foot. of fter the the they found ¢ mortally wound floor opposite Guilfoyle. ping to the Guiilfoyle's Statemegt *“The ‘ this « by nt that is dpnelus n he said, " wade id thin Cites Way's Testimony Algernon € W estimony h lizhts of the Priest Will éross ‘ Pole With Nobile geant MeCue | iseppi Gianfranesehi, Gregorian University in Rome, has been appointed by the Pope to accompany General Umber- 'te Nobile on bis attempt to fly in a dirigible across the North Pole. {118 will be the first pisst to make i a polar flicht yeetor ¢ alleged sale to prove | Park street | | She has worked in a the officer | bed | out today from to | POSSIBLE SLAYER det girl | | accused when he was {trial, Gideon laid particular empha- sis on the fact that the witness is lame and has but one arm. | “How could he have been direct- ly concerned with this case?” he said. “The very fact that he is left handed eliminates the possibility of |his having been concerned because the bullets took the opposite course. “The evidence discloses no motive, lio opportunity, no reason for Mr. Way to commit this homicide.” Guilfoyle's Position | The position of Guilfoyle in the Lull and the position of the bullets lave been definitely placed, Gideon said | The state claims that there were | powder marks about the wound in Guilfoyle's head and the testimony Lears out that claim, he said. chief medical | Dr. Charles Norris cxaminer of the city of New York, | was the most important witness in the case because he gave the atate the angle at which the shots were tired, Gideon declared. Defense Opens Argument Judge Samuel Rosenthal, attorney for Dr. Guilfoyle, in opening his rguments declared that he entercd case almost three months ago, confident that the accused was inno- 1 he has learned noth- h did not substantiate traced the relations of udets and Guilfoyles to Lcach other. He pointed out that Mrs. Gaudet lcame to Hartford with the Guil- yles on the Sunday before the murder at the suggestion of Gaudet and not through any suggestion of the doctor. The Ways arrived uninvited at the ,¥le home on the night of th: murder just after the Guilfoyles and their guests had finlshed dinner. Conflicting Testimony “And now we come to the most claring, conflicting testimony ever iven in any court,” Rosenthal said he neared the time of the murder | 1 his narrative. “Mre. Johnson, one state witne: placed Mrs. Way on the stairs | hehind Mrs. Guilfoyle while M 'ay declares that Mrs. Guilfoyle s already downstalrs when she (Mrs. Way) came out of the door of {he Guilfoyle apartment,” Rosenthal sald, and then went on to recite from the record other bits of testi- mony which the defense alleges is conflicting. The statement which Mrs. Way made on the witness stand regarding Guilfoyle's alleged alarm at the prospect of the police coming. just after the shooting, was not found in | her statements to the coroner nor to the police, Rosenthal declared. He further attacked her testimony Absolutely Painless Tooth _ Extraction and High Grade Plate Work Are Our Specialties plis g DAILY HERALD The dominant idea of our office, is the very finest of dental average person can afford to pay- by recalling to the court that her testimony under direct examination was given with “astonishing ra- pidity” but that she was reluctant to answer - questions propounded by { Robinson. He then read from the {record her answers to’a dozen or more questions. No Jusufied Evidence | John T. Robinson, chiet defense attorney in his angument declated: {*“There is no evidence justifying & |verdict of first degree murder nor is there any evidence that Dr. Guil- ‘foyle committed the murder.” | *The state has undertaken to |prove that this accused, without {cause or reason, shot down this {woman in the back. This woman for |whom the state claims the accused {had a deep affection,” Robinson de- clared. “Now, for the first time perhaps,” | Robinson said to the court, “you | gentlemen who are sitting here both 'as judge and jury are called on to abide by the principles which you have so often conveyed to jurists.’” Representing Citizens State's Attorney Hugh M. Alcorn | was described as the reprosentative | of only the “prosecuting arm” of the state. “Your honors represent the state much as does Mr. Alcorn,” isaid Robinson, “and I too represent more than Dr. Guilfoyle.” Ho went on to describe the interest manifest. {od in the case by citizens of the state |and added, “I am representing every ! citizen of this state.” | Every phase of this case is a con- test in which the state becomes _belligerent,” Robinson declared. Mrs. Guilfoyle First The state first accused Mrs. Guil- | foyle of the crime, he said, and then {within 24 hours, Guilfoyle was ac- |cused and since that tme every | pressure has been brought to bear to convict Guilfoyle. “They had as much evidence against Dr. Guilfoyle on January 19 |as they have today, he declared. “If the same effort had been | made to ascertain who committed \the crime,” he said, “the mystery would not be a mystery today.” | *“Why has the state had such dif- | ! ficulty in providing its theory?" he asked and answered his own ques- tion by saying that Dr. Itoyle's linnocence balked the staté’s efforts. “\e have shown mnot only that Dr. Guilfoyle did not shoot himself _but also that he could not shoot | himself.” Dr. Norris was termed the “state's | chief witness” by Robinson. | " “He sat in this courtroom during | the entire trial and when he took he stand as the last witness, he was | s0 thoroughly convinced of Dr. Guil- foyle's innoecence,” Robinson said in “poln!mg out that Dr. Norris testified of the better kind X-RAY Eliminates Guesswork Gas, Oxygen and Nerve Blocking For Painless Extractions The Best . 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Lo —osAY, ARl 23, 1925 te the truth of points advanced by ! by the defense. “Dr. SBaunderland knew that the | wound was not self-inflicted and the | whole state of Connecticut could not have made him testify otherwise,” the attorney declared as he covered the testimony of the various state witnesses. | Not Self-Infiicted “The state haa absolutely proved] by ita own witneases that this' wound was not self-inflicted and yet they say this man is guilty of first degree murder,” he said. Guiltoyle's statement that Mrs.' Gaudot “was. not shot through the pleura” is & point for the defense rather than the state, Robinson | said, because the course of the bul- | let was actually towards the pleura or fleshy part of the lungs, and had | Guilfosle done the shooting, he | would have known that.” “Motive {s of great importance and the state has fafled to show a motive. Either the shooting was done by a person with a motive or elso by an insane person and I ven- | ture to prophesy that if a certain person should be indicted for murder, his defenss will be sanity.’ “There {8 not a scintilla of cvi- | dence to show that there was a | rift in the affections of Gullfoy and Mrs. Gaudet,” Robinson said, “on the other hand the state has shown that they were greatly at- tracted to each other. | “Many men who are not mur- derers have a fondness for beer,” he continued. “Many a man who is not # murderer has an affair with a married woman. | Hoped”~ She'd Recover “Guilfoyle’s first hope for Mis Gaudet after the shooting was that she would not die,” the attorney dc- clared, “We have not put on any evi- dence to prove that anyone commit- ted this crime,” Rohinson sald and added that state’s witnesses had their own suspicion on Mrs. Guilfoyle, on the Wayr, and on unknown persons. Mrs. Way's ‘estimony was ‘‘color- ed” and “meant to divert suspicion to either the doctor or Mrs. Guil- | fovle from the Ways," Robinson said “A detective story writer would call the house where the crime was committed a ‘perfect murder house' | becauso of its double staircase, con ‘ venient exits and dark places under the staircases,”” he declared. | *We cannot resort to speculation | or tmagination to find the motive in | this case,” Robinson said. *“Way testified on this stand that it was not until he knew that he was under suspicion, that he con- nected the ‘man in the gray' over- coat who did the shooting, with Dr. | Guilfoyle.” ————— I thi ‘in- Machine Attachment For cut work and butten holes, being demonstrated at W. T. Grant Co. for this week only. THE STORE THEY ALWAYS COME BACK TO Wednesday and Thursday GREAT SALE OF ‘2 For Matron For Miss For Children $2.95 to $5.98 Grade oTRAWS! FELTS, SILKS extraordinary purchase and Hundreds of fine samples from new Spring offerings. 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