New Britain Herald Newspaper, December 24, 1928, Page 5

JUDGE BOOSTS FINE ASPOTHAL APPEALS Broad Stmt Man Changes Mi and Pays $100 Found guilty of the charge of | keeping liquor with intent to sell, Joseph Potkaj, 23, of 179 Broad street, was fined $100 and costs by Judge H. P. Roche in police court today, but when Judge W. F. Man- 2an, representing Potkaj. agked that Londs for an appeal be set, Judge Roche increased the fine to $250 and costs, remarking that Potkaj had come into court and lied about the | activities in his store at 87 Gold“ street. After court, however, Potkaj decided not to appeal and arrange- ments were made for him to pay the original fine and costs in install- ments through the probation officer. On the charge of keeping a place having the reputation for the sale of liquor, Judge Roche entered a dis-. charge for lack dence, Sergeant Feeney testified that he and Officer Hopkins raided the store about 11 o'clock Saturday night. It 1= in a basement and three men un- der the influence ef liquor came out a short time before the police enter- ed. A can with traces of alcohol was found under the cash register, a pint of liquor was found in the rear part of the store, and a_glass and another container were near sergeant -said young men frequent the place and he has seen it open until 2 a. m. On three occasions he of sufficlent evi- was routed out of bed at home to it from | receive complaints the same man. about As to the reputation of the store, Sergeant Feeney said he seen women or children in the store. It is a difty, poorly lighted place and there is hardly $25 worth of cigars, soda and candy in it, Cross amined by Judge W. F. Mangan, Sergeant Feeney said he did not learn the name of the man who made the three complaints..He im by sight but not by name, he said. He admitted that he frever received a complaint from anyome. clse relative to the place. Potkaj according to the sergeant, accused Bim of -having “planted” the can and bottle on the premises. In reply to Judge Mangan, the ser- E the sanitary conditions in the b foom of the store were such fhat”hé“had made a report at has never headquarters, to have the health de- partmeRg Investigate. Offtrer Hopkins testified that he 1as seen men go in sobersand come out drunk but he received no com- plaints about it from residents of the neighborhood. He has been on the beat six months and Potkaj has conducted the place six or seven weeks. In reply to Judge Mangan, Officer Hopkins said there was nobody present hut Sergeant Feeney when he latter found the bottle - ai when shown the can, Potkaj claimed: “My God, who put thege Polk.u took the that witness stand and denied that he ever sold liquor. | He was in the front part of the store shining shoes when Sergeant I"eeney entered and asked about the | pool room lice: Potkaj replied that he had no license so he did not | use the table in the back room. The | sergeant pulled out a nail which pt the door to the back room closed, and a little later came out with the bottle. Until then, Potkaj said, he did not | know that the' hottle was there. He vdmitted that he-carries litle stock in the store but he could prove that women and children are among his customers, He admitted that was convicted .of running a gambling | place on the premises but since then he has not kept open after 11:30 p. m. or so. Walter Wisk of 63 Miller strect, testified that his car ran out of zasoline Saturday and he got a can full from a filling station, after- wards leaving Hl:- can in Potkaj's dtore. Potk: ,hrmh«r allowed -him to leave it after anotlier Tellow washed | it out with water. tegtified that he store. He washed it in the! was given it by Prosecut- the sink. The. he | Mr. Woods, summing up for tbe state, declared that the defense wit- nesses insulted the court's intelli- gence by their story. Potkaj was suilty, he said, on two counts. His | store is a pretense and nothing else. Sergeant Feeney's testimony thflt l man woke him up three times at | his home to complain about the | store without giving his name, was “‘unreasonable.” Judge Mangan | d. If that is the system used in | the police department, Judge Man- | gan asserted, it is to be regretted | because it is a very poor system. \«.On! believe it is possible to makn. three complaints about a place to the police without being asked your rame,” he said. Judge Roche said the state had not produced evidence of reputation ! sufficient to convict, but the story | of the defense was “preposterous” +and he did not believe it. Talks Himself Into Trouble Stanley Potkaj, 18, of 179 Broad street, was at the police station about 11 o'clock Saturday night inquiring | 2bout his brother's bond and as he | turned away from Sergeant Feeney | and started towards the door lead- | ing to the street, he uttered a vile remark, according to Officer Louis E. Harper, who went out after him and arrested him on the charge of breach of the peace. Potkaj, who was represented by Judge Mangan, admitted that he had | done 5o, but he did not apply the name to anyone in particular. Ser-! geant Feeney testified that he heard what Potkaj said. Judge Roche found the young man guilty and | suspended judgment with a warning that if he persists in going about using the language quoted he will regret it, because some day he will pick the wrong person. “Then you'll come running to the police to have someone arrested, I suppose,” court said. crepancies in the testimony of Ser- geant Feeney and Officer Hopkins | were irreconcilable. The former said Potkaj was in the back room when he entered but Officer Hopkins said he was in the front. Sergeant Feeney said Officer Hopkins assist- ed him in searching the place, while the officer said he stayed in the front part and made no search, Judx(‘ Mangan poinled out. PROSECUTORS' PAY MAY BE 2,300 EACH Salaries Paid Now May Be Pooled and Divided the police court prosecytors depart- ment without increased cost under a | system of two officials on equal basis, if such a plan supplants the present scheme of having one prose- cutor and an assistant, by pooli the two salaries and payingeach offi- cial one-half of the combined amount. This arrangement is advocated by | some of the attorneys who are urg- ing the change. Prosecutor Joseph G. Woods receives a salary of $3,- 000 a year and Assistant Prosecutor | William M. Greenstein is paid $1,- | | 500, 1f the suggestion. made is adopted, each would be placed on| the salary list for $2,250. Both law- vers have asked the common coun- | cil to increase the present amounts ‘lv) $1,000 a year, for each position. The charter revision committee | has tentatively approved the change ‘Lm\l requested Corporation Counsel | John H. Kirkham to prepart a pro- | vosed charter change for action at ta meeting to take place Friday night. | HOLDS UP 28 CHAUFFEURS New York, Dec. 24 (UP) — A bandit held up 28 chauffeurs in two garages yesterday, carrying off $195 Police believe he was an fnexper- | |ienced thief, because he did not| make & “business like” search of | his victims, and as a result got only \a fraction of their money. | The first holdup the bandit took | score of chauffeurs $120 from a | without searching them. An hour later he held up eight other chauf- feurs in a garage and ing Attorney Woods to smell and ad- | mitted that there was an odor of | aleohol present, Officer Hopkins was recalled to the | witr re ihoftle of liquor was kept. Viatgan asked him the information. ‘the officer hesitated, Judge ot tell if he cared to..” The officer mam- ss stand and testified that he | ‘cived information as to where the | | source of hxsl and Prose- | % Atgorney Woods told him to | ed Officer Daniet Coggrove, a for- . mer liquor squad member. - 1Us @ lot of sense—me drinke ing plenty of Fernddle's milk. ps my blood pure and rich and warm. 1 certainly got a lot of health to be proud of this winter.” T 1 no half-way place in the matter of handling such an important food as milk. Modern equipment is necessary for the purest milk. NDALE [RIWHK PHONE 3890 the | Judge Mangan replied that the dis- | An effort may be made to maintain | took $75, Stanley Golas, from them without searching them. Ihmnng and determinatin as though NEW BRITAIN DAILY HERALD, MONDAY, DECEMBER 24, 1928. begun by writ and cmplaint, and may impose terms upon such trans- [ ter. “Sec. 4. . The judge of said court may appoint an assistant clerk of u.hi court who shall hold office dur- ng the pleasure of the judge and QUTLINE OF COURT - FOR SWALL CLAINS ‘Chamber of Commerce Prepares. ! Bill Tor Charter COMMItIse wswant sk shai saie she sath pre- | scribed for the clerks of courts in L this state and shall execute & bond | A maximum of $50 has been to the.city in the penal sum of ene adopted as the amount to be recom. thousand dollars and with sufficient mended by the executive committee | of the Chamber of Commerce to the | legislature for the proposed small | claims court in this city. | The bill us recommended, and | | Which the charter revision commit- | '(Pe and the general assembly will be | asked to consider, is as follows: | who shall, under the direction of the | clerk, take care of such small claims | as may be brought to said court un- with the treasurer of said city. The | asmistant clerk, under the direction {of the clerk, shall keep the files and records of said court as may pertain to said small claims and may issue summons and writs and may per- torm’ such other duties as may be | assigned to him by the court, and in | general perform such duties incum- bent upon clerks of the superior |court in like cases pending therein so far as the same may be appli- cable to said court. “Sec. 5. Said assistant clerk shall receive such salary as shall be de- termined by the court of council.” | Be it enacted by the senate and | | house of representatives in general assemoly convened: “Section -. The judge of the city court of the city‘of New Britain, as soon as may be practicable after the passage of this act, shall make rules | applicable to said city court, provid- | ing for a simple, informal and inex- | pensive procedure for the determina- tion, according to the rules of sub- stantive law, of all claims for money | damages, except claims based upon slander and libel, in which the plain- | tff claims as debt or damages $50 | ‘ dollars or less. Such procedure shill | not be exclusive, but shall be alter- | | native to the existing procedure for ! causes begun by writ and complaint. | | Such procedure shall include the be- | ginning of actions without writ or re- | | auirement, except by special order of court, of other pleading by either | party than a written or oral state- | ment to a clerk of the court, whi hall reduce the same to concis written form in a ‘Small Claims’ | | docket kept for the purpose. Such | | procedure shall include notice by { mall instead of the model of legal service heretofore required, provis- ions for early hearing of actions thus begun and provisions for the begin- | | ning of such actions with the pay- | ment of an entry fee of one dollar or | other sum. Such procedure may in- | clude the modification of any or all | existing rules of pleading, practice ‘and evidence, and a stay of the entry | | of judgment or of the issue of exe- | cution, upon such reasonable terms |as the court may prescribe. The | rules for such procedure may pro- vide for the elimination in whole or |in part. in the discretion of the { court or by rule, of any or all fees rdnd costs now fixed by law. In cases begun under such procedure the clerk may, on application and | for cause shown, issue writs of at- ;mchmeut on property as in causes | begun by writ and complaint. “Sec. 2. In any cause so entered in the ‘Small Claims’ docket by any plaintiff, any other party to the cause may require the same to be | transferred to the regular docket and proceed according to the usual rules ot practice by filing in court, prior to the date on which he shall have been notifled to appear, a claim for such transfer accompanied by his | affidavit stating that he believes in | zood faith that he has a defense to | the action and setting forth the | krounds of such defense and, in an appropriate case, that he desires a | trial by jury. He shall, at the same | time, pay into court the amount of the usual jury fee, if he shall intend to claim a jury trial, and the amount of the usual entry fee. The cause may thereupon be tried upon the aforesaid statement on the docket, or upon written pleadings, if the same be ordered by the court in its dtscretion, and such cause shall be placed upon a privileged list for speedy trial. Tn any cause 50 in- stituted and not transferred as afore- said, all parties shall be deemed to have waived the right to trial by jury and there shall be no right of appeal, writ of error or other review of the judgment, but the judgment of the court shall be final and conclusive; provided, in cases where the losing | party shall file affidavit with the | clerk of the court that the judgment has been obtained by fraud, an ap- peal, writ of error or other review shall be allowed as heretofore per- mitted under existing laws. c. 3. The court may, In its discretion, transfer a cause begun | under the provisions of this act to the regular civil docket for formal WELL BARY CONFERENCE The schedule for the Well Baby irg Nurse association for the week will be as follows: Tueeday, December omitted. Wednesday, December 26, 52 Cen- ter street, 2:30 to 4 p. m. Thursday. December 27, Wash. Ington street school, 2:30 to 4 p. m Friday, .December 28, East street school, 2:30 to 4 p. m. Examining physician, v‘ il i 25, conference | Dr. L. B. i E wish cerest of the seaso thank you for the biggest, brightest, m ous year we have ever ‘ enjoyed. you the sin- compliments May we n. ost prosper- | Globe Clothing House surety, which bond shall be deposited ! common | conference conducted by the Visit- | eAnd Help Build NO MOTOR GASES ON COURT DOCKET {Four Minor Collisions Reported to Police During Week-End Four minor accidents involving jautomobiles were reported to the | police over the week-cnd. No arrests were made. the police court dock {today being without a case of viola- tion of the motor vehicle laws for the first time on a Monday in some months. Donald Wooster of 311 Wooster street was driving a sedan owned by | Fred Wooster of the same a east on East Main street {forenoon at the approximate rate of 15 miles an hour when Doris Cul- |lum, aged of 350 East Main street, crossed the street with an older sister. She ran ahead and stopped, turning back and striking against the sedan. The bumper |grazed her and knocked her down !but she was not injured and was able to walk home, according to Of- ficer Michael Massey's report. Shortly before noon Saturday, Lu- cy P. Case of T4 Forest street was |driving & touring car owned by Edward D. Case of the same address | north on Vine street at the approxi- 'mate rate of 15 miles an hour and a sedan owned by Jennie Kopczyk (ot 24 Crown strect and driven by iAnthony Kopezyk of the same ad- i dress was going south on Park Drive at the same speed. As Mrs. Case |turned into Park Drive the cars col- lided and Kopezyk's car was forced |onto the east sidewalk. m mm"'“ m "Tis the night before Christmas Sergeant P. J. O'Mara learned that Kopezyk was slightly to the left of the center of the highw~ . He told the sergeant he did not anticipate Mrs. Case's turn into Park Driv 1 he did all he could i0 avoid the crash. The headlights, front fenders, bumper and radiator of the touring car were damaged, and the rear right fender, front right fender, right running board, glass fin the right door, right headliglt and rear right of body w.re smashed on the| edan. Sergeant O'Mara reported no cause for police action A collision occurred at the ¢ of Oak and West streets about 2:15 Saturday afternoon hetween driven by Peter Bucchi of cox street and a car ow Mary Goldstein of 51 Sout street Ch car 18 Wil- by Mrs. Goldstein Hartfor ring covering Buechi's car, and w rear right right bumperette on suffered. Bucchi was dr on Oak street and Goldste West street when the red. Both cars were g approxi e rate of 1 an hour, cording to of the drivers to Serg who found no caus: tion. A se owned a mund Starr and a by Adolph Konopces of Farming- ton avenue, Forrestville, collided at West Main and Washington streets bout 6:45 last night, nding the t front fender on Konopces' car and bending the rear left fender and ripping a hub cap on Starr's car. Supernumerary Officer Gutowski re- ported that he was at the Capitol theater when he heard crush and found that Starr drivir | west on West Main street and Kon- | eel, ar driven was And all puer toum Chere’s holiday gladness— You ran’t find a froum, Che children are laughing And joyful berause Of a Christmas Club check From old Santa Claus.’ __g_— *Through our 1928 Christmas Club. 1929 club now open. Join today. TRUST Open Saturday Evenings 7109 CO. WBRITACOy cpees was going east on W street. rator's license with him and the officer brought him to headquarters. Lieutenant Bamforth allowed him to go home aund get it, which he did, and he was not held. the mem- . Hammond camp and nesday night, at § nory, ‘The heid at 7 wuxiliary vited New Br Instity 5 p.m. library 1 will ginia Britai Four Dead, 102 Injured In Philippine Quake Dec. 24 (P—The toll uake and tidal wave y at Cotabato, Philippine province today stood at four injured and property amage of 3 #400. The city of Cotabato was said to have been practically stroyed, The quake cam: and many houses collapsed. Fire broke out hut it soon was brought under control. The tidal w: tol- lowed, flooding the city rounding the area. Munila, of last name during the t Main | street and turning into Washington | Starr did not have his op- | capital of Raphael Announces 1928 Lamp—Joseph G 64 Farmington Ave, City moking Stand—>Mrs. 93 Tremont street, City. 1 Clock—Albert Linwood Street, Douck- City. Desk and Ch Arthur Street, City. Floor La Sullivan, 166 Glen Strect, City Banjo Cloc 1\—1' K., 261 man street, Chap- Occasional Chair—Mrs. Helen Sparmer, 144 North street, City. noker — Skoczulak, 42 ige Lamp — John Esmail, High strect, City. t—Ida Camden, 183 treet, City, Tilt Tabl Robbins Av —Mrs. A. A. Bird, 42 Maple Hill. Smoking Cabinet—Dixie Sha, 79 Hammer str Hartford, Conn. Tele Y Desk and Chair— Whalen, 17 6 Wilcox street, City. Floor Lamp — Bobbie Davis, 428 Church street, City. m—Miss Mary Naggen, Mahogany Smoker — Margery 9 West Main street, City. Table—F. Perkins, 132 Cleveland street, City. Bridge Lamp—S. H. Lenonajar, 30 Concord street, City. Banjo Clock — Mrs. Casuleng, 14 West Pearl strect, Cit; Cogswell Chair—J. M. Raftery 24 BElin sireet, Middletown, z Stand — Cecilia Za- Yale strect, Meriden. Smoki barn, 45 Cedar Chest—TH. 36 Lawlor stre P. Volonius, City. Martha Washington Sewing Cabinet—Grace Kernin, 115 South Main strect, Middletown. Flo T4 s amp—Diana Boissneau, our street, City. Book Trough—Adeline 351 Chureh street, City. Gengd, Telephone Desk and Chair—H. Castioln, Town Line, Plainville. — Genario n Ave., City, Renrwin, 71 Wal- hair—Mrs. I. B. Car- ington street, Plain- frs. Wilk, Clark street, e—Roy, 17 Carlton Mantel Clock—Ar 199 Burritt street, Cit s Bieder- City, Cabinet— Charies stree —Charles 1ty. Floor Milish 198 Hart Lamp street, retary De —A. Hildebrand, Stoker—Adolph Mid town. Bush, le and Stanley strs Chair— Floor lamp—A Clinton Ma old South Dase Floor Lamp—Iar- Donnely, 269 Main street, gto noker—>M. Pliva, 4 City. Magnolia Tiridge Roxbury Delaney, 71 Roa Occasional Chair E. Kensington. Nirco, Silk son, Umbrella—Virginia Ander- 28 Roberts street, City. sridge Lamp—F. Kash, 33 Hayes street, City. Th Baigley, -Piece Toilet Set—Miss M. Rhodes street, City, Smoker—>Mrs. Lindwood Mahogany Carlson, 287 City. A street, Large Doll—O. Poltcr, Beckley, Conn. Lucy Pel- ve., City. Floor Lamp—Mi tenelli, 1482 Corbin ‘Wool Blanket — Henry Marr, 207 Beaver street, City. Marble Top 8moker — Edith Young, 23 Trinity street, City. Palangi. {